Dear Rana ji and Dear Devbrat Jha ji,
Thanks for raising query.
According to me, sub contractor can apply for labour licence under CLA. The requirement for obtaining a licence is Form V issued by Principal Employer.
To suffice my statement, I have following points to say.
Definition of Contractor as under:
Section 2 ( c ) : "contractor", in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor;
Section 12 deals with licensing of Contractors. Sub Section 1 which says as under:
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.
Section 21 deals with application for licence as under:
(1) Every application by a contractor for the grant of licence shall be made in triplicate in Form IV, to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located.
(2) Every application for the grant of a licence shall be accompanied by a certificate by the principal employer in Form V to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder in so far as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.
The definition of Contractor is inclusive definition which includes even sub-contractors in it. The criteria to apply for Licence is that such application shall be accompanied by certificate by Principal Employer in Form V. If you being sub-contractor, apply for licence with certificate by Principal Employer in Form V and the authority reject the same you can challenge the rejection.
I am attaching herewith one Circular by Labour Commissionerate, Mumbai in this subject which is in Marathi and also not readable. For ready reference of you and other members, the translation of the said circular is given as under:
----------------------------------------------------------------------------------------------------------
Office of the Labour Commissioner,
Commerce Centre, Tardeo,
Mumbai 400 034.
CIRCULAR
Sub: Contract Labour (R&A) Act 1960
Issue of licence to sub contractor – Reg.
It is noticed that there is an ambiguity in issuing labour licence to the sub contractors appointed by the contractors under the Contract Labour (R&A) Act and Maharashtra Rules made thereunder.
In this regards the Government has issued necessary directions and accordingly it is being inform that the definition of contractor under section 2(1) (c) includes sub contractor also. If the contractor appoints any sub contractor for the work awarded to him, licence under the Act may be given to such sub contractor.
There should not be any objection in issuing a licence to such sub contractor who apply for licence to the authority accompanied with a certificate by Principal Employer in prescribed format under rule 21 (2).
Necessary steps are to be taken according to the directions of Government and all the pending issues are to be disposed off.
SD/-
Commissioner of Labour
----------------------------------------------------------------------------------------------------------
Hope you and other members have convinced to my point of view.
Further discussion and Comments are welcome. In this regards you can view my earlier posting link-
https://www.citehr.com/430531-info-c...dont-fall.html