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Section 23 – Contract Labour Act, 1970

Contract Labour Act, 1970

 

 

23. CONTRAVENTION OF PROVISIONS REGARDING EMPLOYMENT OF CONTRACT LABOUR. –

 

Whoever contravenes any provision of this Act or of any rules made there under prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a licence granted under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

 

COMMENTS

 

(i) Consequence of non-compliance with the provisions of section 7 or section 12 is penal; Deena Nath v. National Fertilizers Ltd., 1992 LLR 46 (SC).

 

(ii) Prohibition under section 10(1) cannot include any work with the establishment; S.D. Powar v. Labour Enforcement Officer, (1992) 65 FLR 907 (Ker).

 

(iii) Mens rea is an element of offence; S.B. Deshmukh v. State of Maharashtra, 1986 Lab IC 2003 (Bom).

 

 

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Contract Labour Act, 1970

 

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