...

LAWS ON WORKING CONDITIONS…

HUMAN RESOURCE
MANAGEMENT

PRESENTED BY,
RUPAK DIXIT - 16
SACHIN YADAV – 17
SANGYA SINGH – 18
SANJIT PANDEY – 19
SHRUTI SHARMA - 20
FACTORY ACT 1948
 INTRODUCTION

The Factories Act, is a social legislation which has been enacted for
occupational safety, health and welfare of workers at work places.

Applicability: It applies to factories covered under the Factories Act, 1948.

 BACKGROUND

•In India the first Factories Act was passed in 1881. This Act was
basically designed to protect children and to provide few measures
for health and safety of the workers. This law was applicable to
only those factories, which employed 100 or more workers.
•In 1891 another factories Act was passed which extended to the
factories employing 50 or more workers.
 BACKGROUND

•On the basis of the recommendations of the Factory Labour

Commission, more comprehensive Law was introduced in 1911,
which got amended in 1923, 1926 and 1931
•With the amendments made by Royal Commission of Labour
(1931), Comprehensive Factory Act, 1934 was introduced.
•Following recommendations of the Rage Committee, the Govt. of
India enacted Factories Act, 1948
 CONTENTS OF THE ACT…

120 Sections

11 Chapters

CHAPTER 1 – PRELIMINARY

Basic definitions of factory, adults, manufacturing process etc.

Powers of the government in factory matters.

Approval, licensing and registration of factories.

 CHAPTER 2- THE INSPECTING STAFF

• Duties of the Occupier

• Inspectors

• Power of inspectors

• Certifying Surgeons
 CHAPTER 3 - HEALTH

• Cleanliness

• Disposal of waste and effluents

• Ventilation and temperature

• Dust and fume

• Over Crowding

• Lighting

• Drinking water

• Latrines and Urinals

• Spittoons
 CHAPTER 4 - SAFETY

• Fencing of machinery

• Work on or near machinery in motion

• Employment of young persons on dangerous machines

• Striking gear and devices to cut off power

• Floors, stairs and means of access.

• Precautions in case of fire, fumes and leakages of gases.

• Maintenance of equipments and buildings

CHAPTER – 4 (A) PROVISIONS RELATING TO HAZARDOUS PROCESSES

• Constitution of Site Appraisal Committees

• Compulsory disclosure of information by occupier

• Specific responsibilities of occupier

• Powers of government to conduct inquiries

• Emergency Standards

• Permissible limits of exposure to toxic things

• Workers participation in safety management

• Right to warn.
 CHAPTER 5 - WELFARE

• Washing Facilities

• Facilities for storing and drying clothing

• Facilities for sitting

• First aid appliances

• Canteens

• Shelters, restrooms and lunchroom

• Creches
 CHAPTER 6 – WORKING HOURS OF ADULTS

• Weekly hours

• Weekly holidays

• Compensatory holidays

• Daily hours

• Intervals for rest

• Night shifts

• Provisions of overlapping shifts

• Extra wages for OverTime

• Restriction on double employment

• Register of adult workers

 CHAPTER 7 –EMPLOYMENT OF YOUNG PERSONS

• Prohibition of employment of young children

• Non adult workers to carry tokens

• Certificate of fitness

• Working hours for children

• Register of child workers

• Power to require medical examination

 CHAPTER 8 - ANNUAL LEAVE WITH WAGES

• Annual leave with wages

• Wages during leave period

• Payment in advance in certain cases

• Mode of recovery of unpaid wages

 CHAPTER 9 – SPECIAL PROVISIONS

• Power to apply the act to certain premises

• Dangerous operations

• Power to prohibit employment

• Notice of certain accidents, diseases, occurences

• Power to conduct inquiries

 CHAPTER 10 – PENALTIES & PROCEDURE

• General penalty for offences

• Liability of owner of premises

• Enhanced penalty after previous conviction

• Penalty for obstructing inspector

• Penalty for violating the above sections

• Offences by workers

• Penalty for promoting double employment of children

 CHAPTER 11
SUPPLEMENTAL

• Appeals

• Display of notices

• Service of notices

• Obligations of workers

• General power to make rules.

