Dear
Please understand that the employment of Contract Labour by the Contractor is based upon the registration by the Principal Employer as per the following provision:
7. Registration of certain establishments.- (1) Every principal employer of an establishment
to which this Act applies shall, within such period as the appropriate Government may,
by notification in the Official Gazette, fix in this behalf with respect to establishments generally
or with respect to any class of them, make an application to the registering officer in the
prescribed manner for registration of the establishment:
Provided that the registering officer may entertain any such application for
registration after expiry of the period fixed in this behalf, if the registering officer is
satisfied that the applicant was prevented by sufficient cause from making the application
in time.
(2) If the application for registration is complete in all respects, the registering officer
shall register the establishment and issue to the principal employer of the establishment a
certificate of registration containing such particulars as may be prescribed.
Sec 9 deals with the effect of non -registration:
9. Effect of non-registration.- No principal employer of an establishment, to which
this Act applies, shall--
(a) in the case of an establishment required to be registered under section 7,
but which has not been registered within the time fixed for the purpose under that
section,
(b) in the case of an establishment the registration in respect of which has been
revoked under section 8, employ contract labour in the establishment after the
expiry of the period referred to in clause (a) or after the revocation of
registration referred to in clause (b), as the case may be.
12. Licensing of contractors.- (1) With effect from such date as the appropriate
Government may, by notification in the Official Gazette, appoint, no contractor to
whom this Act applies, shall undertake or execute any work through contract labour
except under and in accordance with a licence issued in that behalf by the licensing
officer.
(2) Subject to the provisions of this Act, a licence under sub-section (1) may contain
such conditions including, in particular, conditions as to hours of work, fixation of
wages and other essential amenities in respect of contract labour as the appropriate
Government may deem fit to impose in accordance with the rules, if any, made
under section 35 and shall be issued on payment of such fees and on the deposit of
such sum, if any, as security for the due performance of the conditions as may be
prescribed.
Sec 13 deals with the grant of Licence to the Contractor :
13. Grant of licences.- (1) Every application for the grant of a licence under sub-section
(1) of section 12 shall be made in the prescribed form and shall contain the
particulars regarding the location of the establishment, the nature of process,
operation or work for which contract labour is to be employed and such other
particulars as may be prescribed.
(2) The licensing officer may make such investigation in respect of the application
received under sub-section (1) and in making any such investigation the licensing
officer shall follow such procedure as may be prescribed.
(3) A licence granted under this Chapter shall be valid for the period specified therein
and may be renewed from time to time for such period and on payment of such fees and
on such conditions as may be prescribed.
Form II of the the Contract Labour (Regulation & Abolition) Central Rules, 1971. provides for in Sl No 3. Nature of work in which contract labour is employed or is to be employed.The form reads like this :
FORM II
[See rule 18(1)]
Certificate of Registration
Date
Government of India
Office of the Registering Officer
A certificate of Registration containing the following particulars is hereby granted under sub-section (2) of Section 7 of the Contract Labour (Regulation & Abolition) Act, 1970, and the rules made there under, to………………………………………………. …………………………………………………………………………
1. Nature of work carried on in the establishment.
2. Names and Addresses of Contractors.
3. Nature of work in which contract labour is employed or is to be employed.
4. Maximum number of contract labour to be employed on any day through each contractor.
5. Other particulars relevant to the employment of contract labour.
Signature of Registering Officer with Seal.
Therefore if the Principal Employer gets the Certificate then the Contractor can deploy the contract labour in the permitted activity.
rajanlawfirm
Pls see
https://www.citehr.com/285737-legal-...#axzz1WJ1p0i4f