CHILD LABOUR (INDIA)

What is Child Labour?

Child labour can be defined or explained as a practice where children are forced to engage or
employed in any sort of economically beneficial activity on a part-time or a full-time basis. Children
engaged in this are generally deprived of basic childhood experiences such as schooling and are
physically and mentally scarred.

The primary reasons leading to Child Labour can be traced to poverty, lack of decent schooling and
education and growth of the informal economy.

Child labour results in the victimised child being deprived of a healthy and nurturing environment in
which to grow. He/she also generally suffer physical and mental trauma which can be scarring for life.
Apart from not getting an education, the child is also subjected to various kinds of abuse and this
prevents him/her from blossoming into a happy and healthy adult.

Child Labour and India

Child labour practice is a hindrance to the mental as well as physical development of children as it
deprives them of the most important phase of their life – their childhood. Children of or below the
age of 14 years are strictly prohibited from being employed in hazardous occupations, as per
the Child Labour (Prohibition and Regulation) Act of 1986. The list of hazardous occupations is
curated under the act itself.

There are several operations that happen in India like Operation Smile, Operation Muskaan wherein
there are a lot of raids that happen in the unorganised sector, manufacturing units and other
factories.

India has a very strong system of dealing with rescued children in terms of rehabilitating and
repatriating them with the family with certain support to the family as well, to come out of the
poverty trap.

RIGHTS OF A CHILD AND INDIAN CINSTITUTION

Indian Constitution is drafted almost at the same time when the universal declaration of human
rights was adopted. Framers of Indian constitution were influenced by the concept of human rights.
Indian constitution guarantees almost all human rights which were later embodied in the Covenants.
Part 3 and part 4 of Indian constitution is relevant for the elimination of child labour .

Fundamental Rights

All the Fundamental rights embodied in the Indian Constitution can be used by children. In addition
to this certain rights especially for children is also incorporated in the Constitution, This class is weak
and vulnerable for various kinds of exploitation and they need special protection.

1. Article 15- Article 15 discrimination of citizens on the ground only of religion, race, caste, sex, place
of birth or any of them. But Article 15 (3)Nothing in this article shall prevent the state from making
any special provision for women and children, by this clause we have a special provision to protect
women and children.

2. Article 24 - Article 24 prohibits the employment of children in factories. Article 24 provided that no
child below the age of 14 years shall be employed to work in any factory or mine or any other
hazardous employment.
3. By 86th Constitutional Amendment 2002 inserted article 21 A to the Indian Constitution. Article
21A provides that the state shall provide free and compulsory education to all children 6 to 14 years
as such manner as the state determines.

Directive principles of State Policy

Article 39(f)- Those children are given opportunities and facilities to develop in a healthy manner and
in conditions of freedom and dignity and that childhood and youth are protected against exploitation
and against moral and material abandonment.

Article 39(e)- Clause (e) of Article 39 has provisions relating to the health and well-being of the
children - that the health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter avocations unsuited
to their age or strength

Article 45-impose an obligation on the state to provide early childhood care and education to all
children until they complete 6 years.

Fundamental Duties

Article 51A Clause (k) of Article 51A -It shall be the duty of every citizen of India who is a parent or
guardian to provide opportunities for education to his child or, as the case may be, ward between the
age of six and fourteen years.

Causes of child labour

Poverty, illiteracy of parents, social and economic circumstances of the family are the main causes of
child labour. Lack of awareness related to the harmful effects of child labour and lack of access to
basic and quality education, cultural values of the family and the surroundings of the society in which
one is living, also increase the rate of child labour. High rates of unemployment and under-
employment also play a vital role in child labour.

Children who discontinue school due to family indebtedness or are expelled from the school are
more prone to child labour. Girls from socially disadvantaged groups are at a higher risk of being
forced into child labour.

Causes of child labour in India

In India, the major causes of child labour are:

1. Poverty: Children are considered helping hands of their family. In developing countries, it is
almost impossible to control child labour as children not only have to support themselves
but their families also and provide them with a living. Due to poverty, the rate of
unemployment and underemployment are also very high and so the parents have to send
their children to work on low wages.

2. Previous debts: Due to their poor economic condition people take loans. But they don’t have
sufficient money to pay back the loans so they not only work day and night to pay off the
loans but they also drag their children to work so that the loan could be paid off before time
and easily.