• Powers of Centre to give directions

• Application of Act to Government factories.

• Protection to persons acting under this Act.

• Restriction on disclosure of information.

• Repeal and savings.

 EXPLAINATIONS OF CERTAIN
SECTIONS OF FACTORY ACT 1948
 DEFINITIONS

The term “Factory” under Section 2(m) of the act means :

Any premises in which 10 or more workers are employed and are engaged in
manufacturing process being carried out with the aid of power or
Any premises in which 20 or more workers are employed in manufacturing
process being carried out without the aid of power

The term “Power” under Section 2(g) of the act means not only electrical
energy but also any other form of energy, which is mechanically
transmitted, but is not generated by human or animal energy
 DEFINITIONS

The term “Manufacturing Process” under Section 2(K) of the act means :
Making, altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing or otherwise treating or adapting any article
or substance with a view to its use, sale, transport, delivery or disposal; or
Pumping oil, water, sewage or any other substance; or
Generating, transforming or transmitting power; or
Composing types for printing, by letter press, litho-graphy or other similar
processes; or
Constructing, reconstructing, repairing, refitting or breaking up ships or vessels;
or
Preserving or storing any article in cold storage
 DEFINITIONS

Factory does not include a mine, a mobile unit belonging to the armed forces
of the union, a railway running shed or a hotel, restaurant or eating place
The following have held to be a factory:-
Salt works
A shed for ginning and pressing of cotton
A Bidi making shed
A Railway Workshop
Composing work for Letter Press Printing
Saw Mills
Place for preparation of foodstuff and other eatables
Water works maintained by a municipality
Electricity department of municipality
 DEFINITIONS

The term “Worker” under Section 2(I) of the act means a person
employed (Directly or through any agency including a contractor), with or
without the knowledge of principal employer, whether for remuneration or
not in any manufacturing or not in manufacturing process, but does not
include any member of the armed forces of the Union
 DEFINITIONS

The term “Occupier” under Section 2(n) of the act means the person who
has ultimate control over the affairs of the factory; and

In case of a firm or other association of individuals, any one of the individual

partners or members thereof shall be deemed to be the Occupier

In case of a company, any one of the directors shall be deemed to be the

occupier

In case of a factory owned or controlled by the Central govt. or state govt. or

any local authority, the person/s appointed to manage the affairs of the factory
shall be deemed to be the occupier.
 FACTORY INSPECTORATE

As per Section 6 and Rule 3, the plans of a factory has to be

approved by Chief Inspector of Factories.

Occupier or manager of a factory has to apply for registration & get

the licence from Chief Inspector of Factories.

As per Section 6 and Rules 5 to 13, the licence so granted may be

amended, renewed, revoked or suspended in accordance with the
rules framed under the act.
 FACTORY INSPECTORATE

As per Section 9, Inspector appointed under this Act can any time
enter the factory

To carry out duties as laid down under Section 9(b) and (c);

To ensure that statutory provisions and rules framed are carried out
properly;

To launch prosecutions against factory owners under the provision of

Chapter X of the act.
 HOURS OF WORK

The main restrictive provisions of the Act about the working hours of

Adults are:

Section 51- A worker can not be employed for more than 48 hours in a week

Section 52- A holiday must be given in every week

Section 53- Compensatory holidays in case of missing of weekly holiday

Section 54- A worker can not be employed for more than 9 hours a day
 HOURS OF WORK

Section 55- A worker must be given an interval of rest of at least half an hour

after 5 hours of work

Section 56- The total period of work, inclusive of rest interval, must not be

spread over more than 10 ½ hours a day

Section 59- If a worker works for more than 9 hours a day or more than 48

hours a week, he shall be paid for overtime @ twice the regular wage
 HOURS OF WORK

In case of any exemption, under Section 64, the state government shall not
exceed the following limits of work, inclusive of over-time

The total no. of hours of work in any day shall not exceed 10

The spread over, inclusive of the interval of rest, shall not exceed 12 houra in
any day

The total no. of hours in a week, including over time shall not exceed 60

The total no. of hours of over time shall not exceed 50 in any quarter
 HOURS OF WORK

The main restrictive provisions of the Act about women & children
employment under Section 66 to 71 are:

A woman worker can not be employed except between the hours of 6 a.m. to
7. p.m.

