Haryana Contract Labour (Regulation And Abolition) Rules, 1975

Background:

The Haryana Contract Labour (Regulation And Abolition) Rules, 1975 were framed by the Government of Haryana 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 Haryana while ensuring accountability of employers and contractors.

Applicability:

Haryana Contract Labour (Regulation And Abolition) Rules, 1975

(a) to every establishment in which fifty 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 fifty 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 Rules in accordance with the Act

  1. Certificate of Registration under Contract Labour (R&A) Act (Section 7, Rule 17, 21)
    The application under Section 7(1) for establishments existing before commencement of these rules shall be filed in triplicate in Form I within 30 days. For new establishments, the application must be filed within 15 days of coming into existence with the registering officer. The registration certificate issued under Section 7(2) shall be in Form 2 and include details such as name and address of the establishment, maximum number of contract labour, type of business, and other relevant particulars.

Rule 18: The certificate of registration granted under sub-section (2) of Section 7 shall be in Form 2. Every Certificate of registration granted under sub-section 2 of Section 7 shall contain the following particulars namely:-

    • the name and address of the establishment;
    • the maximum number of workmen employed as contract labour in the establishment;
    • the type of business, trade, industry, manufacture· or occupation which is carried on in the establishment;
    • such other particulars as may be relevant to the employment of contract labour in the establishment.

The application for the certificate of registration shall be made in triplicate in Form I and accompanied by a treasury receipt showing payment of fees. It shall be 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. When applying for a licence, the application must include a Form V certificate from the principal employer. This certificate confirms that the applicant (contractor) has worked for the employer and that the employer agrees to comply with all relevant laws and regulations regarding contract labour as they apply to him as the principal employer. Every licence granted under Rule 23 shall be in Form VI. Every licence granted under Rule 25 shall remain in force for the period mentioned in Form V.

Section 13:- Every licence granted or renewed shall remain in force upto the 31st December of the year for which the licence is granted or renewed.

Rule 29: Application for renewal to be made in Form 7 in triplicate

Rule 32: Grant of temporary certificate of registration and licence”

  1. Intimation of Changes in Particulars Specified in Certificate of Registration issued under CLRA (Rule 18(4))

Any change in particulars mentioned in the registration certificate must be intimated by the principal employer to the registering officer within thirty days of such change, along with reasons.

  1. Welfare and Health Facilities by Principal Employer in Haryana (Section 18, 19, Rule 40(1),(2))
    The contractor must provide facilities like wholesome drinking water, latrines, urinals, washing and first-aid facilities within 30 days of commencement of rules or employment. If not provided, the principal employer must arrange the same within 15 days after the contractor’s time limit.
  2. Provision of Restrooms in Haryana (Section 17, Rule 41(1),(2))
    If contract labour is required to stay at night and employment continues for 90 days or more, the contractor must provide restrooms or alternative accommodation within fifteen days. For new establishments, the same timeline applies from commencement of employment. If not done, the principal employer must provide within fifteen days after expiry of the contractor’s time.
  3. Canteen Facilities by Principal Employer in Haryana (Section 16, Rule 42)
    Where work continues for six months or more and one hundred or more contract workers are employed, the contractor must provide a canteen within sixty days. If the contractor fails, the principal employer must provide it within sixty days of expiry of contractor’s time. The canteen shall be efficiently maintained.
  4. Accommodation in Canteen in Haryana (Section 16, Rule 43(1),(2),(3))
    The canteen shall include dining hall, kitchen, store, pantry, and separate washing places for workers and staff. It must be sufficiently lighted, floors smooth and impervious, and walls lime-washed or colour-washed at least once a year.
  5. Accommodation in Dining Hall for Contract Workers in Haryana (Section 16(1), Rule 44)
    The dining hall must accommodate at least 30% of contract labour working at a time. The floor area per person (excluding counters and furniture) must not be less than one square metre.
  6. Availability of Required Equipment in Canteen of Establishment in Haryana (Section 16, Rule 45)

Sufficient utensils, crockery, cutlery, furniture, and other equipment must be provided for efficient functioning of the canteen, with proper cleanliness. Employees working in the canteen must be provided with suitable clean clothes.

