Background:
The Gujarat Contract Labour (Regulation and Abolition) Rules, 1972 were framed by the Government of Gujarat under the Contract Labour (Regulation and Abolition) Act, 1970, to regulate and monitor the employment of contract labour within the state. The rules aim to safeguard workers from exploitation by ensuring proper registration of principal employers, licensing of contractors, and compliance with welfare provisions such as wages, canteens, restrooms, drinking water, and first aid. They also prescribe maintenance of registers and records, timely payment of wages, and provide powers to inspectors for enforcement. Overall, these rules were introduced to improve the working conditions of contract labour in Gujarat while ensuring accountability of employers and contractors.
Applicability:
The Gujarat Contract Labour (Regulation and Abolition) Rules, apply:
(a) to every establishment in which twenty or more workmen, art employed or were employed on any day of the preceding twelve months as contract labour.
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen.
Provided that the appropriate Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification.
Compliance requirement under the Rule in accordance with the Act:
Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form XII.
Contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form A specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws (Gujarat) Rules, 2017.
Every contractor shall issue an employment card in Form XIV to each worker within three days of the employment of the worker. The card shall be maintained up to date and any change in the particulars entered therein.
On termination of employment for any reason whatsoever, the contractor shall issue to the workman whose services have been terminated a Service Certificate in Form XV.
In respect of establishments not covered under Payment of Wages Act, 1936 or the Minimum Wages Act, 1948 and Rules thereunder, every contractor shall maintain a Muster Roll Register and a Register of Wages [in Form D and Form B, respectively], specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws (Gujarat) Rules, 2017.
In respect of establishments not covered under Payment of Wages Act, 1936 or the Minimum Wages Act, 1948 and Rules thereunder, and where the wage period is one week or more, the contractor shall issue wage slips in Form XIX to the workers at least a day prior to the disbursement of wages.
The Registers of deductions for damage or loss, Register of fines and Register of Advances shall be maintained by every contractor [in Form C specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws (Gujarat) Rules, 2017.
A Register of Overtime shall be maintained by every contractor [in Form B specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws (Gujarat) Rules, 2017 to record the number of hours and wages paid for overtime work, if any.
The application of certificate of registration shall be made in triplicate in Form I and accompanied by treasury receipt showing payment of fees and personally delivered to the registering officer or sent to him by registered post. Every application by a contractor for the grant of a licence shall be made in triplicate in Form IV, to the licensing officer, accompanied by a Form V certificate from the principal employer. This certificate confirms that the applicant has worked for the employer and that the employer agrees to comply with all laws regarding contract labour. Every licence granted under Rule 23 shall be in Form VI, and every licence under Rule 25 shall remain valid for the period mentioned in Form V. A principal employer or contractor must register under the Act if, at any time during the year, 50 or more workmen are employed in the establishment or by the contractor respectively as contract labour.
If there is any change in the particulars specified in the certificate of registration of an establishment, the principal employer shall intimate the registering officer within thirty days from the date such change occurs, along with details and reasons for such change.
Facilities such as wholesome drinking water, sufficient latrines and urinals, washing facilities, and first-aid facilities shall be provided by the contractor within seven days of commencement of the rules in existing establishments, and within seven days of the employment of contract labour in new establishments. If the contractor fails to provide these within the prescribed period, the principal employer shall provide them within seven days thereafter.
In every establishment to which Act applies and wherein work-regarding the employment contract labour is likely to continue for six months and wherein contract labour numbering one hundred or more are ordinarily employed an adequate canteen facilities within sixty days of the date of coming into force of the rules in the case of the existing establishments and within 60 days of the commencement of the employment of contract labour in the case of new establishments.
If the contractor fails to provide the canteen facilities within the time laid down the same shall be provided by the principal employer within sixty days of the expiry of the time allowed to the contractor.
Dining halls shall accommodate at least 30% of the contract labour working at any time. The floor area, excluding service counters and furniture, shall not be less than one square metre per diner. Provisions must also be made for partitioned areas and washing places for women workers in proportion to their numbers, ensuring privacy. Adequate furniture such as tables, stools, chairs, or benches must also be provided.
Canteens must be equipped with sufficient utensils, crockery, cutlery, furniture, and other equipment for efficient operation. Employees serving in the canteen must be provided with clean clothes. All equipment and furniture must be maintained in a clean and hygienic condition, and service counters shall be smooth and impervious. Adequate facilities, including hot water, shall be provided for cleaning.
Every establishment under the Act shall maintain first-aid boxes that are readily accessible during working hours at the rate of one box per 150 contract labour or part thereof.
Every first-aid box shall be distinctly marked with a red cross on a white ground.
