Background
The Delhi Contract Labour (Regulation and Abolition) Rules, 1972 were framed under the Contract Labour (Regulation and Abolition) Act, 1970 to regulate the employment of contract labour in the Union Territory of Delhi. These rules provide detailed procedures for registration of establishments employing contract labour, licensing of contractors, working conditions, health and welfare provisions, and record-keeping requirements. The objective is twofold:
Applicability
The Rules apply to:
Every principal employer employing 20 or more contract workers or has employed 20 or more contract workers on any day of preceding 12 months and all such establishment covered under Delhi Contract Labour (Regulation and Abolition)Rules 1972
Compliance requirements under the Act
1. Certificate of registration under Contract Labour (R&A) Act (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 17, 21)
A principal employer /contractor is required to register under Contract Labour Act if at any time during the year, prescribed number of workmen are employed in the establishment/by the contractor respectively as contract labours.
An application for the registration of an establishment must be made in triplicate in Form I to the registering officer of the area where the establishment is located and should be accompanied by a treasury receipt showing payment of the registration fees. The application may be personally delivered or sent by registered post, and upon receipt, the registering officer shall note the date and issue an acknowledgment. Similarly, a contractor applying for a licence must submit the application in triplicate in Form IV to the licensing officer of the relevant area. This application must be accompanied by a treasury receipt showing payment of the licence fee as per Rule 26, a deposit of security as per Rule 24, and a certificate in Form V from the principal employer confirming the contractor’s engagement and the employer’s commitment to abide by the Act and rules. The application may also be personally delivered or sent by registered post, and the licensing officer will note the date of receipt and issue an acknowledgment.
2. Int to Registering Officer in case of change in particulars in Registration Certificate in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 18(4))
If, in relation to an establishment, there is any change in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer, within thirty days from the date when such charge takes place, the particulars of, and the reasons for such change.
3. Welfare and health facilities by principal employer in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 18,19 – Rule 40(1),(2))
Facilities required to he provided under sections 18 and 19 of the Act, namely sufficient supply or wholesome drinking water, a sufficient number of latrines and urinals, washing facilities and first-aid facilities shall be provided by the contractor in the case of the existing establishment within seven days of the commencement of these rules and in the case of new establishments within seven days of the commencement of the employment of contract labour. If any of the facility mentioned in sub-rule (1) is not provided by the contractor within the period prescribed the same shall be provided by the principal employer within seven days of the expiry of the period laid down in the said sub-rule.
4. Restrooms in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 17 – Rule 41(1),(2))
a)Separate rooms shall be provided for women employees. b)Effective and suitable provision shall be made in every room for securing and maintaining adequate ventilation by the every room circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting, c)The rest-room or rooms or other suitable alternative accommodation shall be of such dimensions so as to provide at least a floor area of 1.1 sq. metres for each person making use of the rest-room. d)The rest-room or rooms or other suitable alternative accommodation shall be so constructed as to afford adequate protection against heat, wind, rain and shall have smooth, hard and impervious floor surface. e)The rest-room or other suitable alternative accommodation shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water.
5. Canteen facilities by principal employer in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 16 – Rule 42)
The canteen shall be maintained by the contractor or principal employer, as the case may be, in an efficient manner.
6. Specifications of Canteen in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 16 – Rule 43(1),(2), 44)
(1)The canteen shall consist of at least a dining hall, kitchen, store room, pantry and washing places separately for workers and for utensils. (2) i.The canteen shall be sufficiently lighted at all times when any person has access to it. ii. The floor shall be made of smooth and impervious material and inside walls shall be lime-washed or colour-washed at least once in each year. Provided that the inside walls of the kitchen shall be lime-washed every four months. (3) A portion of the dining-hall and service counter shall be partitioned off and reserved for women workers, in proportion to their number (4) Washing places for women shall be separate and screened to secure privacy (5) Sufficient tables, stools, chairs or benches shall be available for the number of dinners to be accommodated
7. Sanitation specifications for Canteen in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 16 – Rule 43(3))
8. Availability of required equipment in Canteen of establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 16 – Rule 45)
Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained. (ii) A service counter, if provided, shall have top of smooth and impervious material. (iii) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.
9. Prices for foodstuffs,beverages served to be displayed in canteen in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 16 – Rule 46,47,48)
In arriving at the prices of foodstuffs and other articles served in the canteen the following items shall not be taken into consideration as expenditure, namely:- (a) the rent for the land and building; (b) the depreciation and maintenance charges for the building and equipment provided for in the canteen; (c) the cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils; (d) the water charges and other charges incurred for lighting and ventilation; (e) the interest on the amounts spent on the provision and maintenance of furniture and equipment provided for in the canteen.
10. Audit of the accounts of the canteen in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 16 – Rule 50)
The Labour Commissioner, Delhi may however approve of any other person to audit the accounts, if he is satisfied than it is not feasible to appoint a registered accountant and auditor in view of the site or the location of the canteen.