  1. Prices to be Displayed in Canteen in Haryana (Section 16, Rule 46)
    Food, beverages, and other items served in the canteen shall be supplied on a no-profit-no-loss basis, and the prices must be conspicuously displayed.
  2. Food Stuffs to be Served in Canteen in Haryana (Section 16, Rule 47)
    Food and other items served in the canteen must conform to the normal eating habits of the contract workers.
  3. Calculation of Prices of Food Stuff and Other Articles Served in Canteen in Haryana (Section 16, Rule 48)

In fixing prices of food and articles served, certain costs shall not be considered: rent, depreciation and maintenance of building and equipment, purchase and replacement of equipment, water, lighting, ventilation charges, and interest on amounts spent for provision and maintenance.

  1. Audit of the Accounts of the Canteen in Haryana (Section 16, Rule 50)
    Canteen accounts shall be audited once every 12 months by a registered accountant and auditor.
  2. Latrines and Urinals in Haryana (Section 18, Rule 51)
    Latrines shall be provided in every establishment on the following scale: at least one latrine for every 25 or fewer females where women are employed, and at least one latrine for every 25 or fewer males where men are employed.
  3. Privacy in Latrines in Haryana (Section 18, Rule 52)
    Every latrine must be under cover, properly partitioned to secure privacy, and fitted with proper doors and fastenings.
  4. Notice to be Displayed Outside Latrines and Urinals in Haryana (Section 18, Rule 53)
    In establishments employing both sexes, each block of latrine and urinal shall display a notice in the majority language of workers stating “For men only” or “For women only,” along with a respective figure for clarity.
  5. Urinals in Establishment in Haryana (Section 18, Rule 54)
    There shall be at least one urinal for every fifty male workers and one for every fifty female workers employed at a time.
  6. Situation of Latrines and Urinals in Establishment in Haryana (Section 18, Rule 55(1),(2))
    Latrines and urinals must be conveniently located, accessible to workers at all times, adequately lighted, and maintained in clean and sanitary condition. Where not connected with a flush sewage system, they shall comply with requirements of public health authorities.
  7. Provision of Water for Latrines and Urinals in Haryana (Section 18, Rule 56)
    Adequate water must be provided through taps or other means in or near the latrines and urinals for easy accessibility.
  8. Washing Facilities in an Establishment in Haryana (Section 18, Rule 57)
    Every establishment must provide adequate and suitable washing facilities, with separate screened arrangements for male and female workers. These facilities must be conveniently accessible and maintained in a clean, hygienic condition.
  9. First Aid Boxes to be Maintained in Establishment in Haryana (Section 19, Rule 58)
    First-aid boxes must be provided and maintained at the rate of not less than one box per 150 contract labour or part thereof, readily accessible during all working hours.
  10. Marking on First Aid Box by Principal Employer in Haryana (Section 19, Rule 59(1))
    Each first-aid box shall be distinctly marked with a red cross on a white ground.
  11. Contents of First Aid Boxes Where Contract Labour Does Not Exceed Fifty in Haryana (Section 19, Rule 59(1)(A), 60)

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”

  1. Contents of First Aid Boxes Where Contract Labour Exceeds Fifty in Haryana (Section 19, Rule 59(1)(B), 60)

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”

  1. In-Charge of the First-Aid Box in Establishment in Haryana (Section 19, Rule 61)
    The first-aid box shall be placed in charge of a responsible person who is readily available during working hours.
  2. Trained Persons to be in Charge of First-Aid Box in Haryana (Section 19, Rule 62)
    In establishments employing 150 or more contract labour, the person in charge of the first-aid box must be trained in first-aid treatment.
  3. Fixation of Wage Period in Haryana (Section 21, Rule 63)
    The contractor shall fix wage periods in respect of which wages shall be payable.
  4. Wage Period Not to Exceed One Month in Haryana (Section 21, Rule 64)
    No wage period shall exceed one month.
  5. Payment of Wages in Establishments Employing Less Than 1000 Contract Workers in Haryana (Section 21, Rule 65)
    In establishments employing fewer than 1000 contract labour, wages must be paid before the expiry of the seventh day after the last day of the wage period.
  6. Payment of Wages in Establishments Employing 1000 or More Contract Workers in Haryana (Section 21, Rule 65)

Where 1000 or more contract labour are employed, wages must be paid before the expiry of the tenth day after the last day of the wage period.

