ANS.: You are not required to visit any
office for the purpose. Services pertaining to registration
/ License are available on line. One can login to the
portal and complete the formalities from the comfort of his
ANS.: No. Normally an applicant is not
required to visit office. But if the documents uploaded are
not visible or eligible or there are contradiction, may be
asked to produce hardcopy of the relevant documents.
ANS.:Yes. An Inspector is supposed to
visit premises of the employer/contractor to conduct
periodical inspection. If the employer/contractor has opted
for self-certification scheme, its premises shall be
inspected as per guidelines.
ANS.: Before the expiry of 7th day of the
last day of wage period where number of workmen is less
than 1000. : Before the expiry of 10th day of the
last day of wage period where number of workmen is 1000 or
ANS.: Original license along with
requisite additional license, if any with the request
specifying the amendment details to be furnished.
Object: The object of the Act is
to regulate the employment of contract labour in certain
establishments and provide for its abolition in certain
circumstances and for matters connected therewith.
Applicability: It is applicable
to every establishment (Principal Employer) in which 20 or
more workmen are employed or were employed on any day of
the preceding 12 months as contract labour. It is also
applicable to every contractor who employs or who employed
on any day of the preceding twelve months 20 or more
Who is the Principal Employer: In
the case of an office or the department of government or
the local authority - the head thereof or the specified
person; in the case of a factory, the owner or occupier or
the person named as manager thereof; in the case of other
establishments, the person responsible for the supervision
and control of the establishment, is the principal
employer under the Act.
Registration of Establishment &
its fee: The Principal Employer of an establishment to
whom the Act is applicable is required to get himself
registered with the Registering Officer of the area, the
Labour Superintendent Through on line portal or in Form-1
along with the prescribed fee mentioned herein under.
Revocation of Registration & its
amendment: A Certificate of Registration can be revoked
by the Registering Officer if it is obtained by
misrepresentation or suppression of material facts etc.
after affording an opportunity of being heard to the
principal employer. The registration certificate is
required to be amended upon the occurrence of any change
in the particulars of establishment and upon the payment
balance fee, if any on the enhancement of number of
Licensing of Contractor: Every
contractor to whom this Act is applicable is required to
obtain a License Through on line portal or in Form-IV
along with the prescribed fee mentioned herein under
Revocation or Suspension & Amendment of License: A license
can be revoked by the Licensing Officer if it was obtained
by misrepresentation or suppression of material facts or
upon the failure of the contractor to comply with the
conditions or contravention of Act or the Rules.
Welfare Measures to be taken by
contractor: Where fifty or more contract labour is
employed one or more canteens are to be provided and
maintained; first aid facilities, rest rooms, drinking
water, latrines and washing facilities etc. are to be
provided by the Contractor and upon his failure, to be
provided by the Principal Employer.
Responsibility of contractor for
payment of wages: A contract is responsible to pay timely
payment of wages and to ensure the disbursement of wages
in the presence of the authorised representatives of the
principal employer. The rates of wages are not to be less
than the prescribed rates of minimum wages by the State
Penalties: For obstructing the
inspector or failing to produce registers etc. – three
months imprisonment or fine up to Rs. 500/- or both and
for violation of the provisions of the act or the rules,
imprisonment of three months or fine up to Rs. 1000/- and
in the case of continuing contravention, additional fine
unto Rs. 100/- per day.
The Building and Other
Construction Workers (Regulation Of Employment And
Conditions Of Service) Act, 1996
ANS.:Yes, Central Government and each
State Government/ UT administration, notify the Minimum
rates of wages in respect of a scheduled employment
separately from time to time. In the Central Sphere, The
rate notified by the Central Government or the Concerned
State Government/UT administration, whichever is higher
will be made applicable.
ANS.: The Act provides for the payment of
equal remuneration to men and women workers and for
prevention of discrimination, on the ground of sex, against
women in the matter of employment and for matter connected
there with of incidental thereto.
ANS.: Gratuity shall be payable to an
employee on the termination of his employment after he has
rendered continuous service for not less than five years or
on his superannuation or on his retirement or resignation
or on his death or disablement due to accident or disease.
(Completion of continuous service of five years shall not
be necessary in case of death or disablement).
ANS.: An employee shall be said to be in
continuous service for a period if he has, for that period,
been in uninterrupted service including service which may
be interrupted on account of sickness, accident, leave,
absence from duty without leave. lay-off, strike, or a
lockout or cessation of work not due to any fault of the
ANS.:An employee who is eligible for
payment of gratuity under the Act, or any person
authorized, in writing, to act on his behalf, shall apply,
ordinarily within thirty days from the date of gratuity
became payable in Form I to the employer.
ANS.:Where an employer fails to pay the
gratuity, the employee concerned or his nominee may apply
to the controlling authority in duplicate in Form T for
recovery thereof under section 8 of the Act. The
Payment of Bonus Act, 1965
ANS.:In the first five accounting years
following the accounting year in which the employer sells
the goods produced or manufactured by him or renders
services, as the case ma be, from such establishment, bonus
shall be payable only in respect of the amounting year in
which the employer derives profits from such establishment.
ANS.:No child shall be employed or
permitted to work in any of the occupations set forth in
Part A of the Schedule or in any workshop wherein any of
the processes set forth in Part B of the Schedule is
ANS.:Register showing the name of date of
birth of every child so employed or permitted to work,
hours and periods of work of any such child and intervals
of rest, the nature of work of any such child.
Objective of the legislation: It
is an Act to prohibit the engagement of children in
certain employments and to regulate the conditions of work
of children in certain other employments.
Who is a child: According to the
definition given u/s 2(ii) of the Act, a child means a
person who has not completed his fourteenth year of age.
Where is the child labour
prohibited to work: No child is permitted to work in any
the occupations set forth in Part A of the Schedule or any
workshop wherein any of the processes set forth in Part B
of the Schedule is carried on. (Section 3)
Exemption: The above prohibition
does not apply to any workshop wherein any process is
carried on by the occupier with the aid of his family or
to any school established by, or receiving assistance or
recognition from, Government.
Where child labour is permitted:
Except the prohibitory occupations set forth in Part A or
processes set forth in Part B of the Schedule,child labour
is permitted to be employed but the conditions of their
work is required to be regulated in accordance with Part
III of the Act.
Responsibilities of employers
towards child labour: Please refer to the note regarding
the responsibilities of the employer for the proper
implementation of the Act and the Rules.
Penalties: For the contravention
of Section 3 a person is punishable with not less than
three months imprisonment which may extend to one year or
with fine not less than Rs. 10,000/- rupees which may be
extended up to Rs. 20,000/- or with both. For other
offence, the punishment may be simple imprisonment up to
one month or with fine up to Rs. 10,000/- of both.A
conviction u/s 67 of the Factories Act, 1948 or u/s 21 of
the Motor Transport Workers Act, 1961 will attract the
penalties under the Child Labour (Prohibition &
Regulation) Act, 1986.
ANS.:Pertaining To Registration/ Licence: 1. Building workers numbering 10 or more were
found employed on /were employed during preceding 12 months
without a valid certificate of registration. [Breach of
Sec. 7] 2. Employer has not observed conditions of
registration-[Breach of Rule 27] 3. Number of Workmen
employed as building workers has exceeded the maximum
number of workers as specified in the certificate of
registration [Breach of Rule 27 (1)(b)] 4. The employer has
not intimated change in the ownership or management
within30 days or in the number of workers or conditions of
work within 15 days to the Inspector-[Breach of Rule 27 (2)
read with Sec. 7 (4)]