Indian
Institute of Technology Kanpur
Director’s
Office
DIR/IITK/2007/
Office
Order
In the recent
past there have been several concerns expressed on the issue of welfare
of the Contract Labour engaged and supervised by the contractors who
have been entrusted with the contracts by the Institute.
The undersigned
alongwith the concerned team of Institute officials visited several
sites and held / conducted several interactive sessions with the contract
labour, contractors, faculty members, officers and other stakeholders.
Based on
the wider level deliberations, the Institute wishes to reiterate its
stand on the policy issues related to contract work-force duly stressing
the welfare and the statutory obligations. A detailed document with
operational procedures in this regard vide Annexure I is attached
along with this office order. Further, the following guidelines
are reiterated for strict compliance by the contractors and all the
concerned in the Institute in a time bound manner. All the Institute
administrators shall strictly ensure implementation and compliance of
these statutory provisions by the contractors / concerned incumbents
without fail.
- The Government
of India’s guidelines and the statutory provisions for protection
of the interests of the contract workforce engaged and supervised by
the contractors of the projects / work assignments shall be followed
in toto by the contractors without any deviation. A synopsis of the
statutory provisions for the information of the IWD, Institute’s administrators,
contractors and all others concerned as Annexure -II.
- An undertaking
to the effect that all statutory compliance will be ensured by the contractors
shall be submitted by them by September 30, 2007. A compliance
report shall be submitted by all the administrators, Superintending
Engineer IWD/DOSA/Registrar on completion of the exercise by October
5, 2007.
- The entire work-force
engaged and supervised by the contractors shall be ensured of payment
of Minimum Wages as applicable as per the statutory provisions from
time to time. The payment of wages shall be made in the presence of
representatives of the MWMC of the institute. (The details of
the processes adopted are provided in Annexure I) Any deviation
by the contractor shall be viewed seriously and necessary penal clauses
shall be invoked as per the Law and the agreement. At every major work-spot
the rates of minimum wages in force shall be displayed invariably.
- The contractor
shall issue the multipurpose employment cum attendance
card on monthly basis to all the workers employed by him/her and
shall maintain the records as per the statutory provisions. Details
in this regard are provided in Annexure I.
All the contractors should comply with this order at the earliest but
not latter than September 30, 2007. A compliance report be submitted
by all the Administrators, SE, IWD/ DOSA/Registrar by October 15, 2007.
- Any complaint
related to payment or taking the money back after payment of wages
shall be examined according to the grievance redressal mechanism elaborated
in Annexure I. Wherever possible, the wages shall be paid by
a crossed cheque / bearer cheque payable at SBI/UBI branch at IIT Kanpur
or by way of cash in front of the MWMC representative duly obtaining
a proper receipt.
- All the contractors
who follow the best practices as an employer of the work-force
shall be given suitable encouragement in all possible manners by the
Institute.
- A
suitable canteen facility should be provided for the benefit of
the workers at major work sites as per the statutory provisions.
- A medical
facility should be made available for the benefit of the workers
for consultation for common ailments as per the statutory provisions.
The contractor shall ensure that a first aid kit is readily available
at the work site at all times. At the work-spot the information about
the nearby hospitals which are well equipped for emergency treatment
shall be displayed prominently.
- All necessary
measures shall be initiated to approach the insurance companies so that
the contractor (s) obtains a master policy of insurance against accidental
death or disability of workers while working at the site.
- All work-spot
safety measures should be ensured by the contractors without any
deviation. The contractor shall procure sufficient number of safety/gum
shoes, safety gloves, hard cap etc., for the use of the workers wherever
required invariably.
- The duty hours
should be strictly observed as per the statutory provisions by all the
contractors.
- No worker, or
the family members, shall be allowed to stay on the campus without proper
authorization. Contractors shall declare the names of such workers
(and their family members, if any) who wishes to stay back at the work
site on the request, and personal risk and liability of the contractor(s)
shall have to obtain prior permission from the Institute through the
administrative in-charge of the project/contract.
