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The Contract Labour (Regulation And Abolition) Act, 1970

Updated on:13th Dec, 2025
The Andaman And Nicobar Contract Labour (Regulation And Abolition ) Rules, 1970

A & N ISLANDS CONTRACT LABOUR (REG. & ABO.) RULES,  1970

A & N ISLANDS CONTRACT LABOUR (REG. & ABO.) RULES, 1970

CHAPTER I................................................................................................................................... 7 1. Short title, Extent and Commencement:-.......................................................................... 7 2. Definitions......................................................................................................................... 7 CHAPTER II.................................................................................................................................. 7 Andaman And Nicobar Advisory Contract Labour Board........................................................... 7 3. The Board shall consist of the

following:-......................................................................... 7 4. Terms of office:-................................................................................................................ 8 5. Resignation:- ..................................................................................................................... 8 6. Cessation of membership:-............................................................................................... 9 7. Disqualification:- ............................................................................................................... 9 8. Removal from membership:- ........................................................................................... 9 9. Vacancy:- .......................................................................................................................... 9 10.

Staff:-............................................................................................................................... 9 11. Allowances of Member:-............................................................................................... 10 12. Disposal of business:-................................................................................................... 10 13. Meetings........................................................................................................................ 10 14. Notice of meetings and list of business ........................................................................ 10 15. Quorum ......................................................................................................................... 11 16.

Committees of the board.............................................................................................. 11 CHAPTER III............................................................................................................................... 11 REGISTRATION AND LICENSING ............................................................................................... 11 17. Manner of making application for registration of establishments:-............................. 11 18. Grant of certificate of registration:-.............................................................................. 12 19. Circumstances in which application for registration may be rejected:-....................... 12 20. Amendment of certificate of registration:-................................................................... 12 21. Application for a licence:- ............................................................................................. 13 22. Matters to be taken into account in granting or refusing a licence ............................. 13 23. Refusal to grant licence:-............................................................................................... 14 24. Security:- ....................................................................................................................... 14 25. Forms and terms and conditions of licence:-................................................................ 14 26. Fees:- ............................................................................................................................. 16 27. Validity of the licence:-.................................................................................................. 16 28. Amendment of the licence:- ......................................................................................... 16 29. Renewal of licence:- ...................................................................................................... 17 30. Issue of duplicate certificate of registration or licence:- .............................................. 17 31. Refund of security:-....................................................................................................... 17 32. Grant of temporary certificate of registration and licence:- ........................................ 18

CHAPTER IV............................................................................................................................... 19 APPEALS AND PROCEDURE ...................................................................................................... 19

33.............................................................................................................................................. 19

34........................................................................................................................................... . . . 19

35........................................................................................................................................... . . . 19

36........................................................................................................................................... . . . 20

37............................................................................................................................................. . 20 38. Payment of Fees

:-......................................................................................................... 20 39. Copies :-......................................................................................................................... 20 CHAPTER V................................................................................................................................ 20 WELFARE AND HEALTH OF CONTRACT LABOUR...................................................................... 20 40.............................................................................................................................................. 20 41. Rest Rooms:- ................................................................................................................. 21 42. Canteens:- .....................................................................................................................

21

43........................................................................................................................................... . . . 22

44........................................................................................................................................... . . . 22

45........................................................................................................................................... . . . 22

46........................................................................................................................................... . . . 23

47........................................................................................................................................... . . . 23

48........................................................................................................................................... . . . 23

49........................................................................................................................................... . . . 23

50............................................................................................................................................. . 23 51. Latrines and Urinals:- .................................................................................................... 23

52........................................................................................................................................... . . . 24

53........................................................................................................................................... . . . 24

54........................................................................................................................................... . . . 24

55........................................................................................................................................... . . . 24

56............................................................................................................................................. . 24 57. Washing

Facilities:-........................................................................................................ 24 58. First-Aid Facilities:-........................................................................................................ 25

59........................................................................................................................................... . . . 25

60............................................................................................................................................ . . 26

61.............................................................................................................................................. 26

62............................................................................................................................................ . . 26 CHAPTER

VI............................................................................................................................... 26 WAGES.................................................................................................................................... . . 26

63........................................................................................................................................... . . . 26

64........................................................................................................................................... . . . 26

65........................................................................................................................................... . . . 26

66............................................................................................................................................

. . 27

67............................................................................................................................................ . . 27

68........................................................................................................................................... . . . 27

69........................................................................................................................................... . . . 27

70........................................................................................................................................... . . . 27

71........................................................................................................................................... . . . 27

72........................................................................................................................................... . . . 27

73............................................................................................................................................ . . 27 CHAPTER

VII.............................................................................................................................. 27 REGISTERS AND RECORDS AND COLLECTION OF STATISTICS .................................................. 27 74. Register of contractors:-................................................................................................ 27 75. Register of persons employed:- .................................................................................... 28 76. Employment card :-....................................................................................................... 28 77. Service Certificate:- ....................................................................................................... 28 78. Muster Roll , Wages Register, Deduction Register and Overtime Register:-................ 28 79.............................................................................................................................................. 29

80........................................................................................................................................... . . . 29

81........................................................................................................................................... . . . 30

82........................................................................................................................................... . . . 30

83............................................................................................................................................

. . 30 FORM

I...................................................................................................................................... 30 Application for registration of Establishment Employing Contract Labour:............................ 30

FORM II..................................................................................................................................... 31 Certificate of Registration

........................................................................................................ 31 FORM III.................................................................................................................................... 32 Register of Establishments....................................................................................................... 32 FORM IV.................................................................................................................................... 32 Application for

Licence............................................................................................................. 32 FORM

V..................................................................................................................................... 33 Form of certificate by Principal employer................................................................................ 33 FORM VI.................................................................................................................................... 34 LICENCE

.................................................................................................................................... 34 RENEWAL..................................................................................................................................

34

ANNEXURE.............................................................................................................................. . . 34 FORM

VII................................................................................................................................... 35 Application of Renewal of

Licences.......................................................................................... 35 FORM VIII.................................................................................................................................. 36 Application for Temporary Registration of Establishments Employing Contract Labour........ 36 FORM IX.................................................................................................................................... 36 FORM

X..................................................................................................................................... 37 Application of Temporary Licence. .......................................................................................... 37 FORM XI.................................................................................................................................... 38

ANNEXURE.............................................................................................................................. . . 38 FORM

XII................................................................................................................................... 39 FORM

XIII.................................................................................................................................. 39 Register of Workmen Employed by Contractor.

..................................................................... 39 FORM

XIV.................................................................................................................................. 40 Employment

Card..................................................................................................................... 40 FORM XV................................................................................................................................... 40 FORM

XVI.................................................................................................................................. 41 Muster

Roll............................................................................................................................... 41 FORM XVII................................................................................................................................. 41 Register of Wages.....................................................................................................................

41 FORM

XVIII................................................................................................................................ 42 Form of Register of wages cum-Muster Roll............................................................................ 42 FORM XIX.................................................................................................................................. 43

Wages Slip ................................................................................................................................ 43 FORM XX................................................................................................................................... 43 Register of Deductions for Damage of Loss.............................................................................

43 FORM XXI.................................................................................................................................. 44

Register of Fines....................................................................................................................... 44 FORM

XXII................................................................................................................................. 45 Register of Advances................................................................................................................ 45 FORM XXIII................................................................................................................................ 45 Register of Overtime ................................................................................................................

45 FORM XXIV

............................................................................................................................... 46 Return to

be by the contractor to the Licensing Officer.......................................................... 46 A & N ISLANDS CONTRACT LABOUR (REG. & ABO.) RULES,

1970 ANDAMAN AND NICOBAR ADMINISTRATION

CHIEF COMMISSIONER’S SECRETARY

NOTIFICATION

Port Blair, the 20th April 1974 Chaitra 30, 1896.

No. 74 F No 4/1 (4) 161-LC. - In exercise of the powers conferred by section 36 of the Contract Labour (Regulation and Abolition) Act, 1970 (Act 37 of 1970), read with the notification No.F 2/2/71 UUTT, dated the 30th March 1971of the Government of India, Ministry of Home Affairs, Har Mander Singh, Chief Commissioner, Andaman and Nicobar Islands hereby makes the following rules, the same having been previously published as required by section 35 of the said Act:

CHAPTER I

1. Short title, Extent and

Commencement:-

(1) These rules may be called the

Andaman and Nicobar Islands Contract

Labour (Regulation and Abolition) Rules,

1974.