  1. Payment of Wages on Termination of Employment in Haryana (Section 21, Rule 66)
    When the employment of any worker is terminated, the wages earned must be paid before the expiry of the second working day from the date of termination.
  2. Payments to be Made on a Working Day in Haryana (Section 21, Rule 67)
    All wage payments shall be made on a working day, during working hours, at the work premises, and on a pre-notified date. Where work is completed before expiry of the wage period, final wages must be paid within 48 hours of the last working day.
  3. Wages to be Paid Directly to Contract Workers in Haryana (Section 21, Rule 68)
    Wages shall be paid directly to the worker or to a person authorized by him in this behalf.
  4. Deductions from Wages in Haryana (Section 21, Rule 69)
    Wages shall be paid without any deductions except those authorized by the State Government or permissible under the Payment of Wages Act, 1936.
  5. Notice Related to Disbursement of Wages in Haryana (Section 21, Rule 70)
    A notice showing wage period, place, and time of wage disbursement must be displayed at the workplace, and a copy must be sent to the principal employer under acknowledgment.
  6. Presence of authorised representative of the principal employer in Haryana (Section 21, Rule 71)

The principal employer shall ensure the presence of his authorized representative at the place and time of disbursement of wages by the contractor to workmen. It shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorized representative.

  1. Entries to be made in wage register maintained by establishment in Haryana (Section 21, Rule 72)

Entries denoting the time and place of payment of wages and the payment actually made shall be recorded in the register of wages simultaneously as the payments are made. The authorized representative of the principal employer shall certify under his signature at the end of entries in the register of wages or the register of wages-cum-muster roll, as the case may be, in the following form:

“Certified that the amount shown in column No. ………… has been paid to the workman concerned in my presence on ………… at …………”.

  1. Form 8: Register of contractors by establishment in Haryana (Section 29, Rule 73)
    Every principal employer shall maintain in respect of each registered establishment a register of contractors and the progress of contract work in Form 8.
  2. Form 9: Registers of persons employed in establishment in Haryana (Section 29, Rule 74)
    Every contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form 9.
  3. Form 10: Employment Card to be issued to contract workers employed in establishment in Haryana (Section 29, Rule 75)
    Every contractor shall issue an employment card in Form 10 to each worker on the first day of employment. The card shall be maintained up to date and any change in the particulars shall be entered therein.
  4. Form 11: Service Certificate on termination of employment of contract workers in Haryana (Section 29, Rule 76)

On the termination of employment for any reason whatsoever, the contractor shall issue to the workman whose services have been terminated a service certificate in Form 11.

  1. Form 12 & 13 or 14: Muster Roll and Register of Wages and Combined Register in Haryana (Section 29, Rule 77(1)(a)(i), 77(1)(c), 77(1)(d))

Every contractor shall in respect of each work on which he engages contract labour maintain a Muster Roll and Register of Wages in Forms 12 and 13 respectively. A combined Register of Wage-cum-Muster Roll in Form 14 shall be maintained where the wage period is fortnightly or less. Contractors shall obtain signatures or thumb-impressions of workers against entries in these registers, authenticated by the contractor or his authorized representative, and certified by the representative of the principal employer. Where establishments are covered under the Payment of Wages Act or Minimum Wages Act, the registers maintained under those laws shall be deemed sufficient. A contractor may also use combined or alternative forms, such as mechanized payrolls, if approved in advance by the Labour Commissioner, Haryana.