Modus
operandi:- Many of the above guidelines issued are to
be initiated and implemented. For this purpose, sub-committees which
are attached as Annexure III have been constituted. The member(s)-secretary
of the committee(s) are required to submit a report of the implementation
by October 15, 2007. These committees shall complete their work by a
date not latter than October 31, 2007. The entire implementation shall
be reviewed by the first fortnight of November 2007.
Sd/-
Sanjay G Dhande
Director
Copy to:
- Dy Director
- Registrar
- All Deans
- IAC Members
- SE, EE-I, EE-II,
all JEEs of IWD
- Chairman, COW
and all the Warden(s) – in –charge.
- All Head(s) of
departments / Units / Sections
- Chairman and all
members of the MWM Committee
- Conveners and
all members of sub-committees.
- All the Contractors
of the Institute
- All others concerned
- Information cell
for placing the orders on the website of the Institute.
Annexure
- I
Important
Rules Governing Contractors and Contract Workers at
IIT Kanpur
for Payment of Wages and related Matters
The purpose
of this document is to describe the rules and procedures to be followed
by the contractors and their workers who are awarded work at IIT Kanpur.
These are based on Contract Labor (Regulation and Abolition) Act, 1970
as laid down by Government of India.
For the purpose
of this document, Contractor denotes a person who takes up a contractual
work at the institute (either by himself or on behalf of a firm) and
includes a subcontractor who is hired by a contractor to do a part of
the contractual work; Worker denotes a person employed by Contractor
to do the contractual work; Administrator denotes a representative officer/engineer
of the section of the institute designated to look after the contractual
work.
Records
The following
describes the records to be maintained according to the Contract Labour
(Regulation and Abolition) Act, 1970, along with the ownership of the
records.
- Register of Workmen
Employed by the Contractor: To be maintained by Contractor, and kept
at the worksite at all times accessible only when both Contractor and
Administrator are present
- Muster Roll: ownership
with Contractor
- Register of Wages:
ownership with Contractor, and kept at the worksite at all times accessible
only when both Contractor and Administrator are present
- Wage Card: ownership
with Contractor, and kept at the worksite at all times accessible only
when both Contractor and Administrator are present
- Register of Fines:
ownership with Contractor, but any entry to be verified by Administrator,
and kept at the worksite at all times accessible only when both Contractor
and Administrator are present
- Register of Deductions
for Damages or Loss: ownership with Contractor, but any entry to be
verified by Administrator, and kept at the worksite at all times accessible
only when both Contractor and Administrator are present
- Register of Advance:
ownership with Contractor, but any entry to be verified by MWMC or its
representative (exceptions to petty advance noted later), and kept at
the worksite at all times accessible only when both Contractor and Administrator
are present
- Register of Overtime:
ownership with Contractor, and kept at the worksite at all times accessible
only when both Contractor and Administrator are present
- All in one Employment
Card (with photograph for future contracts and with only thumb impression
for existing contracts)/Register of Wages/Wage Card/Register of Fines/Register
of Deductions for Damage or Loss/Register of Advance/Register of Overtime:
ownership with Worker and kept at the worksite at all times accessible
only when Administrator is present
Start of Work
- A document to
be prepared and given to Contractor at the time of awarding the contract
so that they are aware of our processes. This document basically
describes that portion of this document which relates to the obligations
of the Contractor.
- A copy of award
letter of a contract should be given to MWMC before the Contractor begins
the work.
- When the work
commences and Workers arrive in the institute, the Contractor will maintain
prescribed registers as described in section “Records”. Further,
a numbered “All in One Employment card” will be also be provided
and Contractor will fill it out in presence of the Administrator.
The photographic identification will be attached with this card; the
photographic identification may be removed and re-attached to new cards
for long term Workers. The Administrator will ensure that the
number identification of the photographic identity card is also entered
on the Employment Card. The registers and the employment cards may be
purchased from the institute by Contractor.
- List of Workers
employed for more than one week to be put on a notice board by the contractor.
- The Employment
Card will be issued by the Contractor to Workers and they shall be required
to deposit it at the worksite in the presence of Administrator each
day before leaving the campus.
- This procedure
will be applicable to all Workers – within the ambit of Contract Labour
(Regulation and Abolition) Act, 1970 – employed and supervised by
contractors and subcontractors. Hence it is imperative that before
award of a sub-contract, the Administrator is informed so that all necessary
arrangements with respect to Employment Card and the Registers can be
ensured.
