Dear HR Professionals, We have applied for a license under the Contract Labour (Regulation and Abolition) Act, 1970, with the Government of Andhra Pradesh. We are waiting to receive that license. Do we need to follow the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971, or the Contract Labour (Regulation and Abolition) Central Rules, 1971? Which rules are applicable to us (i.e., state rules or central rules)?
Central Rules
The central rules require the following registers to be maintained:
1. Form XIII - Register of Workmen employed by the contractor Rule 75
2. Form XIV - Employment Card Rule 76
3. Form XV - Service Certificate Rule 77
4. Form XVI - Muster Roll Rule 78(1)(a)(i)
5. Form XVII - Register Of Wages Rule 78(1)(a)(i)
6. Form XVIII - Register Of Wages cum Muster Roll Rule 78(1)(a)(i)
7. Form XIX - Wage Slip Rule 78(1)(b)
8. Form XX - Register of deductions for damage or loss Rule 78(1)(a)(ii)
9. Form XXI - Register Of Fines Rule 78(1)(a)(ii)
10. Form XXII - Register Of Advances Rule 78(1)(a)(ii)
11. Form XXIII - Register Of Overtime Rule 78(1)(a)(iii)
State Rules
The state rules require the following registers to be maintained:
1. Form XIII - Register of Workmen employed by the contractor Rule 75
2. Form XIV - Employment-cum-Wage Card Rule 76
3. Form XV - Service Certificate Rule 77
4. Form XVI - Muster Roll Rule 78(1)(a)(i)
5. Form XVII - Register Of Wages Rule 78(1)(a)(i)
6. Form XVIII - Register Of Wages cum Muster Roll Rule 78(1)(a)(i)
7. Form XX - Register of deductions for damage or loss Rule 78(1)(a)(ii)
8. Form XXI - Register Of Fines Rule 78(1)(a)(ii)
9. Form XXII - Register Of Advances Rule 78(1)(a)(ii)
10. Form XXIII - Register Of Overtime Rule 78(1)(a)(iii)
Principal Employer's Certificate
Our Principal Employer issued Form V as follows:
FORM V
[See rule 21(2)]
FORM OF CERTIFICATE BY PRINCIPAL EMPLOYER
Certified that I have engaged the applicant (name of the contractor) as a contractor in my establishment. I undertake to be bound by all the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and the Contract Labour (Regulation and Abolition) Central Rules, 1971, insofar as the provisions are applicable to me in respect of the employment of contract labour by the applicant in my establishment.
Place....................
Date.....................
Signature of Principal Employer
Name and address of Establishment
We need to follow either the central rules or the state rules. If we are following the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971, but fail to follow the Contract Labour (Regulation and Abolition) Central Rules, 1971, is it a violation of the Contract Labour (Regulation and Abolition) Central Rules, 1971? Please clarify.
Thanks with Regards,
Thirumurugan
From India, Hyderabad
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33Central Rules
The central rules require the following registers to be maintained:
1. Form XIII - Register of Workmen employed by the contractor Rule 75
2. Form XIV - Employment Card Rule 76
3. Form XV - Service Certificate Rule 77
4. Form XVI - Muster Roll Rule 78(1)(a)(i)
5. Form XVII - Register Of Wages Rule 78(1)(a)(i)
6. Form XVIII - Register Of Wages cum Muster Roll Rule 78(1)(a)(i)
7. Form XIX - Wage Slip Rule 78(1)(b)
8. Form XX - Register of deductions for damage or loss Rule 78(1)(a)(ii)
9. Form XXI - Register Of Fines Rule 78(1)(a)(ii)
10. Form XXII - Register Of Advances Rule 78(1)(a)(ii)
11. Form XXIII - Register Of Overtime Rule 78(1)(a)(iii)
State Rules
The state rules require the following registers to be maintained:
1. Form XIII - Register of Workmen employed by the contractor Rule 75
2. Form XIV - Employment-cum-Wage Card Rule 76
3. Form XV - Service Certificate Rule 77
4. Form XVI - Muster Roll Rule 78(1)(a)(i)
5. Form XVII - Register Of Wages Rule 78(1)(a)(i)
6. Form XVIII - Register Of Wages cum Muster Roll Rule 78(1)(a)(i)
7. Form XX - Register of deductions for damage or loss Rule 78(1)(a)(ii)
8. Form XXI - Register Of Fines Rule 78(1)(a)(ii)
9. Form XXII - Register Of Advances Rule 78(1)(a)(ii)
10. Form XXIII - Register Of Overtime Rule 78(1)(a)(iii)
Principal Employer's Certificate
Our Principal Employer issued Form V as follows:
FORM V
[See rule 21(2)]
FORM OF CERTIFICATE BY PRINCIPAL EMPLOYER
Certified that I have engaged the applicant (name of the contractor) as a contractor in my establishment. I undertake to be bound by all the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and the Contract Labour (Regulation and Abolition) Central Rules, 1971, insofar as the provisions are applicable to me in respect of the employment of contract labour by the applicant in my establishment.
Place....................
Date.....................
Signature of Principal Employer
Name and address of Establishment
We need to follow either the central rules or the state rules. If we are following the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971, but fail to follow the Contract Labour (Regulation and Abolition) Central Rules, 1971, is it a violation of the Contract Labour (Regulation and Abolition) Central Rules, 1971? Please clarify.
Thanks with Regards,
Thirumurugan
From India, Hyderabad
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If your appropriate government is Andhra Pradesh, then the Principal Employer (PE) should have issued you Form V as prescribed under the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules. In general, it has been observed that management issues Form V under Central Rules, which is not the correct practice. Government authorities also tend to overlook such minor mistakes. Records should also be maintained under state rules.
With regards,
R N KHOLA
From India, Delhi
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With regards,
R N KHOLA
From India, Delhi
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Contract Labour _Regln & Abolition_ Central Rules 1971.pdf
Contract Labour (Regln & Abolition) Central Rules 1971.doc