The employment of child below 14 yrs is strictly prohibited

A child between 14 to 15 yrs of age can be employed for a maximum period

of 4 ½ hours in a day
 HOURS OF WORK….

A child can not be employed during night (From 10 p.m. to 6 a.m.)

A child worker must have fitness certificate granted by a Certifying Surgeon

A child between age of 15 to 18 yrs, having fitness certificate to perform full

days work can be employed as an adult.
 ANNUAL LEAVE WITH WAGES

The main provisions of the Act about the grant of annual leave with wages
under Section 79 are:

A worker shall be allowed in every calendar year, annual leave with wages @
1 day for every 20 days of work performed by him during the previous
calendar year

In case of child worker, annual leave with wages @ 1 day for every 15 days of
work performed
 ANNUAL LEAVE WITH WAGES

• Leave can be accumulated up to 30 days in case of an adult or 40 days in case of a

child
• The leave admissible will be exclusive of all holidays, occurring during, or at either
end of the leave period
• Wages for leave allowed shall be paid before the leave begins
• In case of a worker who is discharged or dismissed from service, quits or dies while
in service, he or his heir or nominees must be paid wages in lieu of annual leave.
• In such case, the annual leave is to be calculated at the same rate as above but
irrespective of whether the worker has worked for 240 days or not.
 OBLIGATIONS OF WORKER

Under Section 111, various obligations of a worker are:

A worker shall not interfere with or misuse any appliance or other thing provided for
the purpose of securing the health, safety or welfare of the workers.

A worker shall not willfully and without reasonable cause do anything likely to
endanger himself or others

A worker shall not willfully neglect to make use of any appliance or other thing
provided for the purpose of securing the health or safety of the workers.

On contravention of above provisions, the worker shall be punishable with

imprisonment upto 3 months, or with fine upto Rs. 100 or with both.
 OBLIGATIONS OF OCCUPIER

• Obtain government approval regarding location, plan and construction of the factory an
also licence and registration certificate for operating the factory

• Implement all provisions concerning health, safety and welfare

• Send a detailed written notice 15 days in advance to Chief Inspector before occupying any
premises as a factory.

• Comply all statutory requirements pertaining to hours of work, leave with wages, weekly
holidays and extra wages for overtime

• Display notice, maintain registers and records and submit returns as required under the Act

• Report fatal and other accidents, and occupational disease contracted by any workman, to
the government or specified authority
 ADMINISTRATIVE MACHINERY

The Factories Act, is the most comprehensive piece of labour legislation

Though it is a piece of central legislation, the responsibility for

administration of the Act rests with the State Governments who administer
it through their own factory inspectorates.

The state government appoint appropriately qualified persons as inspectors/

certifying surgeons. In addition, every district Magistrate is the inspector
for his district

Uniformity in the administration of the Act is achieved by the model rules

framed by the Directorate General of Factory Advice Service & Labour
Institutes (DGFASALI)
 OFFENCES AND PENALTIES SEC. 92 TO 106

OFFENCES PENALTIES
For contravention of the Provisions of the Act Imprisonment up to 2 years or fine up to
or Rules Rs.1,00,000 or both
On Continuation of contravention Rs.1000 per day
On contravention of Chapter IV pertaining to Not less than Rs.25000 in case of death.
safety or dangerous operations.
Subsequent contravention of some provisions Not less than Rs.5000 in case of serious
injuries.
Obstructing Inspectors Imprisonment up to 3 years or fine not less than
Rs.10,000 which may extend to Rs.2,00,000.