Wage Payment
- Wages to the Worker
are to be paid by the Contractor at regular intervals and the date of
payment must be announced at least 15 days in advance; as far as possible,
the wages shall be paid on fixed days of a month.
- A separate day
is to be designated for payment to supervisors, if any, working with
Contractor.
- The payment made
must be entered in both Wage Registers, the one with Worker and another
with Contractor, along with the necessary signatures.
- The payment must
be made in the presence of a MWMC member, or a representative authorized
by the director (MWMC may forward a panel of names of these representatives
for consideration of the director), who will also certify that payment
is made in his/her presence. Such a certificate would also be
sent to the Administrator.
- Worker doing aluminum
/ glass / fixture & fitting / false ceiling work is not covered
by above rules since such a worker is paid by Contractor in a different
fashion.
- Worker who lays
roof slab is typically on the site for a day or two only and the work
may finish late. In this case, the Contractor will provide a list
of such Workers to the Administrator at the start of work. The
MWMC will provide its representative at site for payment of wages.
Advances
- Payment of advances
should generally follow the same procedure as for wage payment.
- In emergency,
Administrator may certify the advance instead of a MWMC Member or its
representative.
- In case Worker
from far off places (migrant labour) has been given an advance prior
to his/her arrival at the contract site, this information should be
entered in the advances register before the Worker starts working.
This entry should be made in presence of a MWMC member or its representative.
This class of worker may also be receiving petty advances. In
that case, petty advances of value less than Rs. Hundred can be recorded
in the Employment Card and the register for advances in the presence
of Administrator.
Attendance
- Attendance is
marked daily in the card with the Worker and in the register with the
Contractor. It could be more than once in a day depending on the type
of work.
- Typically, attendance
is marked twice a day: once at the time of commencement of work, and
once when the work gets over. If the commencement time or finishing
time is different from designated timings, it must be recorded in the
register and the card. This also helps in keeping track of overtime
or shortage of work hours.
- Authorized persons
from the institute may make random checks to see if the attendance has
been marked correctly and report any discrepancy or malpractices taking
place to the suitably authorized person.
Engagement and Disengagement
- The Contractor
can hire / not hire any worker for the work.
- Once Worker is
hired for a specified period, he/she can be disengaged before the period
expires under the following conditions:
- The work is over
before the expected time period. This is to be certified by Administrator.
- Worker behaves
in undesirable ways. In this case, the termination must be recommended
by the Grievance Committee (see later).
Non-payment by Contractor
- If Contractor
is not able to make payment to Worker on the announced date, he would
require written permission from Administrator. The grant of permission
must be communicated by the Administrator to MWMC.
- If Contractor
is not able to make payment to Worker without such permission twice
in a row, the Administrator will send a letter to appropriate authorities
immediately to stop the next payment to the Contractor until he pays
the due wages to the Worker(s). A copy of this letter should be
marked to MWMC.
Grievance Redress Mechanism
- Complaints from
a Worker or Contractor related to minimum wages will be accepted by
MWMC. To resolve the complaint, MWMC will provide its input to
the Administrator.
- If the grievance
still remains un-resolved, MWMC will suggest a suitable action to the
institute administration.
Annexure
– II
Synopsis
of the guidelines laid down in Contract Labour Law and statutory promulgations.
- Principal Employer
to get his establishment registered under the Act and the Rules.
- Contractors must
get Licences.
- Obligation of
Principal Employers to provide certain Amenities to Workers:
- Obligations of
Principal Employers regarding Payment of Wages.
- Prohibition regarding
Employment of Female Workers during Certain Hours.
- Duty to maintain
prescribed Registers and Records.
- Obligation to
Display Abstract of the Act and the Rules.
- Obligation to
Display Notices in English, Hindi and Local Language.
- Obligation to
submission of half-yearly Returns to Licensing Officer.
- Obligation to
issue Service Certificate.
- Note of Caution.
- Liability of Principal
Employer in certain cases.
- Penalty for Obstructions.
- Punishment for
Contravention of Provisions regarding Employment of Contract Labour.