(2) These rules shall extend to the

whole of the Andaman and Nicobar

Islands. (3) They shall come into force

at once.

2. Definitions

In these rules, unless the subject or

context otherwise requires:-

(a) "Act" means the Contract

Labour (Regulation and Abolition)

Act, 1970 ;

(b) "Appellate Officer" means the Appellate Officer appointed by the Chief  Commissioner under sub-section (1) of section 15;

(c) "Board" means the Advisory Contract Labour Board constituted for the Union Territory of Andaman and Nicobar Islands under section 4; (d)

"Chairman" means the Chairman of the Board;

(e) "Chief Commissioner" means a Chief Commissioner Andaman and Nicobar

Islands;

(f) “Committee” means a Committee constituted under Sub-Section (1) of Services; (g) "Form" means a form appended to these rules;

(h) "Section" means a section of the Act.

CHAPTER II

Andaman and Nicobar Advisory Contract Labour Board

3. The Board shall consist of the following:-

(a) A Chairman to be appointed by the Chief Commissioner;

(b) The Labour Commissioner Ex-Officio or in his absence any other officer of  nominated by the Chief Commissioner in that behalf;

(c) Two persons representing the Andaman and Nicobar Administration to be  appointed by the Chief Commissioner from amongst officials of the Andaman and Nicobar Administration;

(d) One person representing the Central Government, to be appointed by the Chief Commissioner Administration with the Central Government;

(e) Two person one representing the employer in public Sector, one representing  employers in private sector and one representing contractor to whom the Act  applies, to be appointed by the Chief Commissioner after consultation with  such organisation, if any, of the employers and the contractors.

(f) Three

persons one

representing

the employees

in public sector,

one  

representing

the employers

private sector

and one

representing

the employees

of contractors

to whom the

Act applies to

be appointed

by the Chief

Commissioner

after

consultation

with such

organisations, if

any, of employer representing the respective interest as may be recognised by the Chief Commissioner;

4. Terms of office:-

(1) The Chairman of the Board shall hold office as such for a period of the years from the date on which his appointment is first modified in the Official

Gazette.

(2) Each of the members of the Board, referred to in clause (c) and (d) of rule 3, shall hold office such during the pleasure of the Chief Commissioner.

(3) Each of the members referred to in clauses (e) and (j) of rules 3 shall hold office as such for period of three years commencing from the date on which his appointment is first notified in the Official Gazette.

Provided that where the successor of any such member has not been notified  in the Official Gazette on or before the expiry of the said period of three years, such member shall, notwithstanding the expiry the period of his office continue to hold such office until the appointment of the successor has been notified in the Official Gazette.

(4) If a member is unable to attend a meeting of the Board the Government or the body which appointed or nominated him may, by notice in writing signed on its behalf and by such member and addressed to the Chairman of the said Board, nominate a substitute in his place to attend the meeting and such a substitute member shall have all the rights of a member in respect of that meeting and any decision taken at the meeting shall be binding on the said body.

5. Resignation:-

(1) A member of the Board, not being an ex-officio member may resign his office by a letter in writing addressed to the Chief Commissioner;

(2) The office of the member of the board shall fall vacant from the date on which his resignation is accepted by the Chief Commissioner on the expiry of thirty days from the date of receipt of intimation of the resignation whichever is earlier.

6. Cessation of membership:-

If any member of the Board not being and Ex-officio member fails to attend three  consecutive meetings of the Board, without obtaining the leave of the Chairman for  such absence, he shall cease to be a member of the Board:

Provided that the Chief Commissioner may, if he is satisfied that such member was  prevented by sufficient cause from attending three consecutive meetings of the  Board, direct that such cessation shall not take place and on such direction, being  made, such member shall continue to be a member of the Board.

7.

Disqualification:-

(1) A person shall be disqualified for re-appointment and for being a member of the Board:-

(i) if he is of unsound mind and stands so declared by a competent Court; or (ii) if he is an undischarged insolvent; or

(iii) if he has been or is convicted of an offence which, in the opinion of the  Chief Commissioner involves moral turpitude.

(2) If any question arises as to whether a disqualification has been incurred under  sub-rule (1), Chief Commissioner shall decide the same..

8. Removal from membership:-

The Chief Commissioner may remove from office any member of the Board, if in its  opinion such a member has ceased to represent the interest which he purports to represent on the Board:

Provided that no such member shall be removed unless a reasonable opportunity is  given to him of making any representation against the proposed action. 9. Vacancy:-

When a vacancy occurs, or is likely to occur in the membership of the Board, the  Chairman shall submit a report to the Chief Commissioner and on receipt of such  report the Chief Commissioner shall take steps to fill the vacancy by making an  appointment from amongst the case of persons to which the person vacating  membership belonged and the person so appointment shall office for the reminder of the term of office of the member in which place he is appointed.

10. Staff:-

(1)

(i) The Chief Commissioner may appoint one of the officials of the  

Administration as Secretary to the Board and appoint such other staff as he may think necessary to the Board to carry out its functions.

(ii) The salaries and allowances payable to the staff and the other conditions of service of shall be such as may be decided by the Chief Commissioner.

(2)

(i) The Secretary shall assist the Chairman in convening meetings of the Board. (iii) The meetings but shall not be entitled to vote at such

meetings; (iv) shall keep a record of the minutes of such meetings and  (v) shall take necessary measures to carry out the decisions of the

Board. 11. Allowances of Member:-

(1) The

travelling

allowance of an

official member shall he governed by the rules applicable to him for journeys performed by him on official duties and shall be paid by the authority paying his salary.

(2) The non-official member of the Board shall be paid travelling allowances for  attending the meeting to the Board at such rates as are admissible to Grade I  Officers of the Central Government and daily allowances shall be calculated at  the maximum rate admissible to Grade I Officer of the Central Government of  daily allowances shall be calculated at the maximum rate admissible to Grade I Officers of the Central Government in their respective places.

12. Disposal of business:-

Every questions which the Board is required to take into Consideration shall be  considered at a meeting or if the Chairman so directs by sending the necessary  papers to every member for opinion and the question shall be disposed of in accordance with the decision of the majority.

Provided that tin the case of equality of votes, the Chairman shall have a second or  a casting vote.

Explanation:- “Chairman” for the purposes of this Rule shall include the Chairman  nominated under sub-rule (2) of rule 13 to preside over a meeting.

13. Meetings

(1) The Board shall meet at such places and times as may be specified by the  Chairman.

(2) The Chairman shall preside over every meeting of the Board at which he is  present. If the Chairman is absence nominate a members Board to preside over such meeting.

14. Notice of meetings and list of business

(1) Ordinarily seven days’ notice shall be given to the members of a proposed  meeting.

(2) No business which is not on the list of business for a meeting shall be considered at a meeting without the permission of the Chairman.

15. Quorum

No business shall be transacted at any meeting unless at least live members and  present.

Provided that if at any meeting less than live members are present, the Chairman  may adjourn the meeting to another date informing the members present and giving notice to the other members that he proposes to dispose of the business at the adjourned meeting whether there is prescribed quorum or not, and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of members attending the said meeting.

16. Committees of the board

(1)

(i) The Board may

constitute such

committees and for

such purpose or  

purposes as it may

think fit.

(ii) While constituting

the Committees, the

Board may nominate

one of its members

to be the Chairman

of the Committee.

(2)

(i) The Committee

shall meet at such

times and places as

the Chairman of the

said Committee may

decide  

(ii) Provisions of

Rules 12, 13 (2), 14 and 15 shall apply to the Committee for transact as a business at the meetings as they apply to the board subject to the notification that quorum as satisfied in rule shall be one third of the members instead of 5 members.

(3) The provisions of rule 11 shall apply to the members of the Committee for  attending the meetings of the Committee as they apply to the members of the  Board.

CHAPTER III  

REGISTRATION AND LICENSING

17. Manner of making application for registration of establishments:-

(1) The application referred to in sub-section (1) of section 7 shall be made in  triplicate in Form I to registering Officer of the area in which the establishment sought to be registered is located.

(2) The application referred to in sub-rule (1) shall be accompanied by a treasury  receipt showing payment of the fees for the registration of the

establishment.

(3) Every application referred to in sub-rule (1) shall be either personally delivered to the Registering Officer or sent to him by registered post.

