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Section 35 – Contract Labour Act, 1970

Contract Labour Act, 1970

 

 

35. POWER TO MAKE RULES. –

 

(1) The appropriate Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

 

(a) the number of persons to be appointed members representing various interests on the Central Board and the State Board, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling vacancies;

 

(b) the times and places of the meetings of any committee constituted under this Act, the procedure to be followed as such meetings including the quorum necessary for the transaction of business, and the fees and allowances that may be paid to the members of a committee;

 

(c) the manner in which establishments may be registered under section 7, the levy of a fee therefore and the form of certificate of registration;

 

(d) the form of application for the grant or renewal of a licence under section 13 and the particulars it may contain;

 

(e) the manner in which an investigation is to be made in respect of an application for the grant of a licence and the matters to be taken into account in granting or refusing a licence;

 

(f) the form of a licence which may be granted or renewed under section 12 and the conditions subject to which the licence may be granted or renewed, the fees to be levied for the grant or renewal of a licence and the deposit of any sum as security for the performance of such conditions;

 

(g) the circumstances under which licences may be varied or amended under section 14;

 

(h) the form and manner in which appeals may be filed under section 15 and the procedure to be followed by appellate officers in disposing of the appeals;

 

(i) the time within which facilities required by this Act to be provided and maintained may be so provided by the contractor and in case of default on the part of the contractor, by the principal employer;

 

(j) the number and types of canteens, rest-rooms, latrines and urinals that should be provided and maintained;

 

(k) the type of equipment that should be provided in the first-aid boxes;

 

(l) the period within which wages payable to contract labour should be paid by the contractor under sub-section (1) of section 21;

 

(m) the form of registers and records to be maintained by principal employers and contractors;

 

(n) the submission of returns, forms in which, and the authorities to which, such returns may be submitted;

 

(o) the collection of any information or statistics in relation to contract labour; and

 

(p) any other matter which has to be, or may be, prescribed under this Act.

 

(3) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

 

1[(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]

 

state amendment

Andhra Pradesh.—In section 35, in sub-section (2), omit clauses (a) and (b).

 

[Vide Contract Labour (Regulation and Abolition) (Andhra Pradesh) (Amendment) Act, 2003 (Andhra Pradesh Act 10 of 2003), sec. 6.]

 

COMMENT

 

(i) Levy of any fee is not levy of tax; Gammon India Ltd. v. Union of India, 1974 (1) SCC 596.

 

(ii) Statutory rules made under a statute must be treated exactly as if they were in the Act and to be judicially noticed for all purposes of construction or obligation; N.K. Hazarika v. Union of India, (1995) 2 SLJ (CAT) 410.

 

———————————

1. Added by Act 4 of 2005, sec. 2 and Sch. (w.e.f. 11-1-2005).

 

 

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Contract Labour Act, 1970

 

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