Dr Mr Ramamoorthy
Cement industry is declared as Controlled Industry as per Industries (Development) Act and therefore under Industrial Disputes Act and Contract Labour (R & A) Act Central Government is the appropriate government.
1. As a Principal Employer every cement factory needs to take registration under Contract Labour (R & A) Act if 20 or more contract labours have been engaged through any number of contractors.
2. P E has to maintain Register of Contractors in Form XII
3. Registration Certificate has to be amended from time to time whenever there is change in the contractor or change in number of contract labours of any contractor
4. Display of notice board as per Rule 81 (1) (i) of the C L ( R& A) Central Rules, 1971 showing working hours, weekly holiday, wage period, rate of wages, date of payment of wages, date of payment of unpaid wages and name and address of the inspectors. i.e. Dy Chief Labour Commissioner, Regional Labour Commissioner, Assistant Labour Commissioner, Labour Enforcement Officer
5. Copy of the notice displayed under Rule 81 (1) (i) has to be sent to the Inspector as above.
6. Display of Abstract of the C L (R & A) Act 1970 and Central Rules, 1971.
6. Notice of commencement/ completion of contract work has to be submitted within 15 days in respect of each contract work to the Inspectors in Form VI-B
7. Issuance of Form V (Now Form III) to the contractor whoever is having more than 20 contract labours for obtaining licence.
8. Submission of Annual Return before 15th Feb now online.
9. Witnessing of payment by authorised representative and recording certificate on the Wage Register of contractor
" Certified that the amount shown in Col ......... has actually been paid to the workman concerned in my presence" Now payment is being made through bank you may confirm the payment by taking bank statements of the workers.
10. Additionally you may also check payment of PF and ESIC and PT by taking challans and ECR . You may also check whether any unauthorised deductions has been done by the contractor from the workers to match the minimum wages on paper. such as Advance or Uniform allowance. etc.
I hope if you implement this in your establishment, you need not have to face any prosecution under C L ( R & A) Act.