S. 1(4) Applicability-
Establishments employing 50 or more contract labour and contractors employing 50 or more workmen in any day of 12 months. Concerns employing less than 50 by notification.
(As Amended by Mah. Act No. 2 of 2017 dt. 5-1-2017)
Establishments employing 50 or more contract labour and contractors employing 50 or more workmen in any day of 12 months. Concerns employing less than 50 by notification.
Establishments where work is casual/intermittent. [S.1(5)] Establishments and contractors exempted by notification. (S.31)
Person undertaking to produce a given result to establishments, or Supplying contract labour- Includes sub contractor. Does not include supplier of goods or articles of manufacture..
Principal employer has to register his establishment under the Act and certificate of registration is to be obtained. (Rule 17, 18 & Form I & II)
Employed to do skilled, unskilled, manual, clerical etc. work for hire/reward. Does not include managerial/administrative capacity. Supervisory capacity- wages above₹ 500/- or managerial functions. Out-worker.
Contractor to whom the Act applies is to get licence as prescribed for executing work through contract labour. (Rule 21-23, 29; Form IV, IV-A, V, VII) Cannot undertake work through contract labour if there is no licence. (S.14)
If obtained by fraud, misrepresentation or is ineffective or for not complying with the Act. Opportunity of hearing to be given to the parties.
Employment of contract labour in any process/operation/other work can be prohibited by notification. Whether these operations/process/other work is incidental or necessary to industry, Whether perennial in nature, Ordinarily done by regular workmen or sufficient to employ whole time workman are to be considered. Regarding perennial nature of work, decision of appropriate Govt. is final.
Providing facilities like canteen etc. (S.16-19, Rule 39-44) Payment of wages under supervision of employers nominee. (S.21, Rule 45-54) Maintenance of registers etc. (S.29, Rule 55-63, Forms VIII, X & ΧΧΙ)
Liability is on the company as well as persons in charge of conduct of business. If offence is done under consent etc. of director etc. they are also liable.
Providing essential facilities to contract labour, if contractor fails to do. (S.20) Liability to pay wages, if contractor defaults. [S.21(4)] Maintenance of registers etc.
3 months from the date when offence came to inspectors knowledge.
22. Obstruction to inspector in discharge of his duties Refusal to produce registers etc. to inspector on demand, Imprisonment up to 3 months or fine up to 500 or both.
23. Contravention of provisions of prohibition, regulation etc. of contract, 3 moths imprisonment or fine up to 1000 or both.
24. Offences for which penalty is no where provided in the Act, 3 months imprisonment or fine up to 1000 or both.
(a) Establishments - employing 50 or more contract labour on any day of preceding 12 months. Contractor-employing 50 or more workmen on any day of preceding 12 months.
(b) Appropriate Government may by 2 months notification apply the Act to any establishment or contractor employing less than 50 workmen.
(a)To establishment where work performed is intermittent or of casual nature.
(b)Work is not intermittent : - If performed for more than 120 days in preceding 12 months. If it is of seasonal character and performed for more than 60 days in a year.
(a)Appropriate Govt. - Definitions Central Govt.- for establishment where Appropriate Govt. under Sec. 2(a) of ID Act 1947 is Central Govt. or any other Establishment - State Govt. in which establishment is situated.
(b)Contract Labour - Workmen hired in or in connection with work of Establishment by or through contractor, with or without knowledge of principal employer.
(c)Contractor- Means a person who undertakes to produce given result for establishment through contract labour or supplies contract labour to establishment Includes Sub contractor.
(e)Excludes - Mere supplier of goods or articles of Mfg. Establishment- (a) any office or department of Govt. or local authority or. (b) place where any industry, business, trade, manufacture or occupation is carried on.
(g)Principal Employer In relation to - (a) Govt. department or local authority department or any other officer specified. head of office or (b) Factory- owner or occupier or person named as manager under Factories Act. (c) Mine-owner or agent or person named as manager (d) Other establishments - person responsible for supervision and control of management.
(i)'Workman'- Person employed in or in connection with any work in Establishment to do any skilled, semi-skilled, unskilled, manual, clerical, supervisory or technical work for hire or reward whether terms of employment be express or implied. Does not include - person employed (a) in managerial/ administrative capacity. (b) Supervisory capacity - where monthly wage is more than 500/- or due to nature of duties managerial functions. (c) Out worker constituted by State Govt.