3. Professional needs: Some industries require delicate and soft hands rather than rough hands
that are required in bangle industries. So they prefer children and not adults for such work.
 4. Bonded labour: Children often work for long hours in the sun and they are deprived of water,
food. These children are seldom paid. Bonded labour further adds to the large scale increase
in child labour.

5. Domestic help: Small children often work for educated families and irrespective of several
laws that violate the employment of children, they often welcome small children so that
these children can take care of their homes as well as their children.

6. Child sex workers: Often, girls who attained the age of puberty are forced into prostitution in
lieu of a promise that they would be given opportunities to do glamorous jobs.

7. Forced begging: Families who can’t support themselves force their children to beg on the
roads in subhuman conditions. They get their children maimed in order to get more money
from the people.

Child labour laws in India

As compared to other countries, child labour in India is more prevalent. Out of 179 million children,
90 million who are in the age group of 6 to 14 years are employed and they don’t go to school. It
contributes to 50% of children in our country who are involved in child labour. Since 1933, various
laws have been made in India to control child labour. These laws include:

1. Minimum Wages Act, 1948: The State Government fixes minimum wages that are to be
provided to the workers/labourers including the child labourers. The government fixed
wages according to the type of work and according to the class of workers.

2. The Mines Act, 1952: This Act provides that no child should be present
where the work of mining is going on and no child should be employed
for such work.
3. The Indian Factories Act, 1948: No child below the age of 14 years shall
be employed in a factory. Also, there are rules that a factory has to
follow if they employ pre-adults that are between 15-18 years of age.
4. The Juvenile Justice (Care and Protection) of Children Act, 2000 : If any
person employs a child in any of the hazardous work or use the child as
a bonded labour then that person will be punishable under this Act.
5. The Right of Children to Free and Compulsory Education Act of 2009 :
Free and compulsory education must be provided to each and every
children below 14 years of age. In fact, to follow this Act efficiently,
25% of seats are also reserved in every private school for children who
belongs to the disadvantaged group and for children who are physically
challenged.
6. The Child Labour (Prohibition and Regulation) Act, 1986 : No child who is
less than 14 years of age shall be employed in any hazardous
occupations that are provided in a list by law. This list is explained
further in the article. This list was amended not only in 2006 but also in
2008.

Child Labour (Prohibition and Regulation) Act, 1986

  The Child Labour (Prohibition and Regulation) Act of 1986 designates a child as a person who
has not completed their 14th year of age. It aims to regulate the hours and the working
conditions of child workers and to prohibit child workers from being employed in hazardous
industries.

Child Labour (Prohibition and Regulation) Amendment Act, 2016

 The raw act in the Constitution that was amended in the year 2016 can be stated as:

 “An Act to prohibit the engagement of children in all occupations and to prohibit the
engagement of adolescents in hazardous occupations and processes and the matters
connected therewith or incidental thereto.”

 According to this amendment in the Act, the Government of India will provide stricter
punishments for employers who violate the Act.

 It will also make the employer employing any child or adolescent in contravention of the
Act cognizable.

 The Act also allows the government to bar the employment of adolescents that are working
in any hazardous conditions.

To know what other laws come under the Indian Penal Code, visit the linked article

Child Labour (Prohibition and Regulation) Amendment Rules,2017

The Government of India decided to make further amendments in the Act after extensive
consultation with the stakeholders. Provisions under the Child Labour (Prohibition and Regulation)
Amendment Rules are as follows:

 A broad and specific framework for prevention, prohibition, rescue and rehabilitation of
children and as well as adolescent workers.

 Clarity on issues related to family enterprises.

 Safeguards for creative workers or artists that have been permitted to work under the Act,
with respect to working hours and working conditions.

 Set of specific duties and responsibilities for law enforcement agencies to ensure effective
implementation and compliance of the Act.

The Child and Adolescent Labour

(Prohibition and Regulation) Act,1986

INTRODUCTION
Almost one third of the world population comprises children. Therefore,they deserve to be cared and
protected to keep up and improve posterity. They are an important component of the social
structure and the potential future careers of culture. The need for providing protection and
safeguards to children have first been stated in the Geneva Declaration of the Rights of the Child,
1924 and was recognised in the Universal Declaration of Human Rights, 1948. Art. 25 of the Universal
Declaration of Human Rights, 1948 provides that "motherhood and childhood are entitled to special
care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social
protection". Rights to free and compulsory elementary education to children is assured by Article 26.

