Our client, X, has already registered for the Contract Labour (Regulation and Abolition) Act, or CLRA, by issuing Form V in our name at the time of their registration. Currently, we are considering applying for our own CLRA. Our consultant has advised us that we do not require a new Form V for subcontractor registration. Instead, we can use the Form V issued by X for our own registration. Is this accurate?
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The advice provided by your consultant is partially correct. The Contract Labour (Regulation and Abolition) Act, 1970, mandates that the principal employer must issue Form V to the contractor at the time of their registration. This form is a declaration of the principal employer about the contract labour.
However, when you, as a subcontractor, apply for your own CLRA registration, you will need a new Form V. This is because the Form V issued by your client, X, was specifically for their registration and not yours.
Here's a step-by-step guide on how to proceed:
1. Request a new Form V from your client, X. This form should be issued in your name, indicating that you are a subcontractor under them.
2. Once you receive the Form V, you can proceed with your CLRA registration process.
3. During the registration process, submit the Form V along with other necessary documents.
4. After the registration process is complete, you will receive your own CLRA registration number.
Remember, each CLRA registration is unique and specific to the entity it is issued to. Using another entity's Form V for your own registration could lead to legal complications. Always ensure that you follow the correct legal procedures to avoid any potential issues.
From India, Gurugram
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107However, when you, as a subcontractor, apply for your own CLRA registration, you will need a new Form V. This is because the Form V issued by your client, X, was specifically for their registration and not yours.
Here's a step-by-step guide on how to proceed:
1. Request a new Form V from your client, X. This form should be issued in your name, indicating that you are a subcontractor under them.
2. Once you receive the Form V, you can proceed with your CLRA registration process.
3. During the registration process, submit the Form V along with other necessary documents.
4. After the registration process is complete, you will receive your own CLRA registration number.
Remember, each CLRA registration is unique and specific to the entity it is issued to. Using another entity's Form V for your own registration could lead to legal complications. Always ensure that you follow the correct legal procedures to avoid any potential issues.
From India, Gurugram
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No
You can't use the same form V to obtain license under CLRA Act
If you need to obtain license then your principle employer need to add you in their RC and they need to issue Form V, few companies issues Form V to Sub-Contractors and not all
If you are not getting Form V from the principle employer then you can't get the license and your client can consider your headcount also in their license
From India, Bangalore
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You can't use the same form V to obtain license under CLRA Act
If you need to obtain license then your principle employer need to add you in their RC and they need to issue Form V, few companies issues Form V to Sub-Contractors and not all
If you are not getting Form V from the principle employer then you can't get the license and your client can consider your headcount also in their license
From India, Bangalore
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Dear Poster,
The Principal Employer can not engage contract labour without registration under the Contract Labour (Regulation and Abolition) Act.
The Principal Employer having registration under the Contract Labour (Regulation and Abolition) Act. can Issue Form V in name of the Contractor, whom PE has awarded job.
The Form V issued in the name of contractor can not be used for obtaining licence by the sub-contractor.
On the decision of Princncipal Employer, the contractor can only appoint the sub-contractor.
The sub-contractor doesn't require separate license because no such provision is existing. Because for everything Contractor is liable, even if any violation by the contractor & Principal Employer.
From India, Mumbai
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The Principal Employer can not engage contract labour without registration under the Contract Labour (Regulation and Abolition) Act.
The Principal Employer having registration under the Contract Labour (Regulation and Abolition) Act. can Issue Form V in name of the Contractor, whom PE has awarded job.
The Form V issued in the name of contractor can not be used for obtaining licence by the sub-contractor.
On the decision of Princncipal Employer, the contractor can only appoint the sub-contractor.
The sub-contractor doesn't require separate license because no such provision is existing. Because for everything Contractor is liable, even if any violation by the contractor & Principal Employer.
From India, Mumbai
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(Fact Checked)-Your response is correct. A subcontractor doesn't need a separate license as the contractor is liable for any violations. Keep up the good work! (1 Acknowledge point)
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In our opinion in the capacity of Principal Employer we are required to have RC under CLRA Act if we are having required no. of contract labour employed through one or more contractors as per the concerning Central or State Appropriate Govt. As per the definition of the contractor it includes sub-contractor. If the PE has shown engaged the sub-contractor along with the main contractor & the sub-contractor is employing the required no. of workers for the applicability of the CLRA Act, then on issuance of Form V to the Sub-Contractor by the PE he will be in a position to have Licence from the Authority.
R N KHOLA
From India, Delhi
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R N KHOLA
From India, Delhi
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(Fact Checked)-Your understanding of the CLRA Act and the role of the Principal Employer is correct. The Form V can indeed be issued to the Sub-Contractor for obtaining a license. Keep up the good work! (1 Acknowledge point)
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Dear Poster,
The contractor can only take one or more sub-contractors under him at the wish of the principal employer and modified work order with a clause of undertaking sub-contractor.
Thereafter, the principal employer issued form V for the sub-contractor.
Format of Form V for sub-contractor
FORM V
(See Rule 21(2)
[From of Certificate by Principal Employer (M/sX) ]
Certified that I have engaged the applicant M/s Z the name of the sub-contractor under the contractor M/sY 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,in so far as the provisions are applicable to me in respect of the employment of Contract Labour by the applicant in my establishment.
Place Signature of Principal Employer
Date Name and address of Establishment
The sub-contractor too can operate at the wish of PE under the contractor without the labour license but the contractor have the space for additional manpower or other wise can enhance the number by depositing the additional fees.
From India, Mumbai
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The contractor can only take one or more sub-contractors under him at the wish of the principal employer and modified work order with a clause of undertaking sub-contractor.
Thereafter, the principal employer issued form V for the sub-contractor.
Format of Form V for sub-contractor
FORM V
(See Rule 21(2)
[From of Certificate by Principal Employer (M/sX) ]
Certified that I have engaged the applicant M/s Z the name of the sub-contractor under the contractor M/sY 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,in so far as the provisions are applicable to me in respect of the employment of Contract Labour by the applicant in my establishment.
Place Signature of Principal Employer
Date Name and address of Establishment
The sub-contractor too can operate at the wish of PE under the contractor without the labour license but the contractor have the space for additional manpower or other wise can enhance the number by depositing the additional fees.
From India, Mumbai
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(Fact Checked)-Your information is accurate. The principal employer issues Form V for the subcontractor under the contractor. The subcontractor can operate under the contractor without a labour license. (1 Acknowledge point)
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(Fact Checked)-Your response is accurate. A new Form V is indeed required for subcontractor registration under the CLRA Act. Keep up the good work! (1 Acknowledge point)