Page 121 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes 8. Revocation of registration in certain cases: If the registering officer is satisfied, either on
a reference made to him in this behalf or otherwise, that the registration of any
establishment has been obtained by misrepresentation or suppression of any material
fact, or that for any other reason the registration has become useless or ineffective and,
therefore, requires to be revoked, the registering officer may, after giving an opportunity
to the principal employer of the establishment to be heard and with the previous approval
of the appropriate Government, revoke the registration.
9. Effect of non-registration: No principal employer of an establishment, to which this Act
applies, shall – (a) in the case of an establishment required to be registered under section
7, but which has not been registered within the time fixed for the purpose under that
section, 507 (b) in the case of an establishment the registration in respect of which has been
revoked under section 8, employ contract labour in the establishment after the expiry of
the period referred to in clause (a) or after the revocation of registration referred to in
clause (b), as the case may be.
10. Prohibition of employment of contract labour: (1) Notwithstanding anything contained
in this Act, the appropriate Government may, after consultation with the Central Board
or, as the case may be, a State Board, prohibit, by notification in the Official Gazette,
employment of contract labour in any process, operation or other work in any
establishment.

Did u know? Before issuing any notification under sub-section (1) in relation to an
establishment, the appropriate Government shall have regard to the conditions of work
and benefits provided for the contract labour in that establishment and other relevant
factors, such as – (a) whether the process, operation or other work is incidental to, or
necessary for the industry, trade, business, manufacture or occupation that is carried on in
the establishment: (b) whether it is of perennial nature, that is to say, it is of sufficient
duration having regard to the nature of industry, trade, business, manufacture or
occupation carried on in that establishment; (c) whether it is done ordinarily through
regular workmen in that establishment or an establishment similar thereto; (d) whether it
is sufficient to employ considerable number of whole-time workmen. Explanation. – If a
question arises whether any process or operation or other work is of perennial nature, the
decision of the appropriate Government thereon shall be final.
11. Appointment of licensing officers: The appropriate Government may, by an order notified
in the Official Gazette, – (a) appoint such persons, being Gazetted Officers of Government,
as it thinks fit to be licensing officers for the purposes of this Chapter; and 508 (b) define
the limits, within which a licensing officer shall exercise the powers conferred on licensing
officers by or under this Act.
12. Licensing of contractors: (1) 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.

(2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such
conditions including, in particular, conditions as to hours of work, fixation of wages
and other essential amenities in respect of contract labour as the appropriate
Government may deem fit to impose in accordance with the rules, if any, made
under section 35 and shall be issued on payment of such fees and on the deposit of
such sum, if any, as security for the due performance of the conditions as may be
prescribed.

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