The Delhi Contract Labour (Regulation and Abolition) Rules, 1972

CHAPTER I,II,III DELHI ADMINISTRATION: DELHI NOTIFICATION Delhi the No. F. 25(8) 71- Lab:- in exercise of the powers conferred by section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970) read with the Government of India, Ministry of Home Affairs Notification No, F.2/2/71-UTI, Dated 30th March, 1971, the Lt. Governor here by makes the following rules, the same having been previously published as required by the said section namely:-

1. Short title and commencement: -

(1) These rules may be called “the Delhi Contract Labour (Regulation and Abolition) Rules, 1972”.

(2) They shall come into force on the date of their publication in the official Gazette.

2. Definition:- 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 Lt. Governor, Delhi under section (1) of section 15.

(d) “Chairman” means the Chairman of the Board.

(e) “Committee” means the Committee constituted under sub-section (1) of section 5.

(f) “Form” means a form appended to these rules.

(g) “Section” means a section of the Act. ADVISORY BOARD

3. The Board shall consist of the following Members:-

(a) a Chairman to be appointed by the Lt. Governor;

(b) the Labour Commissioner;

(d) Four persons, two representing the employers and two representing contractors to whom the Act applies, to be appointed by the Lt. Governor, after consultation with such organizations, if any, from the employers and the contractors as may be recognized by the Lt. Governor;

(e) Four persons, representing the employees of Contractors to whom the Act applies, to be appointed by the Lt. Governor after consultation with such organizations, if any, of the employees representing their interest as may be recognized the Lt. Governor,

(f) In rule 3 after clause

4. Terms of Office:-

(1) The Chairman of the Board shall hold office as such for a period of three years from the dated on which his appointment is first notified in the official Gazette.

(2) Each of the members of the Board referred to in clauses

(c) and (d) of rule 3, shall hold office for a period of three years from the date of appointment first notified in the official Gazette.

(3) Each of the members referred to in clause (e) of rule 3 shall hold office as such for a period of three years commencing from the date on which his appointment is first notified in the official Gazette. Provided that where the successor or any such member has not been notified in the official Gazette or before the expiry of the said period of three years, such member shall, not with standing the expiry of the period of his office, continue to hold such office until the appointment of his successor has been notified in the official Gazette.

(4) If a member is unable to attend a meeting of the Board, the Lt. Governor or the body which appointed or nominated him may, by notice in writing signed on his/ 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:- A member of the Board, not being an ex-official member, may resign his office by a latter in writing addressed to the Lt. Governor and on such resignation being accented by him, his office shall fall vacant on the date on which such resignation is accepted.

6. Cessation of membership:- If any member of the Board, not being an ex-officio member, fails to attend three consecutive meetings of the Board, without containing the leave of the Chairman for such absence, he shall cease to be a member of the Board. Provided that the Lt. Governor 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 for membership:-

1. A person shall be disqualified for appointment/ reappointment, 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 Lt. Governor, involves moral turpitude.

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

8. Removal from membership:- The Lt. Governor may remove from office any member of the Board, if in his 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 Lt. Governor and on receipt of such report the Lt. Governor shall take steps to fill the vacancy by making an appointment from amongst the category of persons to which the person vacating membership belonged and the person so appointed shall hold office for the remainder of the terms of office of the member in whose place he is appointed.

10. Staff:-

(1) (i) The Lt. Governor may appoint one of his officials as Secretary to the board and appoint such other staff as it may think necessary to enable the Board to carry out its functions.

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

(2) The Secretary – (i) shall assist the chairman in convening meetings of the Board.

(ii) may attend the meetings but shall not be entitled to vote at such meetings

(iii) shall keep a record of the minutes of such meetings; and

11. Allowances of members:-

(1) The travelling allowance of an official member shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary.

(2) The non-official members of the Board shall be paid travelling allowance for attending the meeting of 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 Delhi Administration in their respective places.

12. Disposal of business:- Every question 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 in 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 rule 13 to preside over 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 and in his absence nominate a member of the Board to preside over such meeting.

14. Notice of meetings and list of business:-

(1) Ordinarily seven day 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 that meeting without the permission of the Chairman.

15. Quorum:- No business shall be transacted at any meeting unless at least five members are present. Provided that if at any meeting less than five members are present, the chairman may adjourn the meeting to another date informing members present and giving notice to the other members that he propose to dispose of the business at the adjourned meeting whether there is prescribed quorum or not, and it shall thereupon be law full for him to dispose of the business at the adjourned meeting irrespecting of the number of members attending; Provided further that no business shall be transacted at the first meeting which is not attended by at least one representative each of the employers/ contractors and employees.

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 Committee the Board may nominate one of its members to be the Chairman of the Committee.