Legally enforceable or justiciable rights are contained in Part III and non-justiciable rights are
contained in part IV of the Indian Constitution. Part IV of the Constitution casts a duty upon the State
to direct its policy towards securing inter-alia that the tender age of the children are not abused and
that they are not forced by economic necessity to accept avocations unsuited to their age or
strength. The States shall also ensure appropriate opportunities to the children for proper
development of their personality. The State is further directed to provide for free and compulsory
education for all children until the age of 14 years.

The framers of the Indian Constitution thought it prudent to ensure at least the minimum rights to
children which they considered essential for proper development of human personality and
therefore children have been guaranteed certain fundamental rights. Article 23 of the Constitution
prohibits traffic in human being and begar and other similar forms of forced labour. Traffic in human
beings means selling and buying men and women like goods and includes immoral traffic in women
and children for immoral or other purposes. Article 23 protects the individual not only against the
States but also against private citizens. Article 24 of the Constitution prohibits employment of
children below the age of 14 years ina factory or mine or other management in any other hazardous
employment.

The idea of protecting the interest and promoting the welfare of the weaker section of the society
was so dominant in the mind of the constitution framers tht they excluded from the mischief of the
equality clause enshrined in article 15, the special provisions which the states may make for women
and children

PART I

PRELIMINARY

Section 1. Object and scope,-

There are a number of enactments which prohibit, the employment of children below 14 years and
15 years of age in certain specified employments. However, there is no procedure laid down in any
law for deciding in which employments, occupations or processes the employmnent of children
should be banned. There is also no law to regulate the working conditions of children in most of the
employments where they are not prohibited from working and are working under exploitative
conditions. Therefore the Child Labour (Prohibitions and Regulation) Act, 1986 has been enacted to
prohibit the engagement of childrern in certain employments and to regulate the conditions of work
of children in certain other employments. ThisAct seeks to achieve the following objects:
(i) To ban the employment of children, i.e., those who have not completed their fourteenth year, in
specified occupations andprocesses;

(iü) To lay down a procedure to decide modifications to the Schedule of banned occupations or
processes;

(ii) To regulate the conditions of work of children in employments where they are not prohibited
from working;

(iv) To lay down enhanced penalties for employment of children in violation of provisions of this Act,
and other Acts which forbid the employment of children;

(v) To obtain uniformity in the definition of "child" in the related laws. In view of sub-section (2) of
Section 1 this Act extends to the whole of India.

The short title of the Act was amended in 2016 and now it is called as the child and Adolescent
Labour (Prohibition and Regulation) Act, 1986. As a consequence of the amendment, the
engagement of children is prohibited in all occupations The engagement of adolescent is also
prohibited in hazardous occupations.

DEFINITIONS

Adolescent Sec 2 (i) means a person who has completed his fourteenth year of age but has not
completed his eighteenth year

Child Sec 2 (ii) means a person who has not completed his fourteenth year of age or such age as may
be specified in the Right of Children to Free and Compulsory Education Act, 2009, whichever is more

Prohibition of Employment of Children in any Occupation and Process

Sec 3(1) No child shall be employed or permitted to work in any occupation or process.

(2) Nothing in sub-section (1) shall apply where the child,—

1. helps his family or family enterprise, which is other than any hazardous occupations or processes
set forth in the Schedule, after his school hours or during vacations;

2. works as an artist in an audio-visual entertainment industry, including advertisement, films,

television serials or any such other entertainment or sports activities except the circus, subject to
such conditions and safety measures, as may be prescribed:

Provided that no such work under this clause shall effect the school education of the child

Explanation.—for the purposes of this section, the expression,

1. Family in relation to a child, means his mother, father, brother, sister and father’s sister and
brother and mother’s sister and brother;

2. family enterprise means any work, profession, manufacture or business which is performed by the
members of the family with the engagement of other persons;

3. artist means a child who performs or practices any work as a hobby or profession directly involving
him as an actor, singer, sportsperson or in such other activity as may be prescribed relating to the
entertainment or sports activities falling under clause (b) of subsection(2). The system of child
labour is completely abolished except in family enterprise and business without disturbing the
education of those children Which also allows the engagement of children in audiovisual
entertainment advertisement, films, television series etc. subject to the conditions and safety
measures as prescribed.