- Punishment for
other Offences.
- Effect of Laws
and Agreements inconsistent with this Act.
The Principal
Employer/Contractor is required to abide by the following obligations/guidelines
towards their workers:-
1. Principal
Employer to get his establishment registered under the Act and the Rules.
It is mandatory on the part of the principal employer to seek registration
under section 7 of the Contract Labour (Regulation and Abolition) Act,
1970 giving all the particulars specified therein pertaining to contract
labour. The effect of non-registration of the establishment or the revocation
of the registration certificate is that the principal employer cannot
employ contract labour in the establishment and violation thereof is
made punishable under sections 23, 24 and 25 of the Act. .
2. Contractors
must get licences. It is obligatory on the part of the every contractor
not to undertake or execute any work through contract labour without
obtaining a valid licence from the licencing officer. Undertaking
or executing any work through contract labour without obtaining a licence
is a continuous offence punishable until he obtains a licence.
3. Obligation
of Principal Employers to provide certain Amenities to Workers.
Sections 16, 17, 18 and 19 of the Act and the Rules made there under
cast obligations on an employer to provide certain amenities for ensuring
the health and welfare of the contract labour. The amenities have to
be provided for the dignity of human labour and are in public interest.
The amenities that are required to be provided to the contract labour
are given below:
a) Provisions
of Rest room: 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 contact labour is
likely to continue for three months or more the contractor shall provide
and maintain rest-rooms or other suitable alternative accommodation
within fifteen days of the coming into force of the rules in the case
of existing establishment, and within fifteen days of the commencement
of the employment of contract labour in new establishments. If the amenity
is not provided by the contractor within the period prescribed, the
principal employer shall provide the same within a period of fifteen
day of the expiry of the period laid down in the said sub-rule. The
Act further requires making provision of the following in the rest rooms:-
- separate rooms
shall be provided for women employees.
- effective and
suitable provision shall be made in every room for securing and maintaining
adequate ventilation by the circulation of fresh air and there shall
also be provided and maintained sufficient and suitable natural or artificial
lighting.
- the rest-room
or rooms or other suitable alternative accommodation shall be so constructed
as to afford adequate protection against heat, wind, rain and shall
have smooth hard and impervious floor surface.
- the rest-room
or other suitable alternative accommodation shall be at a convenient
distance from the establishment and shall have adequate supply of wholesome
drinking water.
b) Provisions
of Canteens & Drinking water facilities. In every establishment
wherein work regarding the employment of contract labour is likely to
continue for six months and labour numbering one hundred or more are
ordinarily employed an 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 sixty days of the commencement of contract labour. If the
contractor fails to provide the canteen within the time laid down the
same shall be provided by the principle employer within sixty days of
the expiry of the time allowed to the contractor. The canteen shall
be maintained by the contractor or principal employer; as the case may
be, in an efficient manner with the following facilities:-
- the canteen shall
consist of at least a dining hall; kitchen, store room, pantry and washing
places separately for workers and for utensils.
- the canteen shall
be sufficiently lighted at all times when any person has access to it.
- the floor’ shall
be made of smooth and impervious material and inside walls shall be
lime-washed or colour-washed at least once in each year.
- the precincts
of the canteen shall be maintained in a clean and sanitary condition.
- suitable arrangements
shall be made for the collection and disposal of garbage.
- the foodstuffs
and other items to be served in the canteen shall be in conformity with
the normal habits of the contract labour.
- 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.
- 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:
- the rent for the
land and buildings;
- the depreciation
and maintenance charges for the building and ‘equipment provided for
in the canteen;
- the cost of purchase,
repairs and replacement of equipment including furniture, crockery, cutlery
and utensils;
- the water charges
and other charges incurred for
lighting and ventilation;
- the interest on
the maintenance of amounts spent on the provision and maintenance of
furniture and equipment provided for canteen.
- the
books of accounts and registers and other documents used in connection
with the running of the canteen shall be produced on demand to an inspector.
