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CONTRACT LABOUR (REGULATION AND

ABOLITION) ACT 1970

by :
DR. T.K. JAIN
AFTERSCHO☺OL
centre for social entrepreneurship
sivakamu veterinary hospital road
bikaner 334001 rajasthan, india
afterschoool@in.com
mobile : 91+9414430763

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What is it

Under this law, contrat labour is regularised.


Every worker where 20 or more contract
labour are working, will have to get registered
under the law. The conractor will also be
registered. The government can order for
abolition of the contract system also and in that
case, the workers can request for regular
appointment as per Article 226 of constitution.
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Definitions
2(1)b: contract labout : appointment on
contract basis
2(1)c : contractor : who makes contract to give
results using contract labour
2(1)e: establishment : any place/ office / govt.
Department / factory etc.
2(1)g : principal employer : owner / occupier /
manager
2(1)i : workman : worker other than manager
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Authorities under the law

Central advisory board


state advisory board
registering officer

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Prohibition of contract labour

As per section 10, the central government can


prohibit employment of contract labour in
some industry. When the government realises
that in an industry, only regular employees
should be there, it can order for prohibition of
contract labour. Example : on 1/2/75, the govt.
Banned contract labour in coal mines.
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Case study : vegolis Pvt ltd 1971

After this law, only central govt. Can abolish


contract labour, not the tribunals.

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Case study : Gujarat Electricity
Board 1995

All undertakings must identify contract labours


and try to abolish contract labour as per sec.
10(2) a, and b.
Govt. Should also try to appoint a committee to
look into the matter and try to abolish contract
labour.

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Case study : Air India 1997

High cout can order industry to absorb


employees as regular employees, after
abolition of contract labour under the act.
Employees can also go to the court under
article 226 for regular employment after
contract labour has been abolished.

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Case study : SAIL 2001

The court held that employer cannot be asked


to absorb contract labour as regular employees.
Thus the court overruled its judgement of Air
India case.

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Licensing

Every company that wants to appoint contract


labour, will have to obtain licence for this. The
licencing authority will investigate the matter
and then give licence. The licence will be
issued only after investigation.

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Welfare of contract labour (sec.
16 to 21)

Every company which employs contract labour


will have to provide them canteen, rest rooms,
first aid failities, etc. If the workers dont get
their wages, they can claim it from principal
employer. The contractor will pay wages to
worker before a representative of principal
employer.
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Penalties

Sec. 23 provides that if the act is violated, there


may be penalty for 3 month imprisonment / Rs.
1000.

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Inspectors

Under the law, the inspectors are appointed,


who will inspect factories etc
every organisation will have to maintain
records regarding appointment of contract
labour as per sec. 29.

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