  , ~ ,1 9 6 ,6  of '0 (to be/as introduced i9 lok,~abha) ,',  1:pagec1l,head1ng under ch~pter· iii, for -"esta1lism--:1'it" relad u:s5tablishments" •• 1  2 page 3, line 8,--atter "establishment" 'for it" !!!:!! ";" 3 i ,e  : :  ;f  ·0 '  •• ge 4, line 8, -  ' ', -~- , ", ' ;,'': :', :"~:~'::'r~; ~''', ~·i,~· '~';"' ~"',,' ! " j  - " ft)r "asigned" r''''ad'' u ass1gnedu , -,age 4" line l8,~"" ,~':'  "l·!· " ! i 4  ' " j ,  tor "ottice ot" read "oftice"  --!"" " '0 '' '0,' ,age 5, line 4,- ,t_' '    - 5 tor ninannes" read "mahriertt -page 5, lin~' i~,-" "  after "~retscr1 bed" for ti,·~" read' ",tt , ' "r, - !,\'~  fage 5, line 23,-~, 7 ,', - r " ","" i' '' ',~~ ,  ~ atter, "'andll ~, " " , iif:!)~ n"'f '~" 'to " " age:'6, 'i1ne :'1~~':':'  ,':"'~:;'  ' ' ,,' ! 8 , atter "governmpnt" insert ':  if " , , r -- "'; r •• ',  - 9 page 6, line 23,- , after tract" insert ~ r"r "benet1tll read iibehefits" -- " , ;  "f - t·  - -- :: • ipage 7 line ;'3s: - ,~~ ~--- ':, ',/'   ;" ': , , , i  before ' i~~o~¥u t10nstr 1rili9tt ""'aueh"  ! ~'  -:~:  i,;  ~·,1 (page 9, line 7, -'__, --'-  ' ,' ftjr it ani! read ,--13 page 1q, l1ne 22,-m "obstructions" ~ "obstructs" 14 page 11, 11ne 17,-for "proceded" read "proceeded" - f s•  , for "sactionsll read usection"  \ :: 16 • page' 12", 1·1ne· 2! ,-- ••• - •• ---- 4 •• _ fo!' 'f ndrlersses" read ii addr~bses" 4  " 17 page 13f: :line ~,o~  '- ' '  ~:~   ~ ;'  !2! 'upreeqceft read' ii pr od'uc a"    ~  i '~l -   " " 18 page 14, 1n' the marginal hea'-dlng :to cl~use 32,-  '" '-ror ii act" read' "this act1',:  ~ ~', ," 19 page 14, line 19,-0' after "act"  in~ ert ii' ii ,  " 20 page 14, line 22,-!-f _ ' 0'· for tt expendiimt't read' ftexpet\~ntll ----- ~:":,,:,,' 21 page 14, line 3s,- , , for "bu 1ness'!,_read ,tbusiness"  22 page 15, line 19,-' " for uofac·f11tesft 'read "fac11itlesu  --- -  23 page 16, line 11,-for ncase" read "cases" 24 page 16, line 12,-for ucomi tion" read" cond1tlons" '25 page 16, i1ne 25,-for iid~raul:!t ·  ielid udefau1ts" --2q  ' ' ; - ,' "for" _insert " uthe!1-after  ~  ;:-"  new delhi octobe'l"" -26 1~66  kart lka 4, 1888- (saka)  --  1 f t si bui no " of 196' the contract labour (regulation and abolition) bill, 1966 arrangement of clauses chapter i preliminary clauses[ short title, extent, commencement and application 2 definition')  chapter ii the advisory boards3 central advisory board 4 state advisory board 5 power to constitute committees  chapter iii registration of establisbmbnt employing contract labour6 appointment of registering officers 7 registration of certain establishments 8 revocation of regi~tration in certain cases 9 effect of non-registration 10 prohibition of employment of contract labour  chapter iv licbnsing of contractorsii 12 appointment of licensing officers licensing of contractors grant of licences revocation, suspension and amendment of lic:eocce appeal 13· 14· is· ~, i:  chapter v wblfarp and hballli of contract labour clausesr6 canteen<; 17; rest-rooms is other facilities 19 first-aid facilities 20 liability of principal employer in certain cases 2 j - responsibility for payment of wages  chapter vi psn,u ties and procbdure22 obstructions 23 contravention of provisions regarding employment of contract labour 24· other offences 25 offences by companies 26 cognizance of offences 27 limitation of prosecutions  chapter vii miscp~lanbous2s inspecting staff 29 reglsters and other recorrls to be maintained 30 effect of las and aarcements inconsistent with this act 3 i power to exempt in special cases 32 protection of action taken under this a/=r 33 power to give directions 34 power to remove difficulties 35 power to make rule~  abolition) bill, 1966 a billto regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters (;ollneeted therewith be it enacted by parliament in the seventeenth year of the republic of india as follows :- chapter i prbllminary5 i , (1) this act may be ~al1ed the contract labow" (regulation abolition) act, 1966 and short title, exte»l, c:ommencemt'dt and application (2) it extends to the whole of india except kashmir the state of jammu and (j) it shall come into force on such date as the central government 10 may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act (4) it applies-(a) to every establishment in which twenty or more workmen are employed or were ,employed on anyday ofthep'~ng twelve months is as contract labour j (b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen : provided that the appropriate government may, after giving not less than two months' n"tice of its intention so to do, by notification in the 20 official gazette, apply the provisions of this act to any e'ltablishment or contractor employing such number of workmen less than twenty as may he specified in the notification (5) (a) it shall not apply to establishments in which work only of an intermittent or casual nature is performed 5 (b) if a question arise~ whether work performed in an e!ltablishment ~ is of an intermittent or ca5ual nature, the decision of the appropriate government thereon shall he final d!ftnitions z in this ai;t, unless the context otherwise requires,-(a) "appropriate government" means-(1) in relation to-(,) any