Labour License Requirment - Inspector Of Factories
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Labour License Requirment - Inspector Of Factories

tusar_sarkar Started The Discussion:

On behalf of my employer, I am going to execute a project at Rajasthan in EPC nature. Considering the nature of construction activities, we have to engage three sub-contractors in different field to execute the site construction works. And the total estimated construction labour requirement for this works shall be limited to 50, and the duration of site works is 4 months i.e 120 days.

My client, as a principal employer has obtained a registration certificate for 50 labours against my company's name (as a Contractor) from the office of registration officer as per the contract labour Act. 1970.

Now, the number of labours for each of my sub-contractors to be deployed at site shall be less than 20 and the duration of work is less 120 days. So this Act shall not be applicable to my sub-contractors and they do not intend to obtain any labour license.

In this context, my client is insisting me to make application in my company's name to get a labour license, but my company does not handle labour directly.

Kindly advice me, what are the procedures to overcome the above situation.

Best regards,

T. Sarkar
Mumbai

Amatya007 - Member Since: Jan 2008
Dear Tusar,

As a Principle employer your client has taken the Labour License and showing you as a Contractor, who will provide 50 employees to complete the work.
Since you are providing the manpower to your client and the number is more than 20, so you have to take the Labour License.

You have to fill FORM No IV, under The Contract Labour ( R & A) Act, 1970 and submit it to Labour Department along with the prescribed fee & copy of the Labour License of your principle employer.

You have hired 3 Contrator to provide the manpower. For these Contractors you are the PRINCIPLE EMPLOYER. After getting the Labour License you can ask these Sub-Contrtators to take the Labour License.

AMATYA

anirudh100 - Member Since: May 2007
Quote:
Originally Posted by Amatya007 View Post
Dear Tusar,

"As a Principle employer your client has taken the Labour License" "copy of the Labour License of your principle employer"
AMATYA
To add, Principal employer has not taken contract labour lisence, he has registered under the CLAct and got registration certificate so that he can engage contractor.

Now you (Tushar) are the contractor and your client is principal employer.
You need to obtain contract labour lisence now.

1. Form V from principal employer
2. Application for lisence in Form IV in 3 copy.
3. copy of registration certificate of principal employer in Form II.

In CLA only Principal employer and Contractors are there. nuthing to do with sub- contractor. So you will have to obtain lisence from lisencing authority. State or Central.

Please correct me if am wrong.

regards,'
Anirudh..

msutar1 - Member Since: Jul 2008
Dear Sir
My case resembles with MR T SARKAR.I I am going to execute a project at ORISSA in EPC nature. Considering the nature of construction activities, we have to engage four sub-contractors in different field to execute the site construction works.And the total estimated construction labour requirement for this works shall be limited to 150, and the duration of site works is 6 months i.e 240 days.
Here i have taken the labour lisence in my name.But i have the problem that as my company is a project office of a forgien company having 09 nos employees,so we donot have our independent PF code.But in the site our subcontractor has their indipendent PF code and they are depositing

msutar1 - Member Since: Jul 2008
Dear Sir
My case resembles with MR T SARKAR.I I am going to execute a project at ORISSA in EPC nature. Considering the nature of construction activities, we have to engage four sub-contractors in different field to execute the site construction works.And the total estimated construction labour requirement for this works shall be limited to 150, and the duration of site works is 6 months i.e 240 days.
Here i have taken the labour lisence in my name.But i have the problem that as my company is a project office of a forgien company having 09 nos employees,so we donot have our independent PF code.But in the site our subcontractor has their indipendent PF code and they are depositing returns regularly.Now my question is that wheather i have to

RamanPreet - Member Since: Mar 2007
hi, this is ramanpreet.could you plz. let me know where to apply for labour license pertaining to gurgaon project. we have started our project in gurgaon for that we need labour license for 100 labours. how much we have to pay for license fees and other fees. also would like to know where to submit the documents to obtain labour license.

regards,

Ramanpreet

sudheer_12317 - Member Since: Jul 2010
Quote:
Originally Posted by anirudh100 View Post
To add, Principal employer has not taken contract labour lisence, he has registered under the CLAct and got registration certificate so that he can engage contractor.

Now you (Tushar) are the contractor and your client is principal employer.
You need to obtain contract labour lisence now.

1. Form V from principal employer
2. Application for lisence in Form IV in 3 copy.
3. copy of registration certificate of principal employer in Form II.

In CLA only Principal employer and Contractors are there. nuthing to do with sub- contractor. So you will have to obtain lisence from lisencing authority. State or Central.

Please correct me if am wrong.

regards,'
Anirudh..
Dear all ,
Anirudhu view is a correct procudure taking Licence &Registration certificate under CL(R&A)Act 1970

Regards
Sudheer Kumar

one query from me to all that ,Under CL(R&A)Act Registration Certificate renewal every year is mandatory or not ?I think as a principal employer once you will get RC ,if any changes need in RC ,you will take a amendment in RC i am right or not ?

R.N.Khola - Member Since: Feb 2009
Dear Member,

You are right in saying that we need to give intimation to the Registering Officer of the area when ever there is a change in the particulars of R C under the C L ACt & Rules. If there is an increase in number of contract workers & we are required to deposit the additional fees then we are also to deposit the fees. Submit the original R C to the R O for amendment.We do not find any provision in the Act for any renewal in R C.

Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
http://www.indiamart.com/skylarkassociates/
(M) 09810405361

R.N.Khola - Member Since: Feb 2009
Dear Member,

By getting it renewed from the Chief Inspector of Factories or from any officer authorized in this behalf of your State. Apply for renewal as per the procedure laid down in your applicable State Factory Rules. In this Act we do call this licence as factory licence & not labour licence.

Quote:
Originally Posted by sawan.pu View Post
how to extend labour license under factories act,1948

niceranveer - Member Since: Sep 2011
Dear All,

I also face the similar situation here as my co. engaged in construction work and get contract of external development work from our client. But we gave sub-contract to three more contractors.I just want to know if manpower of our Sub-Contractor exceed from 20 Nos. then our Sub-Contractor have to take Labor License or not and if yes then who will be the Principal employer for our Sub-Contractor, our client or our Co.

Please advice me,

Best Regards

Rajiv Sharma

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