(4) On receipt of the application referred to in sub rule (1), the Registering Officer  shall, after noting there on the date of receipt by him of the application, grant  an acknowledgment to the applicant.

18. Grant of certificate of registration:-

(1) The certificate of registration granted under sub-section (2) of section 7 shall be in Form II  

(2) Every certificate of registration granted under sub-section (2) of section 7 shall contain the following particulars, namely:

(a) The name and address of the establishment;

(b) The maximum number of workmen to be employed as contract labour in the establishment;

(c) The type of business, trade, industry, manufacture or occupation which is carried on in the establishment;

(d) such other

particulars as may be

relevant to the

employment of  

contract labour in

the establishment.

(3) The registering

officer shall maintain

a register in Form III

showing the  

particulars of

establishments in

relation to which

certificates of

registration have

been issued by him.

(4) If, in relation to an

establishment, there

is any change, in the

particulars specified

in the certificate of

registration, the principal employer of the establishment shall intimate to the registering officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.

19. Circumstances in which application for registration may be rejected:- (1) If any application for registration is not complete in all respects, the registering

officer shall require the principal employer to amend the application so as to make it complete in all respects.

(2) If the principal employer, on being required by the registering officer to amend his application for registration, omits or fails to do so, the registering officer shall reject the application for registration.

20. Amendment of certificate of registration:-

(1) Where, on receipt of the intimation under sub-rule (4) of rule 18, the registering officer is satisfied that an amount higher than the amount which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to deposit a sum which, together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment and to produce the treasury receipt showing such deposit.

(2) Where, on receipt of the intimation referred to in sub-rule (4) of rule 18, the  registering officer is satisfied that there has occurred a change in the  particulars of the establishment, as entered in the register in Form III, he shall  amend the said register and record therein the change which has occurred:

Provided that no such amendment shall affect anything done or any action  taken or any right, obligation or liability acquired or incurred before such  amendment:

Provided further that the registering officer shall not carry out any

amendment in the register in Form III unless the appropriate fees have been  deposited by the principal employer.

21. Application for a licence:-

(1) Every application by a contractor for the grant of a licence shall be made in  triplicate, in Form IV, to the licensing officer of the area in which the  establishment, in relation to which he is the contractor, is located.

(2) Every application for the grant of a licence shall be accompanied by a certificate by the

principal

employer in

Form V to the

effect that the

applicant has

been employed

by him as a

contractor in

relation to his

establishment

and that he

undertakes to

be bound by all

the provisions

of the Act and

the rules made

thereunder in

so far as the

provisions are

applicable to

him as

principal

employer in respect of the employment of contract labour by the applicant.

(3) Every such application shall be either personally delivered to the licensing officer or sent to him by registered post.

(4) On receipt of the application referred to in sub-rule (1), the licensing officer shall, after noting there on the date of receipt of the application, grant an  

acknowledgment to the applicant.

(5) Every application referred to in sub-rule (1) shall also be accompanied by a treasury receipt showing,

(i) the deposit of the security at the rates specified in rule 24, and

(ii) the payment of the fees at the rates specified in rule 26.

22. Matters to be taken into account in granting or refusing a licence In granting or refusing to grant a licence, the licensing officer shall take the following matters into account, namely:

(a) whether the applicant,

(i) is a minor, or

(ii) is of unsound mind and stands so declared by a competent court,

or (iii) is an undischarged insolvent, or

(iv) has been convicted (at any time during a period of five years immediately preceding the date of application) of an offence which, in the opinion of the Government, involves moral turpitude;

(b) whether there is an order of the appropriate Government or an award or  settlement for the abolition of contract labour in respect of the particular type  of work in the establishment for which the applicant is a contractor;

(c) whether any order has been made in respect of the applicant under sub section (1) of section 14, and, if so, whether a period of three years has elapsed from the date of that order;

(d) whether the fees for the application have been deposited at the rates specified

in rule 26; and

(e) whether security has been deposited by the applicant at the rates specified in  rule 24.

23. Refusal to grant licence:-

(1) On receipt of application from the Contractor and as soon as possible thereafter the licensing officer shall investigate or cause investigation to be made and satisfy himself about the correctness of the facts and particulars furnished in such application and

the eligibility of

the applicant

for the licence.

(2)

(i) Where the licensing officer is of opinion that the licence should not be  granted, he shall, after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application.

(ii) The order shall record the reasons for the refusal and shall be  

communicated to the applicant.  

24. Security:-

(1) Before a licence is issued, an amount calculated at the rate of Rs 30 for each of the workmen to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by the contractors for due performance of the conditions of licence and compliance with the provisions of the Act or the rules made thereunder.

Provided that where the contractor is a Co-operative Society, the amount  deposited as security shall be at the rate of Rs 5.00 for each of the workmen to be employed as a contract labour.

(2) The amount of security deposit, shall be paid in the local Treasury under Head of Account Section T-Deposits and Advances-Part II. Deposits not bearing interest (c) other Deposit Accounts fundamental and Judicial Deposits - Civil Deposits - Deposits under the Contract Labour (Regulation and Abolition) Act, 1970 (Central)”.

25. Forms and terms and conditions of licence:-

(1) Every licence granted under rule 23 shall be in Form VI.

(2) Every licence granted under rule 23 or renewed under rule 29 shall be subject to the following conditions, namely:

(i) the licence shall be non-transferable;

(ii) the number of workmen employed as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the licence;

(iii) save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the licence shall be non-refundable;

(iv) the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948 (11 of 1948), for such employment where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed;

(v)

(a) in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly  

employed by the principal employer of the establishment, the  rates of wages, holidays,

the hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment. In case of any disagreement with regard to the same or similar kind of work, the same shall be decided by the Registering Officer having jurisdiction over the area. Any person aggrieved by the decision of the Registering Officer may prefer an appeal to the Commissioner of Labour within thirty days from the date of receipt of such decision and his decision shall be final.

(b) in other cases the wages rates , holidays, hours of work] and  conditions of service of the workmen of the contractor shall be  such as may be specified in this behalf by the Labour  

Commissioner;

Explanation — While determining the wage rates, holidays, hours  of work and other conditions of service under (b) above, the

Labour Commissioner shall have due regard to wage rates  

holidays, hours of work and other conditions of service obtaining  in similar employment.

(vi)

(a) in every establishment where fifty 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;

(b) one of such rooms shall be used as a play room for the children and the other as bed room for the children;

(c) the contractor shall supply adequate number of toys and games in  the play room and sufficient number of cots and beddings in the  sleeping room;

(d) the standard of construction and maintenance of the creches shall be such as may be specified in this behalf by the Labour  

Commissioner, Andaman and Nicobar Islands.

(vii) The licensee shall notify any change in the number of workmen or the  conditions of work to the licensing officer.

26. Fees:-  

(1) The fees to be paid for the grant of certificate of registration under section 7  shall be specified below, namely:

If the number of workmen proposed to be employed on contract on any day:- Rs (a) to 20 20

(b) exceeds 20 but does not exceed 50 50

(c) exceeds 50 but does not exceed 100 100

(d) exceeds 100

but does not

exceed 200 200

(e) exceeds 200

but does not

exceed 400 400

(f) exceeds 400

500

(2) The fees to

be paid for the

grant or

renewal of a

licence under

section 12 shall  

be as specified

below:-

If

the number of workmen employed by the contractor on any day

Rs

(a) to 20 5.00

(b) exceeds 20 but does not exceed 50 12.50

(c) exceeds 50 but does not exceed 100 25.00

(d) exceeds 100 but does not exceed 200 50.00

(e) exceeds 200 but does not exceed 400 100.00

(f) exceeds 400 125.00

27. Validity of the licence:-

Every licence granted under Rule 25 or renewed under Rule 29 shall remain in force  twelve months from the date it is granted or renewed.

28. Amendment of the licence:-

(1) licence granted or renewed rule 25 or renewed under rule 29 shall remain in  force may for good and sufficient reasons be amended by the Licensing Officer.

(2) The contractor who desires to have the licence amended shall submit to the  licensing officer an application stating the nature of the amendment and  reasons therefore.

(3)

(i) If the licensing officer allows the application he shall require the

applicant to furnish the treasury receipt for the amount, if any by which the fees that would have been payable if the licence has been originally  issued an amended form exceeds the fees originally paid for the

licence.

(ii) On the applicant furnishing the requisite treasury receipt the licence shall be amended according to licensing officer.