Wrongful disclosing result pertaining to results Imprisonment up to 6 months or fine up to

of analysis. Rs.10,000 or both.
For contravention of the provisions of Sec.41B, Imprisonment up to 7 years with fine up to
41C and 41H pertaining to compulsory Rs.2,00,000 and on continuation fine @ Rs.5,
disclosure of information by occupier, specific 000 per day.
responsibility of occupier or right of workers to   Imprisonment of 10 years when contravention
work imminent danger. continues for one year.
 SALIENT FEATURES OF ACT

• Approval of Factory Building Plans before construction/extension,

under the Delhi Factories Rules, 1950 .
• Grant of Licences under the Delhi Factories Rules, 1950, and to take
action against factories running without obtaining Licence.
• Renewal of Licences granted under the Delhi Factories Rules, 1950, by
the Dy. Chief Inspectors of Factories .
 SALIENT FEATURES OF ACT

• Inspections of factories by District Inspectors of Factories, for

investigation of complaints, serious/fatal accidents as well as suo moto
inspections to check compliance of provisions of this Act relating to :-
• Health
• Safety
• Welfare facilities
• Working hours
• Employment of young persons
• Annual Leave with wages etc.
 CASE LAWS

1. Sun-cured tobacco leaves are subjected to processes of moistening, stripping,

breaking up, adaptation, packing, and so on, with a view to transporting them to
the company's main factory for their use in manufacturing cigarettes. Does it
amount to a `manufacturing process' under the Factories Act, 1948?
• It amounts to a manufacturing process defined in Section 2 (k) of the Factories
Act, 1948
 CASE

2. Mohan meets with an accident on a public road on his way to the place of
employment. Does it amount to `employment injury' entitling him to benefits
under the Employees' State Insurance Act, 1948?

• Mohan is not entitled to benefits under the Act. The Supreme Court, in
Regional Director ESI vs Francis de Costa, held that was road accident on a
public road while the employee was on his way to the place of employment.
It cannot be said to have its origin in his employment in the factory. It
cannot be said to be caused by an accident out of and in the course of
employment.
 CONTRACT LABOUR
(REGULATION AND ABOLITION
ACT 1986 )
 INTRODUCTION

• An Act to regulate the employment of contract labour in certain

establishments and to provide for its abolition in certain circumstances
and for matters connected therewith.

• 35 sections

• 7 chapters
Applicability of the Act

 The employment of Contract Labor is prohibited under the Law where the work is of permanent

nature. But where the work is of intermittent nature the State Govt by its notification may allow

to employ the Contract Labor. 

• Every establishment employing 20 or more workers as contract labor.

• Every contractor employing 20 or more workers.

Non Applicability

It shall not apply to the establishment in which work only of an intermittent or casual nature is

performed.

What is Intermittent nature of Job

·  If the work is performed for more than 220 days in the last 12 months or

·   If the work is of seasonal nature & it is performed more than 60 days in a year then it shall not

be deemed to be intermittent nature.

 CHAPTER 1
PRELIMINARY
(Section 1 & 2)
 SECTION 1
SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION.

 It extends to the whole of India.

 It applies--

• To every establishment in which twenty or more workmen are employed

or were employed on any day of the preceding twelve months as contract

labour;

• to every contractor who employees or who employed on any day of the

preceding twelve months twenty or more workmen:

 SECTION 1
SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION.

 It shall not apply to establishments in which work only of an

intermittent or casual nature is performed.

 If a question arises whether work performed in an establishment is of

an intermittent or casual nature, the appropriate Government shall

decide that question after consultation with the Central Board or, as the

case may be, a State Board, and its decision shall be final.
 SECTION 2
DEFINITIONS

"appropriate Government" means,--

(i) in relation to an establishment in respect of which the appropriate

Government under the Industrial Disputes Act, 1947 (14 of 1947), is the
Central Government.