The account pertaining to the canteen shall be audited once every twelve
months by registered accountants and auditors. Provided that the Chief
Labour Commissioner (general) may approve of any other person to audit
the accounts, if he is satisfied that it is not feasible to appoint
a registered accountant and auditor view of the site or the location
of the canteen.
c) Latrines
and urinals— The latrines and urinals shall be conveniently situated
and accessible to workers at the establishment. Latrines shall be provided
in every establishment on the following scale, namely:
- where females
are employed, there shall be at least one latrine for every 25 females.
- where males
are employed, there shall- be at least one latrine for every 25 males.
- every latrine
shall be under cover and so partitioned off as to secure privacy, and
shall have a proper door and fastenings.
- there shall
be at least one urinal for male workers up to 50 and one for female
workers up to 50 employed at a time.
- water shall
be provided by the means of tap -or otherwise so as to be conveniently,
accessible in or near the latrine and urinal.
d) Washing
facilities. In 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. Separate
and adequate screening facilities shall be provided for the use of male
and female workers. Such facilities shall be conveniently accessible
and shall be kept in clean and hygienic condition.
e) First
aid facilities. This facility 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. 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.
A person in charge of the first-aid box shall be a person trained
in first-aid box treatment. The first-aid box shall be distinctly marked
with a red cross on a white ground and shall contain the following equipment
namely for the employees not exceeding the 50 in numbers:
- 6 small
sterilized dressings.
- 3 medium
size sterilized dressings.
- 3 large
size sterilized dressings.
- 3 large
sterilized burn dressings.
- 1 (30ml)
bottle containing a two percent alcoholic solution of iodine.
- 1 (30ml)
bottle containing salvolatile having the dose and mode of administration
indicated on the label.
- 1 snake-bite
lancet.
- 1 (30 gms)
bottle of potassium permanganate crystals.
- 1 pair
scissors.
- A
bottle containing 100 tablets (each of 5 grains) of aspirin.
- Ointment
for burns.
- A bottle
of suitable surgical antiseptic solution.
- 1 roll
of adhesive plaster
f) Insurance
for Injury to or Death. The Contractor shall be liable and hold
indemnified the Company against any liability, loss, claim or proceedings
in respect of personal bodily injury (including death) or the death
of any person whom so ever, caused by the carrying out of the Work or
when at site. Without prejudice to his liability to indemnify the Company,
Contractor shall maintain such insurance’s as are necessary to cover
the liability of the Contractor in respect of personal injuries or deaths
arising out of or caused by the carrying out of the Work.
g) Creches. In
every establishment where twenty or more women are ordinarily employed
as contract labour, there shall be provided two rooms of reasonable
dimensions for the use of their children under the age of six years,
one of which shall be used as a play room and the other as bed room
for the children. Apart from the above, the Act also enjoins upon
the contractor to provide adequate number of toys and games in the playroom
and sufficient number of cots and beddings in the sleeping room. The
standard of construction and maintenance of the crèches should be of
the following specifications:-
- it must be located
within fifty metres of every establishment;
- it must be constructed
of heat resistant materials and should be rain proof;
- it must have necessary
doors and windows besides provisions of adequate light and ventilation;
- the accommodation
in the crèches per child should be at least 20 sq.feet of floor area;
- it must have a
shady playground suitably fenced for older children;
- it must provide
clean drinking water for the children and the staff, milk for children
below two and refreshments for children above two;
- a kitchen with
utensils for boiling milk and preparing refreshments must be attached
to such a crèche;
- children and the
staff must also be provided with suitable uniforms;
- a bathroom adjoining
the crèche must contain washing facilities, soap and clean towels;
- every child in
the crèche must be provided with a cot, mattress, bed-sheets, blankets
and pillow with a cover;
- the person in
charge of crèche should be a woman with midwifery qualification and
must be assisted by female Ayas;
- working hours
of the crèches should correspond to the working hours of the mothers;
- it must have first-aid
equipment kept in good condition;
- every child must
be medically examined before admission and the weight of the child must
be recorded after the monthly medical check-up;
- crèche may be
inspected by any of the authorities specified in the Act.