  1. Form 16: Register of Deductions for damage or loss in Haryana (Section 29, Rule 77(1)(a)(ii))
    Every contractor shall in respect of each work on which he engages contract labour maintain a Register of Deductions for damage or loss in Form 16.
  2. Form 17: Register of Fines in Haryana (Section 29, Rule 77(1)(a)(ii))
    Every contractor shall in respect of each work on which he engages contract labour maintain a Register of Fines in Form 17.
  3. Form 18: Register of Advances in Haryana (Section 29, Rule 77(1)(a)(ii))
    Every contractor shall in respect of each work on which he engages contract labour maintain a Register of Advances in Form 18.
  4. Form 19: Register of Overtime in Haryana (Section 29, Rule 77(1)(a)(iii))
    Every contractor shall in respect of each work on which he engages contract labour maintain a Register of Overtime in Form 19, recording therein the number of hours and wages paid for overtime work, if any.
  5. Form 15: Issue of wage slip in Haryana (Section 29, Rule 77(1)(b))
    Every contractor shall, where the wage period is one week or more, issue wage slips in Form 15 to the workmen at least a day prior to the disbursement of wages.
  6. Display of abstract of the Act and the rules in Haryana (Section 29, Rule 78)
    Every contractor shall display an abstract of the Act and rules in English, Hindi, and in the language spoken by the majority of workers, in such form as may be approved by the Labour Commissioner.
  7. Place of keeping registers and other records for establishment in Haryana (Section 29, Rule 79)

All registers and other records required to be maintained under the Act and rules shall be complete, up-to-date, and kept at an office or building within the precincts of the workplace or within a radius of three kilometres. Registers shall be maintained legibly in English or Hindi, preserved in original for three years from the date of last entry, and where no deduction, fine, advance, or overtime exists during a wage period, “nil” entries shall be made.

  1. Display Notice of Wage Period, Wages and Hours of Work in establishment in Haryana (Section 29, Rule 80)

Notices displaying wage rates, working hours, wage periods, payment dates, details of the inspector, and dates for unpaid wage payments must be displayed prominently at the worksite by the principal employer or contractor. These notices must be in English, Hindi, and the local language understood by the majority of workers. They should be properly maintained in a clean and legible condition. A copy of the notice must be sent to the inspector, and any changes to the information must be communicated to the inspector immediately.

  1. Form 20: Half yearly Return in Haryana (Section 35(2)(n), Rule 81(1))
    Every contractor shall send half yearly returns in Form 20 (in duplicate) so as to reach the Licensing Officer concerned not later than thirty days from the close of the half year.
  2. Form 21: Annual Return in Haryana (Section 35(2)(n), Rule 81(2))
    Every principal employer of a registered establishment shall send annually a return in Form 21 (in duplicate) so as to reach the registering officer concerned not later than the fifteenth of February following the end of the year to which it relates.
  3. Form 6-B: Return for commencement and completion of each contract work in Haryana (Section 35(2)(n), Rule 81(3))

Every principal employer shall, within a period of fifteen days of the commencement and completion of each contract work under each contractor, submit a return to the Inspector appointed under Section 28 of the Act intimating the actual dates of commencement or completion of such contract work in Form 6-B.

  1. Display of licence copy by Contractor in Haryana (Rule 25(x))
    A copy of the licence (Form 6) shall be displayed prominently at the premises where the contract work is being carried on.
  2. Liability of principal employer in certain cases in Haryana (Section 20)
    If any amenity required to be provided under Sections 16, 17, 18, or 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the prescribed time, such amenity shall be provided by the principal employer within such time as may be prescribed. All expenses incurred by the principal employer in providing the amenity may be recovered from the contractor either by deduction from amounts payable under any contract or as a debt payable by the contractor.
  3. Wages paid by contractor to contract workers in establishment in Haryana (Section 21(4))
    In case the contractor fails to make payment of wages within the prescribed period or makes short payment, 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. The amount so paid may be recovered from the contractor either by deduction from any amount payable under any contract or as a debt payable by the contractor.

Penalties & Punishments

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.

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