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A curated and categorised database of common questions regarding the law.


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APPLICABILITY

1 Do all establishments have to be registered under Contract Labour (Regulation and Abolition) Act ?


Every principal employer of an establishment which employs 20 or more contract workers has to register under this Act.

The Act is not applicable to establishments performing work only of an intermittent or casual nature.

Work is deemed to be of an intermittent nature if it is of a seasonal character and is performed for not more than 60 days in a year, or in other cases if it was performed for not more than 120 days in the preceding 12 months
2 Do all establishments have to be registered under Contract Labour (Regulation and Abolition) Act ?


Every principal employer of an establishment which employs 20 or more contract workers has to register under this Act.

The Act is not applicable to establishments performing work only of an intermittent or casual nature.

Work is deemed to be of an intermittent nature if it is of a seasonal character and is performed for not more than 60 days in a year, or in other cases if it was performed for not more than 120 days in the preceding 12 months
3 Do all contractors have to be licenced under Contract Labour (R and A) Act

A labour licence is required under the Act for every vendor who has more than 20 employees at a registered site
4 Do all contractors have to be licenced under Contract Labour (R and A) Act

A labour licence is required under the Act for every vendor who has more than 20 employees at a registered site
5 Is the Contract Labour Act always applicable when jobs and services are outsourced?

When services outsourced are carried out in some other premises not being premises of the principal employer, Contract Labour Act will not apply.
6 Is the Contract Labour Act always applicable when jobs and services are outsourced?

When services outsourced are carried out in some other premises not being premises of the principal employer, Contract Labour Act will not apply.
7 What is appropriate Government ? Is the appropriate government the state or the central government ?


Appropriate Government means –
i) in relation to any Industrial Disputes concerning any industry
  • carried on by or under the authority of the Central Government
  • or by a railway Company
  • or concerning any such controlled industry as may be specified in this behalf by the central Government
  • or concerning a Dock Labour Board
  • or and nbsp; the Industrial Finance Corporation of India Limited ,
  • or the Employees State Insurance Corporation or the Board of Trustees of the Coal Mines Provident Fund and Miscellaneous Provisions Actor the Central Board of Trustees and the State Board of Trustees of the Employees Provident Fund and Miscellaneous provisions Act, 1952,
  • or the Life Insurance Corporation of India
  • or [the Oil and Natural Gas Corporation Limited
  • or the Deposit Insurance and Credit Guarantee Corporation
  • or the Central Warehousing Corporation
  • or the Unit Trust of India
  • or the Food Corporation of India
  • or a Board of Management established for two or more contiguous states the Food Corporations Act, 1964,
  • or [the Airports Authority of India
  • or a Regional Rural Bank established
  • or the Export Credit and Guarantees Corporation Limited
  • or the Industrial Reconstruction Bank of India Limited
  • or [the Banking Service Commission
  • or an air transport service,
  • or a banking or an insurance company,
  • a mine,
  • an oil-field],
  • a Cantonment Board,
  • or a major port, and nbsp;
the Central Government,

and
ii) in relation to any other Industrial Dispute, the State Government..
8 What is appropriate Government ? Is the appropriate government the state or the central government ?


Appropriate Government means –
i) in relation to any Industrial Disputes concerning any industry
  • carried on by or under the authority of the Central Government
  • or by a railway Company
  • or concerning any such controlled industry as may be specified in this behalf by the central Government
  • or concerning a Dock Labour Board
  • or and nbsp; the Industrial Finance Corporation of India Limited ,
  • or the Employees State Insurance Corporation or the Board of Trustees of the Coal Mines Provident Fund and Miscellaneous Provisions Actor the Central Board of Trustees and the State Board of Trustees of the Employees Provident Fund and Miscellaneous provisions Act, 1952,
  • or the Life Insurance Corporation of India
  • or [the Oil and Natural Gas Corporation Limited
  • or the Deposit Insurance and Credit Guarantee Corporation
  • or the Central Warehousing Corporation
  • or the Unit Trust of India
  • or the Food Corporation of India
  • or a Board of Management established for two or more contiguous states the Food Corporations Act, 1964,
  • or [the Airports Authority of India
  • or a Regional Rural Bank established
  • or the Export Credit and Guarantees Corporation Limited
  • or the Industrial Reconstruction Bank of India Limited
  • or [the Banking Service Commission
  • or an air transport service,
  • or a banking or an insurance company,
  • a mine,
  • an oil-field],
  • a Cantonment Board,
  • or a major port, and nbsp;
the Central Government,

and
ii) in relation to any other Industrial Dispute, the State Government..
9 Who is a contractor ?

A person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor.
10 Who is a contractor ?

A person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor.
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