Sec 3 A -Prohibition of employment of adolescence in certain hazardous occupation and process: No

adolescent shall be employed or permitted to work in any of the hazardous occupations or processes
set forth in the Schedule: Provided that the Central Government may, by notification, specify the
nature of the nonhazardous work to which an adolescent may be permitted to work under thisAct.

Technical Advisory Committee

The central government may constitute Advisory Committee to be called as Technical Advisory
Committee to advice the central government for this purpose of addition of occupations and
processes to the schedule

2. The committee shall consist of a chairman and such other members not exceeding 10, as may be
appointed by the central government.

3. Committee shall meet as often as it may consider necessary and shall have the power to regulate
its own procedure

4. The committee may also constitute one or more sub-committees and appoint any person who is
not a member of the committee.

Regulation of Conditions of work of Adolescents

Part III of the Act deals with Regulation of Conditions of work of Adolescents, which applies only to
establishments in which none of the occupations or processes referred to Sec 3 A carried on.

Application of Part(sec 6)

The provisions of this Part of the Act shall apply to an establishment or any class of establishments in
which the occupations or processes which are referred to in Section 3 are not being carried on.

Hours and period of work(sec 7)

As per the Act, no adolescent employee shall be allowed to work in any establishment in excess of
the number of hours that have been decided on and prescribed for such an establishment or class of
establishment. The number of hours shall be fixed by the establishment and the child employee must
not be allowed to work for more than three hours without a break of one hour. The total number of
hours of work for a child employee shall not exceed six hours. Six hours shall also include one hour of
interval. According to the Act, the employer cannot make a child employee work between 7 p.m. and
8 a.m. and no employer must permit the child employee to work overtime. If a child has already
worked in an establishment in a day, then such a child must not be permitted to work in another
establishment on the same day.

Weekly Holidays(sec 8)

Every child who is employed in an establishment shall mandatorily be allowed a holiday each week.
The holiday must be for a whole day. The day of the week must be decided on which it would be a
holiday for the employees of the establishment and the notice regarding the same must be exhibited
in a conspicuous place of the establishment. The notice should be of a permanent nature and should
not be altered more than once in three months.

Notice to Inspector(sec 9)

Notice is needed to be sent to the Inspector within whose local limits the establishment is situated
by the employer of such establishment if he employs a child employee or by the occupier of an
establishment in which a child is employed or is permitted to work. The notice to be sent must be in
writing. It must contain the following particulars:

 the name of the establishment and place in which it is situated,

 name of the person who manages the establishment,

 the postal address of the establishment,

 the details such as the nature of occupation or process which is carried on in the
establishment.

Every employer who permits a child to work in his establishment is needed to send a notice within 30
days to the Inspector within whose local limits the establishment is situated. Where a process is
carried on by the occupier with the aid of Government or it receives assistance or recognition from
Government for it then such establishment shall not be subject to the provisions of Section 7, 8, 9 of
the Act.

Maintenance of register (sec 11)

The occupier shall maintain a register which shall include information with respect to children who
are employed or permitted to work in his establishment. The register which is made available by the
occupier for inspection at all times shall contain:

 The name and date of birth of the children who are employed by the occupier;

 Number of hours and period of work for which the child employee is made to work;

 The nature of employment and the work which the child employee is made to do;

 Other particulars which may be prescribed.

Display of notice containing abstract of Sections 3 and 14

The notice containing abstract of Sections 3 and 14 of the Act shall be displayed by every occupier of
the establishment in a conspicuous and accessible place of the establishment and in case the
employer is a railway administration or a port authority then the notice must be displayed in a
conspicuous and accessible place at every station or within the limits of a port as the case may be.
The notice must be written in a local language and in the English language.

