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Labour Legislations




                    Notes              empowered to seize or take copies of relevant registers, record of wages or notices, etc. He
                                       may also exercise such other powers as may be prescribed for carrying out the purposes of
                                       the Act.
                                   3    Exemption: According to Section 31 of the Act, the appropriate Government may in the


                                       case of an 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 establishment or class of contractors.
                                   Advisory Boards
                                   The Central Government under Section 3 is required to set up the Central Advisory Contract
                                   Labour Board on matters relating to administration of the Act as may be referred to it. It shall
                                   also discharge such other functions as may be assigned to it under the Act. The Central Board
                                   shall consist of (i) a Chairman to be appointed by the Central Government; (ii) the Chief Labour
                                   Commissioner (Central), ex offi cio; (iii) such number of members, not exceeding 17 but not less than
                                   11, as the Central Government, the Railways, the coal industry, the contractors, the workmen and
                                   any other interests which, in the opinion of the Central Government, ought to be represented on
                                   the Central Board. The number of persons to be appointed as members from each of the specifi ed
                                   categories, the term of office and other conditions of service of the procedure to be followed in the

                                   discharge of their functions by, and the manner of filling vacancies among, the members of the

                                   Central Board shall be such, as may be prescribed. However, the number of members nominated
                                   to represent the workmen shall not be less than the number of members nominated to represent
                                   the principal employers and the contractors.

                                   Similarly, the State Government is also required to set up Boards to advise the State Government
                                   on matters relating to administration of the Act. The State Board shall consist of, (i) a Chairman to
                                   be appointed by the State Government; (ii) the Labour Commissioner, ex offi cio, or in his absence

                                   any other officer nominated by the State Government in that behalf; and (iii) such number
                                   of members, not exceeding 11 but not less than 9, as the State Government may nominate to
                                   represent that Government, the industry, the contractors, the workmen and any other interests
                                   which, in the opinion of the State Government, ought to be represented on the State Board. [(See
                                   Gammon India Ltd. vs. Union, (1974) ISCC. 596)]

                                   The Central Board or the State Board may also constitute committees. The Committee constituted
                                   under sub-section (1) shall meet at such times and places and shall observe such rules or
                                   procedures regarding the transaction of business at its meetings as may be prescribed. The
                                   members of the Committee shall be paid such fees and allowances for attending its meetings

                                   as may be prescribed. However, no fees shall be payable to a member who is an officer of the
                                   Government or of any corporation established by any law for the time being in force.
                                   Prohibition of Employment of Contract Labour

                                   Section 10(1) empowers the appropriate Government (after consultation with the Central Board
                                   or State Board, as the case may be) to prohibit, by notification in the Official Gazette, employment


                                   of contract labour in any process operation or other work in any establishment. However, under

                                   Section 10(2), before issuing any notification in relation to any establishment, the appropriate
                                   Government is required to take into account, the conditions of work and benefits provided for

                                   contract labour in that establishment and other relevant factors, such as (i) 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; (ii) 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; (iii) whether it is done ordinarily through regular



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