It is common knowledge that the Indian workforce is stuck in an unprecedented situation due to the Covid-19 outbreak. A large part of employees` jobs and lives are affected. (1) This Act may be referred to as the Contract Labour (Regulation and Abolition) Act, 1970. (2) It covers the whole of India. (3) It shall enter into force on such date as the Central Government may fix by publication in the Official Gazette and different dates may be fixed for different provisions of this Act. – 4. (a) Any establishment in which twenty or more workers have been employed or contracted on a day during the preceding twelve months. (b) to any contractor who employs or has employed twenty or more workers on any day of the preceding twelve months. The competent government may, after a period of at least two months, by publication in the Official Gazette, apply the provisions of this Law to all establishments or contractors employing fewer than twenty workers, as indicated in the notification.
5. (a) It shall not apply to establishments where only intermittent or casual work is carried out. (b) If the question arises as to whether the work performed in an establishment is temporary or accidental, the competent Government shall decide on the matter after consultation with the Central Council or, where appropriate, a State Committee, and its decision shall be final. Explanatory note: For the purposes of this paragraph, work performed on an establishment is not considered intermittent (i) if it has been performed for more than one hundred and twenty days in the preceding twelve months, or (ii) if it is seasonal in nature and is performed more than sixty days a year. Note: The Act came into force on 10 February 1971, see Note No. G.S.R. 190 of 1 February 1971, published in the Official Gazette of India, Extra., Part II, Section 3 (i), of 10 February 1971, p. 173.
– Validity.-Object and object of the law-The application of the law to construction work in progress does not constitute an unreasonable restriction of the right provided for in paragraph 1 (g) of the Act. The whole law is constitutional and valid. Gammon India Ltd. v. Union of India, 1974 SCC (L&S) 252. S.1- Applicability – If the dispute concerns the working conditions of the workers employed in the canteen of the factory managed by the company and there is no question of the abolition of contract labour, the dispute may be referred to the Labour Court for decision by Indian Explosives Ltd. v. condition of you. P., (1981) 1 LLJ 423 (all H.C.) The TopNOTES law does not violate §§ 14 and 15. Gammon India Ltd. v. Union of India, (1974) 1 SCC 596,603:1974 SCC (L&S) 252.2.
(1) In this Act, unless the context otherwise requires: (a) “appropriate government” means (i) in respect of an establishment for which the competent government is the central government under the Industrial Disputes Act 1947 (14 of 1947); (ii) in respect of any other establishment, the Government of the State in which that other establishment is situated. Art. 27. Prescription or prosecution.-No court shall have jurisdiction over an offence punishable under this Act unless the report is made within three months of the date on which an inspector became aware of the alleged offence, provided that, if the offence consists in disobeying a written order of an inspector: It may be reported within six months from the date on which the offence is alleged have been committed. (ii) keep a register of deductions for damage or loss, a register of fines and a register of advances on Forms XX, XXI and XXII respectively; (iii) keep a record of overtime on Form XXIII indicating, where applicable, the number of overtime hours and the wages paid for overtime. (b) Each contractor shall, if the wage period is one week or more, issue to workers pay slips on Form XIX at least one day before payment of wages; (c) Each contractor shall obtain the signature or thumbprint of the worker concerned against entries concerning him in the payroll register or the model roll and wage register, and such entries shall be authenticated by the initials of the employer or his authorized representatives and shall also be duly certified by the authorized representative of the principal employer in accordance with rule 73. 79. Each contractor must provide a summary of the Act and regulations in English and Hindi, as well as in the language spoken by the majority of employees, in the form approved by the Chief Commissioner of Labour (Central). 80. (1) All records and other records required by law and regulations shall be kept complete and up-to-date and, unless otherwise specified, kept in an office or in the nearest appropriate building in the areas of the workplace or at a location within a radius of three kilometres.
2. Such records shall be kept legibly in English or Hindi. 3. All records and other records shall be kept in the original for a period of three calendar years from the date of the last registration. (4) All records, records and notices kept in accordance with the Act or the regulations shall be made available to an inspector or other authority issued by law or to a person authorized for that purpose by the Central Government on request. 5. Where, during a pay period, no deductions or fines have been imposed, or where overtime has been worked, a “zero” mark shall be marked throughout the registration body at the end of the pay period, including a precise indication of the pay period to which the notation “zero” refers in the relevant records of Form XX. XXI or XXII.