(4) Where the application for amendment is refused, the licensing officer shall record the reasons for such refusal and communicate the same to the applicant.

29. Renewal of licence:-

(1) Every contractor shall apply to the licensing officer for renewal of the licence.

(2) Every such application shall be in Form VII in triplicate and shall be made not less than thirty days

before the date

on which the

licence expires,

and if the  

application is

so made, the

licence shall be

deemed to

have been

renewed until

such date when

the renewed

licence is

issued.

(3) The fees

chargeable for

renewal of the

licence shall be

the same as for

the grant

thereof;

Provided that if the application for renewal is not received within the time  specified in sub-rule (2), a fee of 25 per cent in excess of the fee ordinarily  payable for the licence shall be payable for such renewal:  

Provided further that in case where the licensing officer is satisfied that the  delay in submission of the application is due to unavoidable circumstances  beyond the control of the contractor, he may reduce or remit as he thinks fit,  the payment of such excess fee.

30. Issue of duplicate certificate of registration or licence:-

Where a certificate of registration or a licence granted or renewed under the  preceding rules is lost, stolen, defaced or accidently destroyed, not be granted on  payment of fees of rupees five.

31. Refund of security:-

(1)

(i) On expiry of the period of licence the contractor may, if he does not intend to have his licence renewed, make an application to the licensing officer for the refund of the security deposited by him under rule 24.

(ii) If the licensing officer is satisfied that there is no breach of the conditions of licence or there is no order under section 14 for the forfeiture of security or any portion thereof, he shall direct the refund of the security to the applicant.

(2) If there is any order directing the forfeiture of any portion of the security, the  amount to be forfeited shall be deducted from the security deposit, and  balance, if any, refunded to the applicant '

(3) Any application for refund shall, as far as possible, be disposed of within 60 days of the receipt of the application.

32. Grant of temporary certificate of registration and licence:-

(1) Where conditions arise in an establishment requiring the employment of contract labour immediately and such employment is estimated to last for not more than fifteen days, the principal employer of the establishment or the contractor, as the case may be, may apply for a temporary certificate of registration or licence to the registering officer or the licensing officer, as the case may be, having

jurisdiction over the area in which the establishment is situated.

(2) The application for such temporary certificate of registration or licence shall be made in triplicate in Forms VIII and X respectively and shall be accompanied by a treasury receipt or a crossed postal order drawn in favour of the appropriate registering or

licensing

officer, as the

case may be,

showing the

payment of

appropriate

fees and in

case of licence

the appropriate  

amount of

security also.

(3) On receipt

of the

application, complete in all respects, on being satisfied either on affidavit by the applicant or otherwise that the work in respect of which the application has been made would be finished in a period of fifteen days and was of a nature which could not but be carried out immediately, the registering or the licensing officer, as the case may be, shall within three days grant a Certificate of

registration in Form IX or a licence in Form XI, as the case may be, for a period of not more than fifteen days.

(4) Where a certificate of registration or licence is not granted the reasons therefor shall be recorded by the Registering Officer or the Licensing Officer, as the case may  

(5) On the expiry of the validity of the registration certificate the establishment shall cease to employ in the establishment contract labour in respect of which the certificate was given.

(6) The fees to be paid for the grant of certificate of registration under sub-rule  (3)shall be as specified below:

If the number of workmen proposed to be employed on contract on any day:  Rs (a) exceeds 20 but does not exceed 50 10.00

(b) exceeds 50 but does not exceed 200 20.00

(c) exceeds 200 30.00

(7) The fees to be paid for the grant of a license under sub-rule (3) shall be as  specified below:

If the number of workmen to be employed by the contractor on any day -.  Rs

(a) exceeds 20 but does not exceed 50 5.00

(b) exceeds 50 but does not exceed 200 20.00

(c) exceeds 200 30.00

(8) The provisions of rule 23 and rule 24 shall apply to the refusal to grant licence or to grant licence under sub-rule (4) and sub-rule (3) respectively.

CHAPTER IV  

APPEALS AND PROCEDURE

33.

(1)

(i) Every appeal under sub-section (1) of section 15 shall be preferred in the form of a

memorandum signed

by the appellant or

his authorized agent

and presented to the Appellate Officer in person or sent to him by  

registered post.

(ii) The memorandum shall be accompanied by a certified copy of the order  appealed from and a treasury receipt for rupees 10.

(2) The memorandum shall set forth concisely and under distinct heads the grounds of appeal to the order appealed from.

34.

(1) Where the memorandum of appeal does not company with the provisions of sub rule (2) of rule 33 it may be rejected or returned to appellant for the purpose of being amended within a time to be fixed by the Appellate Officer.

(2) Where the Appellate Officer rejects the memorandum under sub-rule (1) he shall record the reason for such rejection, and communicate the order to the  appellant.

(3) Where the memorandum of appeal is in order the Appellate Officer shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in a book to be kept for the purpose called the Register of Appeals.

(4)

(i) When the appeal has been admitted, the Appellate Officer shall send the notice of the appeal to the Registering Officer or the Licensing Officer as the case may be, from whose order the appeal has been preferred and

the Registering Officer or the Licensing Officer shall send the record of the case to the Appellate Officer.

(ii) On receipt of the record, the Appellate Officer shall send a notice to the  appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal.

35.

If on the date fixed for hearing, the Appellant does not appear, the Appellate Officer  may dismiss the appeal for default of appearance of the appellant.

36.

(i) Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the re-admission of the appeal, and where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the Appellate Officer shall restore the appeal on its original number.

(ii) Such an application shall, unless the Appellate Officer extends the time for  sufficient reason, be made within 30 (thirty) days of the date of dismissal.

37.

(1) If the appellant is present when the appeal is called on for the hearing, the  Appellate Officer shall proceed to hear the appellant or his authorised agent and any other

person summoned by him for this purpose, and pronounces judgment on the appeal, either confirming, reversing or varying, the order appealed from.

(2) The judgment of the Appellate Officer shall state the points for determination, the decisions thereon and the reasons for the decisions.

(3) The order shall be communicated to the appellant and copy thereof shall be sent to the Registering Officer or the Licensing Officer from whose order the appeal has been preferred.

38. Payment of Fees :-

Unless otherwise provided in these rules all fees to be paid under rules shall be paid  in the local treasury under the head of account “XXXII Mise-Social and Development  Organisation Labour and Employment Fees under Andaman and Nicobar Islands  Contract labour (Regulation and Abolition Rules, 1971 and a receipt obtained which  shall be submitted with the application or the memorandum of appeal, as the case  may be.

39. Copies :-

Copy of the order of the Registering Officer, Licensing Officer or the Appellate Officer may be obtained on payment of fees of rupees two for each order and on an  application specifying the date of the order, made to the officer concerned.

CHAPTER V

WELFARE AND HEALTH OF CONTRACT LABOUR

40.

(1) The facilities required to be provided under sections 18 and 19 of the Act, namely, sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals, washing facilities and first-aid facilities shall be provided by the contractor in the case of the existing establishments within seven days of the commencement of the employment of contract Labour therein.

(2) If any of the facilities mentioned in sub-rule (1) is not provided by the contractor within the period prescribed the same shall be provided by the principal employer within seven days of the expiry of the period laid down in  the said sub- rule.

41. Rest Rooms:-

(1) 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 contract labour is likely to continue for 3 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 establishments, and within fifteen days of the commencement of the employment of contract labour in new establishments.

(2) If the

amenity

referred to in sub-rule (1) is not provided by the contractor within the period prescribed, the principal employer shall provide the same within a period of fifteen days of the expiry of the period laid down in the said sub-rule.

(3) Separate rooms shall be provided for women employees.

(4) 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.

(5) The rest room or other suitable alternative accommodation shall be of such  dimensions so as to provide at least a floor area of 1.1 sq. metre for each  person making use of the rest room.

(6) 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.

(7) 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.

42. Canteens:-

(1) In every establishment to which the Act applies and wherein work regarding the

employment of contract labour is likely to continue for six months and wherein contract 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 60 (sixty) days of the commencement of the employment of Contract Labour in the case of new establishments.

(2) If the contractor fails to provide the canteen within the time laid down, the same shall be provided by the principal employer within sixty days of the expiry of the time allowed to the contractor.

(3) The canteen shall be maintained by the contractor or principal employer, as the case may be, in an efficient manner.

43.

(1) The canteen shall consist of at least a dining hail, kitchen, store-room, pantry and washing places separately for workers and for utensils.

