CONTRACT LABOUR(R&A) ACT, 1970 AND AP RULES,
1971.
Procedure for making application for grant of License /renewal
of License of Contractor Establishments under A.P. (Issuance
of Integrated Registration and Furnishing of Combined
Returns under Various Labour Laws by certain
Establishments) Act, 2015(amended in 2016) and covered by
Contract Labour(R&A) Act, 1970 And AP Rules, 1971.
Applicability:
The Contract Labour Act applies to every contractor who
employees or employed 50 or more workmen on any day of
the preceding 12 months.
Licensing of Contractors:
No contractor shall undertake any work through contract
labour except in accordance with a license issued by the
licensing officer.
Application for grant of license shall be made to the licensing
officer, in triplicate in form IV, accompanied by a certificate
issued by the principal employer in form V and a treasury
receipt showing deposit of security and payment of license
fee. Security @ Rs. 50/- for each workman to be employed as
contract labour shall be deposited by the contractor.
Licence fee:
Up to 20 Workmen : Rs. 265/-
From 21to 50 Workmen : Rs. 400/-
From 51 to 100 Workmen : Rs. 570/-
From 101 to 200 Workmen : Rs. 900/-
From 201 to 400 Workmen : Rs. 1275/-
More than 400 Workmen : Rs. 1850/-
Validity of License:
The license issued shall be valid for 3 years from and shall be
renewed before 31st March of the third year.
Licensing Authority:
The following officers of Labour Department have been notified as
licensing authorities.([Link].30 of LET&F Dept.
Dated:27.08.2002)
(1) Asst. Labour Officer
(2) Asst. Commissioner of Labour.
(3) Dy. Commissioner of Labour.
(4) Jt. Commissioner of Labour.
Online Application and Payment: Application for License
/renewal of License shall be submitted online through the Single
Desk Portal [Link] or Online Meeseva
portal [Link] filling in the Integrated
Registration form. After online payment of license fee as specified
above, a system generated registration certificate is downloadable
on the spot.
How to make application for license/renewal of license:
Application through Meeseva Citizen Service Centers:
Application form for registration / renewal can be downloaded from
Meeseva portal:
[Link]
w/Labou r-Pdf/Integrated%20Application%[Link]
Filled in application forms can be submitted at Meeseva citizen
service centres. Department user can login on
[Link] to submit applications and process
payments on behalf of applicant. System generated certificates are
then given to applicants instantly.
Relevant provisions under Contract Labour (R&A) Act
applicable to contract workmen:
Welfare and Health of the Contract Labour:-
Canteens (Section 16), Rest Rooms (Section 17), Drinking
Water, Latrines and urinals, washing facilities (Section 18) and
first aid facilities (Section 19) shall be provided by the
contractor and on his default, by the principal employer
(Section 20).
Section 21:-
Contractor
date shallResponsibility
be responsible for paymentofofwages
for payment wages :
before due
Principal employer shall nominate a representative to witness
and certify payment of wages to the contract workmen. If the
contractor fails to make payment of wages before due date, the
principal employer shall pay wages to the contract workmen.
Rule 73 :-The Authorized representative of the principal
employer should certify every month, in the wages register
maintained by the contractor that the wages shown in the
register are actually paid to the contract workmen.
Rule 78 (b) :-A wage slip shall be issued by the contractor to
each contract workman in form – XIX. In addition to the details
in form – XIX, it is advised to show in the wage slip, the details
of EPF No, ESI No and Bank account No. of the employee and
also the date of remittance of remuneration in the bank.
Payment of Wages (Rule 63 to 73) and wage rates in
accordance with clause 12 in the notification of
Commissioner of Labour under Rul 25 (V) (b). Wage Rates
applicable to the contract labour as notified by the Government
vide notification No.170 dated 19.03.2012 are payable.
Mode of payment of Wages: -
Wages shall be paid by the contractor before due date by way of
credit in the bank account of the contract workmen in
accordance with AP Gazette No.90 dated 19.02.2008,
[Link].591 of LET & F Department dated 31.3.2011 under
Payment of Wages Act, 1936 and the provisions of Payment of
Wages Act have been extended vide [Link].590 of LET & F
Department dated 31.3.2011 to all establishments engaged in
scheduled employments, all factories, all industries and all shops
and establishments
Conditions of Service:- (Notified by Commissioner of
Labour under Rule 25):
Working hours of contract workmen shall not exceed 8 hours per
day and 48 hours in a week. Daily working hours shall not
spread over more than 10 hours in a day. At least half an hour
of rest shall be allowed not later than 5 hours work. Every
contract workman shall be allowed in each week a holiday with
wages and 8 National and Festival holidays and leave with
wages @ 1 day for every 20 days of work performed during the
calendar year. Extra wages @ twice the ordinary rate of wages
shall be paid for overtime work. No contract workman shall be
terminated without conducting an enquiry following principles of
natural justice.
Rule 25:- Terms and Conditions of Licence:
The license is subject to the following conditions:-
The license shall be non-transferable.
The number of workmen employed as contract labour in the
establishment shall not, on any day, exceed the number for
which license is granted. Except as provided in the rule the fee
paid for the grant, or as the case may be, for renewal of the
license shall be non-refundable.
The rates of wages payable to the workmen by the contractor
shall not be less than the rates prescribed for the Schedule of
employment under the Minimum Wages Act, 1948, where
applicable, and where the rates have been fixed by agreement,
settlement or award, not less than the rates fixed.
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 wages rates, holidays, 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 on the
same or similar kind of work.
Provided that in the case of any disagreement with regard to the
type of work the same shall be decided by the Commissioner of
Labour, Andhra Pradesh whose decision shall be final.
In other cases the wage rates, holidays, hours of work and
conditions of services of the workmen of the contractor shall be
such as may be specified in this behalf by the Commissioner of
Labour, Andhra Pradesh, Hyderabad.
In every establishment where 50 or more women are ordinarily
employed as contract labour there shall be provided 2 rooms of
reasonable dimensions for the use of their children under the
age of six years. On of such rooms would be used as a play
room for the children and the other, as bedroom for the
children. For this purpose 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. The standard
of construction and maintenance of the Creches shall be such as
may be specified in this behalf by the Commissioner of Labour,
Andhra Pradesh, Hyderabad.
The licensee shall notify any change in the number of workmen
or the conditions of work to the Licensing Officer.
A copy of the Licence shall be displayed prominently at the
premises where the contract work is being carried on
No women employed as contract labour shall be employed by
any contractor before 6-00 a.m. or after 7 p.m.:
Provided that such women contract labour may be appointed in
any factory up to 10-00 P.M. if the Government approves the
variation in working hours under
Section 66 of the Factories Act, 1948
Registers and Records to be Maintained :-
The Principal employer shall maintain register of contractors in
form XII (Rule 74)
Rule 76 : Employment Card :
Contractor shall issue an employment card (appointment letter)
in form XIV to each contract workman.
Returns :-
The contractor shall submit a half yearly return in form XXIV to
the Licensing
Officer [Rule 82 (1)] and the Principal employer shall submit
annual return to the Registering Officer in form XXV [Rule 82
(2)]
Penalties:- (Section 22,23,24 and 25) : Fine up to 1000
rupees, imprisonment up to three months or both for violation of
provisions of the Act.
<<>>