Miscellaneous Sections and Explanations:
Section 1: Applicability
·
It is applicable to every establishment where 20
or more worker are employed
·
Applicable to every contractor who employs 20 or
more worker
Note: It shall not apply to
establishment in which work only of a casual nature. Following work shall not
be deemed of casual nature:
·
If it is performed more than 120 days in preceding 12 months
·
If it is of a seasonal character and is performed more than 60 days in a year.
Section 2: Definitions
·
Section 2(a)- Appropriate Government
o In
relation to an establishment in respect of which the appropriate government
under the industrial dispute act 1947 is the central government, central
government would be the appropriate government
o In
any other case, the state government would be appropriate government
·
Section 2 (c)- Contractor
o In
relation with establishment, it means a person who undertakes to produce a
given result for the establishment, other than a mere supply of goods or
articles of a manufacturing to such establishment, through contract labor or
who supplies contract labor for any work of the establishment and includes a
sub contractor
·
Section 2 (e)- Establishment
o It
means any office or department of the government or local authority
o It
means any place where an industry, trade, business, manufacture or occupation
is carried on
·
Section 2 (g)- Principal Employer
o In
case of department of government or local authority, head of the department or
office would be the principal employer
o In
case of factory, owner of the factory and where a person has been named as a
manager of the factory under the factory act
o In
case of a mine, owner or agent of the mine or manager of the mine would be the principal
employer
o In
any other establishment, any person responsible for the supervision or control
of the establishment.
·
Section 2 (h)- Wages
o shall
have the meaning assigned to it in clause (vi) of section 2 of the Payment of
Wages Act, 1936 (4 of 1936)
·
Section 2 (i)- Workman
o "Workman"
means, any person employed, in or in connection with the work of any
establishment to do any skilled, semi-skilled or un-skilled manual,
supervisory, technical or clerical work for hire or reward, whether the terms
of employment be express or implied.
o But
it does not include-
§ Any
person who is employed mainly in a managerial or administrative capacity
§ who,
being employed in a supervisory capacity draws wages exceeding five hundred
rupees per mensem or exercises, either by the nature of the duties attached to
the office or by reason of the powers vested in him, functions mainly of a
managerial nature
Section 3: Central Advisory Board
Constituted by central government to advice central government
on such matters arising out of the administration of this act.
Members
·
Chairman, which is appointed by Central Government
·
Chief labor commissioner (central), ex officio.
·
11-17 member nominated by Central Government and represent that
government, the Railways, Coal Industry Mining Industry, Contractor, Workman
and any other interests
Section 4: State Advisory Board
Constituted by state government to advice state government on
such matters arising out of the administration of this act.
Members would be appointing same as above, but on state level.
Section 6: Appointment of Registering
Officers
Appointed by appropriate government by an order notified in
the Official Gazette
Section 7: Registration of certain
establishment
·
Every principal employer shall make an
application to the registering officer for registration of establishment
·
If the application for registration is complete,
registering officer shall issue a certificate of registration
Section 8: Revocation of registration in
certain cases
If the registering officer is satisfied, that the registration
of any establishment has been obtained by miss-representation or suppression of
any material fact, or that for any other reason the registration has become
useless or ineffective and, therefore requires to be revoked, the registering
officer may, (after giving an opportunity to the principal employer of the
establishment to be heard and with the previous approval of the appropriate
Government), revoke the registration.
Section 11: Appointment of Licensing
Officers
Appointed by Appropriate Government
Section 13: Grant of License
License granted shall be valid for the period specified and may
be reviewed from time to time
Section 14: Revocation, suspension and
amendment of license
If the licensing officer is satisfied, that:
·
A license granted under section 12 has been
obtained by misrepresentation or suppression of any material fact
·
The holder of a license has, without reasonable
cause, failed to comply with the conditions subject to which the license has
been granted
the licensing officer may,
after giving the holder of the license an opportunity of showing cause, revoke
or suspend the license or forfeit the sum, if any, or any portion thereof
deposited as security for the due performance of the conditions subject to
which the license has been granted.
Section 15: Appeal
·
Any aggrieved person by order made under section
7, 8, 12 or 14 may within 30 days from the date on which the order is
communicated to him prefer an appeal to appellate officer. The Appellate officer shall be nominated by
Appropriate Government
Section 16: Canteens
·
Appropriate Government may make rules requiring
that in every establishment, to which this act applies-
Wherein contract labor numbering 100 or more is ordinarily
employed by a contractor, one or more canteen shall be provided and maintained
by the contractor
Section 17, 18 & 19: Rest Rooms, Other
Facilities and First Aid Facilities
It is duty of contractor to provide facilities of rest rooms, dirking
water, urinals and latrines and washing.