Health and Safety

The Government may by giving a notification to the Official Gazette make rules for the health and
safety of the children who are employed or permitted to work in an establishment or any class of
establishments if the Government feels necessary to do so. According to the Act the rules which
must be followed by the establishment for the purpose of safety and cleanliness are as follows:

 The cleanliness of the place of work must be taken care of and it should be free from any
kind of nuisance;
  There must be a proper place for disposal of wastes and effluents;

 Proper provisions for ventilation should be made and an adequate level of temperature
should be maintained in the place of work;

 Provisions should be made to reduce dust and fumes;

 Artificial humidification shall be made;

 Lighting must be proper in the place of work;

 Drinking water must be provided;

 Toilets must be made in the place of work for the employees;

 Spittoons should be provided in order to keep the workplace clean;

 The machines which are in the workplace should be fenced properly;

 Children must not be allowed to work near machinery which is in motion;

 Children must not be permitted to work on dangerous machines;

 Children must be instructed, trained and supervised in relation to the employment of

children on dangerous machines;

 Device for cutting off power should be used;

 Self-acting machines should be used in the workplace;

 Easing of new machinery;

 Proper floors should be made and proper means to access through stairs shall be made;

 Pits, sumps, openings in floor shall be made;

 Child employees shall not be permitted to lift excessive weights while working;

 Protection for eyes must be provided;

 Children must not exposed to explosives or inflammable dust, gas, etc;

 In case fire is used in work, proper precautions must be taken;

 Proper maintenance of buildings and machinery shall be taken.

Penalties
When an employer employs a child or permits a child to work in
contravention of the provisions of Section 3, the employer shall be liable for
punishment with imprisonment for a term which may extend to one year or
with fine and the fine imposed shall not be less than rupees ten thousand and
which may extend to rupees twenty thousand or with both.

Whoever is convicted of the said offence under Section 3 and repeats the
same offence again in future then he shall be punished with imprisonment for
a term which shall not be less than six months and can be extended to two
years.

When an employer fails to give a notice as stated under Section 9 or fails to

maintain a register comprising the details of child employees as required
by Section 11 of the Act or if the employer makes any false entry in any such
register, or fails to display a notice containing an abstract of Section 3, or if
the employer fails to comply with or contravenes any other provisions of the
Act or any of the rules which are made thereunder, he shall be punished with
simple imprisonment which may extend to one month or with fine which may
extend to ten thousand rupees or with both imprisonment and fine.

Appointment of Inspectors

The Government may appoint Inspectors for the purposes of securing compliance with the
provisions of the Act and any Inspector who is appointed by the Government for such a purpose shall
be deemed to be a public servant within the meaning of the Indian Penal Code.

Contract Labour (Regulation & Abolition) Act, 1970

Introduction

Contract labour is the system of employing labourers through a contract by a contractor for a
specified period. A workman is known as a contract labourer when they are assigned to a work of an
establishment for a specific period through a contract by a contractor with or without the knowledge
of the principal employer. Contract workmen are indirect employees; a contract worker is a daily
wager or the daily wages are accumulated and given at the end of the month. It is the responsibility
of the contractor to hire, supervise and remunerate contract labourers.

In India, contract labourers are used in various industries varying from skilled to semi-skilled jobs.
Before and after independence the status and condition of contract labour were analysed by
numerous commissions, committees, Labour Bureau Ministry of Labour, etc. and it was found that
the major characteristics of contract labour are poor economic conditions of the workers, casual
nature of employment, lack of job security, etc. Therefore the legislature enacted the Contract
Labour (Regulation & Abolition) Act, 1970 (which came into force on 10th February, 1971) to regulate
the adequate functioning of the contract labourers and to prevent the exploitation of contract
labourers by the hands of management.

Objective and scope of the Act

The objective and scope of the Act are:

 To prevent exploitation of contract labour.

 To provide proper and habitable working conditions.

 To regulate the functioning of the advisory boards.

 To lay down the rules and regulations regarding the registration procedure of the
establishments employing contract labour.

 To state the necessary requirements and the procedure of licensing of contracts.

 To provide the penal provisions in case of violation of offences under the Act.

Applicability of the Contract Labour (Regulation & Abolition) Act, 1970

Section 1(4) mentions the establishments where the Act will be applicable:

 Any establishment where twenty or more workmen are employed or were associated as
contract labour on any day during the preceding twelve months.

 Any contractor who employs or employed twenty or more workmen as contract labour on
any day of the preceding twelve months.

 The Act is also applicable to every establishment if the workmen are employed in the
establishment as ‘contract labour’. Section 2(b) of the Act states that a workman is deemed
to be employed as contract labour when he is hired in or in connection with such work by or
through a contractor with or without the knowledge of the principal employer.