(ii) in relation to any other establishment, the Government of the State in

which that other establishment is situated.
 SECTION 2
DEFINITIONS

"contractor", in relation to an establishment, means a person who

undertakes to produce a given result for the establishment, other than a
mere supply of goods or articles of manufacture to such establishment,
through contract labour or who supplies contract labour for any work of the
establishment and includes a sub-contractor.
 SECTION 2
DEFINITIONS

"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, but does not include any such
person.
 SECTION 2
DEFINITIONS

 "controlled industry" means any industry the control of which by the

Union has been declared by any Central Act to be expedient in the
public interest.

 "establishment" means--

• any office or department of the Government or a local authority, or

• any place where any industry, trade, business, manufacture or

occupation is carried on.
 SECTION 2
DEFINITIONS

 "principal employer" means--

• in relation to any office or department of the Government or a local

authority, the head of that office or department or such other officer as
the Government or the local authority, as the case may be, may specify in
this behalf,

• In a factory, the owner or occupier of the factory and where a person has
been named as the manager of the factory under the Factories Act, 1948
(63 of 1948) the person so named,
 CHAPTER II
THE ADVISORY BOARDS
( Sections 3-5 )
 SECTION 3
CENTRAL ADVISORY BOARD

The Central Board shall consist of--

• a Chairman to be appointed by the Central Government;

• the Chief Labour Commissioner (Central), ex-officio;

• such number of members, not exceeding seventeen but not less than
eleven, as the Central Government may nominate to represent that
Government, the Railways, the coal industry, the mining industry, the
contractors, the workmen and any other interests which, the opinion of
the Central Government, ought to be represented on the Central Board.
 SECTION 4
STATE ADVISORY BOARD

The State Board shall consist of--

• a Chairman to be appointed by the State Government;

• the Labour Commissioner, ex-officio, or in his absence any other officer

nominated by the State Government in that behalf;

• such number of members, not exceeding eleven but not less than nine, as
the State Government may nominate to represent that Government, the
industry, the contractors, the workmen and any other interests which, in the
opinion of the State Government, ought to be represented on the State
Board.
 SECTION 5
POWER TO CONSTITUTE COMMITTEES

(1) The Central Board or the State Board, as the case may be, may constitute
such committees and for such purpose or purposes as it may think fit.

(2) The committee constituted shall meet at such times and places and shall
observe such rules of procedure in regard to the transaction of business at its
meetings as may be prescribed.

(3) The members of a committee shall be paid such fees and allowances for
attending its meetings as may be prescribed:
 CHAPTER III
REGISTRATION OF
ESTABLISHMENTS EMPLOYING
CONTRACT LABOUR
( Section 6 – 11 )
 SECTION 6
APPOINTMENT OF REGISTERING OFFICERS

• appoint such persons, being Gazetted Officers of Government, as it

thinks fit to be registering officers for the purposes of this Chapter; and

• define the limits, within which a registering officer shall exercise the
powers conferred on him by or under this Act.
 SECTION 7
REGISTRATION OF CERTAIN ESTABLISHMENTS

• Every principal employer of an establishment to which this Act applies

shall, within such period as the appropriate Government may, by
notification in the Official Gazette, make an application to the
registering officer in the prescribed manner for registration of the
establishment.

• If the application for registration is complete in all respects, the

registering officer shall register the establishment and issue to the
principal employer of the establishment a certificate of registration
containing such particulars as may be prescribed.
 SECTION 8
REVOCATION OF REGISTRATION IN CERTAIN CASES

If the registering officer is satisfied, either on a reference made to him in

this behalf or otherwise, that the registration of any establishment has been
obtained by misrepresentation 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 9
EFFECT OF NON-REGISTRATION.-

No principal employer of an establishment, to which

this Act applies, shall--

(a) in the case of an establishment required to be registered under section 7,

but which has not been registered within the time fixed for the purpose

under that section,

(b) in the case of an establishment the registration in respect of which has

been revoked under section 8, employ contract labour in the establishment

after the expiry of the period.