(2) The Committee shall meet at such times and places as the Chairman of the said Committee may decide and the Committee shall observe such rules of procedure in regard to the transaction of business at its meeting as it may decided upon.

(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 the 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 thereon the date of receipt by him of the application grant in acknowledgement 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 establishments.

(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 is 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 a mount already paid by such principal employer, would be equal to such higher a mount 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 a mend the said register and record there in 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 a 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 licencing 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 there under 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 be registered post.

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

(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) (a )has been convicted (at nay time during a period of five years immediately proceeding the date of application) of an offence which in the opinion of the Lt. Governor, involves moral turpitude.

(b) Whether there is an order of the Lt. Governor 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 the application, and as soon as possible there after the licensing officer shall make such enquiry as he considers necessary to satisfy himself about the eligibility of the applicant for a licence.

(2) (i) Where the licensing officer is of the 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 workman to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by the contractor for due performance of the conditions of the licence and compliance with the provisions of the Act or the rules made there under.

(2) The amount of security shall be paid in the Local Treasury under the Head of Account “XXXII-Miscellaneous-social and Development Organisation”.

25. Forms and terms and conditions of licence:-

(1) Every licence granted under sub-section (1) of section 12 shall be in Form VI.

(2) Every licence granted under sub-rule (1) or renewed under rule 29 shall be subject to the following conditions, namely:-

(i) the licence shall be non-transferable.

(ii) the number of workman 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 rate 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 workman employed by the contractor perform the same or similar kind of work as the workman 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 labour commissioner, Delhi Administration, Delhi whose decision shall be final.

(b) in other cases the wage 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, Delhi Administration, Delhi. Explanation :- While determining the wage rates, holidays hours of work and other conditions of service under (b) above, the Labour commissioner, Delhi shall have due regard to the wage rates, holidays, hours of work and other conditions of services obtaining in similar employments.

(vi) (a) in every establishment where fifty or more women are ordinarily employed as contract labour, there shall be provided and maintained a suitable room or rooms of reasonable dimensions for the use of their children under the age of six years.

(b) the aforesaid room or room shall be conveniently accessible to the mothers of the children accommodated therein and so far as is reasonably practicable, it should not be situated in close to any part of the factory or establishment, where approxious fumes, dust or odours are given off or in which excessive noisy processes are carried on.

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

(d) the standard of construction and maintenance of the creaches shall be such as may be specified in this behalf by the Labour Commissioner, Delhi Administration, Delhi.

(vii) The licencee 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 a certificate under section 7 shall be as specified below, namely, if the number of workman proposed to be employed on contract on any day. Rs.
(a) is 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 of licence under section 12 shall be as specified below:- If the number of workmen employed by the contractor on any day----- Rs.
(a) is 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 force for twelve months form the date it is granted or renewed.

28. Amendment of the licence:-

(1) A licence issued under rule 25 or renewed under rule 29 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 allowed the application he shall require the applicant to furnish a treasury receipt for the amount if any, by which the fees that would have been payable if the licence had been originally issued in the amended from exceeds the fees originally paid for the licence.

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

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

29. Renewal of Licence:-

(1) Every contractor shall apoly 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 there of. Provided that if the application for renewal is not received within the time specified in sub-rule (2) a fee of 25 percent in excess of the fee ordinarily payable for the licence shall be payable for such renewal.

30. Issue of duplicate certificate of registration or licence:- Where a certificate of registration or a licence granted or renewed under the proceeding rules has been lost, defaced or accidentally destroyed, a duplicate may be granted on payment of fees of rupees five.

31. Refund of Security:-

(1) (i) On expiry of 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 forfeiture of security or any portion there of, 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 applications. 32. Grant of temporary certificate of registration and licence:-

(1) Where conditions arises 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 of 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 form VIII and X respectively and shall be accompanied by a tresuryreceipt or a crossed postal order drawn in favor of the appropriate Registering or Licensing Officer as the case may be, showing the payment of appropriate fees and in the case of licence the appropriate amount of security also.

(3) On receipt of the application complete in all respects and on being satisfied their on affidavit by the applicant or otherwise that the work in respect of which the application 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 officer or the licensing officer, as the case may be shall forthwith grant a certificate of registration in Form IX and 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 therefore shall be recorded by the registering officer or the Licensing Officer as the case may be.

(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 the certificate or registration under sub-rule (3) shall be as specified below:-

If the number of workmen proposed to be employed on contract on any day—

(a) exceeds 20 but does not exceed 50 10.00p

(b) exceeds 50 but does not exceed 200 20.00p

(7) The fees to be paid for the grant of a licence 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

(8) The provision 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.

Labour Commissioner
Government of NCT of Delhi