 The Act does not apply to any organisation or establishments where any work of intermittent
or casual nature is performed. The Act states that a work is deemed to be of intermittent
nature if it is performed for less than 120 days in the preceding twelve months or it is of non-
seasonal character and is performed for less than 60 days in a year.

 The Act is not applicable to a person who is appointed in an advisory or managerial capacity.

The essential provisions of the Contract Labour (Regulation & Abolition)

Act, 1970 are stated below.

 Composition of the advisory boards

 Chapter 2 of the Contract Labour (Regulation & Abolition) Act, 1970
mentions the establishment and composition of the Central and State
Advisory Boards. The functions of these boards are to advise the
Central and state governments respectively on the matters concerning
the administration of the Act, and also to carry out all the necessary
functions assigned under the Act.
  Central Advisory Board
 The Central Advisory Board consists of a Chairman appointed by the
Central government, the Chief Labour Commissioner, and the Central
Government may nominate eleven to seventeen members to represent
the government, railways, coal industry, mining industry, contractors,
workmen and members from any other fields which, in the opinion of
the Central Government ought to be represented on the Central
Advisory Board.
 Furthermore, Section 3 of the Act also states that the number of
members nominated to represent the workmen shall not be less than
the number of members nominated to represent the principal
employers and the contractors.

 State Advisory Board

 Section 4 of the Contract Labour (Regulation & Abolition) Act, 1970
states the composition of the State Advisory Board. It consists of a
Chairman appointed by the state government, the Labour
Commissioner of that state and in their absence, any other officer will
be appointed by the state government and the state government may
nominate nine to eleven members to represent that government,
industry, contractors, workmen and members from any other fields
which, in the opinion of the state government, ought to be represented
on the State Advisory Board. However, the number of members
nominated to represent the workmen shall not be less than the number
of members nominated to represent the principal employers and the
contractors.
 Both Central and State Advisory Boards have the power to form
committees under this Act as they may think fit. The committees will
function according to the provisions of the Act and will carry out all the
necessary duties and responsibilities.

Registration procedure of establishments employing

contract labour
The Act lays down the appropriate method for registration of the
establishments employing contract labour. The appropriate government by
an order notified in the Official Gazette will be appointing such persons being
Gazetted Officers of the government as it deems fit to be registering offices
under Chapter 3 of the Act. It further mentions the limits, within which a
registering officer shall exercise the powers and functions as conferred upon
them under the Act.
Registration of certain establishments
Section 7 of the Contract Labour (Regulation & Abolition) Act, 1970 states the
registration procedure of the establishments falling under the Act. The
principal employer of such an establishment must make an application to the
registering office in the prescribed manner. By the appropriate government
notification in the Official Gazette must be made within the stipulated period
for registration of the establishment. In cases of expiration of such stipulated
period, the registering office will only accept applications if the registering
officer is satisfied that the applicant was prevented by sufficient cause from
making the application in time.

After completion of the application of registration, the registering office will

register the establishment and grant the registration certificate to the
principal employer.

Corporation of India workers Union v. Food Corporation of India and others

Gujarat High Court held that under section 7 of the Act, the principal
employer is required to obtain a certificate of registration issued by the
appropriate government and under section 12 The contractor is required to
obtain a licence. The workmen can be employed as contract labour only
through a licenced contractor Unless both the aforesaid condition complied,
the provisions of this act would not be attracted. In a situation wherein either
of these two conditions is not satisfied a workman employed by an
intermediary would be deemed to have been employed by the principal
employer. Therefore in relation to the period when either the principal
employer did not possess the certificate of registration or the contractor did
not possess the licence, that they are directly employed by the principal
employer.

Revocation of registration
The registering office has the power to revoke the registration of an
establishment with the approval of the appropriate government if it is
satisfied that the registration of the establishment was received through
misrepresentation, suppression of any material fact, or any other reason
which renders the registration ineffective. However, before revoking the
registration the registering office must give an opportunity to the principal
employer of the establishment to be heard.

Effect of non-registration.

Sec 9—No principal employer of an establishment, to which this Act applies,

shall—

a. in the case of an establishment required to be registered under section 7,

but which has not been registered within the time fixed for the purpose under
that section,
b. in the case of an establishment the registration in respect of which has
been revoked under section 8, employ contract labour in the establishment
after the expiry of the period referred to in clause (a) or after the revocation
of registration referred to in clause (b), as the case may be.

