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Overview of Indian Contract Staffing (Labour) Law –Part IV
In continuation of our Fourth Part it is noticed that somehow, the deployment of Contract Labour in India has been looked upon with an eye of distrust ,suspicion and a tool for exploitation of labour . Therefore, the abolition of the Contract Labour system had been under the consideration of the Government of India prior to 1970. In the second Five Year Plan, the Planning Commission had made certain recommendations to find out the problems of Contract Labour with progressive abolition of the system and wherever the abolition was not possible improvement of the service conditions of such Contract Labour. It must be borne in mind that the concept of “Welfare State” was edifice of the economic system until 1992 when the focus shifted to slow and steady Globalization. Under the concept of a Welfare State as enunciated in the Directive Principle of State Policy in the Constitution of India, it is the duty of the State to ensure a living wage and proper working conditions for the workers with full enjoyment of leisure ,social and cultural activities .Also it became the duty of the State to take steps to promote the participation of Labour in Management of Industrial Undertakings.
To trace the history prior to the enactment of the Contract Labour (Abolition and Regulation) Act 1970 leading to its enactment the following developments are note worthy:-
The 20th session of the Indian Labour Conference (1962) recommended legislative action to abolish the Contract labour system.
The Contract Labour (Regulations) Bill, 1964, was drafted and considered by the 22nd and 23rd sessions of the Standing Labour Committee (1964and 1965).
Keeping in view the opinions expressed by the interests concerned, the bill was suitably modified and was approved by the Cabinet on 22 June 1966.
The Bill was passed by Parliament on 19 August 1970 and received the assent of the President on 5 th September 1970
The preamble of the Act states that it was passed as an Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.
From the preamble of the act, it can be gathered that the object of the act is twin-fold. One being to regulate employment of Contract Labour in certain Establishment and secondly to provide for its abolition under special circumstances. In short, the Act permitted the deployment of Contract Labour for causal, temporary, and intermittent jobs and at the same time regulate it and also empowered the Government to abolish such Contract Labour in a specified industry wherever it deems fit necessary by issue of a notification. Therefore, the act by itself is permissive, regulatory and a prohibitory all put in one piece of legislation. It is self balancing in nature and a remarkable piece of legislation which has worked well for nearly 43 years since .In our next part we will go through the salutary features of the Contract Labour (Abolition and Regulation) Act 1970.
https://www.citehr.com/285737-legal-...stry-pg16.html
Overview of Indian Contract Staffing (Labour) Law –Part IV
In continuation of our Fourth Part it is noticed that somehow, the deployment of Contract Labour in India has been looked upon with an eye of distrust ,suspicion and a tool for exploitation of labour . Therefore, the abolition of the Contract Labour system had been under the consideration of the Government of India prior to 1970. In the second Five Year Plan, the Planning Commission had made certain recommendations to find out the problems of Contract Labour with progressive abolition of the system and wherever the abolition was not possible improvement of the service conditions of such Contract Labour. It must be borne in mind that the concept of “Welfare State” was edifice of the economic system until 1992 when the focus shifted to slow and steady Globalization. Under the concept of a Welfare State as enunciated in the Directive Principle of State Policy in the Constitution of India, it is the duty of the State to ensure a living wage and proper working conditions for the workers with full enjoyment of leisure ,social and cultural activities .Also it became the duty of the State to take steps to promote the participation of Labour in Management of Industrial Undertakings.
To trace the history prior to the enactment of the Contract Labour (Abolition and Regulation) Act 1970 leading to its enactment the following developments are note worthy:-
The 20th session of the Indian Labour Conference (1962) recommended legislative action to abolish the Contract labour system.
The Contract Labour (Regulations) Bill, 1964, was drafted and considered by the 22nd and 23rd sessions of the Standing Labour Committee (1964and 1965).
Keeping in view the opinions expressed by the interests concerned, the bill was suitably modified and was approved by the Cabinet on 22 June 1966.
The Bill was passed by Parliament on 19 August 1970 and received the assent of the President on 5 th September 1970
The preamble of the Act states that it was passed as an Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.
From the preamble of the act, it can be gathered that the object of the act is twin-fold. One being to regulate employment of Contract Labour in certain Establishment and secondly to provide for its abolition under special circumstances. In short, the Act permitted the deployment of Contract Labour for causal, temporary, and intermittent jobs and at the same time regulate it and also empowered the Government to abolish such Contract Labour in a specified industry wherever it deems fit necessary by issue of a notification. Therefore, the act by itself is permissive, regulatory and a prohibitory all put in one piece of legislation. It is self balancing in nature and a remarkable piece of legislation which has worked well for nearly 43 years since .In our next part we will go through the salutary features of the Contract Labour (Abolition and Regulation) Act 1970.
https://www.citehr.com/285737-legal-...stry-pg16.html