(2)

(i) The canteen shall be sufficiently lighted at all times when any person has access to it.

(ii) The floor shall be made of smooth and impervious materials and inside  walls shall be lime-washed or colour-washed at least once in each year:

Provided that the

inside walls of the kitchen shall be lime washed every four months.

(3)

(i) The precincts of the canteen shall be maintained in a clean and sanitary  condition.

(ii) Waste water shall be carried away in suitable covered drains and

shall not be allowed to accumulate so as to cause a nuisance.

(iii) Suitable arrangements shall be made for the collection and disposal of  garbage.

44.

(1) The dining hall shall accommodate at a time at least 30 per cent. of the contract labour working at a time.

(2) The floor area of the dining hall, excluding the area occupied by the service  counter and any furniture except tables and chairs shall be not less than one square metre per diner to be accommodated as prescribed in sub-rule

(1). (3)

(a) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers, in proportion to their number.

(b) Washing places for women shall be separate and screened to secure

privacy.

(4) Sufficient tables, stools, chairs or benches shall be available for the number of  diners to be accommodated as prescribed in sub-rule (1).

45.

(1)

(i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen.

(ii) The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition.

(2)

(i) Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.

(ii) A service counter, if provided, shall have a top of smooth and

impervious material.

(iii) Suitable facilities including an adequate supply or hot water shall be  provided for the cleaning of utensils and equipment.

46.

The foodstuffs and other items to be served in the canteen shall be in conformity  with the normal habits of the contract labour.

47.

The

charge for food-stuffs, 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.

48.

In arriving at the prices of foodstuffs and other articles served in the canteen shall  be based on "no profit, no loss" and shall be conspicuously displayed in the canteen-

(a) the rent for the land and building ;

(b) the depreciation and maintenance charges for the building and equipment  provided for in the canteen ;

(c) the cost of purchase, repairs and replacement of equipment‘s including  furniture, crockery, cutlery and utensils ;

(d) the water charges and other charges incurred for lighting and ventilation ;

(e) the interest on the amounts spent on the provision and maintenance of furniture and equipment provided for in the canteen.

49.

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.

50.

The accounts pertaining to the canteen shall be audited once in every 12 months by  Chartered Accountants and Auditors.

Provided that the Labour Commissioner Andaman and Nicobar Islands 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 in view of the site or the location of the  canteen.

51. Latrines and Urinals:-

Latrines shall be provided in every establishment coming within the scope of the Act  on the following scale, namely:

(a) where females are employed, there shall be at least one latrine for every 25  females ;

(b) where males are employed, there shall be at least one latrine for every 25 males:

Provided that where the number of males or females exceeds 100, it shall be  sufficient if there is one latrine for every 25 males or females, as the case may  be, up to the first 100, and one for every 50 thereafter.

52.

Every latrine shall be under cover and so partitioned off as to secure privacy, and  shall have a proper door and fastenings.

53.

(i) Where

workers of both

sexes are

employed,

there shall be

displayed

outside each

block of latrine

and urinal a

notice, in the

language

understood by

the majority of

the workers "

For Men only "

or " " For

Women Only ",

as the case  

may be.

(ii) The notice

shall also bear

the figure of a man or of a woman, as the case may be.

54.

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:

Provided that where the number of male or female workmen, as the case may be,  exceeds 500 it shall be sufficient if there is one urinal for every 50 males or females up to the first 500 and one for every 100 or part thereafter.

55.

(1) The latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment.

(2)

(i) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times.

(ii) Latrines and urinals other than those connected with a flush sewage system shall comply with the requirements of the public health authorities.

56.

Water shall be provided by the means of tap or otherwise so as to be conveniently  accessible in or near latrine and urinals.

57. Washing Facilities:-

(1) 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.

(2) Separate and adequate screening facilities shall be provided for the use of male and female workers.

(3) Such facilities shall be conveniently accessible and shall be kept in clean and  hygienic condition.

58. First-Aid Facilities:-

In every establishment coming within the scope of the Act there 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.

59.

(1) The first-aid

box shall be

distinctively

marked with a

red cross on a

white ground

and shall

contain the

following

equipment,

namely:

A. For establishments in which the number of contract labour employed does not exceed fifty,

Each first-aid box shall contain the following equipment

(i) 6 small sterilized dressings.

(ii) 3 medium size sterilized dressings.

(iii) 3 large size sterilized dressings.

(iv) 3 large sterilized burn dressings.

(v) 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label.

(vi) 1 (30 ml.) bottle containing a two per cent alcoholic solution of  iodine.

(vii) 1 snake-bite lancet.

(viii) 1 (30 gms.) bottle of potassium permanganate

crystals. (ix) 1 pair of scissors.

(x) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advice Service and Labour Institute, Government of India.

(xi) A bottle containing 100 tablets (each of 5 gms.) of

aspirin. (xii) Ointment for burns.

(xiii) A bottle of suitable surgical anti-septic solution.

B. For establishments in which the number of contract labour exceeds fifty,  Each first-aid box shall contain the following equipment:

(i) 12 small sterilized dressings.

(ii) 6 medium size sterilized dressings.

(iii) 6 large size sterilized dressings.

(iv) 6 large size sterilized burn dressings.

(v) 6 (15 gms.) packets sterilized cotton wool.

(vi) 1 (60 ml.) bottle containing salvolatile having the dose and mode

of administration indicated on the label.

(vii) 1 (60 ml.) bottle containing a two per cent. alcoholic solution of  

iodine.

(viii) 1 roll of adhesive plaster.

(ix) A snake-bite lancet.

(x) 1 (30 gms.) bottle of potassium permanganate crystals

(xi) 1 pair of scissors.

(xii) I copy of the first-aid

leaflet issued by the

Director-General, Factory

Advice Service and Labour

Institute, Government of

India.

(xiii) A bottle

containing 100

tablets (each of 5

gms.) of aspirin.

(xiv) Ointment for burns.

(xv) A

bottle of

a

suitable

surgical

antiseptic solution.

(2) Adequate arrangement shall be made for immediate recoupment of the  equipment when necessary.

60.

Nothing except the prescribed contents shall be kept in the First-Aid

Box. 61.

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.

62.

A person in charge of the First-Aid Box shall be a person trained in First-Aid treatment, in establishments where the number of contract labour employed is 150 or more.

CHAPTER VI

WAGES

63.

The contractor shall fix wage periods in respect of which wages shall be payable. 64.

No wage period shall exceed one month.

65.

The wages of every person employed as Contract Labour in an establishment or by a  contractor shall be paid before the expiry of the 10th day of employed within the  Municipal limits of Port Blair and in all other areas before the expiry of 20th day after the last day of wage period in respect of which wages are

payable. 66.

Where the employment of any worker is terminated by or on behalf of contractor the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated.

67.

All payments of wages shall be made on a working day at the work premises and  during the working time and on a date notified in advance and In case the work is  completed before the expiry of the wage period, final payment shall be made within  48 hours of the last working day.

68.

Wages

due to

every

worker

shall be

paid to

him

direct or

to other

person

authorised by him in this behalf.

69.

All wages shall be paid in current coin or currency or in both.  

70.

Wages shall be paid without any deductions of any kind except those specified by the Andaman and Nicobar Admiration by general or special order in this behalf or  permissible under the Payment of Wages Act, 1936 ( Act IV of 1930).

71.

A notice showing the wage period and the place and time of disbursement of wages  shall be displayed at the place of work and a copy sent by the contractor to the  Principal Employer under acknowledgement.

72.

The Principal Employer shall ensure the presence of his authorized representative at  the place and time of disbursement of wages by the contractor to workmen and it  shall be the duty of the contractor to ensure the disbursement of wages in the  presence of such authorized representative.

73.

The authorized representative of the Principal Employer shall record under his  signature a certificate at the end of the entries in the Register of Wages cum Muster Roll, as the case may be in the following form:

"Certified that the amount shown in column No. ...............has been paid to the  workman concerned in my presence on…………………………………… at

CHAPTER VII

REGISTERS AND RECORDS AND COLLECTION OF STATISTICS

74. Register of contractors:-

Every principal employer shall maintain in respect of each registered establishment  a register of contractors in Form XII.

75. Register of persons employed:-

Every contractor shall maintain in respect of each registered establishment where  he employs contract labour a register in Form XXVI.

