Background
The Rajasthan Contract Labour (Regulation and Abolition) Rules, 1971 were framed under the Contract Labour (Regulation and Abolition) Act, 1970 with the objective of regulating the employment of contract labour in establishments and providing safeguards for their welfare. These Rules lay down procedures for registration of establishments, licensing of contractors, conditions of service, health and safety provisions, and record-keeping. The intent is to prevent exploitation of contract labour while ensuring compliance with statutory standards of working conditions in Rajasthan.
The Rules apply to:
· Every establishment in Rajasthan where 50 or more contract labourers are employed or were employed on any day of the preceding 12 months.
Compliance requirements under the Rules
The certificate of registration shall be in Form No. II. A principal employer /contractor is required to register under Contract Labour Act if at any time during the year, 50 or more number of workmen are employed in the establishment/by the contractor respectively as contract labours
The principal employer of the establishment shall intimate to the registering officer, within 15 days from the date of any change in particulars of registration, and the reasons for such change
Contractor hired by the establishment should have a valid license issued by the authority for undertaking the contract labour work in the registered establishment
The number of workmen employed as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the license
The rates of wages payable to the workmen by contractor shall not be less than the rates prescribed under the Minimum ‘Wages Act, 1948 Central Act 11 of 1948) for such employment where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed
In every establishment where twenty or more women are ordinarily employed as a contract labour, there shall be provided two rooms of reasonable dimensions for the use of their children under the age of six years
Where conditions arise in an establishment requiring the employment of contract labour immediately for not more than 15 days, principal employer or contractor, as the case may be, may apply for a temporary certificate of registration or license to the Registering Officer or the Licensing Officer.
Principal Employer is required to give a certificate in Form No. V to the effect that he has establishment and that he undertakes to be bound by all the provisions of the Act and the rules made there under in respect of the employment of contract labour by the applicant.
Every principal employer is required to provide rest rooms or other suitable alternate accommodation if not provided by the contractor to the workers
Every principal employer is required to maintain canteen if not provided by the contractor to the workers if contract workers are likely to work for 6 months and wherein contract workers numbering 100 or more are employed in the establishment
The charge per portion of food stuff, beverages and any other item served in the canteen shall be conspicuously displayed in the canteen
The books of accounts and registers and other documents used in connection with the running of the canteen shall be maintained and produced on demand to an Inspector
The accounts pertaining to the canteen shall be audited once every 12 months by registered accounts and auditors
Wages of every worker shall be paid within end of following days from wage period: i. 3 days in case wage period is 1 week or 15 days ii. In other cases: a. 10 days: Number of workers exceed 1000 b. 7 days: Number of workers up to 1000
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 day succeeding the one on which his employment is terminated
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
The principal employer shall ensure the Presence of his authorized representative at the place and time 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
Every principal employer shall maintain in respect of each registered establishment a register of contactors in Form No. VIII.
Every contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form No. IX
Every contractor shall issue an employment card in Form No. X to each worker on the first day of the employment of the worker. The contractor shall ensure that the worker carries his employment card with him when employed on work
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 No. XI.
In respect of establishments, which are governed by the Payment of Wages Act and the rules made there under, or the Minimum Wages Act or the rules made thereunder, Muster Roll is required to be maintained by the contractor.
In respect of establishments, which are governed by the Payment of Wages Act and the rules made there under, or the Minimum Wages Act or the rules made thereunder, Register of Wages is required to be maintained by the contractor.
In respect of establishments, which are governed by the Payment of Wages Act and the rules made there under, or the Minimum Wages Act or the rules made thereunder, Register of Deductions is required to be maintained by the contractor.
In respect of establishments, which are governed by the Payment of Wages Act and the rules made there under, or the Minimum Wages Act or the rules made thereunder, Register of Overtime is required to be maintained by the contractor.
In respect of establishments, which are governed by the Payment of Wages Act and the rules made there under, or the Minimum Wages Act or the rules made thereunder, Register of Fines is required to be maintained by the contractor.
In respect of establishments, which are governed by the Payment of Wages Act and the rules made there under, or the Minimum Wages Act or the rules made thereunder, Register of Advances is required to be maintained by the contractor.
Every contractor shall issue wage slips in Form XV to the workers at least a day prior to the disbursement of wages.
Every contractor shall display an abstract of the Act and rules in English and. Hindi, in such form as may be approved by the Labour Commissioner and Deputy Secretary to Government of Rajasthan.
Every Contractor shall send half yearly return in Form XX (in duplicate) so as to reach the Licensing Officer concerned not later than 30 days from the close of the period.
Every principal employer of a registered establishment. shall send annually a return in Form XXI (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.
Principal Employer shall intimate the rates of wages or any changes there in to be paid to the contract workers to the authority
The establishment registered under contract labour act should have a canteen consisting of a dining hall which can accommodate at least 50% of the contract workers at a time.
There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. ii. the furniture, utensils and other equipment shall be maintained in a clean and hygienic condition.
35. Foodstuffs in conformity with normal habits of contract workers in Rajasthan (Section 16, Rule 46)
The foodstuff and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour
The charges for foodstuffs, beverages and any other items served in the canteen shall be based on ‘no profit, no loss’ and shall be conspicuously displayed in the canteen.
In arriving at the prices of foodstuffs and other articles served in the canteen the prescribed items shall not be taken into consideration as expenditure.
Latrines shall be provided in every establishment coming within the scope of the Act on the following scale, namely:- (a) Where females; are employed, there shall be at least one latrine for every 20 females; (b) Where males are employed, there shall be at least one latrine for every 20 male:
Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have proper door and fastenings.
Where workers of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice “For Men only” or “For Women Only”, as the case may be. The notice shall also bear the figure of a man or a woman, as the case may be.
There shall be at least one urinal for male workers unto 50 and one for female workers up to fifty employed at a time
The latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment, adequately lighted, maintained in a clean and sanitary condition at all times.
Adequate and suitable facilities for washing & screening shall be provided and maintained for the use of contract labour employed therein, conveniently accessible, clean and hygienic.
At least one first aid box for 150 contract workers or part thereof shall be provided & maintained, readily accessible during all working hours. The first-aid box shall be distinctively marked with a red cross on a white ground
For establishments in which the number of contract labour employed does not exceed fifty, the first aid box shall consists of the equipment’s as prescribed in Rule 58(1)(a)
Establishments in which the number of contract labour exceeds fifty shall contain the equipment’s as specified in Rule 59(1)(b)
The First-Aid Box shall be kept in charge of a responsible person who shall always be readily available during the working hours of the establishment.
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.
The contract shall fix wage periods in respect of which wages shall be payable which should not exceed one month.
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.
Wages due to every worker shall be paid to him direct or to other person authorised by him in this behalf.
Wages shall be paid without any deductions of any kind except those specified by the State Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936.
Principal Employer is required to check and confirm whether contractor has disbursed the wages to the contract workers in full, and is liable to make such payment to contract workers if not paid by the contractor
Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of the Inspector shall be displayed in English and in Hindi in conspicuous places at the establishment
Penalties & Punishments
Under Section 24: Imprisonment for a term which may extend to 3 months or fine which may extend to Rs. 1000 or both.
Conclusion
The Rajasthan Contract Labour (Regulation and Abolition) Rules, 1971 provide a comprehensive framework to regulate contract labour engagement, ensuring their welfare and preventing exploitation. Employers and contractors are required to obtain registration and licenses, maintain statutory records, and comply with provisions relating to wages, health, safety, and working conditions. For establishments in Rajasthan engaging contract labour, adherence to these Rules is not only a statutory obligation but also a safeguard against legal and reputational risks.
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