Practical Guide to Contract Labour (Regulation and Abolition) Act and Rules

.............................................................................................................................
Description
Rapid globalization and heightened international competition now mean that labour market flexibility is an integral part of competitiveness and in this context contract workers have assumed importance. Contracting out the work has been wide spreading in India with Government as one of the biggest contract employer. Both the public and private sectors use the services of contractors in turn to get themselves workers and this exercise provides flexibility, efficient utilization of resources and improves their productivity while it boosts employment too. The Indian government promulgated the Contract Labour (Regulation & Abolition) Act, 1970 keeping in mind labour market conditions both before and after independence. The Act seeks not only to regulate contract labour but also provides for its abolition where the job is considered to be of perennial nature. But this Act, now in force for over five decades has not been satisfactorily enforced and has resultantly led to enormous litigation all around. Section 10 of the above Act deals with the provision of employment of contract labour. If the conditions prescribed in the said provision are satisfied, the appropriate Government may, in consultation with the Central Board or a State Board as the case may be, prohibit through notification in the Official Gazette, employment of contract labour in any process, operation or work in any establishment. It was made clear to the court that no notification relevant for the purpose of this case has been issued under section 10 of the Act, abolishing contract labour in such establishments. If that is the correct position, it follows that the contract labour, in question, does not stand abolished by issuance of appropriate notification under section 10 of the Act. If the conditions under section 10 are satisfied and a notification is issued abolishing the contract labour in the establishment of the type with which we are concerned in the case, there will be a legal consequence that flows from issuance of such notification in he abolition of such contract labour.
.............................................................................................................................
Contents
1.    Introductory
2.    Scheme of the Act
3.    Important Clarifications
4.    Obligations of Principal Employer/ Contractor
5.    Applicability of other Labour Laws upon Contract Labour
6.    When an Employee is a ‘Workmen’ or Not
7.    Essential Ingredients of an Agreement between Principle Employer and Contractor
8.    Model Agreements between Principle Employer and the Contractor
9.    Check-List
The Contract Labour (Regulation and Abolition) Act, 1970
    Chapter I - Preliminary
    Chapter II - The Advisory Boards
    Chapter III - Registration of Establishments Employing Contract Labour
    Chapter IV - Licensing of Contractors
    Chapter V - Welfare and Health of Contract Labour
    Chapter VI - Penalties and Procedure
    Chapter VII - Miscellaneous
The Contract Labour (Regulation and Abolition) Central Rules, 1971
    Chapter I - Rules
    Chapter II - Central Board
    Chapter III - Registration and Licensing
    Chapter IV - Appeals and Procedure
    Chapter V - Welfare and Health of Contract Labour
    Chapter VI - Wages
    Chapter VII - Registration and Records and Collections of Statistics
The Contract Labour (Regulation and Abolition) Central Rules, 1971- Construction and  Maintenance of Creches
Rules 1 - 10
Form A - B
Subject Inedx
.............................................................................................................................
Author Details
H.L. Kumar :  Advocate Supreme Court of India, Editor, Labour Law Reporter
Gaurav Kumar  :  MBA., LL.M., Advocate,
.............................................................................................................................