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Article On CLRA With Comments

The key points are: 1) The act regulates the use of contract labor in establishments with 20 or more contract workers and can abolish its use in some circumstances. 2) It applies to establishments and contractors with 20 or more contract workers in the past 12 months. 3) The act establishes requirements for registration of establishments and licensing of contractors. 4) It defines responsibilities of principal employers to provide amenities and ensure timely payment of wages to contract workers. 5) The act requires compliance filings by principal employers and contractors. 6)

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Sandeep C Viswanath
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64 views2 pages

Article On CLRA With Comments

The key points are: 1) The act regulates the use of contract labor in establishments with 20 or more contract workers and can abolish its use in some circumstances. 2) It applies to establishments and contractors with 20 or more contract workers in the past 12 months. 3) The act establishes requirements for registration of establishments and licensing of contractors. 4) It defines responsibilities of principal employers to provide amenities and ensure timely payment of wages to contract workers. 5) The act requires compliance filings by principal employers and contractors. 6)

Uploaded by

Sandeep C Viswanath
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Article

CS Nishvitha BAL.LLB, CS
Senior Executive- Legal
Lowe's India
nishvitha@gmail.com

An Overview of the Contract Labour (Regulation and Abolition) Act

The Contract Labour (Regulation and Abolition) Act, 19701 was enacted to regulate the employment of
contract labour in certain establishments and to provide for its abolition in certain circumstances.

Applicability: The act is applicable to:


 every establishment2 in which twenty or more workmen are employed or were employed on any
day of the preceding twelve months as contract labour;
 every contractor who employs or who employed on any day of the preceding twelve months
twenty or more workmen.

Non- applicability:
 An establishment which performs an intermittent or casual nature of work.
- The appropriate Government shall decide upon the intermittent or casual nature of work after
consultation with the Central Board/ State Board.

Difference Between:
Registration of Establishment employing Licensing of Contractors
Contract Labour
Applicable to every establishment (Principal Applicable to every contractor who
employer) which employs 20 or more employees 20 or more workmen
contract labour
The Principal Employer shall apply for The Contractor shall obtain a license from
registration of an establishment before the the Licensing officer
registering officer
This is not renewable on year to year basis This is valid for only one year / should be
renewed before due date.
Certificate of Registration need not be License shall be displayed prominently at
displayed at the establishment by Principal the premises where the contract work is
Employer being carried on.

1
Received assent of the President on 5.9.1970; Published in Gazette of India on 7.9.1970
2
Sec 2(e) "establishment" means--
(i) any office or department of the Government or a local authority, or
(ii) any place where any industry, trade, business, manufacture or occupation is carried on;

1
Liabilities and responsibilities of Principal Employer
- The Principal Employer shall provide the essential amenities like Canteen (above 100 contract
labours), rest rooms, drinking water facilities and first aid facilities if the same is not provided by the
Contractor (Sec 16 to 19).
- The expenses incurred on amenities by the Principal employer may be recovered from the
contractor either by deduction of any amount payable to the contractor under any contract or as a
debt payable by the contractor (Section 20).

- The Principal employer must ensure the disbursement of wages through Contractor within the
expiry of prescribed period by nominating a representative. If the Contractor fails to make payment
or makes short payment then, the principal employer shall be liable to make payment of wages in
full or the unpaid balance and recover the amount so paid from the Contractor (Section 21).

Compliances under the Act

Principal Employer: a) Within 15 days of commencement or completion of each contract work under each
contractor, submit a return to the inspector, intimating the actual dates of commencement and
completion of such contract work.

b) Submit annual returns to the registering officer concerned not later than, 15th February following end of
the year to which it relates.

Contractor: File half yearly returns with the concerned Licensing Officer not later than 30 days from the
close of the half year.

Recent amendment

Threshold for applicability of the Contract Labour (Regulation and Abolition) Act, 1970 increased from 20
to 50 in Maharashtra

The Government of Maharashtra, has, vide notification dated January 05, 2017, increased the threshold for
applicability of the Contract Labour (Regulation and Abolition) Act, 1970 (“CLRA”) in the State of
Maharashtra.

The CLRA and compliances thereunder (obtaining registration as a principal employer or securing a license
as a contractor, maintaining registers, etc.) shall now be applicable only if an establishment engages 50
(fifty) or more workmen as contract labour in the preceding 12 (twelve) months or if a contractor employs
50 (fifty) or more workmen as contract labour in the preceding 12 (twelve) months.

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