THE CONTRACT LABOUR

( REGULATION & ABOLITION )

ACT, 1970
[Act
37 of 1970 as amended by Act of 19862]

CHAPTER I

PREAMBLE/OBJECTIVE

AN ACT TO REGULATE THE EMPLOYMENT

OF CONTRACT LABOUR IN
CERTAIN ESTABLISHMENTS
PROVIDE FOR ITS ABOLITION
IN CERTAIN CIRCUMSTANCES
& FOR MATTERS CONNECTED
THEREWITH.

APPLICABLITY

APPLICABLE -

EVERY ESTT. WHERE 20 OR MORE WORKMEN

ARE OR WERE EMPLOYED AS CONTRACT
LABOUR ON ANY DAY IN LAST 12 MONTHS
EVERY CONTRACTOR WHO EMPLOYS OR WHO
EMPLOYED 20 OR MORE WORKMEN ON ANY
DAY IN LAST 12 MONTHS

NOT APPLICABLE IF THE WORK IS OF INTERMITTENT OR

CASUAL NATURE

SOME IMP. DEFINITIONS

Contract Labour - A workman hired in or

in connection with work of an estt., by or

thro a contractor, with or without
knowledge of principal employer.(Sec.2b)
Contractor - A person who undertakes to
produce a given result for the estt., other
than mere supply of goods or articles of
manufacture to such estt., thro contract
labour, or who merely supplies contract
labour for any work of the estt., & includes
a sub-contractor.(Sec.2c)

Principal Employer In relation to any Govt. Office or Dept. or a

Local Authority, head of that Office/Dept. or
such other Officer as the Govt. or the Local
Authority may specify in this behalf.
In case of factory, the owner or occupier of
the factory, & manager of the factory, if any
so named under the Factories Act, 1948.
In case of mine, owner or agent of mine & the
manager of the mine, if any so named.
In any other estt., any person responsible for
the supervision & control of the estt.
(Sec.2g)

CHAPTER III
REGISTRATION OF ESTABLISHMENT

Principal Employer of an estt. to make an

application within stipulated time frame,
to the Registering Officer (Asst. Comm.
of Labour)
Revocation of RC in certain cases Misrepresentation or suppression of any
material fact
If the RC becomes useless or ineffective
& therefore, requires to be revoked

Effect of Non-Registration If the estt. has not been registered under

the Act within the stipulated time ; or
the RC has been revoked,
the principal employer of the estt. to
which this Act applies, shall not employ
contract labour after expiry of period or
after the revocation of RC.

PROHIBITION OF EMPLOYMENT OF
CONTRACT LABOUR

Appropriate Govt. may, after consultation

with the Central or State Advisory Board,
prohibit by notification, employment of
contract labour in any process, operation
or other work in any estt.
Before issuing any notification as
aforesaid, the appropriate Govt. shall have
regard to the conditions of work and other
benefits provided for the contract labour
in that estt. and other relevant factors,
such as -

Whether the process, operation or other

work is incidental to or necessary for
the industry, trade, business, manufacture or occupation carried on that estt.;
Whether it is of perennial nature i.e. of
sufficient duration ;
Whether it is done ordinarily thro
regular workmen in that estt. or estt.
similar thereto ;
Whether it is sufficient to employ
considerable number of whole-time
workmen.

CHAPTER IV
LICENSING OF CONTRACTORS
No Contractor shall undertake or execute
any work thro contract labour except under
and in accordance with a licence issued by
the Licensiing Officer.
Contractor to make an application within
stipulated time frame,to the Licensing
Officer.
A Licence shall contain Such conditions including, in particular,
hours of work, fixation of wages and other
essential amenities in respect of contract
labour.

CHAPTER V
WELFARE & HEALTH OF CONTRACT LABOUR

Canteens
Rest Rooms
Other facilities - Drinking Water, Latrines
& Urinals, Washing facilities
First Aid facilities
Liability of Principal Employer in certain
cases
Responsibility for payment of wages

THE WEST BENGAL CONTRACT

LABOUR ( REGULATION &
ABOLITION ) RULES, 1971

CHAPTER III

REGISTRATION BY PRINCIPAL EMPLOYER

Application in triplicate in Form No.1 to the

Registering Officer of the area

Treasury receipt showing payment of fees for

registration

Grant of Certificate of Registration in Form II,

if the application is complete in all respects

Change in the particulars specified in the RC

to be intimated to Registering Officer with the
particulars & the reasons thereof
Amendment of RC - Ensure the prescribed
fees for registration are deposited

LICENSING BY CONTRACTOR

Application in triplicate in Form No.IV to the

Licensing Officer of the area, accompanied
by Certificate in Form V, issued by
Principal employer

Treasury receipt showing Deposit of Security

Payment of fees

Grant of Licence in Form VI, if the application

is complete in all respects

Every licence granted or renewed shall

remain in force till 31st December of that
year only

Change in the particulars specified in

the Licence to be intimated to Licensing
Officer with the particulars & the
reasons thereof

On good & sufficient reasons, Licence may

be amended by Licensing Officer

Contractor to apply to LO for renewal of

licence on or before 31st October

CHAPTER VI

WAGES

Contractor shall fix wage period and no

period shall exceed one month
Payment of wages

Payment of wages, how made ?

Payment of wages on termination
Payment to be made on working day
Wages to be paid without deduction (except
those permissible under Payment of Wages Act)
Display of notice showing wage period
Entries regarding payment of wages, etc. to be
made in Register

CHAPTER VII

REGISTERS & RECORDS

Register of Contractors by Principal Employer

Register of persons employed
Employment Card
Service Certificate
Muster Roll, Wage Register
Register of
Deductions
Overtime
Fines
Advances

Display of Act and Rules

Notice showing rates of wages to be displayed
Submission of Returns

MANAGING CONTRACT LABOUR

Why there is need of engaging Contract Labour?

What are the pros and cons of Contract Labour?
What precautions should be taken while engaging
Contract Labour?
Registration Certificate of Principal Employer
Licence of the Contractor
Selection of the Contractor
Terms and conditions of the Agreement
Appointment of Contract Labour & terms and
conditions of their employment
Supervision & Control
Disciplinary Matters
Payment
Statutory Compliance