11. Provision of Latrines in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 18 – Rule 51)
Where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for every 25 males or females, as the case may be, up to the first 100, and one for every 50 thereafter.
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12. Privacy in latrines in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 18 – Rule 52)
Every latrine shall be under cover and so partitioned as to secure privacy and shall have a proper door and fastening.
13. Notice to be displayed outside latrines and urinals in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 18 – Rule 53)
The notice shall also bear the figure of a man or a woman, as the case may be.
14. Provision of Urinals in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 18 – Rule 54)
There shall be at least one urinal for male workers upto 50 and one for female workers upto fifty employed at a time. Provided that where the number of male or female workmen as the case may be, exceeds 500 it shall be sufficient if there is one urinal for every 50 males or females upto the first 500 and one for every 100 or part thereof thereafter.
15. Latrines and Urinals in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 18 – Rule 55,56)
(1)The latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment. (2) i. The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times. ii. Latrines and urinals other than those connected with a flush sewage system shall comply with the requirements of the public health authorities. (3) Water shall be provided by the means of tap or otherwise so as to be conveniently accessible in or near the latrine and urinals
16. Washing Facility in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 57)
(1)In every establishment coming within the scope of the Act adequate and suitable facilities for washing shall be provided and maintained for the use of contract labour employed therein. (2)Separate and adequate screening facilities shall be provided for the use of male and female workers. (3)Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition
17. First Aid Boxes to be maintained in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 19 – Rule 58)
In every establishment coming within the scope of the Act there shall be provided and maintained so as to be readily accessible during all working hours First-Aid Boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily employed.
18. Marking on first aid box by principal employer in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 19 – Rule 59(1))
The first-aid box shall be distinctively marked with a red cross on a white ground
19. Contents of First Aid Boxes where the Contract labour does not exceed 50 in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 19 – Rule 59 (1) (A), 60)
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 size sterilized dressings; (iv) 3 large sterilized burn dressings; (v) 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine; (vi) 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label; (vii) 1 snake-bite lancet; (viii) 1 (30 gms.) bottle of potassium permanganate crystals; (ix) 1 pair of scissors; (x) 1 copy of the First-Aid leaflet issued by the Director General, Factory Advice Service and Labour Institutes, 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 antiseptic solution. Nothing except the prescribed contents shall be kept in the First-Aid Box.
20. Contents of First Aid Boxes where Contract labour exceeds 50 in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 59 (1) (B), 60)
For establishments in which number of contract labour exceeds 50, each First-Aid Box shall contain 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 a two per cent alcoholic solution of iodine;(vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label; 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 Institutes, Government of India; xiii)A bottle containing 100 tablets (each of 5 grains) of aspirin; xiv)Ointment for bums; xv) A bottle of suitable surgical antiseptic solution. Nothing except prescribed contents shall be kept in First-Aid Box
21. In-Charge of the first-aid box in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 61)
The first-aid-box shall be kept in charge of a separate responsible person who shall always be readily available during the working hours of the establishment.
22. Trained persons to be in charge of first-aid-box in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 62)
A person in charge of the First-Aid Box shall be a person trained in First-Aid treatment, in establishments where the number of contract labour employed is 150 or more.
23. Fixation of Wage period in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 63)
The contractor shall fix wage periods in respect of which wages shall be payable.
24. Wage period not to exceed one month in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 64)
Wage period for contract workers should not exceed one month
25. Payment of wages to contract workers in establishment employing less than 1000 persons in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 65)
The wages of every person employed as contract labour in an establishment or by a contractor where less than 1000 such persons are employed shall be paid before the expiry of the seventh day.
26. Payment of wages to contractors in establishment employing 1000 or more contract workers in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 65)
The wages of every person employed as contract labour in an establishment or by a contractor where 1000 or more persons are employed shall be paid before the expiry of tenth day after the last day of the wage period.
27. Payment of wages to a worker on termination of his Employment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 66)
Where employment of any worker is terminated by or on behalf of the contractor the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated.
28. Payments to be made on a working day in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 67)
All payments of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wage period final payment shall be made within 48 hours of the last working day.
29. Wages to be paid directly to contract worker working in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 68)
Wages due to every worker shall be paid to him direct or to other person authorised by him in this behalf.
30. Currency of payment of wages to contractors by establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 69)
All wages shall be paid in current coin or currency or in both.
31. Deductions from wages by establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 70)
Wages shall be paid without any deduction of any kind except those specified by the Lt. Governor by general or special order in this behalf or permissible under the payment of wages Act, 1936 (4 of 1936).
32. Notice related to disbursement of wages to establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 71)
A notice showing the wage period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the Principal employer under acknowledgement.