 SECTION 10
PROHIBITION OF EMPLOYMENT OF CONTRACT LABOUR

 Notwithstanding anything contained in this Act, the appropriate Government

may, after consultation with the Central Board or, as the case may be, a State

Board, prohibit, by notification in the Official Gazette, employment of contract

labour in any process, operation or other work in any establishment.

 Government shall have regard to the conditions of work and benefits provided

for the contract labour in that establishment and other relevant factors, such as--

(a) whether the process, operation or other work is incidental to, or necessary for the

industry, trade, business, manufacture or occupation that is carried on in the

establishment.
 SECTION 10
PROHIBITION OF EMPLOYMENT OF CONTRACT LABOUR

b) whether it is of perennial nature, that is to say, it is of sufficient duration

having regard to the nature of industry, trade, business, manufacture or

occupation carried on in that establishment;

(c) whether it is done ordinarily through regular workmen in that

establishment or an establishment similar thereto;

(d) whether it is sufficient to employ considerable number of whole-time

workmen.
 CHAPTER IV
LICENSING OF CONTRACTORS
Section
11 - 15
 SECTION 11
APPOINTMENT OF LICENSING OFFICERS

The appropriate Government may, by an order notified in the Official

Gazette,--

(a) appoint such persons, being Gazetted Officers of Government, as it

thinks fit to be licensing officers for the purposes of this Chapter; and

(b) define the limits, within which a licensing officer shall exercise the

powers conferred on licensing officers by or under this Act.

 SECTION 12
LICENSING OF CONTRACTORS

With effect from such date as the appropriate Government may, by

notification in the Official Gazette, appoint, no contractor to whom this Act
applies, shall undertake or execute any work through contract labour except
under and in accordance with a licence issued in that behalf by the
licensing officer.
 SECTION 13
GRANT OF LICENCES

Every application for the grant of a licence shall be made in the prescribed form

and shall contain the particulars regarding the location of the establishment, the

nature of process, operation or work for which contract labour is to be employed

and such other particulars as may be prescribed.

(2) The licensing officer may make such investigation in respect of the application

received

(3) A licence granted under this Chapter shall be valid for the period specified

therein and may be renewed from time to time for such period and on payment of

such fees and on such conditions as may be prescribed.

 SECTION 14
REVOCATION, SUSPENSION AND AMENDMENT OF LICENCES

 If the licensing officer is satisfied, either on a reference made to him in

this behalf or otherwise, that--

• a licence granted under section 12 has been obtained by

misrepresentation or suppression of any material fact.

 Subject to any rules that may be made in this behalf, the licensing
officer may vary or amend a licence granted under section 12.
 SECTION 15
APPEAL

 Any person aggrieved by an order made under section 7, section

8,section 12 or section 14 may, within thirty days from the date on which
the order is communicated to him, prefer an appeal to an appellate
officer who shall be a person nominated in this behalf by the appropriate
Government.

 On receipt of an appeal under sub-section (1), the appellate officer shall,

after giving the appellant an opportunity of being heard dispose of the
appeal as expeditiously as possible.
 CHAPTER V
WELFARE AND HEALTH OF
CONTRACT LABOUR
Section 16 - 21
 SECTION 16
CANTEENS

The appropriate Government may make rules requiring that in every

establishment--

(a) to which this Act applies,

(b) wherein work requiring employment of contract labour is likely to

continue for such period as may be prescribed, and

(c) wherein contract labour numbering one hundred or more is ordinarily

employed by a contractor, one or more canteens shall be provided and
maintained by the contractor for the use of such contract labour.
 SECTION 17
REST ROOMS

1. In every place wherein contract labour is required to halt at night in connection

with the work of an establishment--

(a) to which this Act applies, and

(b) in which work requiring employment of contract labour is likely to continue for
such period as may be prescribed, there shall be provided and maintained by the
contractor for the use of the contract labour such number of rest-rooms

2. The rest rooms or the alternative accommodation to be provided under subsection

(1) shall be sufficiently lighted and ventilated and shall be maintained in a clean and

comfortable condition.
 SECTION 18
OTHER FACILITIES

 It shall be the duty of every contractor employing contract labour in connection

with the work of an establishment to which this Act applies, to provide and
maintain--