40. Canteen Provision shall be made by every establishment To which Act applies, where employment of contract labour is likely to continue for 6 months and where 100 or more contract labour is employed, Contractor shall within 60 days of commencement of such work or principal employer shall provide canteen or canteens.
39. Rest Rooms If contract labour is required to halt at night and work is to continue for 3 months or more Contractor or principal employer shall provide rest rooms within 60 days of commencement of work.Other Facilities It shall be duty of every contractor to provide and maintain facilities like.
41. Latrines and Urinals - As provided under clause (1) to (9) of this rule.
42. Washing Facilities – Adequate facility shall be made 10
43. Other Facilities Within 60 days of commencement of rules and 30 days in case of new establishment as prescribed under the rules.
44. First Aid Facilities Shall be provided and maintained by the contractor First Aid Boxes in every establishment as prescribed under this rule. Responsibility for Payment of Wages Contractor shall be responsible for payment before expiry of prescribed period. Representative shall be nominated by principal employer. Disbursement of wages in the presence of representative. If contractor does not pay full wages, principal employer is liable for payment.
54. Entries regarding payment of wages etc to be made in register
45. Wage Period - Not to exceed 1 month.
46. Payment of Wages, how made Wage period if 1 week / fortnight - within 3 days other cases if number of workers less than 1000 before expiry of 7th day and if exceeds 1000 – before 10th day
47. Payment of Wages on Termination – Be made before expiry of day succeeding the one on which employment is terminated.
48. Payment to be made on working day.
49. Payment of Wages to be made directly to worker or person authorised by him.
50. Wages to be paid in current coin/currency/both.
51. Wages to be paid without deductions 51 Except as permissible under Payment of Wages Act ad
52. Provisions of Rules 45-51 not to apply where other Acts apply.
53. Display of notice at work place showing wage period etc.
Sec. 20. Liability of principal employer in certain cases Where contractor does not provide amenities u/s 16 & 17, principal employer is obliged to provide the same and expenses may be recovered from contractor either by deduction or as debt payable.
Sec. 29. 1. Every principal employer & contractor shall maintain registers and records giving such particulars as No. of contract labour employed, nature of work & rate of wages.
55. Principal employer to maintain in Nolice containing particulars of hours and nature of work etc shall be exhibited at establishment's premises.
59. Muster Roll, Wages Registers, Deduction Register and Overtime Register
1. Establishments governed by Payment of Wages Act, Minimum Wages Act, contractor is required to maintain Muster roll, Registers of Wages, Deduction, Overtime, Fines & Advances.
2. Where estb. is not covered u/R 59 (1): Contractor shall maintain 'Muster roll-cum-wage register' & issue 'attendance card-cum-wage slip' as prescribed by Mah. Min Wages Rules 1963 along with signature or thumb impression of every worker.
60. Display of Act and Rules Every contractor shall display Act and Rules in English, Hindi / Marathi in form approved by Commissioner of Labour.
61. Register to be kept handy All registers & records shall kept at office or nearest convenient bldg within 3 km of work place, maintained in English, Hindi or Marathi and shall be preserved for 3 years from date of last entry and shall be produced on demand before Inspector or other authority.
22. Obstructions 1. To inspector in his discharge of duty - Imprisonment up to 3 months or fine up to 500 or both. 2. Refusal to produce register or other documents to inspector on demand - Imprisonment up to 3 months or fine up to 500 or both.
23. Contravention of Provisions Regarding employment of contract labour, prohibition, restriction or regulation of contract labour etc Imprisonment up to 3 months or fine up to ₹ 1,000 or both. Contravention if continued Additional fine of 100 for every continuing day.
24. Other offences Where no penalty is provided elsewhere in the Act-imprisonment up to 3 months or fine up to 1000 or both.
25. Offences by companies 1. Company as well as person in charge of or responsible to company in conduct of business is also deemed guilty and punished unless proved to the contrary.
2. If proved that offence is committed with consent or connivance or negligence of any director, manager etc. - they are deemed guilty and punished accordingly.
27. Limitation of prosecutions 3 months from date on which alleged commission came to Inspector's knowledge. For offence of disobeying written order of inspector 6 months from date of offence.
30. Effect of laws and agreements inconsistent with this Act Overrides inconsistent provisions in other Acts, agreements etc. Contract Labour - entitled to more favourable benefits under those Act.