76. Employment card :-

(i) Every contractor shall issue an employment card in Form XIV to each worker  within three days of the employment of worker.

(ii) The card shall be maintained upto date and any change in the particulars shall be entered therein

77. Service Certificate:-

On

termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated a Service Certificate in Form XV.

78. Muster Roll , Wages Register, Deduction Register and Overtime Register:-

(1) In respect of establishments which are governed by the Payment of Wages Act, 1936 (Act IV of 1936) and the rules made thereunder, or the Minimum Wages Act, 1948 ( Act 11 of 1948) and the rules made thereunder, the following registers and records, required to be maintained by a contractor as employer under these Acts, and the rules made thereunder shall be deemed to be the registers and records to be maintained by a contractor under these rules:

(a) Muster Roll;

(b) Register of Wages;

(c) Register of Deduction;

(d) Register of Overtime;

(e) Register of fines;

(f) Register of advance ;

(2) In respect of establishments not covered under sub-rule (1) the following  provisions shall apply, namely:-

(a) Every contractor shall maintain a Muster Roll Register and a Register of wages in form XVI and Form XVII respectively.

Provided that a combined muster roll cum wages register in Form XVIII  shall be maintained by the contractor where the wage period is a fort  night or less.

(b) Where the wage period is one week or more the contractor shall issue wage slips to Form XIX to the workers at least a day prior to the disbursement of wages.

(c) Signature of thumb-impression of every worker on the register of wages

or wages-cum-muster roll as the case may be shall be obtained and

entries therein shall be authenticated by the initials of the contractor or  his representative and duly certified by the authorised representative of  the Principal Employer as required by rule 73.

(d) Registers of deductions, fines and advance:-

Register of deductions for damage or los Register fines and Register of  advances shall be maintained by every contractor in Form XX, XXI and

XXI respectively;

(e) Register of overtime:-

A register of overtime shall be maintained by very contractor inform XXIII to record therein number of hours and wages paid for overtime work if any.

(3)

Notwithstanding anything contained in these rules, where a combined or  alternative form is sought to be used by the contractor to avoid duplication of  work for compliance with the provisions of any other Act or the rules framed  thereunder or any other laws or regulations or in cases where mechanised pay rolls are introduced for better administration, alternative suitable form or forms in lieu of any of the forms prescribed under these rules may be used with the previous approval of the Labour Commissioner Andaman an Nicobar Islands.

79.

Every contractor shall display an abstract of the Act and rules in English and Hindi and in the language spoken by the majority of workers in such form as may be approved by the Labour Commissioner Andaman and Nicobar Islands.

80.

(1) All registers and other records required to be maintained under the Act and rules, shall be maintained complete and UpToDate and unless otherwise provided for shall be kept at an office or the nearest convenient building within the precincts of the work place or at a place within a radius of three kilometers.

(2) Such registers shall be maintained legibly in English or Hindi.

(3) All the registers and other records shall be preserved in original for a period of  three calendar years from the date of last entry therein.

(4) All the registers, records and notices maintained under the Act or rules shall be produced on demand before the Inspector or any other authority under the Act or any person authorised in that behalf by the Chief Commissioner.

(5) Where no deduction or fine has been imposed or no overtime has been worked during any wages period a ‘nil’ entry shall be made across the body of the register at the end the wage period indicators also in precise terms the wage period to which ‘nil’ entry relates in the respective registers maintained Form XX, XXI and XXIII respectively.

81.

(1)

(i) Notices showing the rates of wages, hours of work, wage periods, dates of payments of wages, names and addresses of the Inspectors having  jurisdiction, and date of payment of unpaid wages, shall be displayed in  Tamil and in English in conspicuous places at the establishment and the  worksite by the principal employer or the contractor, as the case may be.

(ii) The notices shall be correctly maintained in a clean and legible condition.

(2) (2) A

copy of

the

notice

shall be sent to the Inspector and whenever any changes occur, the same shall be communicated to him forthwith.  

82.

(1) Every contractor shall 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.  

Note — Half-year for the purposes of this rule means "a period of six months,  commencing from the 1st January and the 1st July of every year ".

(2) Every principal employer of a registered establishment shall send annually a return in Form XXV (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.

83.

(1) The Board, Committee, the Labour Commissioner, Andaman and Nicobar Islands or the Inspector or any other authority under the Act shall have powers to call for any information or statistics in relation to Contract Labour from any contractor or Principal Employer at any time by an order in writing.

(2) Any person called upon to furnish the information under sub-rule (1) shall be  legally bound to do so.

FORM I

[See Rule 17(1)]

Application for registration of Establishment Employing Contract Labour: 1. Name and location of the Establishment :

2. Postal address of the Establishment :

3. Full name and address of the Principal Employer (furnish father’s name in the  case of individuals).

4. Full name and address of the Manager or person responsible for the supervision and control of the establishment.

5. Nature of work carried on the Establishment

6. Particulars of contractors and contract labour.

(a) Names and Address of Contractors.

(b) Nature of work in which contract labour to be employed or is to be  employed.

(c) Maximum number of Contract labour to be employed on any day through each contractor.

(d) Estimated date of termination of employment of contract labour under  each contractor.

7. Particular of treasury Receipt enclosed..................................

(Name of the

Treasury,

Amount and

Date.)

I hereby

declare that

the particulars

given above are

true to the best

of my

knowledge and

belief.

Principal

employer

Seal &

Stamp

Date of receipt

of Application

Office of the

Registering  

Officer

FORM II

[See Rule 18 (1)]

Certificate of Registration

No. Date:

(Andaman and Nicobar Administration)

Office of the Registering Officer.

A certificate of Registration containing the following particulars is hereby granted  under sub-section (2) of section 7 of the Contract Labour (Registration and abolition) Act 970, and the thereunder to .................................................

1. Nature of work carried on the Establishment

2. Name and address of contractors.

3. Nature of work in which contract labour employed or is to be employed.

4. Maximum number of contract labour to be employed on any day through each contractor

5. Other Particulars relevant to the employment of contract labour.

Signature of Registering Officer with seal.

FORM III

[See Rule 18 (3)]

Register of Establishments.

Sl.  

No.

Registration  

No. & date

Name & Address

of the

establishment  

registered

Name of  

Types of business,

trade, industry,

the  

manufacture or  

Principal

occupation, which is

carried on in the est.

1

2

3

4 5

Particulars of contractor and contract labour.

Total No.

of  

workmen  

directly  

employed

Name and  

address of  

Contractor

Nature of

work in

which  

contract

labour is

employed or  

is to be  

employed

Maximum

Probable  

duration of  

No. of

employment

contract  

of contract

labour to

labour

be  

employed

on any day

Remarks

6

7

8

9 10

11

FORM IV

[See Rule 21(1)]

Application for Licence

1. Name and address of the contracts (including his father’s name is case of  individuals).

2. Date of birth and Age (in case of individuals).

3. Particulars of Establishment where Contract Labour is to be

employed, (a) Name and address of the establishment:

(b) Type of business, trade, Industry, manufacture on occupation, which is  carried on establishment:

(c) Number and date of Certificate of Registration of the Establishment under the Act:

(d) Name and address of the Principal Employer:

4. Particulars of contract labour:-

(a) Nature of work in which contract labour is employed or is to be employed in the establishment:

(b) Duration of the proposed contract work (give particulars of proposed date of contract and ending):

(c) Name and address of the Agent or Manager of contractor at the work site:

(d) Maximum No. of contract labour proposed to be employed in the  establishment on any day.

5. Whether the contractor was convicted of any offence within the preceding five years. If so give details.

6. Whether

there was any

order against

the contractor

revoking or

suspending  

licence or

forfeiting

security

deposits in

respect of an

earlier contract. If so, the date of such order.

7. Whether the contractor has worked in any other establishment within the past five year. If so give details of the Principal Employer Establishments and Nature of work.

8. Whether a certificate by the Principal Employer in form V is enclosed

9. Amount of licence fee paid, No. of treasury Challan and date.

10. Amount of security deposit, Treasury Receipt No. and date.

DECLARATION – I hereby declare that the details given above are correct to the best of my knowledge and belief.

Place: Signature of the applicant Date : (Contractor)

Note -- The application should be accompanied by a Treasury Receipt for the  appropriate amount and a certificate in Form V from the Principal Employer.

