Dear All, can you please let me know on which industry Central CLRA Act Applicable and how to get it Central CLRA Applicable or CLRA(state wise)
From India
From India
About the applicability of CLRA Act, it is automatic on the fulfillment of these conditions:-
Section 1 (4) It applies--
(a) To every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour;
(b) to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen:
Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification.
(5)
(a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed.
(b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with
the Central Board or, as the case may be, a State Board, and its decision shall be final.
As regards the issue whether Central or State rules are applicable, pl see the definition of 'Appropriate Government'. It reads as follows:
[(a) "appropriate Government" means,--
(i) in relation to an establishment in respect of which the appropriate Government under the Industrial Dispues Act, 1947 (14 of 1947), is the Central Government, the Central Government;
(ii) in relation to any other establishment, the Government of the State in which
that other establishment is situated;]
If the appropriate government for the establishment is Central Government, then Central Rules are applicable otherwise it is State Rules which are applied.
From India, Mumbai
1530Section 1 (4) It applies--
(a) To every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour;
(b) to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen:
Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification.
(5)
(a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed.
(b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with
the Central Board or, as the case may be, a State Board, and its decision shall be final.
As regards the issue whether Central or State rules are applicable, pl see the definition of 'Appropriate Government'. It reads as follows:
[(a) "appropriate Government" means,--
(i) in relation to an establishment in respect of which the appropriate Government under the Industrial Dispues Act, 1947 (14 of 1947), is the Central Government, the Central Government;
(ii) in relation to any other establishment, the Government of the State in which
that other establishment is situated;]
If the appropriate government for the establishment is Central Government, then Central Rules are applicable otherwise it is State Rules which are applied.
From India, Mumbai
Dear Sir,
thanks for valuable comment
but i am little confused with bifurcation of State government and central government
1-if i deployed to 50 employee in private Bank on third party payroll so which act will applicable state or central ?
2- if we deploy in airport(some state out of airport and some inside of airport) so which act will applicable
Regards...
Manoj Mishra
From India
thanks for valuable comment
but i am little confused with bifurcation of State government and central government
1-if i deployed to 50 employee in private Bank on third party payroll so which act will applicable state or central ?
2- if we deploy in airport(some state out of airport and some inside of airport) so which act will applicable
Regards...
Manoj Mishra
From India
1. Since for banking industry, the appropriate government under ID Act 1947 is Central Government, it follows that private banks have to follow the Central Rules under CLRA Act.
2. As the Airport Authority of India which manages the airports is an industry carried on by or under the authority of the Central Government,it is the Central Rules that will be applicable.
Pl check the appropriate government under the ID Act, and it follows suit in CLRA Act too.
From India, Mumbai
2. As the Airport Authority of India which manages the airports is an industry carried on by or under the authority of the Central Government,it is the Central Rules that will be applicable.
Pl check the appropriate government under the ID Act, and it follows suit in CLRA Act too.
From India, Mumbai
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