Prohibition of employment of contract labour

The Central or state government after consultation with the appropriate advisory boards may
prohibit the employment of contract labour in any process, operation or other work in any
establishment as stated under Section 10 of the Act.

Licencing of contractors

Chapter 4 of the Contract Labour (Regulation & Abolition) Act, 1970 states the significant
requirements and the procedure of licensing of contracts. This Chapter lays down the required steps
for granting, revoking, suspending and amending a licence.

Appointment of licensing officers

The appropriate government by an order in the Official Gazette may appoint Gazetted Officers of the
government as licensing officers and state their powers and functions under Section 11 of the
Act. define the limits, within which a licensing officer shall exercise the powers conferred on licensing
officers by or under this Act.

Licensing of contractors. Sec 12 —(1) With effect from such date as the appropriate Government
may, by notification in the Official Gazette, appoint, no contractor to whom this Act applies, shall
undertake or execute any work through contract labour except under and in accordance with a
licence issued in that behalf by the licensing officer.

(2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions
including, in particular, conditions as to hours of work, fixation of wages and other essential
amenities in respect of contract labour as the appropriate Government may deem fit to impose in
accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees
and on the deposit of such sum, if any, as security for the due performance of the conditions as may
be prescribed.

General Labour Union V. K.M.Deasi There is no provision in the Contract Labour Regulation and
abolition act whereby it can be construed even by a remote possible way that in case of failure on
the part of the contractor to register his contract under section 12 of the act, the employees
employed by the contractor would become the direct employees of the company. Failure on the part
of the contractor to register the contract would lead to invoking penal provisions

It was held in United labour Union and others V. Union of India and others that mere existence of
penal provisions does not detract from the position that there can be no deemed Contract labour if
the two conditions relating to registration of the principal employer and obtaining of a valid licence
by the contractor are not satisfied. if the protection or right given by reason of a deeming provision is
not available, then The natural consequence must follow in addition to the penal consequence,
unless there is provision to the contrary.
Grant, revocation, suspension and amendment of licences

Any application for granting a licence under this Act must contain the particulars regarding the
location of the establishment, the nature of the process, operation or work for which contract labour
is to be employed. The granted licence will be valid for the specified period and may be renewed
from time to time.

However, if it comes to the attention of the licencing officer that a licence has been obtained through
misrepresentation, suppression of any material fact or the holder of the licence has failed to comply
with the conditions subject to granting of the licence or contravened any provision of the Act then
the licensing officer after giving reasonable opportunity to be heard to the licence holder may
revoke, suspend or amend the licence as the case may be.

Procedure for appeal

Section 15 of the Act states that any person aggrieved under any provision of the Act may appeal to
an appellate officer appointed by the appropriate government within thirty days from the date on
which the order is communicated to them.

Payment of wages

It is the responsibility of the contractor to pay the required wages to each worker employed under
contract labour before the expiry of the stipulated period. If the contractor fails to make the payment
within the stipulated period then the principal employer shall be liable to make payment of wages in
full or the unpaid balance due. The wages are to be fixed by the Commissioner of Labour.

Welfare and health of contract labour

Under Chapter 5 of the Act, it is the duty of the principal employer to ensure that the contractor
provides the following facilities adhering to the rules laid down by the appropriate government.

 If the contractor is employing more than one hundred workmen by contract labour then one
or more canteens shall be provided and maintained by the contractor for the use of such
contract labour.

 Concerning the work of an establishment where contract labour is required to halt at night,
the contractor must provide and maintain restrooms or other suitable facilities which shall
be sufficiently lighted, ventilated, clean and comfortable.

 The contractor is liable to provide other facilities such as drinking water, latrines and urinals
(separate for men and women), washing facilities, first-aid, etc.

Infringement of provisions concerning employment

labour
Section 23 of the Contract Labour (Regulation & Abolition) Act, 1970
regulates the proper functioning of the provisions of the Act, it states that if
anyone violates any provisions or any rules concerning the employment of
contract labour or contravenes any condition of a licence granted under this
Act will be punished with imprisonment for a term that may extend to three
months or with fine which may extend to one thousand rupees or both.
The Act further states that if any offence is committed by a company
infringing any provisions of the Act then the company, as well as every
person responsible during the time of the commission of the offence, will be
held liable.