Page 105 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Sections 16, 17, 18 and 19 of the Act and the Rules made thereunder, impose an obligation
on an employer to provide certain amenities for ensuring the health and welfare of the
contract labour.

In case, any contractor fails to provide the above amenities within the stipulated time, then
the same are to “be provided by the principal employer. However, the principal employer
is authorised to recover such expenses from the contractor.”
Ever principal employer shall nominate a representative, duly authorised by him to be
present at the time of disbursement of wages by the contractor and it shall be the duty
of such representative to certify the amounts paid as wages in such manner as may be
prescribed. The employees engaged through the contractor will be liable to be covered
under the Employees’ Provident Fund and Miscellaneous Provisions Act - DCM Ltd. vs.
Regional Provident Fund Commissioner, 1998 LLR 532 (Raj HC).

Sub-rule IV of Rule 25 of the Contract Labour (Regulation and Abolition) Act provides
that the principal employer will ensure that the workers as engaged through the contactor

will not be paid wages less than the minimum rate of wages as fixed under the Minimum
Wages Act

4.4 Keywords

Central advisory: The Central Government under Section 3 is required to set up the Central
Advisory Contract Labour Board on matters relating to administration of the Act as may be
referred to it.

Committee: The Committee constituted under sub-section (1) shall meet at such times and places
and shall observe such rules or procedures regarding the transaction of business at its meetings
as may be prescribed.

The Employees’ State Insurance Act, 1948: A workman under the Contract Labour (Regulation
and Abolition) Act is also a ‘workman’ under the Industrial Disputes Act.
The Minimum Wages Act, 1948: Sub-rule IV of Rule 25 of the Contract Labour (Regulation and
Abolition) Act provides that the principal employer will ensure that the workers as engaged
through the contactor will not be paid wages less than the minimum rate of wages as fi xed under
the Minimum Wages Act.
The Mines Act, 1952: As per section 2 (1) of the Act, any contractor working in a mine or part
thereof, shall also be liable for compliance of various provisions of the Act and Rules.

4.5 Self Assessment

Fill in the blanks:
1. ...................... of the constitution lays down that no person shall be deprived of his life and
personal liberty, except according to the procedure established by law.
2. The Act is also applicable where the ...................... relates to service conditions of the
workman engaged in the factory canteen maintained by the company.
3. The Act empowers the appropriate Governments to appoint ...................... with whom
every principal employer, or an establishment to which this Act applies, has registered the
establishment in the prescribed manner.

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