(To be filled in the office of the Licensing Officer)

Date of receipt of the application with challan for fees/security

deposit. Signature of the Licensing Officer

FORM V

[See Rule 21(2)]

Form of certificate by Principal employer

Certified that I have engaged the application name of the contractor as a contractor  in my establishment. I undertake to be bound by all the provisions of the contract,  labour regulation and abolition act, 1970 under the Andaman and Nicobar Islands,  contract, labour regulation and abolition rules, 1973 in so far as the provisions are

applicable to me in respect of the employment of the contract labour by the  applicant in my establishment.  

Place Signature of principal employer Date Name and address of the

establishment

FORM VI

[See Rule 25(1)]

(Andaman and Nicobar Administration)

Office of the Licensing Officer,

License No...................Dated....................... ……Fee paid

Rs…….................. LICENCE

License is here by granted to ……… under section 12(1) of the contract Labour  (Regulation and abolition) Act, 1970 subject to the Conditions specified in Annexure.

The licence shall remain in force till ……….

Date: Signature and Seal of the Licensing Officer: Date:  

RENEWAL

(rule 29)

Date of renewal

Fees paid for renewal Date of expiry

ANNEXURE

The license is subject to the following conditions:

1. Their license shall be non-transferable.  

2. The number of workmen employed as contract labour in the establishment shall not, on any day, exceed line, except as provided in the rules, the fees paid for the grant or us the case may be, for renewal of the license shall be  non-refundable.  

3. Except as provided in the rules the fees paid for the grant, or us the case may be, for renewal of the licence shall be non-refundable.

4. The rates of the wages payable to the workmen by the contractor shall not be less than the rate prescribed for the schedule of employment under the minimum wages act, 1948, where applicable underwear the rates have been fixed by agreement, settlement of awards, not less than the rules fixed.

5. In case where the workmen employed by the contracts perform the same or  similar kind of works as the workmen directly employed by the principal  employer of the establishment the rates, holidays, hours of work and other  conditions of a service of the workmen of the contractor shall be applicable to  the workmen directly employed by the principal employer of the establishment on the same or similar kind of work and provided that in the case of any disagreement, with regard to the type of the work, the same shall be decided by the labour commissioner, Andaman and Nicobar Island whose decision shall be final.

6. In other cases, the wage rate, holiday, house of work, conditions of service of the workers of the contractor shall be such as maybe specified in this behalf by labour commissioner, Andaman and Nicobar island.

7. In every year

establishment

where 20 or more women or ordinary employed as contract labour, there shall be provided to rooms of reasonable dimensions for the use of their children under the age of six years. Such rooms could be used as a play room for the children and the other bedroom for the children. For this purpose, contractor shall supply adequate number of toys and games in the play room and sufficient number of cards and weddings in the sleeping room. The standard of construction and maintenance of the crèches may be such as may be specified in this behalf by labour commissioner, Andaman and Nicobar Islands.

8. The license shall notify any change in the number of workmen or the conditions of work to the licensing officer.

FORM VII

[See Rule 29(2)]

Application of Renewal of Licences

1. Name and address of the contractor.

2. Number and date of the licence.

3. Date of expiry of the previous licence.

4. Whether the licence of the contractor was suspended or revoked.

5. Number and date of the treasury receipt enclosed.

Place:

Date:

Signature of the applicant. (To be filled in office of the Licensing Officer). Date of receipt of the application with Treasury Receipt No. and date.

Signature of the Licensing Officer.

FORM VIII

[See Rule 32 (2)]

Application for Temporary Registration of Establishments Employing Contract Labour 1. Name and location of the Establishment.

2. Postal address of the Establishment.

3. Full name and address of the Principal Employer (Furnish father’s name in the  case of individuals).

4. Full name and address of the Manager or persons responsible for the supervision and contract of the establishment.

5. Nature of work carried on in the establishment.

6.

Particulars of contract labour.

A. Nature of work in which contract labour is to be employed and reasons for urgency.

B. Maximum number of contract Labour to be employed on any day

C. Estimated date of termination of employment of contract labour

7. Particulars of Treasury Receipt enclosed ……………………

I hereby declare that the particulars given above are true to the best of my  knowledge and belief

Principal Employer Seal and Stamp

Time and date of receipt of application with Treasury Receipt

 

Office of the Registering Officer.

FORM IX

[See Rule 32 (3)]

Date of expiry …………. Temporary Certificate of Registration

Date …………. Andaman and Nicobar Administration

Officer the Registering Officer

A temporary Certificate of Registration containing the following particulars is hereby granted under sub-Section (2) of section 7 of the Contract Labour (Regulation and Abolition) Act 1970, and the rules made thereunder,  to………………………………………………… Valid from………………………… to …………………

1. Nature of work carried on in the establishment.

2. Nature of work in which of contract labour is to be employed.

3. Maximum number of contract labour to be employed on any day. 4.

Other particulars relevant to the employment of contract labour.  

Signature of Registration Officer With Seal

FORM X

[See Rule 32 (2)]

Application of Temporary Licence.

1. Name and address of the contractor.

2. Date of

birth and

age (in

case of Individuals).

3. Particulars of Establishment where Contract Labour is to be

employed:- (a) Name and address of the Establishment:

(b) Type of business, trade, Industry, manufacture on occupation, which is  carried on establishment:

(c) Name and address of the Principal Employer:

4. Particulars of contract Labour:-

(a) Nature of work in which contract labour is to be employed in the establishment.

(b) Duration of the proposed contract work (give particulars of proposed date of contract and ending):

(c) Name and address of the Agent or Manager of contractor at the work site:

(d) Maximum No. of contract labour proposed to be employed in the  establishment on any day:

5. Whether the contractor was convicted of any offence within the preceding five years. If so give details.

6. Whether there was any order against the contractor revoking or suspending  licence or forfeiting security deposits in respect of an earlier contract. If so, the date of such order.

7. Whether the contractor has worked in any other establishment within the past five year. If so give details of the Principal Employer Establishments and Nature of work.

8. Amount of licence fee paid, No. of treasury Challan and date.

9. Amount of security deposit, Treasury Receipt No. and date.

I hereby declare that the particulars given above are true to the best of my  knowledge and belief.

Place: Signature of the applicant Date: (CONTRACTOR)

(To be filled in the office of the Licensing Officer) Date of receipt of the application  with challan for fees/security deposit.

Signature of the Licensing Officer

FORM XI

[See Rule 32 (3)]

Andaman and Nicobar Administration

Office of the Licensing Officer,

License

No..............Dated................……Fee paid Rs……..................

Signature of the Licensing Officer. Temporary Licence Expires

on.......................................................

License is here by granted to ……… under section 12(2) of the contract Labour  (Regulation and abolition) Act, 1970 subject to the Conditions specified in

Annexure.

The licence shall remain in force till ……….

Date Signature and Seal of the Licensing Officer.

ANNEXURE

The license is subject to the following conditions:

1. Their license shall be non-transferable.  

2. The number of workmen employed as contract labour in the

establishment shall not, on any day,

exceed.......................................................

3. Except as provided in the rules the fees paid for the grant, or us the case may be, for renewal of the licence shall be non-refundable.

4. The rates of the wages payable to the workmen by the contractor shall not be less than the rate prescribed for the schedule of employment under the minimum wages act, 1948, where applicable underwear the rates have been fixed by agreement, settlement of awards, not less than the rules fixed.

5. In case where the workmen employed by the contracts perform the same or  similar kind of works as the workmen directly employed by the principal  employer of the establishment the rates, holidays, hours of work and other  conditions of a service of the workmen of the contractor shall be applicable to  the workmen directly employed by the principal employer of the establishment on the same or similar kind of work and provided that in the case of any disagreement, with regard to the type of the work, the same shall

be decided by the labour commissioner, Andaman and Nicobar Island whose  decision shall be final.

6. In other cases the wage rate, holiday, house of work, conditions of service of the workers of the contractor shall be such as maybe specified in this behalf by labour commissioner, Andaman and Nicobar island.

FORM XII

[See Rule 74]

1. Name and address of the Principal

Employer............................... 2. Name, address of the

establishment..........................................

Sl.  

No.

Name and  

address of the  

Contractor

Nature of  

work on  

contract

Location of  

Period of  

Maximum No.

contract  

contract

of workmen  

work

employed

From To

FORM XIII

[See Rule 75]

Register of Workmen Employed by

Contractor.

Name and address of

Contractor.....................  

Name and address of establishment

in/under which contractor is carried  

on...................

Name and location of

work...............................  

Name and address of Principal

Employer............

