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The practice of employing contract labor has been prevalent in various parts of the country since long. Though considered an economic necessity, it has been criticized on the ground that it leads to exploitation of labor. However, the practice cannot be abolished completely. In spite of the various ills associated with it, the system provides much needed employment to a large number of workers.

The Contract Labor (Registration and Abolition) Act, 1970 was passed in 1970 and came into force from 10th February 1971. It has two major objects: ·To regulate the employment of contract labor in certain establishments ·To provide for the abolition of contract labor in certain circumstances

APPLICATION OF THE ACT

The Act extends to the whole of India. It applies: 1.To every establishment in which twenty or more workers are employed or were employed on any day of the preceding twelve months as contract labor 2.To every contractor who employs or who employed on any day of the preceding twelve months twenty or more workers However, the appropriate government may, after giving not less than two months notice of its intention to do so, by notification in the Official Gazette, apply the provisions of the Act, apply the provisions of the Act to any establishment or contractor employing such number of workers less than twenty, as may be specified in the notification.

According to Section 1, the Act shall not apply to establishments in which work only of an intermittent or casual nature is performed.

Work performed in an establishment shall not be deemed to be of an intermittent nature: 1.If it was performed for more than one hundred and twenty days in the preceding twelve months, or 2.If it is of a seasonal character and is performed for more than sixty days in a year

IMPORTANT DEFINITIONS

Contract Labour: A worker is employed as ?contract labor? in or

in connection with the work of an establishment 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. Where a person undertook to accident attorney louisiana collect & manufacture quarry products for and on behalf of railways by engaging workers to carry out his contract works under the railway establishment, the workers employed by him are considered as ?contract labor?.

?Contractor?: It means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labor or who supplies contract labor for any work of the establishment and includes a sub-contractor. The essential requirements of the definition of a contractor are as follows: ·Product of a given result ·Employment or supply of a contract labor ·Contractor to include sub-contractor

Controlled Industry: It means any industry the control of which by the Union Government has been declared by any Central Act to be expedient in the public interest.

Establishment: It means: ·Any office or department of the Government or a local authority, or ·Any place where any industry, trade, business, manufacture or occupation is carried on.

Principal Employer: It means: 1.In relation to any office or department of the Government or a local authority, the head of the office department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf 2.In a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 the person so named 3.In a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named 4.In any other establishment, any person responsible for the supervision and control of the establishment

Workman: ?Workman? means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person: Who is employed mainly in a managerial or administrative capacity; or Who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per performs, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or Who is an out-worker, that is to say, a person to whom any articles and materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise, processed for sale for the purpose of the trade or business of the principal employer and the purpose is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer.

THE ADVISORY BOARDS

Central Advisory Board

Section 3 requires the Central Government to constitute a board called the Central Advisory Contract Labor Board to advise the Central Government on such matters arising out of the administration of this Act, as may be referred to it and to carry out other functions assigned to it under this Act.

The Central Board shall consist of: ·A Chairman to be appointed by the Central Government ·The Chief Labor Commissioner (Central), ex officio ·Such number of members, not exceeding seventeen but not less than eleven, as the Central Government may nominate to represent that government, the Railways, the coal industry, the mining industry, the contractors, the workers and any other interests which, in the opinion of the Central Government, ought to be represented on the Central Board.

State Advisory Board

The State Government may constitute a board to be called the State Advisory Contract Labor Board to advise the State Government on such matters arising out of the administration of this Act, as may be referred to it and to carry out other functions assigned to accident attorney louisiana it under this Act.

The State Board shall consist of: ·A Chairman to be appointed by the State Government ·The Labor Commissioner, ex-officio, or in his absence any other officer nominated by the State Government in that behalf ·Such number of members, not exceeding eleven but not less than nine, as the State Government may nominate to represent that government, the industry, the contractors, the workers and any other interests which, in the opinion of the State Government, ought to be represented on the State Board

Power to constitute Committees

The Central Board or the State Board, as the case may be, may constitute such committees and for such purpose or purposes as it may think fit. The committee shall meet at such time and places and shall observe such rules accident attorney louisiana of procedure in regard to the transaction of business at its meetings as may be prescribed. The members of a committee shall be paid such fees and allowances for attending its meetings, as may be prescribed. However, no fees shall be payable to a member who is an officer of Government or of any corporation established by any law for the time being in force.