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    DEFINITIONS. - (1) in This Act, Unless The Context Otherwise Requires, - (A)

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    pandit_sandeep84
    This document defines key terms used in the Contract Labour (Regulation and Abolition) Act of 1970. It defines "appropriate government", "contract labour", "contractor", "controlled industry", "establishment", and others. It also outlines factors the appropriate government must consider before prohibiting the use of contract labor in any process or operation of an establishment. These factors include whether the work is incidental or necessary to the business, is of a perennial nature, is ordinarily done by regular workers, and is sufficient to employ whole-time workers.

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    DEFINITIONS. - (1) in This Act, Unless The Context Otherwise Requires, - (A)

    Uploaded by

    pandit_sandeep84
    35 views3 pages
    This document defines key terms used in the Contract Labour (Regulation and Abolition) Act of 1970. It defines "appropriate government", "contract labour", "contractor", "controlled industry", "establishment", and others. It also outlines factors the appropriate government must consider before prohibiting the use of contract labor in any process or operation of an establishment. These factors include whether the work is incidental or necessary to the business, is of a perennial nature, is ordinarily done by regular workers, and is sufficient to employ whole-time workers.

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    This document defines key terms used in the Contract Labour (Regulation and Abolition) Act of 1970. It defines "appropriate government", "contract labour", "contractor", "controlled industry", "establishment", and others. It also outlines factors the appropriate government must consider before prohibiting the use of contract labor in any process or operation of an establishment. These factors include whether the work is incidental or necessary to the business, is of a perennial nature, is ordinarily done by regular workers, and is sufficient to employ whole-time workers.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views3 pages

    DEFINITIONS. - (1) in This Act, Unless The Context Otherwise Requires, - (A)

    Uploaded by

    pandit_sandeep84
    This document defines key terms used in the Contract Labour (Regulation and Abolition) Act of 1970. It defines "appropriate government", "contract labour", "contractor", "controlled industry", "establishment", and others. It also outlines factors the appropriate government must consider before prohibiting the use of contract labor in any process or operation of an establishment. These factors include whether the work is incidental or necessary to the business, is of a perennial nature, is ordinarily done by regular workers, and is sufficient to employ whole-time workers.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    2. DEFINITIONS.

    - (1) In this Act, unless the context otherwise requires, - (a)


    "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, the Central Government; (ii) in relation to any other establishment,
    the Government of the State in which that other establishment is situated;

    (b) a workman shall be deemed to be employed as "contract labour" in or in connection with


    the work of an establishment when he is hired in or in connection with such work by or
    through a contractor, with or without the knowledge of the principal employer;

    (c) "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;

    (d) "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;

    (e) "establishment" means - (i) any office or department of the Government or a local
    authority, or

    (ii) any place where any industry, trade, business, manufacture or occupation is carried on;

    (f) "prescribed" means prescribed by rules made under this Act;

    (g) "principal employer" means - (i) 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,

    (ii) 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,

    (iii) in a mine, the owner or agent of the mine and where a person has been named as the
    manager of the mine, the person so named,

    (iv) in any other establishment, any person responsible for the supervision and control of
    the establishment.

    Explanation : For the purpose of sub-clause (iii) of this clause, the expressions "mine",
    "owner" and "agent" shall have the meanings respectively assigned to them in clause (j),
    clause (l) and clause (c) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);

    (h) "wages" shall have the meaning assigned to it in clause (vi) of section 2 of the Payment
    of Wages Act, 1936 (4 of 1936);

    (i) "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 - (A) who is employed mainly in a managerial or
    administrative capacity; or
    (B) 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; or

    (C) who is an out-worker, that is to say, a person to whom any articles and materials are
    given out by or on behalf of the principal employer to be made up, cleaned, washed,
    altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the
    purposes of the trade or business of the principal employer and the process is to be carried
    out either in the home of the out-worker or in some other premises, not being premises
    under the control and management of the principal employer.

    (2) Any reference in this Act to a law which is not in force in the State of Jammu and
    Kashmir shall, in relation to that State, be construed as a reference to the corresponding
    law, if any, in force in that State.

    10. PROHIBITION OF EMPLOYMENT OF CONTRACT LABOUR. - (1) 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.

    (2) Before issuing any notification under sub-section (1) in relation to an establishment, the
    appropriate 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;

    (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.

    Explanation : If a question arises whether any process or operation or other work is of


    perennial nature, the decision of the appropriate Government thereon shall be final.

    10. PROHIBITION OF EMPLOYMENT OF CONTRACT LABOUR. - (1) 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.

    (2) Before issuing any notification under sub-section (1) in relation to an establishment, the
    appropriate 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;

    (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.

    Explanation : If a question arises whether any process or operation or other work is of


    perennial nature, the decision of the appropriate Government thereon shall be final.

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