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Contract Labor (Regulation and Abolition) Act, 1970


25. Forms and terms and conditions of license

(1) Every license granted under sub-section (1) of section 12 shall be in Form VI.

(2) Every license granted under sub-rule (1) or renewed under Rule 29 shall be subject to the following conditions, namely-

(i) the license shall be non-transferable;

(ii) the number of workmen employed as contract labor in the establishment shall not, on any day, exceed the maximum number specified in the license;

(iii) save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the license shall be non-refundable;

(iv) the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948 (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;

(v) (a) in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work:

PROVIDED that in the case of any disagreement with regard to the type of work the same shall be decided by the Chief Labor Commissioner (Central) 10[* * *];

(b) in other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Chief Labor Commissioner (Central);

Explanation: While determining the wage rates, holidays, hours of work and other conditions of service under (b) above, the Chief Labor Commissioner shall have due regard to the wage rates, holidays, hours of work and other conditions of service obtaining in similar employments ;

(vi) (a) in every establishment where twenty or more women are ordinarily employed as contract labor, there shall be provided two rooms of reasonable dimensions for the use of their children under the age of six years;

(b) one of such rooms shall be used as a play-room for the children and the other as bedroom for the children;

(c) the contractor shall supply adequate number of toys and games in the play-room and sufficient number of cots and bedding in the sleeping-room;

(d) the standard of construction and maintenance of the creches shall be such as may be specified in this behalf by the Chief Labor Commissioner (Central);

(vii) the licensee shall notify any change in the number of workmen or the conditions of work to the licensing officer;

11[(viii) the licensee shall, within fifteen days of the commencement and completion of each contract work submit a return to the inspector, appointed under section 28 of the Act, intimating the actual date of the commencement or, as the case may be, completion of such contract work in Form VI-A];

5[(ix) a copy of the license shall be displayed prominently at the premises where the contract work is being carried on];

12[(x) no female contract labor shall be employed by any contractor before 6.00 a.m. or after 7.00 P.M.:

PROVIDED that this clause shall not apply to the employment of women in pithead baths, creches and canteens and as to midwives and nurses in hospital and dispensaries.]



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