4. Obligations
of Principal Employers regarding Payment of
wages. It is obligatory on the
Principal employer to see that the wages of the workers are paid every
month on a fixed date and time and on termination of their employment
the payment of wages must be made before the expiry of the second working
day from the day on which their employment is terminated. Making payment
of wages on a working day at the site is also obligatory. If the work
is completed before the expiry of the wage period, final payment should
be made within forty-eight hours of the last working day. Wages due
to every worker should be made directly to the worker. The Act enjoins
upon the principal employer to ensure the presence of his authorized
representative to supervise the payment of wages by the contractor to
workmen and it is also the duty of the contractor to ensure the payment
of wages in the presence of the authorized representative of the principal
employer, who must certify at the end of the entries that the amount
shown in such and such column has been paid to the workmen concerned
in his presence on such and such date and at such and such time. It
is also the responsibility of the principal employer to make payment
of wages in case the contractor fails to do so within the prescribed
period or makes short payment. The principal employer is, however, at
liberty to recover the same from the contractor.
A statutory
duty is imposed on the principal employer to make payment to the contract
labour and recover the same from the contractor in case the contractor
fails to make payment to the contract labour. Therefore, withholding
payment of bills in the capacity of principal employer for payment to
the contract labour is not subject matter of arbitration even though
the contract may contain any arbitration clause.
5.
Duty to maintain prescribed Registers and Records.
The Principal Employer and contractor are to maintain the registers
and records as per Section 29 of the Act giving prescribed particulars
of contract labour employed, the nature of work performed by the contract
labour, the rates of wages paid to the contract labour and such other
particulars in the prescribed form and to keep them exhibited in the
prescribed manner within the premises of the establishment where the
contract labour is employed, prescribed notices containing particulars
about the hours of work, nature of duty and such other information prescribed
in the rules. The forms, registers and notices prescribed for the purpose
are stated hereinafter:
a) every
principal employer to maintain in respect of each registered establishment
a register of contractors in Form XII;
b) every
contractor to maintain in respect of each registered establishment where
he employs contract labour a register in Form XIII;
c) every
contractor to issue an employment card in Form XIV to each worker within
three days of employment of the worker and to keep the same up-to-date
by making entry of change in particulars therein;
d) on
termination of employment for any reason whatsoever it is the duty of
the contractor to issue to the workman whose services have been terminated,
a Service Certificate in Form XV;
- a Muster Roll
and Register of Wages in Forms XVI and XVII respectively; where, however,
the wage-period is a fortnight or less, a combined register of Wage-cum-Muster
roll in Form XVII be maintained;
- a Register of
Deduction for damage or loss, Register of Fines and Register of Advances
in Forms XX, XXI and XXII respectively.
- a Register of
Overtime in Form XXIII recording therein the number of hours and wages
paid for, overtime work, if any; where, however, the wage-period is
one week, or more, every contractor to issue wage slips in Form XIX,
the workman at least a day prior to the disbursement of wages; and to
obtain the signature or thumb impression of the worker concerned against
the entries relating to him on the Register of Wages or Muster Roll-cum-Wages
Register, a s the case may be, and to authenticate such entries and
get them certified by the authorized representative of the Principal
Employer. Such authorised representative of the Principal Employer is
required to record under his signature a certificate at the end of the
entries in the Register of Wages or the Register of Wage-cum-Muster
Roll, as the case may be, in the following form:-
6. Obligation
to display abstract of the Act and Rules.
The Contractor to display an abstract of the Act and Rules
in English and Hindi and in the language spoken by the majority of the
workers in the prescribed form.
7. Obligation
to display notices in English, Hindi and Local
language. The Principal Employer or the contractor, as the
case may be, to exhibit notices showing the rates of wages, hours of
work, wage periods, dates of payment of wages, names and addresses of
the Inspectors having jurisdiction and date of payment of unpaid wages,
in English, Hindi and in the local language understood by the majority
of the workers in conspicuous places at the establishments.
8. Prohibition
regarding Employment of Female Workers during certain Hours. The
employment of female contract labourers, except the women employed in
pithead baths, crèches, canteens, or as nurses and midwives, is prohibited
before 6 a.m. and after 7 p.m.
9. Obligation
to Submission of half-yearly Returns to Licensing Officer. Every
contractor is under obligation to send half-yearly return 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. Half Year for this purpose
means a period of six months commencing from 1st January
and 1st July of every year. In the same way, it is obligatory
on every Principal employer of a registered establishment to send Annual
Return in Form 25 in duplicate so as to reach the registering officer
concerned not later than the 15th February following the end of the
year to which it relates. In this connection, reference may be made
to rule 82 of the Rules.
