PUNJAB CONTRACT LABOUR (REGULATION AND ABOLITION) RULES 1973 1

1 · Short title commencement and extent. ―

2 · Definitions. ―

1 · Published in Punjab Gazette, L.S.Part III, dated 25.5.1973

4 · TERMS OF OFFICE. ―

1 · 2 [5. REGISTRATION.―

6 · CESSATION OF MEMBERSHIP. ―

7 · DISQUALIFICATION FOR MEMBERSHIP.―

8 · REMOVAL FROM MEMBERSHIP. ―

2 · Sub. by Noti.No. G.S.R.64/C.A. 37/70/S.35/Amd.(1)/76, dated 7.5.1976 (w.e.f. 18.6.76)

9 · VACANCY. ―

10 · STAFF. ―

11 · ALLOWANCES OF MEMBERS. ―

12 · DISPOSAL OF BUSINESS. ―

13 · MEETINGS. ―

14 · NOTICE OF MEETINGS AND LIST OF BUSINESS. ―

15 · Quorum.―

16 · COMMITTEES OF THE BOARD. ―

3 · (2) i)The Committee shall meet as such times and places as the Chairman of the said Committee may decide.

4 · [16-A. Notice of meeting of Committee.―

3 · Sub. by Noti.No. G.S.R.64/C.A. 37/70/S.35/Amd.(1)/76, dated 7.5.1976 (w.e.f. 18.6.1976)

4 · Added by ibid. (w.e.f. 18.6.1976).

17 · Manner of making application for registration of establishments.―

18 · Grant of certificate of registration.―

19 · Circumstances in which application for registration may be rejected.―

20 · Amendment of certificate of registration.―

21 · Application for a Licence.―

5 · Sub. by Noti.No. G.S.R.64/C.A. 37/70/S.35/Amd.(1)/76, dated 7.5.1976 (w.e.f. 18.6.76)

22 · Matters to be taken into account in granting or refusing a licence.―

23 · Refusal to grant licence.―

6 · [(1) On receipt of the application from the contractor, and as soon as possible thereafter, the licensing officer shall investigate or cause investigation to be made to satisfy himself about the correctness of the facts and particulars

6 · Sub. by Noti. No. G.S.R.64/C.A. 37/70/S.35/Amd.(1)/76, dated 7.5.1976 (w.e.f. 18.6.76)

24 · Security.―

8 · [Provided that where the contractor is a co-operative society, the amount deposited as security shall be at the rate of five rupees for each other of the workmen to be employed as a contract labour.]

9 · [(1-A) where the applicant for the licence was holding a licence in regard to another work and that licence had expired, the licensing officer, if he is of the view that any amount out of the security deposited in respect of that licence is to be directed to be refunded to the applicant under rule 31, may, on an application made for that purpose in Form V-A by the applicant adjust the amount so to be refunded towards the security required to be deposited in respect of the application for the new licence and the applicant need deposit, in such a case, only the balance amount, if any, after making such adjustment.]

10 · [The amount of security, or the balance amount, required to be deposited under sub-rule(1) or, as the case may be, under sub-rule (1-A)] shall be paid in the local treasury under the Head of Account 11 ["Sector K - Deposits & Advances Sub-Sector – (b) Deposits not bearing interest, Major Head-843, Civil Deposits, Minor head – Personal Deposits"]

25 · Forms and terms and conditions of licence. ―

7 · Substituted by Pb.Govt.Gaz. No. G.S.R./33/C.A.37/70/S.35/Amd(7)/2004 (w.e.f. 21.05.2004).

8 · added by Noti.No. G.S.R.64/C.A. 37/70/S.35/Amd.(1)/76, dated 7.5.1976 (w.e.f. 18.6.76).

9 · Ins. by Noti. No. G.S.R. 45/C.A. 37/70/S.35/Amd. (3)/80, dated 2.5.1980 (w.e.f. 16.5.1980).

10 · Subs. By ibid. (w.e.f. 16.5.1980).