Sl.  

No.

Name &  

Surname

of  

workman

Age  

&  

Sex

Father’s/Husban

d’s Name

Nature of  

Permanent Home  

employment  

Address of

workman (Village

Designation

and  

Tehsil/Taluka and  

District)

1

2

3

4

5 6

Local  

Address

Date of  

commencement

Signature of  

Thumb  

impression

of  

workman

Date of  

Reasons

for  

termination

of  

terminati

employment

Remarks

on

7

8

9

10 11

12

FORM XIV

[See Rule 78(2)(a)]

Employment Card

Name and address of Contractor.....................

Name and address of establishment in/under which contractor is carried  

on...................

Name and location of work...............................  

Name and

address of

Principal

Employer............

1. Name of the workman .......................  

2. Sl. No. in the register of workmen employed .......................  

3. Nature of employed/Designation .......................  

4. Wage rate(with particulars of unit, in case of piece-work) .......................

5. Wage period .......................  

6. Tenure of employment .......................  

7. Remarks .......................

Signature of Contractor.

FORM XV

[See Rule 78(2)(a)]

Name and address of Contractor.....................  

Name and address of establishment in/under which contractor is carried  on...................

Name and location of work...............................

Name and address of Principal Employer............

Name and address of the workman.............................................

Age or Date of Birth................................................

Identification Marks.................................................

Father’s/Husband’s Name.......................................

Sl.  

No.

Total

period  

for

Nature of

work done

Rate of wage (with particulars

of unit in case of piece-work)

Remarks

Which  

employed

From

To

1

2

3

4

5

6

FORM XVI

[See Rule 78(2)(a)]

Muster Roll

Name and address of Contractor.....................  

Name

and

address of establishment in/under which contractor is carried on.......... Name and location of work...............................  

Name and address of Principal Employer............

For the month of......................

SI No.

Nature of workman

Father’s /Husband’s name Se

Dates

x

Remarks

1 2 3 4

5

FORM XVII

[See Rule 78(2)(a)]

Register of Wages

Name and address of Contractor.....................  

Name and address of establishment in/under which contractor is carried on........... Name and location of work...............................  

Name and address of Principal Employer............

Wage period: Monthly......................

Sl.  

No.

Name of  

employee

S. No. in  

register of  

work-man

Designation  

No. of  

units of  

nature of

days  

work  

work done

worked

done

Daily rate

of wages

piece rate

1

2

3

4 5 6

7

Amount of wages earned

Deduc

Net

Initials of  

contractor

Basic  

wag

e

s

Dearne

ss

allowan

ce

Ov

er

ti

m

e

Other

cash

payme

nt s

(natur

eof

payme

nt s

to be  

indicated

Tot

al

Signatur

tio n,

amou

e/

if any

Thumb  

nt

(indica

impressi

paid

te  

on of

nature

workman

)

or his  

represent

ati ve

)

8

9

10

11

12

13 14 15

16

FORM XVIII

[See Rule 78(2)(a)]

Form of Register of wages cum-Muster

Roll

Name and address of

Contractor.....................  

Name and address of establishment

in/under which contractor is carried  

on...................

Name and location of

work...............................  

Name and address of Principal

Employer............

Wage period:

Weekly/Fortnightly......................

From....................To.......................

Sl.  

No.

S. No. in  

register

of  

work-m

an

Name of  

employee

Designati

on  

nature of  

work

Daily  

Total  

attendanc

attendances/  

units of work  

es/ units

done

worked

12...........1

5

Daily  

rate of  

wages  

piece  

rate

1

2

3

4

5 6

7

Amount of wages earned

Deducti

Signat

Net  

ure /

o

Thumb  

amo

impres

un t

n, if any  

paid

(indicate

Initials of  

contractor

or his  

representa

Basi

c

wag

e

s

Dearne

ss  

allowa

nc e

Ov

e

r  

tim

e

Other  

Tota

cash  

l

payme

nt s

(natur

e of  

paym

nature) sio n of  workma

n

tiv e

ent s

to be

indicat

ed )

8

9

10

11 12

13 14 15

16

FORM XIX

[See Rule 78(2)(b)]

Wages Slip

Name and address of contractor......................  

Name and Father’s/ Husband name of the

workman............................................... Nature and location of

works............................  

For the week/Fortnight/Month ending..............  

1. Number of days worked...................................  

2. Number of days worked in ease of piece into .............

worked............. 3. Rate of daily wages/ piece rate

.....................................

4. Amount of overtime wages ...........................................

5. Contractor payable ......................

6. Deductions, if any ............................

7. Net amount of wages paid....................  

 

Initials of the Contractors or his representation  

FORM XX

[See Rule 78(2)(d)]

Register of Deductions for Damage of Loss

Name and address of contractor......................  

Name and address of establishment in/under which contractor is carried on...................

Name and location of work...............................  

Name and address of Principal Employer.......................

SI  

No

.

Name of  

Workman

Father’s/Husb

an d’s name

Designatio

Particula

Date of  

dama

n/ Nature

rs of

ge or

of  

damage  

loss

or loss

employment

Whether  

Workm

an  

showed  

case  

against  

deduction

1

2

3

4 5 6

7

Name of person

is whose

presence  

employee’s

Amount of  

deduction  

imposed

No of  

Date of Recovery

instalments

Remarks

explanation was  

heard

First  

Last  

Installment

Installment

8

9

10 11 12

13

FORM XXI

[See Rule 78(2)(d)]

Register of Fines

Name and address of contractor......................

Name and address of establishment in/under which contractor is carried an........... Name and location of work...............................  

Name and address of Principal Employer............

SI  

No

.

Name

of  

workm

an

Father’s/Husb

an d’s Name

Designati

Act/Omissi

Date

on  

on for

of  

nature of  

which fine  

offen

imposed

ce

employment

Wheth

er  

workm

an  

showed  

cause  

against  

fine

1

2

3

4 5 6

7

Name of person in

whose presence

employee’s  

explanation was heard

Wage

periods  

and wages  

payable

Amount of  

Date on  

fine imposed

which fine  

realised

Remarks

8

9

10 11

12

FORM XXII

[See Rule 78(3)(d)]

Register of Advances

Name and address of contractor......................  

Name

and

address of establishment in/under which contractor is carried an........... Name and location of work........................

Name and address of Principal Employer............

SI  

No.

Nam

e

Father’s/Husban

d’s Name

Nature of  

Wage  

employment/Designation

period

and  

Wages  

payable

Date and  

amount

of  

advance  

given

1

2

3

4 5

6

Purpose’s for  

which

advance  

made

No. of

instalments by

which advance

to be repaid

Date and

Date on which

amount of

last instalment

each

was  

instalment  

repaid

repaid

Remarks

7

8

9 10

11

FORM XXIII

[See Rule 78(4)(e)]

Register of Overtime

Name and address of contractor......................  

Name and address of establishment in/under which contractor is carried  an...................

Name and location of work........................

Name and address of Principal Employer............

Sl.  

No.

Name of  

workman

Father’s/  

Husband name

Se

x

Designation/

Date on which  

nature of

overtime worked

employment

1

2

3

4

5 6

Total overtime worked

or production in case

of

piece - rated

Normal

rate of

wages

Overtime

Overtime  

earnings

rate of

wages

Remarks

7

8

9 10

11

FORM XXIV

[See Rule 82(l)]

Return to be by the contractor to the Licensing Officer.

Half year Ending............................. 1. Name and address of the

Contractor 2. Name and address of the establishment

3. Name and address of the Principal Employer

4. De of contract. From...........................to..........................

5. No. Of days during the half year of which-

(a) The establishment of the principal employer had worked............

(b) Contractor’s establishment had worked.................

6. Maximum number of contract labour employed on buy day during the half year: Men Women Children Total

7.

(i) Daily hours of work and spread over-

(ii)

(a) whether weekly holiday observed and what

day- (b) If so whether it was paid for -

(iii) No, of was hours of overtime worked -

8. Number of mandays days

Men Women Children Total

9. Amount of wages paid  

Men Women Children Total

10. Amount of educations from wages, if

any:- Men Women Children Total

11. Whether the following have been provided- (i) Canteen

............................................................ (ii)

Rest Room ........................................................ (iii) Drinking

water................................................... (iv) Crèches ............................................................. (v)

First Aid .............................................................

(If the answer is ‘yes’ to briefly standards

provided) Place

:

Date:


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