10.Obligation
to issue Service Certificate. It is also obligatory on the part of
every contractor to issue a Service certificate in Form XV when the
work of contract labourer is terminated for any reason whatsoever.
11.Penalty
for Obstructions. Under
the Act, Inspectors are empowered to make any inspection, examination,
enquiry or investigation in relation to any establishment to which this
Act applies. Section 72 lays down that whoever obstructs an Inspector
in the discharge of his duties under the Act or refuses or willfully
neglects to afford the Inspector any reasonable facility for making
any inspection, examination, inquiry or investigation in relation to
an establishment, then such a person is punishable with imprisonment
for a term which may extend to three months or with fine which may extend
to Rs. 500/- or with both. Contraventions of provisions regarding employment
of contract labour shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to Rs.
100/- for every day. Contraventions of the provisions of the Act or
Rules in which no other penalties elsewhere provided, shall be punishable
with imprisonment for a term which may extend to three months or with
fine which may extend to Rs. 1,000/- or with both.
In additions
to abovementioned statutory obligations, the Principal Employer/Contractor
is required to strict compliance with the provisions laid down in the
following Acts and Statute for labour legislation:-
- Minimum Wages
Act, 1948, Rules & amendments, The Payment of Wages Act. 1936 &
Company's Liability Act.
- Workmen Compensation
Act. & Apprentices Act 1961.
- Contract Labour
(Regulation and Abolition) Act, 1970 and Central Rules, 1971.
- Any other Act
or enactment relating thereto and rules framed there under from time
to time.
Annexure
- III
I. Committee
to design a form of “undertaking by Contractors and obtaining the
signatures of the Contractors”:
1) Prof. Deepak
Gupta - Convener
2) Shri Sanjeev
S Kashalkar, Registrar - Member
3) Shri Niranjan
Dass, SE - Member
4) Shri CP
Singh, Asst. Registrar (Legal) - Member
5) Shri T
Gautam, AE - Member-Secy
1) Prof. Manindra
Agrawal, HOD, CSE - Convener
2) Shri Rajeev
Garg, EE, Dept. of IWD - Member
3) Dr. S Sundar
Kumar Iyer, Dept. of EE - Member
4) Shri KN
Dakhle, Asst. Registrar, Store - Member
5) Shri Raghvendra
Singh, AE - Member-Secy
1) Dr. Rahul
Varman, IME - Convener
2) Prof. MK
Harbola, Ch. HCUC - Member
3) Dr. Nirmal
Kumar, CMO - Member
4) Dr. Geeta
Pathak - Member
5) Dr. AK
Naik, Asst Registrar (Fund) - Member
6) Shri RN
Dixit, JE - Member-Secy
1) Prof. H
Karnick, Dept. of CSE - Convener
2) Dr. Suchitra
Mathur, Dept. of HSS - Member
3) Shri RK
Sachan, Dy. Registrar (Admin) - Member
4) Shri Avadh
Bihari, Asst Registrar (STU) - Member
5) Shri Sudhir
Srivastava, AE - Member-Secy
1) Prof. B
Rath, Chairman, MWMC - Convener
2) Prof. Shobha
Madan, Maths & Stat. - Member
3) Prof. Brahma
Deo, Chairman, CEMMC - Member
4) Mr. Niranjan
Dass, SE/IWD - Member
5) Shri Arvind
Kothari, President Student Gym.- Member
6) Shri RP
Singh, AE - Member-Secy
VI. Committee
on assuring Safety & Best practices assurance & display of notices
and statutory rules at work sites.
1) Dr. S Sundar
Kumar Iyer, Dept. of EE - Convener
2) Shri RK
Verma, EE-II - Member
3) Dr. Geeta
Pathak - Member
4) Dr. Suchitra
Mathur, Dept. of HSS - Member
5) Dr. Shashank
Mehta - Member
6) Shri Arvind
Kothari, President Student Gym.- Member
7) Shri E
Venkatesan, JE - Member-Secy
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