He has to provide and maintain first aid facilities also.
Section 20: Liability of Principal Employer
in certain Cases
·
If any amenity required to provided under
section 16, 17, 18 or 19 and is not provided by contractor within the time,
therefore such amenity shall be provided by the principal employer
·
All expenses incurred by principal employer may
be recovered from the contractor
Section 21: Responsibility for Payment of
Wages
·
Contractor shall be responsible for payment of
wages
·
Every principal employer shall nominate a
representative to be present at the time of disbursement of wages by the
contractor
·
In case contractor fails to make payment
principal employer shall be liable to make payments, he can be recovered by
contractor
Section 22: Obstructions
Whoever obstructs the inspector for making any examination,
inspection or inquiry shall be punishable with imprisonment for a term which
may extend to 3 months or with fine which may extend to Rs. 500 or both
Section 23: Contravention of Provisions
regarding Employment of Contract Labor
·
Whoever contravenes any provision of this act
will be punishable with imprisonment of a term which may extend to 3 months or
with fine which may extend to Rs. 1000 or both
·
In case of continuing contravention with an
additional fine which may extend to Rs. 100 for every day during which such contravention
continuous
Section 24: Other Offences
If any person contravenes any of the provisions of this Act or
of any rules made there under for which no other penalty is elsewhere provided,
he shall be punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to Rs. 1000, or with both.
Section 25: Offence by Companies
If the person committing an offence under this Act is a
company, the company as well as every person in charge of, and responsible to,
the company for the conduct of its business at the time of commission of the
offence shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly
Section 26: Cognizance of Offence
No court shall take cognizance of any offence under this Act
except on a complaint made by, or with the previous sanction in writing of, the
inspector and no court inferior to that of a Presidency Magistrate or a
Magistrate of the first class shall try any offence punishable under this Act
Section 27: Limitation of Prosecution
No court shall take cognizance of an offence punishable under
this Act unless the complaint thereof is made within three months from the date
on which the alleged commission of the offence came to the knowledge of an
inspector
Section 28: Inspecting Staff
·
The appropriate Government may, by notification
in the Official Gazette, appoint such persons as it thinks fit to be inspectors
for the purposes of this Act
·
an inspector may, within the local limits for
which he is appointed –
o enter,
at all reasonable hours, with such assistance (if any),
o examine
any person whom he finds in any such premises or place and who, he has
reasonable cause to believe, is a workman, employed therein,
o require
any person giving out work and any workman, to give any information, which is
in his power to give with respect to the names and addresses of the persons to,
for and from whom the work is given out or received, and with respect to the payments
to be made for the work,
o seize
or take copies of such register, record of wages or notices or portions thereof
as he may consider relevant in respect of an offence under this Act,
o exercise
such other powers as may be prescribed
·
Any information required to produce any document
or thing or to give any information required by an inspector under sub-section
(2) shall be deemed to be legally bound to do so within the meaning of section
175 and section 176 of the Indian Penal Code (45 of 1860).
Section 29: Registers and other Records to
be maintained
Every principal employer and contractor shall maintain such
register giving particulars of-
o Contract
labor employed
o The
nature of work performed
o Rates
of Wages
Section 30: Effect of Law & Agreement
Inconsistent with this act
The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law or in the terms of
any agreement or contract of service, or in any standing orders applicable to
the establishment whether made before or after the commencement of the Act
Section 31: Power to Exempt in Special
Cases
The appropriate Government may, in the case of an emergency,
direct, by notification in the Official Gazette, that subject to such
conditions and restrictions, if any, and for such period or periods, as may be
specified in the notification, all or any of the provisions of this Act or the
rules made there under shall not apply to any establishment or class of
establishments or any class of contractors
Section 32: Protection of Action taken
under this Act
No suit, prosecution or other legal proceedings shall, lie
against any registering officer, licensing officer or any other Government
servant or against any member of the Central Board or the State Board, as the
case may be, for anything which is in good faith done or intended to be done in
pursuance of this Act or any rule or order made there under
Section 33: Power to give Direction
The Central Government may give directions to the Government
of any State as to the carrying into execution in the State of the provisions
contained in this Act
Section 34: Power to Remove Difficulties
If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act,
as appears to it to be necessary or expedient for removing the difficulty
Section 35: Power to Make Rules
The appropriate Government may, subject to the condition of
previous publication, make rules for carrying out the purposes of this Act
