Industrial Relations
Pragnaa HR Compliance Services
Pragnaa Shree Venture India Pvt. Ltd
Working As Assistant General Manager (personnel)
Korgaonkar K A
+1 Other

Dear All,
Our company is based in kolkata and we are going to start work as contractors in Tamilnadu in principal employer's site.We do not have any ofice in Tamilnadu.Now to obtain contactor's licence do we have to apply for a licence in Tamilnadu or Kolkata.
Kindly inform me about this would be very helpful.
Thanks & Regards,
Subharthi Mitra
14th June 2013 From India, Kolkata
Dear Mitra
Hope you received the work order from your Principal Employer. You can form your team in that location. Collect the copy of Work Order, Form II (Certificate of Registration for Establishment) & a Form V (Certificate from Principal Employer) and apply for Licence. Fill the Form IV (Application for licence under Contract Labour Act), attach WO Copy, Form II, Form V, Pay the Licence Fee Challan & Labour Security Deposit Challan from the designated branch of your district in which the work is to get commenced, attach the original and submit all the documents to ALC's Office of your work place district. You will get the Licence.
Further do not forget to obtain the licence under Inter state migrant workmen act.
14th June 2013 From India, Kumbakonam
Dear Sir,
Thanks for the suggestion......however as you said to submit documents to ALC's Office of your work place district.Now ' work place district' means kolkata or per my query
Subharthi Mitra
14th June 2013 From India, Kolkata
Dear Subharthi ji,
Work place is where you are executing the contract work.
If you are executing the contract work with the help of 20 and more employees, you need to obtain the licence under Contract Labour Act and comply provisions under it and other applicable labour laws. Each work place where you employ 20 and more persons, you need to obtain separate licence.
You have not mentioned the nature of your contract work. If it is construction or in the construction site, BOCW Act is applicable to you. Under this Act, you need to obtain Registration if you employ 10 and more persons. You need to contribute towards Cess under this Act if PE ask you to contribute.
As stated by BOSS, Interstate Migrant Workmen Act is applicable to you under certain circumstances. To know the details on it, please research on this site. There are ample postings including of BOSS as well of mine. If you do not find, let it know.
14th June 2013 From India, Mumbai
Dear Mr.Keshav, Thanks for your suggestion.If the number of workers employed are under 20.....then in that do we have to do the compliances?? Regards, Subharthi Mitra
14th June 2013 From India, Kolkata
Your Kolkata office will be covered under Shops and Establishment Act under which you must obtain a certificate of registration as it is your registered office. You will have to take licence for the work at Tamil Nadu where you have planned to take the work.
If you planned to engage more than 20 workmen in any day during your tenure of work, then you must obtain the labour licence. But for ISMW Licence, it is 10 or above workmen. If you got awarded with the contract, then obviously the PE might have added your name in the application itself, with no of workmen. Hence you must take the licence as per the advice of your PE.
14th June 2013 From India, Kumbakonam
If you are looking for any support in obtaining the license under the CLRA Act, we will provide our professional support. We would request you to go through our pamphlets attached herewith and revert for support if required.
14th June 2013 From India, Chennai

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Dear Boss,

The applicability of ISMW Act is five employees or more and not ten as mentioned by you.

And also, the ISMW Act is an intricate act, wherein you have to take license at the place of recruitment by getting the Form V from the employer of the establishment where the work is going to commence and obtain license under ISMW act at the place of work by getting Form VI from the same employer.

Besides, you have to give displacement allowances (50% of the CL's monthly wages), inward/outward journey allowances and wages from the date of recruitment. Likewise so many things are there. As suggested by some of our senior members, let him understand the Act correctly and then go for the applicable licenses.

In a nutshell, let him take the license under CLRA Act first as per your suggestion, if the labour strength is 20 or more. The license has to be taken in Tamil Nadu for this case but the applicability of the Act, whether Central or State, depends upon the Establishment. The license has to be then taken appropriately. As regards to getting license under ISMW Act, let him discuss with the Principal Employer and come to a conclusion not before fully going through the act.

Hope this will clear some of the doubts. Still if any one of you have doubts, kindly contact me on +91 954 333 3044.

With Regards,

P. Vathiraj

Associate Operations Manager

Aparajitha Corporate Services Limited
16th June 2013 From India
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