• a sufficient supply of wholesome drinking water for the contract labour at

convenient places;

• a sufficient number of latrines and urinals of the prescribed types so situated as

to be convenient and accessible to the contract labour in the establishment; and

• washing facilities.
 SECTION 19
FIRST AID FACILITIES

There shall be provided and maintained by the contractor so as to be readily

accessible during all working hours a first-aid box equipped with the
prescribed contents at every place where contract labour is employed by
him.
 SECTION 20
LIABILITY OF PRINCIPAL EMPLOYER IN CERTAIN CASES

 If any amenity required to be provided under section 16, section 17, section 18

or section 19 for the benefit of the contract labour employed in an establishment

is not provided by the contractor within the time prescribed thereof, such

amenity shall be provided by the principal employer within such time as may be

prescribed.

 All expenses incurred by the principal employer in providing the amenity may

be recovered by the principal employer from the contractor either by deduction

from any amount payable to the contractor under any contract or as a debt

payable by the contractor.

 SECTION 21
RESPONSIBILITY FOR PAYMENT OF WAGES

 A contractor shall be responsible for payment of wages to each worker

employed by him as contract labour and such wages shall be paid before
the expiry of such period as may be prescribed.

 It shall be the duty of the contractor to ensure the disbursement of

wages in the presence of the authorized representative of the principal
employer.
 CHAPTER VI
PENALTIES AND PROCEDURE
Section 22 - 27
 SECTION 22
OBSTRUCTIONS

Whoever obstructs an inspector in the discharge of his duties under this Act

or refuses or willfully neglects to afford the inspector any reasonable

facility for making any inspection, examination, inquiry or investigation

authorized by or under this Act in relation to an establishment to which, or

a contractor to whom, this Act applies, shall be punishable with

imprisonment for a term which may extend to three months, or with fine

which may extend to five hundred rupees, or with both.

 SECTION 23
CONTRAVENTION OF PROVISIONS REGARDING EMPLOYMENT OF CONTRACT LABOUR

Whoever contravenes any provision of this Act or of any rules made

thereunder prohibiting, restricting or regulating the employment of contract

labour, or contravenes any condition of a licence granted under this Act, shall

be punishable with imprisonment for a term which may extend to three

months, or with fine which may extend to one thousand rupees, or with both,

and in the case of a continuing contravention with an additional fine which

may extend to one hundred rupees for every day during which such

contravention continues after conviction for the first such contravention.

 SECTION 24
OTHER OFFENCES

If any person contravenes any of the provisions of this Act or

of any rules made thereunder 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 one thousand
rupees, or with both.
 SECTION 25
OFFENCES 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 the commission of the offence shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly.

Provided that nothing contained in this sub-section shall render any such person

liable to any punishment if he proves that the offence was committed without his

knowledge or that he exercised all due diligence to prevent the commission of such

offence.
 SECTION 26
COGNIZANCE OF OFFENCES

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 PROSECUTIONS

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. Provided that where the offence consists of disobeying a written
order made by an inspector, complaint thereof may be made within six
months of the date on which the offence is alleged to have been committed.
 CHAPTER VII
MISCELLANEOUS
Section 28 - 35
SECTION 28 - INSPECTING STAFF

SECTION 29 - REGISTERS AND OTHER RECORDS TO BE MAINTAINED

SECTION 30 - EFFECT OF LAWS AND AGREEMENTS INCONSISTENT

WITH THIS ACT

SECTION 31 - POWER TO EXEMPT IN SPECIAL CASES

SECTION 32 - PROTECTION OF ACTION TAKEN UNDER THIS ACT

SECTION 33 - POWER TO GIVE DIRECTIONS

SECTION 34 - POWER TO REMOVE DIFFICULTIES

SECTION 35 - POWER TO MAKE RULES

 THE CHILD LABOUR
(PROHIBITION AND REGULATION)
ACT, 1986