11 · Noti. No. 3998-1Lab-II-77/13740 dt. 19.4.1977.

12 · [(viii) the licencee 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 VIA];

13 · [26.FEES: (1) The fees to be paid for the grant of a certificate of registration under Section 7 shall be as specified below: -

12 · Sub. by Noti.No. G.S.R.161/C.A. 37/70/S.35/Amd.(1)/79, dated 15.11.1979 (w.e.f. 23.11.1979).

13 · Substituted by Pb.Govt.Gaz. No. G.S.R./33/C.A.37/70/S.35/Amd(7)/2004 (w.e.f. 21.05.2004).

27 · Validity of the licence.―

28 · Amendment of the licence. ―

29 · Renewal of licence. ―

14 · Sub. by Noti. No. G.S.R.64/C.A. 37/70/S.35/Amd.(1)/76, dated 7.5.1976 (w.e.f. 18.6.76).

30 · Issue of duplicate certificate of registration or licence.―

31 · Refund of Security.―

32 · Grant of temporary certificate of registration and licence.―

15 · (6) The fees to be paid for the grant of the certificate of registration under subrule (3) shall be as specified below:

16 · (7) The fees to be paid for the grant of a licence under sub-rule (3) shall be as specified below:

33 · (1)(i) Every appeal under sub-section (1) of Section 15 shall be preferred in the form of a Memorandum signed by the applicant or his authorized agent and presented to the Appellate Officer in person or sent to him by registered post.

15 · Substituted by Pb.Govt.Gaz. No. G.S.R./33/C.A.37/70/S.35/Amd(7)/2004 (w.e.f. 21.05.2004).

16 · Substituted by Pb.Govt.Gaz. No. G.S.R./33/C.A.37/70/S.35/Amd(7)/2004 (w.e.f. 21.05.2004).

34 · (1) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) of rule 33 it may be rejected or returned to appellant for the purpose of being amended within a time to be fixed bys the Appellate Officer.

35 · If on the date fixed for hearing, the Appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant.

36 · (i) Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the re-admission of the appeal, and where it is proved that he was prevented bys any sufficient cause from appearing when the appeal was called on for hearing, the Appellate Officer shall restore the appeal on its original number.

37 · (1) If the appellant is present when the appeal is called on for the hearings, the Appellate Officer shall proceed to hear the appellant or by authorized agents and any other person summoned by him for this purpose, and pronounce judgment on the appeal, either confirming, reversing or varying the order appealed from.

38 · Payment of Fees.―

39 · Copies- Copy of the order of the Registering Officer, Licensing Officer or the Appellate Officer may be obtained on payment of fees of rupees two for each order on application specifying the date and other particulars the order, made to the officer concerned.

40 · (1) The facilities required to be provided under sections 18 and 19 of the Act, namely sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals, washing facilities and first-aid facilities, shall be provided by the contractor in the case of the existing establishments within seven days of the commencement these rules and in the case of new establishments within seven days of the commencement of the employment of contract labour therein.

41 · Rest rooms. ― (1) In every place wherein contract labour is required to halt at night in connection with the working of the establishment to which the Act applies and in which employment of contract labour is likely to continue for 3 months or more the contractor shall provide sand maintain rest rooms or other suitable alternative accommodation within fifteen days of the coming into force of the rules in the case of existing establishments, and within fifteen days of the commencement of the employment of contract labour in new establishment.

42 · Canteens. ― (1) In every establishment to which the Act applies and wherein work regarding the employment of contract labour is likely to continue for six months and wherein contract labour numbering one hundred or more are ordinarily employed and adequate canteen shall be provided by the contractor for the use of such contract labour within sixty days of the date of coming into force of the rules in the case of the existing establishments and within 60 days of the commencement of the employment of contract labour in the case of new establishments.

43 · (1) the canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and washing places separately for workers and for utensils.

44 · (1) the dining shall accommodate at a time at least 30 per cent of the contract labour working at a time.

45 · (1)(i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen.

46 · The foodstuff and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.

47 · 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.

