Thread Started by #T.Thirumurugan

Dear HR Professionals,

We have applied for Licence under Contract Labour (Regulation And Abolition) Act, 1970 in Government of Andhra Pradesh.

We are waiting to receive that licence from Government of Andhra Pradesh.

Do we need to follow the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971 (or) Contract Labour (Regulation And Abolition) Central Rules, 1971?

Which rules are applicable to us. (i.e.state rules / central rules)

Because central rules said to follow below registers
1 Form XIII Register of Workmen employed by the contractor Rule 75
2 Form XIV Employment Card Rule 76
3 Form XV Service Certificate Rule 77
4 Form XVI Muster Roll Rule 78(1)(a)(i)
5 Form XVII Register Of Wages Rule 78(1)(a)(i)
6 Form XVIII Register Of Wages cum Muster Roll Rule 78(1)(a)(i)
7 Form XIX Wage Slip Rule 78(1)(b)
8 Form XX Register of deductions for damage or loss Rule 78(1)(a)(ii)
9 Form XXI Register Of Fines Rule 78(1)(a)(ii)
10 Form XXII Register Of Advances Rule 78(1)(a)(ii)
11 Form XXIII Register Of Overtime Rule 78(1)(a)(iii)

But state rules said to follow below registers
1 Form XIII Register of Workmen employed by the contractor Rule 75
2 Form XIV Employment-cum-Wage Card Rule 76
3 Form XV Service Certificate Rule 77
4 Form XVI Muster Roll Rule 78(1)(a)(i)
5 Form XVII Register Of Wages Rule 78(1)(a)(i)
6 Form XVIII Register Of Wages cum Muster Roll Rule 78(1)(a)(i)
7 Form XX Register of deductions for damage or loss Rule 78(1)(a)(ii)
8 Form XXI Register Of Fines Rule 78(1)(a)(ii)
9 Form XXII Register Of Advances Rule 78(1)(a)(ii)
10 Form XXIII Register Of Overtime Rule 78(1)(a)(iii)

And also our Principal employer issued Form V like below

FORM V
[See rule 21(2)]
FORM OF CERTIFICATE BYPRINCIPALEMPLOYER
Certified that I have engaged the applicant (name of the contractor) as a contractor
in my establishment. I undertake to be bound by all the provisions of the Contract
Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Regulation and
Abolition) Central Rules, 1971, in so far as the provisions are applicable to me in
respect of the employment of contract labour by the applicant in my establishment
Place....................
Date.....................
Signature of Principal Employer
Name and address of Establishment

Not like below FORM V

FORM V
[See rule 21(2)]
FORM OF CERTIFICATE BYPRINCIPALEMPLOYER
Certified that I have engaged the applicant (name of the contractor) as a contractor
in my establishment. I undertake to be bound by all the provisions of the Contract
Labour (Regulation and Abolition) Act, 1970 and the Andhra Pradesh Contract Labour (Regulation and
Abolition) Rules, 1971, in so far as the provisions are applicable to me in
respect of the employment of contract labour by the applicant in my establishment
Place....................
Date.....................
Signature of Principal Employer
Name and address of Establishment

we need to follow central rules or state rules

If we are following Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971, but failed to follow Contract Labour (Regulation And Abolition) Central Rules, 1971, is it violation of Contract Labour (Regulation And Abolition) Central Rules, 1971.

Please clarify

Thanks with Regards

Thirumurugan
15th August 2016 From India, Hyderabad
Dear Thirumurugan,
If your appropriate Govt. is Andhra Pradesh then the PE should have issued you the Form V as prescribed under the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules. In general it has been seen management issue Form V under Central Rules which is not correct practice.Govt. authorities also avoid such minor mistakes. Records are also to be kept under state Rules.
With Regards,
R N KHOLA

15th August 2016 From India, Delhi
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