Page 88 - DMGT516_LABOUR_LEGISLATIONS

Unit 4: Contract Labour (Regulation and Abolition) Act, 1986

Sec. 75: Power to require medical examination. An inspector has the power to serve a notice Notes
on the employer required that any person or young person shall be examined by a certifying
surgeon.
Sec. 76: This section empowers the state govt. to formulate rules for physical standards,
procedures, and other conditions for giving fi tness certifi cate.
Sec. 77 says that the regulations in this act are in addition to Employment of Children Act 1938.

Prohibition regarding Employment of Female Workers during certain Hours

The employment of female contract labourer, excepting the women employed in pithead baths,
crèches, canteens, nurses and midwives, is prohibited before 6 a.m. and after 7 p.m.

Duty to maintain prescribed Registers and Records

Section 29 of the Act enjoins upon every principal employer and every contractor to maintain
the registers and records, giving prescribed particular of contract labour employed, the nature of
work performed by the contract labour, the rates of wages paid to the contract labour and other
such particulars in the prescribed form and to keep them exhibited in the prescribed manner
within the premises of the establishment where the contract labour is employed.

Power to Remove Diffi culties

Section 34 provides:

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
diffi culty.
Enforcement

1 Penalty: Under Section 23, whosoever contravenes (i) any provisions of the Act or of any
rules made thereunder prohibiting, restricting or regulating the employment of contract
labour, or (ii) any condition of a licence granted under the Act, is liable to be punished
with an imprisonment for a term, which may extend to 3 months or with a fine which may

extend to ` 1000 or both. This section necessarily implies that the contravention must be
done willfully or intentionally. (S.B. Deshmukh vs. State, 1981 Lab I. C. 204 (H. C. Bombay))
Further, under Section 24, a person who contravenes any other provision of the Act or rules
made thereunder, for which no other penalty is elsewhere provided, he shall be punishable
with imprisonment for a term which may extend to 3 months or with a fi ne of ` 1000/- or
with both.
2 Inspectors: For the enforcement of the Act, the appropriate Government has been authorised

to appoint qualified inspectors for the locality assigned to them by the government. The
inspector is empowered to enter any premises or place where contract labour is employed
for examining any register or record or notices required under the Act or Rules made
thereunder. He may also require the production of these documents by the persons
concerned. The inspector is also empowered to examine any person whom he fi nds in
such premises or place and who, he has a reason to believe to be workmen employed
therein. Further, the inspector may collect information from any person going out and any
workmen in respect of the person to and from whom the work is given out or received
and also with respect to payment to be made for the work. Moreover, the inspector is

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