Dear Sabira,
Heare is the answers of your questions -
a) The principal employer has to obtain registration under the act irrespective of the fact that it is a Govt. or private organisation.
The Contract Labour (R&A) Act applies to (i) every establishment in which twenty or more workmen are / were employed on any day of the preceding twelve months as contract labour, and as per Sec.2(1)(e), establishment means any office or dept. of the Govt. or a local authority, or any place where any industry, trade, business, manufacture or occupation is carried on.
b) no contractor, to whom this act applies shall undertake or execute any work through contract labour without obtaining license.
c) There is no rule for reimburshment of PF and ESI amount paid by the contractor from principal employer. Basically it depends upon the contract made between principal employer and contarctor. Contractor fixes his rate including all the component of payment.
d) if contractor fails to meet statutory requirements, principal employer becomes liable and to get the contractor penalised you may stop payment untill and unless the contractor clears all the statutoru dues.
e) for sample copy of contract you please provide your mail ID.
To ensure whether the contractor complying with the statutory requirements -
get the following documents -
i) PF challan every month by 16th
ii)ESI challan every month by 22nd
ii) Half yearly return by every 6 months (jan & July)
iii) Renewal of license every year.
Regards,
Debrishi