R.N.Khola
Labour Laws & Ir
+1 Other

Dear all, pls. tell me that how can we hire a contractor. What is the procedure. Which forms & docs are required for this. Regards Rahul
22nd March 2009 From France, Paris
Dear All No one has time . requested pls. tell me some thing about contract registration & documentation (Filing) Regards Rahul
25th March 2009 From France, Paris
Dear Rahul,

For hiring a contractor u need to first register ur comp under contract labour act.

then only u can hire a contractor. so u would be called a principal employer and application of registration should be given through form 1 & issue a form 5 to contractor for thier registration.

Pls see below the list of forms used in contract labour act.

LIST OF FORMS USED UNDER THE CLRA ACT

Sl.No.
NAME OF FORMS
FORMS USED FOR
1
Form – I

Application for registration of establish- ments employing contract labour, to be submitted by Principal Employer.
2
Form – II
Certificate of Registration
3
Form – III
Register of Establishment
4
Form – IV
Application for Licence
5
Form – V
Form of certificate by Principal Employer
6
Form – VA
Application for adjustment of Security Deposit.
7
Form – VI
Licence
8
Form – VIA
Notice of commencement/completion of contract work – to be submitted by the contractor.
9
Form – VIB
Notice of commencement/completion of contract work – to be submitted by the Principal Employer.
10
Form – VII
Application for renewal of licence
11
Form – VIII
Application for temporary registration of establishment employing contract labour – to be submitted by Principal Employer.
12
Form – IX
Temporary certificate of registration to be issued by Registering Officer
13
Form – X
Application for temporary licence – to be submitted by the contractor.
14
Form – XI
Temporary licence – to be issued by the Licensing Officer.
15
Form – XII

16
Form – XIII
Register of Workmen Employed by the Contractor.
17
Form – XIV
Employment Card – to be given by the Contractor.
18
Form – XV
Service Certificate
19
Form – XVI
Muster Roll
20
Form – XVII
Register of wages
21
Form – XVIII
Form of Register of Wages-cum-Muster Roll
22
Form – XIX
Wage Slip
23
Form – XX
Register of deduction for damage or loss
24
Form – XXI
Register of Fines
25
Form – XXII
Register of Advance
26
Form – XXIII
Register of overtime
27
Form – XXIV
Half year return to be submitted by the Contractor to the Licensing Officer
28
Form – XXV
Annual Return to be submitted by the Principal Employer to the Registering Officer.





26th March 2009 From India, New Delhi
Dear,

Here is the overview of CL Act,1970

Applicability
• Every establishment in which 20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour.
• Every contractor who employs or who employed on any day of the preceding twelve months 20 or more workmen.

Registration of Establishment
Principal employer employing 20 or more workers through the contractor or the contractor(s) on deposit of required fee in Form 1

Licensing of Contractor
• Engaging 20 or more than 20 workers and on deposit of required fee in Form IV.
• Valid for specified period.Sec.12, Rule 21

Revocation of Registration
When obtained by
Misrepresentation or suppression
Of material facts etc. after opportunity to the principal
employer Sec. 9

Prohibition of Employment of Contract Labour
Only by the appropriate Government through issue of notification after consultation with the Board (and not Courts) can order the prohibition of employment of contract labour. Sec. 10
Welfare measures to be taken by the Contractor
• Contract labour either one hundred or more employed by a contractor for one or more canteens shall be provided and maintained.
• First Aid facilities.
• Number of rest-rooms as required under the Act.
• Drinking water, latrines and washing facilities. Sec. 16 & 17
Revocation or Suspension & Amendment of Licences
• When obtained by misrepresentation or suppression of material facts.
• Failure of the contractor to comply with the conditions or contravention of Act or the Rules. Sec. 14

Liability of Principal Employer
• To ensure provision for canteen, restrooms, sufficient supply of drinking water, latrines and urinals, washing facilities.
• Principal employer entitled to recover from the contractor for providing such amenities or to make deductions from amount payable. Sec. 20

Laws, Agreement or standing orders inconsistent with the Act-Not Permissible
Unless the privileges in the contract between the parties or more favourable than the prescribed in the Act, such contract will be invalid and the workers will continue to get more favourable benefits.
Muster Roll, Wages Register, Deduction Register and Overtime Register by Contractor
• Every contractor shall
• Maintain Muster Roll and a Register of Wages in Form XVI and Form XVII respectively when combined.
• Register or wage-cum-Muster Roll in Form XVII where the wage period is a fortnight or less.
• Maintain a Register of Deductions for damage or loss, Register or Fines and Register of Avances in Form XX, from XXI and Form XXII respectively.
• Maintain a Register of Overtime in Form XXIII.
• To issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages.
• Obtain the signature or thumb impression of the worker concerned against the entries relating to him on the Register of wages or Muster Roll-Cum-Wages Register.
• When covered by Payment of Wages Act, register and records to be maintained under the rules
• Muster Roll, Register of wages, Register of Deductions, Register of Overtime, Register of Fines, Register of Advances, Wage slip. Rule 79
• To display an abstract of the act and Rules in English and Hindi and in the language spoken by the Majority of workers in such forms as may be approved by appropriate authority Rule 80
• To display notices showing rates of wages, hours of work, wage period, dates of payment, names and addresses of the inspector and to send copy to the inspector and any change forwithwith Rule 81
Registers of Contractors
• Principal employer
• To maintain a register of contractor in respect of every establishment in Form XII.
• Contractor Rule 74
• To maintain register of workers for each registered establishment in Form XIII.
• To issue an employment card to each worker in Form XIV.
• To issue service certificate to every workman on his termination in Form XV. Rules 75, 76 and 77
PENALTIES
Sec. Offence Punishment
Sec. 22 Obstructions For obstructing the inspector or failing to produce registers etc.
- 3 months’ imprisonment or fine upto Rs.500, or both.
Sec.23 Violation For violation of the provisions of Act or the Rules, imprisonment of 3
Months or fine upto Rs.1000. On continuing contravention, additional fine upto Rs.100 per day

Regards
Vipin:icon1::icon1:
26th March 2009 From India, New Delhi
Dear Rahul,
Mr. Vipin have given the details for engaging a contractor under the Central Contract Labour (R&A) Act,1970 & Rules of 1971 but be careful in applying these rules because if the Govt.of Haryana happened to be the appropriate Govt. in your case then please go through the Haryana Contract Labour (R&A) Rules.1975 & then proceed further in the matter.
Regards,
R.N.Khola
Sr.Associate
Skylark Associates, Gurgaon
09810405361
26th March 2009 From India, Delhi
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