Page 125 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes (2) Subject to any rules made in this behalf, an inspector may, within the local limits for
which he is appointed – (a) enter, at all reasonable hours, with such assistance
(if any), being persons in the service of the Government or any local or other public
authority as he thinks fit, any premises or place where contract labour is employed,
for the purpose of examining any register or record or notices required to be kept or
exhibited by or under this Act or rules made thereunder, and require the production
thereof for inspection; (b) examine any person whom he finds in any such premises
or place and who, he has reasonable cause to believe, is a workman employed
therein; (c) require any person giving out work and any workman, to give any
information, which is in his power to give with respect to the names and addresses
of the persons to, for and from whom the work is given out or received, and with
respect to the payments to be made for the work; (d) seize or take copies of such
register, record of wages or notices or portions thereof as he may consider relevant
in respect of an offence under this Act which he has reason to believe has been
committed by the principal employer or contractor; and (e) exercise such other
powers as may be prescribed.
(3) Any person required to produce any document or thing or to give any information
required by an inspector under sub-section (2) shall be 514 deemed to be legally
bound to do so within the meaning of section 175 and section 176 of the Indian Penal
Code (45 of 1860).
(4) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as
may be, apply to any search or seizure under sub-section (2) as they apply to any
search or seizure made under the authority of a warrant issued under section 98 of
the said Code.
29. Registers and other records to be maintained: (1) Every principal employer and every
contractor shall maintain such registers and records giving such particulars of contract
labour employed, the nature of work performed by the contract labour, the rates of wages
paid to the contract labour and such other particulars in such form as may be prescribed.
(2) Every principal employer and every contractor shall keep exhibited in such manner
as may be prescribed within the premises of the establishment where the contract
labour is employed, notices in the prescribed form containing particulars about the
hours of work, nature of duty and such other information as may be prescribed.
30. Effect of laws and agreements inconsistent with this Act: (1) The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in any other
law or in the terms of any agreement or contract of service, or in any standing orders
applicable to the establishment whether made before or after the commencement of this
Act:
Provided that where under any such agreement, contract of service or standing orders the
contract labour employed in the establishment are entitled to benefits in respect of any
matter which are more favourable to them than those to which they would be entitled
under this Act, the contract labour shall continue to be entitled to the more favourable
benefits in respect of that matter, notwithstanding that they receive benefits in respect of
other matters under this Act.

(2) Nothing contained in this Act shall be construed as precluding any such contract
labour from entering into an agreement with the principal employer or the
contractor, as the case may be, for granting them rights or privileges in respect of
any matter which are more favourable to them than those to which they would be
entitled under this Act.

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