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
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 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”
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.
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.
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.
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”
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.
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.
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 …………”.
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.
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.
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.
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.
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.
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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