Page 85 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Licensing

Section 11 authorises the appropriate Government to:

1. appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be licensing
officers for the purposes of this Chapter; and

2. define the limits, within which a licensing officer shall exercises the power conferred on

licensing officers by or under this Act.

Licensing of Contractors
Section 12 provides that no contractor shall undertake or execute any work through contract
labour, except under and in accordance with a licence issued in that behalf by the licensing offi cer.
The Licence 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, framed under the Act.

Grant of Licence

Under Section 13, every application for the grant of a licence shall be made in the prescribed form
and shall contain particulars regarding the location of the establishment, the nature of process,
operation or work for which contract labour is to be employed and such other particulars as may
be prescribed.

Revocation, Suspension and Amendment of Licence

Under Section 14, if the licensing officer is satisfied, either on a reference made to him in this

behalf or otherwise, that a licence granted has been obtained by misrepresentation or suppression
of any material fact, or the holder of a licence has, without reasonable cause, failed to comply
with the conditions subject to which the license has been granted or has contravened any
provision of this Act or rules made thereunder, then, without prejudice to any other penalty

to which the holder of the licence may be liable under this Act, the licensing officer may, after
giving the holder of the licence an opportunity of showing cause, revoke or suspend the license
or forfeit the sum, if any or any portion thereof deposited as security for the due performance of
the conditions subject to which the licence has been granted.

Appeal in cases of Registration and Licence

Under Section 15, any person aggrieved by an order relating to grant of registration to
establishments, revocation of registration and revocation suspension of licences within 30 days
from the date on which the order is communicated to him, prefer an appeal to an appellate offi cer
who shall be a person nominated in this behalf by the appropriate Government. The Appellate

officer shall after giving the appellant an opportunity of being heard, dispose the appeal as
expeditiously as possible.
Obligation to provide certain Amenities to Workers

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

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