Dear Mr. Bhaskar
In your post you are referring to Form V and Form II and Form I and Form IV. What are the Rules under which these Forms have been prescribed. If possible please upload those Forms referred to in your post. I need this information to better appreciate the concepts expounded by you. Also please enlighten all as to whether if the contractor is not the owner of the premises in which he is engaging sub contractors, the sub contractor need not take out a license even though he is engaging more than twenty workers. If it be so, what could be the defence that the Principal employer and the Contractor can take in case they are prosecuted for violating the provisions of the Contract Labour Act and the Rules framed thereunder.
With regards

From India, Madras
Dear Mr. Harikrishnan

Thanks for your valuable comments and feedback on my reply. In this thread we are discussing about only Contract Labour Act and none other than that.

You can have the Form I and Form IV from that Act. Form II is certificate of Registration of Establishment, which is being issued by the Labour commissioner Office. Form V is the Certificate from Principal Employer, which will be issued by the Principal Employer in their office letter head, which will contain "We __________ (Company name & Registered Address of PE) are engaging ___________ (Contractor Name & Registered Address) to deploy contract labourers to carry out the construction activities in our premises _________ (Project Name as registered in Form II) with effect from ______ " or similar to that.

The Licence part the contractor's name got registered, while obtaining the Certificate of Registration of Establishment can only obtain the license with that Form II or Form I (copy) others cannot obtain the license. contractor cannot issue the Form V to subcontractors. The Contractor concerned only will have to obtain a consolidated license on behalf of the subcontractors working under him. (At present 90 subcontractors are working under our contractor license at Surat and in Hyderabad under us 324 subcontractors (in various period) were worked under us in single license of 3000 workmen).

The contractor is responsible for maintaining all the statutory records for all the subcontractors (Pay Sheet, Muster role, OT Register, Nil Registers, Wages Register, Register of workmen, Employment Card, Medical Examination Report and other relevant doccuments such as PF, Workmen Compensation Policy, etc.)

Further more Mr. Harikrishnan, I am working in Construction Industries since last 6 years and from the very beginning to till Apr 2010, One Joint Commissioner of Labour was my guide and wherever I am facing any problem and I need guidance I used to seek help only from him. Whatever I have written in https://www.citehr.com/344521-buildi...lrker-law.html thread, I learnt from him only as I am partial reader and I never read anything fully.

From India, Kumbakonam
Dear Mr.Bhaskar

I have gone through the provisions of the Contract Labour (Regulation and Abolition) Act 1970. I think that this is the only law which regulates the engagement of contract labour in establishments in India. This Act does not contain any Forms as indicated by you. If you could enlighten me as to where from in the Contract Labour Act you got information about the Forms I would be much obliged. For your kind information any Labour law cannot be implemented without reference to the Rules framed under that law. Any attempt to find solutions to any practical problems without reference to the Rules framed by the Government under those labour laws may lead to complications and problems. You might have engaged any number of contractors and sub contractors under a single license. The issue is not whether you have engaged or not but the issue is whether it is legal and is in accordance with the Contract Labour (Regulation and Abolition) Act 1970 and the Rules framed thereunder. Just because that a particular practice is being followed, does not make it legal and valid.

With regards

From India, Madras
Dear Sir
No act will have the form details. The Rules are made in exercise of the power conferred in the concerned act. The Rules only will have all the forms and formats. Hence you can check the Contract Labour (Central) Rules, 1971, and Contract Labour Act, 1970, which I have attached herewith for your ready reference. You can get all the form details in Rules and not in Act.
Discussion will throw the light whereas arguements will only create fire and hot climate instead of light on the issue.
Thanks for your valuable comments and feedback Mr. Harikrishnan

From India, Kumbakonam

Attached Files
File Type: doc Contract Labour (Regln & Abolition) Central Rules 1971.doc (221.5 KB, 682 views)
File Type: doc CONTRACT LABOUR ACT 1970.doc (100.5 KB, 526 views)

