Mr. A. Loganathan,
Being in construction industry you might be aware of the Acts apply to you than anybody else, I trust.
1. Contract Labour (Regulation and Abolition Act) applies to one wherein 20 or more people are/were on any day during the last 12 months.
2. Whereas to apply BOCW Act, it is enough that > 10 employees are/were employed.
3. As per the above Acts, it is OK either Principle employer or the Contractor has to register under these Acts.
4. However, some cases, it is better the contractor (if you are one) complies with registration formalities for your own safety.
5. You know the Government Authorities, approach the issues - with respect to complying labour laws - and they go by what the Act says. They unnecessarily issue notice, etc. even they go to an extent of prosecuting it. So why do we take chance?
6. Form I pertains to the principle employer. It is nothing to do with (you) contractor. Principle employer has to apply for registration under the CLRA Act wherein he submitted Form I and remitted necessary fees. It is his scope of work.
7. Your job involves submitting Form IV, along with form V. Principle employeer cannot say that he cannot issue FORM V. As a contractor, when there are more than 20 employees employed in your site, you are required to obtain license and you need to apply for the same in FORM IV. And you need to pay "Security Deposit" and also remit some amount according to the no.of people you employ at your site. If you do not do that (stating that the principle employer is not issuing FORM V), then there would be loss to the "exchequer" in terms of revenue under CLRA Act. When it involves money matter, the CLRA authorities will not spare you. They will prosecute you and put interest, penalty, etc. Why should we give room for that?
7. You do not worry about non receipt of Registration Certificate under BOCW Act. It is your duty to apply for registration, which you have done promptly. When you send Form IV (under BOCW Act), mention in the appropriate column, "Registration has already been applied for you are yet to get the Certificate". Normally, it is presumed that within 90 days if you do not get any response from there, it is deemed to have been approved.
8. As far maintenance of registers are Concerned, you can write to the Officers concerned and obtain permission (there is provision in the Act) to maintain "single set of registrs" that will take care of both CLRA and BOCW Act. The format of these registers are almost one and the same.
thanks,
V. Balaji