The first-aid box shall be distinctively marked with a red cross on a white ground and shall contain the following equipment, namely :-For establishments in which the number of contract labour employed does not exceed fifty
Each first-aid box shall contain the following equipment:-
(i) 6 small sterilized dressings.
(ii) 3 medium size sterilized dressings.
(iii) 3 large sixes sterilized dressings.
3 large sterilized burn dressings.
(v) 1(30 ml.) bottle containing a 2 percent alcoholic solution of Iodine.
(vi) 1(30 ml.) bottle containing salvola-tile having the dose and mode of administration indicated on the label.
(vii) 1 snake-bite lancet.
(viii) 1(30 gm.) bottle of potassium permanganate crystals.
(ix) 1 pair scissors.
(x) 1 copy of the first aid-leaflet issued by the Director General, Factory Advice Service and Labour Institute, Government of India.
(xi) A bottle containing 100 tablets (each of 5 grains) of ‘aspirin.
(xii) Ointment for burns.
(xiii) A bottle of suitable surgical anti-septic solution
For establishments in which the number of contract labour exceeds fifty- Each first-aid box shall contain the following equipment:-
(i) 12 small sterilized dressings;
(ii) 6 medium size sterilized dressings;
(iii) 6 large size sterilized dressings;
(iv) 6 large size sterilized burn dressings;
(v) 6(15 gms.) packets sterilized cotton wool;
(vi) 1(60 ml.) bottle containing two percent alcoholic solution iodine;
(vii) 1(60 ml.) bottle containing slavolatils having the dose and mode of administration indicated on the level;
(viii) 1 roll of adhesive plaster;
(ix) A snake-bite lancet;
(x) 1(30 gms.) bottle of potassium permanganate crystals;
(xi) 1 pair scissors;
(xii) 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour Institute, Government of India;
(xiii) a bottle containing 100 tablets (each of 5 grains) of aspirin;
(xiv) Ointment for burns;
(xv) A bottle of a suitable surgical anti septic solution
Every first-aid box shall be in the charge of a responsible person who shall be readily available during working hours.
Where an establishment employs 150 or more contract labour, the person in charge of the first-aid box must be trained in first-aid treatment.
The wage period of contract labour shall not exceed one month.
In establishments where fewer than 1000 contract workers are employed, wages must be paid before the expiry of the seventh day after the last day of the wage period.
In establishments where 1000 or more contract workers are employed, wages must be paid before the expiry of the tenth day after the last day of the wage period.
Where the employment of any worker is terminated by or on behalf of the contractor, wages earned shall be paid before the expiry of the second working day from the date of termination.
Wages shall be paid on a working day at the work premises, during working hours, and on a date notified in advance. If work is completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day.
Wages due to every worker shall be paid directly to him or to another person authorised by him.
Wages shall be paid in current coin, currency notes, or both.
Wages shall be paid without deductions, except those specified by the State Government or permitted under the Payment of Wages Act, 1936.
A notice showing the wage period, place, and time of wage disbursement must be displayed at the workplace, and a copy must be sent by the contractor to the principal employer under acknowledgment.
The principal employer shall ensure that he or his authorised representative is present at the time and place of wage disbursement to verify proper payment.
The authorised representative of the principal employer shall record under his signature a certificate at the end of entries in the register of wages or wages-cum-muster roll in the prescribed format.
Contractors must maintain registers and records including Muster Roll, Register of Wages, Register of Deductions, Register of Overtime, Register of Fines, and Issue of Wage Advances. Where establishments are governed by the Payment of Wages Act or Minimum Wages Act, the registers maintained under those Acts shall be deemed as registers under these rules.
All registers and records must be maintained complete, up-to-date, and kept within the workplace premises or within three kilometres. They must be preserved in original for three years, legibly written in English or Gujarati. Registers, records, and notices must be produced on demand before inspectors. Where no fines, deductions, or overtime apply, a “nil” entry must be made at the end of the wage period in the prescribed registers.
Notices showing rate of wages, hours of work, wage periods, payment dates, names and addresses of inspectors, and dates of unpaid wage payments shall be displayed in English and Gujarati at conspicuous places in the establishment and worksite. Notices must be kept clean and legible.
Every establishment, contractor, or principal employer shall file the consolidated annual return in Annexure-V as prescribed under the Gujarat Labour Laws (Self Certification-cum-Consolidated Annual Return) Scheme, 2015. The return must be filed online between 15th January and 15th March every year, along with required documents.
If a contractor fails to pay wages within the prescribed period or makes short payment, the principal employer shall be liable to pay wages in full or the unpaid balance. The principal employer may recover the amount from the contractor either by deduction from any amount payable under a contract or as a debt.
A copy of the contractor’s licence shall be prominently displayed at the premises where contract work is being carried on.
Punishment and Penalties
General penalty under 24: Imprisonment for a term which may extend to 3 months or fine which may extend to Rs. 1000 or both.
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