CONTRACT LABOUR (REGULATION & ABOLITION) ACT
Registration of Establishments employing Contract Labour
Section 10: Prohibition of employment of contract labour
(1)
Notwithstanding anything contained in this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment.
(2)
Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as:
- whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment ;
- whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment ;
- whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto ;
- whether it is sufficient to employ considerable number of whole-time workmen.
Explanation.- If a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate Government thereon shall be final.
STATE AMENDMENT
Andhra Pradesh.
For section 10, substitute the following section, namely:
“ 10. Prohibition of employment of contract labour. —
For section 10, substitute the following section, namely:
“ 10. Prohibition of employment of contract labour. —
(1)
Notwithstanding anything contained in this Act, employment of contract labour in core activities of any establishment is prohibited:
Provided that the principal employer may engage contract labour or a contractor to any core activity, if:
Provided that the principal employer may engage contract labour or a contractor to any core activity, if:
- the normal functioning of the establishment is such that the activity is ordinarily done through contractors; or
- the activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be;
- any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time.
(2)
[Vide Contract Labour (Regulation and Abolition) (Andhra Pradesh) (Amendment) Act, 2003 (Andhra Pradesh Act 10 of 2003), sec. 4]
Designated Authority.
- The appropriate Government may by notification in the Official Gazette appoint a designated authority to advise them on the question whether any activity of a given establishment is a core activity or otherwise;
- If a question arises as to whether any activity of an establishment is a core activity or otherwise, the aggrieved party may make an application in such a form and manner as may be prescribed, to the appropriate Government for decision;
- The appropriate Government may refer any question by itself or such application made by any aggrieved party, to the designated authority, which shall forward the report based on relevant material or inquiry within the prescribed period, and the Government shall decide within the prescribed period.
Maharashtra.
In section 10, in sub-section (1), after the words “Notwithstanding anything contained in this Act”, insert the words “but, subject to the provisions of clause (c) of sub-section (5) of section 1”.
[Vide The Contract Labour (Regulation and Abolition) (Maharashtra Amendment) Act, 2005 (Maharashtra Act 13 of 2006), sec. 3 (w.e.f. 2-5-2006).]
In section 10, in sub-section (1), after the words “Notwithstanding anything contained in this Act”, insert the words “but, subject to the provisions of clause (c) of sub-section (5) of section 1”.
[Vide The Contract Labour (Regulation and Abolition) (Maharashtra Amendment) Act, 2005 (Maharashtra Act 13 of 2006), sec. 3 (w.e.f. 2-5-2006).]