33. Presence of authorised representative of the principal employer in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 72)
The Principal Employer shall ensure the presence of his authorised representative at the place and time of disbursement of wages by the contractor to workmen and it shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorised representative.
34.Entries to be made in wage register maintained by establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 73)
The authorised representative of the Principal employer shall record under his signature a certificate at the end of the entries in the register of wages or the wages- cum-Muster Roll, as the case may be in the format as specified in the rules.
35. Form III : Register of contractors by establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 74)
Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form III.
36. Form XII : Registers of persons employed in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 75)
Every contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form XII.
37. Form XIV : Employment Card to be issued to contract workers employed in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 76)
38. Form XV : Service Certificate by contractor deployed in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 77)
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.
39. Muster roll, wages registers, deduction register and overtime register in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 78(1))
In case of establishments which are governed by the Payment of Wages Act, 1936 or the Minimum wages Act, 1948 & rules thereunder, the following registers and records required to be maintained by the contractors as employer under those Acts and the rules shall be deemed to be registers and records to be maintained by the contractor under these rules: a. Muster Roll b. Register of Wages c. Register of Deductions d. Register of Overtime e. Register of Fines f. Issue Wage Advances
40. Form XVI: Muster Roll & Form XVII:Register of Wages & Form XVIII:Muster roll-cum-wages register (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 78(2) (a))
Every Contractor shall maintain a Muster Roll and a Register of Wages in Form XVI and XVII respectively. Provided that a combined muster roll-cum-wages register in Form XVIII shall be maintained by the Contractor where the wages period is a fortnight or less.
41. Form XIX : Wage Slips to be issued by contractor deployed in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 78(2) (b) ( c))
Signature or thumb-impression of every worker on the register of wages or wages-cum-muster roll as the case may be shall be obtained and entries therein shall be authenticated by the initials of the contractor or his representative, and duly certified by the authorities representative, of the principal employer as required by rule 73.
42. Forms XX, XXI, and XXII: Register of deduction, fine, advances (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 78(2) (d))
In respect of establishments not covered under Payment of Wages Act, 1936 or the Minimum wages Act, 1948 and Rules thereunder, Registers of deductions for damage or loss, Register of fines and Register of advances shall be maintained by every contractor in Forms XX, XXI, and XXII respectively.
43. Form XXIII : Register of Overtime (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 78(2) (e))
In respect of establishments not covered under Payment of Wages Act, 1936 or the Minimum wages Act, 1948 and Rules thereunder, aregister of overtime shall be maintained by every contractor in Form XXIII to record therein number of hours and wages paid for overtime work, if any.
44. Display of abstract of the act and the rules under Delhi CLRA (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 79)
Every contractor shall display an abstract of the Act and rules in English and Hindi and in the language spoken by the majority of workers in such form as may be approved by the Labour Commissioner, Delhi Administration, Delhi.
45. Place of keeping registers and other records for establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 80)
46. Display Notice of Wage Period, Wages and Hours of Work in establishment in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 81)
Notices displaying wage rates, working hours, wage periods, payment dates (including unpaid wages), and the names and addresses of the Inspectors having jurisdiction must be put up by the principal employer or contractor. These notices must be in English, Hindi, and the local language understood by most workers and displayed prominently at the establishment and worksite. They must be properly maintained in a clean and legible condition. Additionally, a copy of the notice must be sent to the Inspector, and any changes to the information must be promptly communicated to them.
47. Form XXIV : Half Yearly Return (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 82 (1))
Every contractor shall send half yearly return in Form XXIV (in duplicate) so as to reach the Licensing Officer concerned not later than 30 days from the close of the half year. Half year for the purpose of this rule means “a period of 6 months commencing from 1st January and 1st July of every year”
48. Form XXV : Annual Return (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 82 (2))
Every principal employer of a registered establishment shall send annually a return in Form XXV (in duplicate) so as to reach the Registering Officer concerned not later than the 15th February following the end of the year to which it relates.
49. Liability of principal employer in certain cases in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 20)
All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
50. Obligation of Principal Employer to make payment of wages to contract workers in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Section 21(4))
In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
51. Display of contractor’s license in Delhi (Delhi Contract Labour (Regulation And Abolition) Rules, 1972 – Rule 25(2)(ix))
A copy of contractor’s license shall be displayed prominently at the premises where contract work is carried on
Penalties & Punishment
U/s 23: Whoever contravenes any provision of this Act or of any rules made thereunder prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a licence granted under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention
U/s 24: If any person contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Conclusion
The Delhi Contract Labour (Regulation and Abolition) Rules, 1972 ensure that contract workers in the capital city are provided fair wages, safe working conditions, and statutory welfare facilities. By requiring registration and licensing, the rules create accountability for both principal employers and contractors. Ultimately, these rules aim to balance the flexibility of contract labour with protection against exploitation, while enabling the government to abolish such practices in unjustified cases.
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