48 · In arriving at the prices of foodstuffs and other articles served in the canteen the following items shall not be taken into consideration as expenditure, namely: -

49 · The books of accounts and registers and other documents used in connection with the running of the canteens shall be produced on demand to an Inspector.

50 · The accounts pertaining to the canteens shall be audited once every 12 months by registered accountants and auditors;

51 · Latrines and Urinals. ― Latrines shall be provided in every establishment coming within the scope of the Act on the following scale, namely:-

52 · Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have proper door and fastenings.

53 · (1) Where workers of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice in the language understood by the majority of the workers "For Men only" or "For Women Only", as the case may be.

54 · There shall be at least one urinal for male workers for every fifty male workers or a part thereof, and there shall be at least one urinal for every fifty female workers or a part thereof;

55 · (1) the latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment.

56 · Water shall be provided by the means of tap or otherwise so as to be conveniently accessible in or near the latrine and urinals.

57 · . Washing Facilities.― (1) every establishment coming within the scope of the Act adequate and suitable facilities for washing shall be provided and maintained for the use of contract labour employed therein.

58 · First-Aid Facilities. ― In every establishment coming within the scope of the Act there shall be provided and maintained so, as to be readily accessible during all working hours first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily employed.

59 · (1) The first-aid box shall be distinctively marked with a red cross on a white ground and shall contain the equipment hereinafter mentioned―

60 · Nothing except the prescribed contents shall be kept in the First-Aid Box.

61 · 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.

62 · 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.

63 · The contractor shall fix wage periods in respect of which wages shall be payable.

64 · No wage period shall exceed one month.

65 · The wages of every person employed as contract labour in an establishment or by a contractor where less than one thousand such persons are employed shall be paid before the expiry of the seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable.

66 · Where the 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 second working day from the day on which his employment is terminated.

67 · 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.

68 · Wages due to every worker shall be paid to him direct or to other person authorized by him in this behalf.

69 · All wages shall be paid in current coin or currency or in both.

70 · Wages shall be paid without any deductions of any kind except those specified by the Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936 (4 of 1936).

71 · 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.

72 · The principal employer shall ensure the presence of his authorized representative at the place and time of disbursement of wages by the contractor to workmen and it shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorized representative

73 · The authorized representative of the principal employer shall record under his signature a certificate at the end of the entries in the Register of Wages or the Register of Wages-cum-Muster Roll, as the case may be, in the following form:

74 · Register of contractors . ― Every principal employer shall maintain in respect of each registered establishment a register of contractor in Form XII.

75 · Register of persons employed.― Every contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form XIII.

76 · Employment Card.― (i) Every contractor shall issue an employment card in Form XIV to each worker within three days of the employment of the worker.

77 · Service Certificate. ― 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 XV.

78 · Master Roll, Wages Registers, Deduction Register and Overtime Register.(1)(a) Every Contractor shall in respect of each work on which he engages contractor labour,-

79 · Every contractor shall display an abstract of the Act and rules in English, Hindi and Punjabi in the language spoken by the majority of workers in such form as may be approved by the Labour Commissioner, Punjab.

80 · (1) All registers and other records, required to be maintained under the Act and rules, shall be maintained complete and up-to-date, and, unless otherwise provided for, shall be kept at an office or the nearest convenient building within the precincts of the workplace or at a place within a radius of three kilometers.

81 · (1) (i) Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of the Inspector having jurisdiction and

82 · (1) every contractor shall send half yearly returns in Form, XXIV (in duplicate) so as to reach the Licensing Officer concerned not later than 30 days from the close of the half year.

83 · (1) The Board, Committee, Labour Commissioner, Punjab or the Inspector or any other authority under the Act shall have powers to call for any information or statistics in relation to contract labour from any contractor or principal employer at any time by an order in writing.

4 · The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the Schedule of employment under the Minimum Wages, Act, 1948, where applicable, and where the rate have been fixed by agreement, settlement or award, not less than the rates fixed

11 · Whether the following have been provided-