 bill no  xi of  2002 the contract labour (regulation and abolition) amendment bill, 2002 a billfurther to amend the contract labour (regulation and abolition) act, 1970be it enacted by parliament in the fifty-third year of the republic of india as follows:—short  title and commencement1  (1) this act may be called the contract labour (regulation and abolition)amendment act, 20025(2) it  shall come into force on such date as the central government may, bynotification in the official gazette, appoint| 37 of 1970   ||---------------|| section 2    |2 in section 2 of the contract labour (regulation and abolition) act, 1970(hereinafter referred to as principal  act), for clause (a) the following clause be substituted, namely:—10'(a) "appropriate government" means the government of the state  or of the unionterritory, as the case may be, in whose territorial jurisdiction an establishment is situated'amendment of section 103 in section  10 of the principal act, after the explanation  the following proviso shall be added, namely:—15"provided that where the appropriate government decides that the process, operationof other work in an establishment is of perennial nature, the contract labour employed for such work shall be given regular employment for such perennial work in the concerned establishment" statement of objects and reasonsit has been provided  in the contract labour (regulation and abolition) act, 1970that in case of establishments of central government, the appropriate government will be the central government and in case of all other establishments, the government of the state will be the appropriate government especially after the judgment of airport authority case, bombay, the labour department has issued a circular that the administrative department should be treated as appropriate government unless until the act is amended the central government is to be considered as appropriate government for the purpose of contract labour issues it is totally impracticablethe central government does not have the infrastructure to solve all the matters it  results in unnecessary delay in the matters of contract labour and their welfare the state governments have all the infrastructure such as labour commissioners etc in their respective territorieshence it will be in the fitness of things if the state governments may be treated as appropriate government in the case of all the establishmentssimilarly, though section 10 of the act provides for prohibition of employment of contract labour in an establishment where the work is of perennial and permanent nature and is of sufficient duration, yet it fails to ensure regular employment to the workmen employed for the purpose regular employment should be given to the same workmen in that establishment in case the contract work of that establishment is abolishedthe bill proposing amendments in the sections 2 & 10 of the act seeks  to achieve the aforesaid objectivesrama chandra khuntia annexure extracts from contract labour (regulation and abolition) act, 1970 (no 37 of 1970) ————     2 definitions(1) in this act, unless the context otherwise requires,—1[(a)  "appropriate government" means—(i)in relation to an establishment in respect of which the appropriate government under the industrial disputes act, 1947 (14 of 1947), is the central government, the central government;(ii)in relation to any other establishement, the government of the state in which that other establishement is situate;]    10 prohibition of employment of contract labour(1) notwithstanding anything contained in this act, the appropriate government may, after consultation with the central board or, as the case may be, a state board, prohibit, by notification in the official gazette, employment of  contract labour in any process, operation or other work in any establishment(2) before issuing any notification under sub-section (1) in relation to an establishment, the appropriate government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as—  (a)whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment;(b)whether it is of perennial nature, that it is to say, it is of sufficient duration having  regard the nature of industry, trade, business, manufacture or occupation carried on in that establishment;(c)whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto;(d)whether it is sufficient to employ considerable number of whole-time workmenexplanation: if a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate government thereon shall be final   rajya  sabha a billfurther to amend the contract labour (regulation and abolition) act, 1970(shri ramachandra khuntia, mp)