Dear Mr.Bhaskar

I have a hard copy of the CLRA Act and the Contract Labour (Central Rules). If you read my last but one post you will see that I was referring to the Contract Labour (Central Rules). All my posts are made after going through the hard copy of the provisions of the law and after satisfying myself that whatever I post is not contrary to the Acts and the Rules framed. In case my posts are faulty I do not flinch from accpting my mistake/faults. Anyhow thanks for uploading the CLRA Act and the Central Rules. May be they will be of use to others who go through this site. I feel that I am "discussing" and not "arguing". If the expression of contrary views in the posts in the thread and the seeking of clarification on the matters expressed in the posts are regarded as "arguing" I cannot just help it. If my posting is wrong either factually or legally then I request you to please indicate them, based on legal provisions and on cases decided by the Honourable High Courts and Honourable Supreme Court. I am prepared to acknowledge them.

With regards

From India, Madras
Dear Mr. Harikrishnan

Majority of our people are not interested to learn any language because of its Grammer. As like Grammer in any language, The Acts and Rules are threatening everybody, because it will give all the sections and Rules for refraining to do an act and in that same Act there will be one more section as General exemptions (Please refer Section 76 to 106 of IPC), If one can fix his crime within the said provisions to get exemption then his crime will get justified and he will escape from the punishment.

All the state is having their own act and rules. If you see J&K then the entire scenario will completely change. All over India you will follow Indian Penal Code (IPC), whereas for J&K it is Ranbir Penal Code (RPC). Eventhough the acts and its section numbers are similar to each other, Special provision has been given in our Constitution of India.

In some places some acts are available and in some places it is not applicable. Hope this much confusion is available only in India and no other country will have this much complication in their culture, Politics and even our Laws.

I have replied in my above posts, based on what I have done for obtaining the Registration of Establishment and Contract Labour License and nothing is added extra to spice it up.

From India, Kumbakonam
Respected shri Harikrisnan sir,I would like to convey my regards to you.Myself is the HR head of a power generating company.My company has awarded construction of another two generating units in the same premises on turnkey basis to a EPC company.This EPC company although a CONTRACTOR under the contract agreement,by virtue of non engaging any contractor labour for doing any of our job or being non supplier of any contract labour to us,does not come under the definition of CONTRACTOR under the CL(R&A)ACT,the BOCW(RE&CS)ACT1996.This company does its jobs by engaging SUBCONTRACTORS who engage contract labours for doing our jobs.Under the circumstances,kindly advise me as to how to bring this EPC company under the above legislation.This company says that we are PRINCIPAL EMPLOYER and sub contractors are CONTRACTORS and thus this company has no responsibily in the matter of statutoy compliance.Regards.GOUTAM
From India, Suri
Dear Mr. Ponraj
These Forms V (Certificate from Principal Employer) & IV (Application for Obtaining License) are from Contract Labour (Regulations & Abolition)(Central) Rules 1971, for which I have attached in my earlier post in this thread.

From India, Kumbakonam
Date : 12th July,2011
Dear Mr.V.Harikrishnan
Firstly , I express my sincere gratitude to u for enlightening on the said matter .
Still I have queries as under :
1. Whether Principal Employer can issue Form V to sub contractor to whom work has been sub let by prime contractor ( i.e. sub contractor who has received work from prime contactor and whose name is not incorporated in RC of Principal employer )
2. Whether the prime contractor (to whom work order has been issued from Pricipal em[ployer), can issue Form V to his sub contractor to whom work has been sub let
3. If Pricipal Employer is neither applied nor having his RC under CLRA Act and issued only Form V to prime contractor,and works started of sub contractor workers ; what will be consequences on Prinicipal Employer , Prime Contractor & Sub contractor.
4. Regarding statutory compliances , who will be mainly repsonsible.
Sincerely awaits ur response on the above.
Thanks,
AK sharma
mail id:

From India, Mumbai
Dear Mr Majumder Please inform whether the premises wherein the turnkey projects are being constructed is already registered as a "factory" under the Factories Act or not. With regards
From India, Madras

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