Page 126 - DMGT516_LABOUR_LEGISLATIONS

Unit 5: The Contract of Employment

31. Power to exempt in special cases: The appropriate Government may, in the case of an Notes
emergency, direct, by notification in the Official Gazette, that subject to such conditions
and restrictions, if any, and for such period or periods, as may be specified in the notification,
all or any of the provisions of this Act or the rules made thereunder shall not apply to any
establishment or class of establishments or any class of contractors.
32. Protection of action taken under this Act: (1) No suit, prosecution or other legal proceedings
shall lie against any registering officer, licensing officer or any other Government servant
or against any member of the Central Board or the State Board, as the case may be, for
anything which is in good faith done or intended to be done in pursuance of this Act or any
rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage
caused or likely to be caused by anything which is in good faith done or intended to
be done in pursuance of this Act or any rule or order made thereunder.
33. Power to give directions: The Central Government may give directions to the Government
of any State as to the carrying into execution in the State of the provisions contained in this
Act.
34. Power to remove difficulties: If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make
such provisions not inconsistent with the provisions of this Act, as appears to it to be
necessary or expedient for removing the difficulty.
35. Power to make rules: (1) The appropriate Government may, subject to the condition of
previous publication, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:– (a) the number
of persons to be appointed as members representing various interests on the Central
Board and the State Board, the term of their office and other conditions of service,
the procedure to be followed in the discharge of their functions and the manner of
filling vacancies; (b) the times and places of the meetings of any committee
constituted under this Act, the procedure to be followed at such meetings including
the quorum necessary for the transaction of business, and the fees and allowances
that may be paid to the members of a committee; (c) the manner in which
establishments may be registered under section 7, the levy of a fee therefore and the
form of certificate of registration; (d) the form of application for the grant or renewal
of a licence under section 13 and the particulars it may contain; (e) the manner in
which an investigation is to be made in respect of an application for the grant of a
licence and the matters to be taken into account in granting or refusing a licence; 516
(f) the form of a licence which may be granted or renewed under section 12 and the
conditions subject to which the licence may be granted or renewed, the fees to be
levied for the grant or renewal of a licence and the deposit of any sum as security for
the performance of such conditions; (g) the circumstances under which licences may
be varied or amended under section 14; (h) the form and manner in which appeals
may be filed under section 15 and the procedure to be followed by appellate officers
in disposing of the appeals; (i) the time within which facilities required by this Act
to be provided and maintained may be so provided by the contractor and in case of
default on the part of the contractor, by the principal employer; (j) the number and
types of canteens, rest-rooms, latrines and urinals that should be provided and
maintained; (k) the type of equipment that should be provided in the first-aid boxes;
(l) the period within which wages payable to contract labour should be paid by the
contractor under sub-section (1) of section 21; (m) the form of registers and records
to be maintained by principal employers and contractors; (n) the submission of

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