establishment pertaining to any industry carried on by or under the authority of the central government, or 5 pertaining to any such controlled indu~try as may be specified in this behalf by the central government, or (ia) any establishment of any railway, cantonment board, major port, mine or oil-field, or (  ,) any establishment of a banking or insurance com- 10 pany, the central government, (3) in relation to any other establishment, the government of the state in which that other establishment is situated; (b) a workman shall be deemed to be employed a8 "contract is labour" in or in connection with the work of an establlshmeat 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; (c) "contractor", in relation to an establishment, means a person 20 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 labour or who supplies contract labour for any work of the establishment and includes a sub-contractor; (d) "controlled industry" means any industry the control of which 2s by the union has been declared by any central act to be expedient in the public interest; (b) "establishment" meam-(i) any office or department authority, or of the government or a local 30 (ia) any place where any indmtry, trade, business, manufacture or occupation is carried on; (f) "prescribed" means prescribed by rules made unuer the act; (g) "principal employer" means-() in relation to any office or department of the government 3s or a local authority, the head of that office or department or such other officer as the government or the local authority, as the cac;e may be, may specify in this behalf, (il) in a factory, the owner or occupier of the factory and where a person has been named a'3 the manager of the factory under the factories act, 1948, the person so named, (ii) in a mine, the owner or agent of the mine and where 5 a person has been named as the manager of the mine, the person so named, (iv) in any other establishment, any perscn responsible for the supervision and control of the establishment exp/anation-for the purpose of sub-clause (iii) of this clause, 10 the expressions "mine", "owner" and "agent" shall have the meanings r~lxctiveiy assignelt to them in clause (j), clause (1) ard clame (c) of sub-section (i) of section 2 of the mines act, 1952 j (h) "wages" shall have the mefnirg assjgned to it in claute (vi) of slct~on 2 of the payment of wages act, 1936 ; 15 (i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-ski lled 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-20 (a) who is empjoyed mainly in a managerial or administrative capacity; or (b) who, being employed in a superv~ory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of 25 the powers vested in him, functions mainly of a managerial nature ; or (g) who is an out-worker, that is to ~ay, a penon to wl:om any articles or materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, fini!1hed, repaired, adapted or otherwise pocessed for sale for the purposes ofehe trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premi4les, not being plullises under the control and management of the principal employer  clfapter it the advisory boardscentral advisory board 3· (1) the central government shall, as soon as may be, constitute a board to be called the central advisory contract labour board (hereinafter referred to as the central board) to advise the 5 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 asigned to it under this act (2) the central board shall comist of-(a) a chairman to be appointed hy the central government; 10 (b) the chief labour commissioner (central), ex-officio; (c) such number of members, not exceeding ~eventeen, as the central government may nominate to represent that government, the railways, the coal industry, the mining industry, the contractors, the workmen and any other interests which, in the opinion of the central 15 government, ought to be represented on the central board (j) the number of person" to be appointed as memhers from each uf the categories specified in sub-section (1), the term of office of and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of fi lling vacancies among, the members of 20 the central board shall be such as may be pre~cribed state advi-4· (1) the state governmt!nt may constitute a board to be called sory board the state advisory contract labour board (hereinafter referred to as the stat(board) to advise the state government on such matters arising out of the administration of thi5 act as may be referred to it and to carry out 2~ other functions assigned to it under this act (2) the state board shall consist of-ca) a chairman to be appointed by the state government; (b) the labour commissioner, ex -officio, or in his absence any other officer nominated by the state government in that behalf; 30 (c) such number of members, not exceeding eleven, as the state -government may nominate to represent that government, the industry, the contractors, the workmen and any other interests which, in the opinion of the state government, qught tq he represented on the state board·  (j) the number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to he followed in the discharge of their functions by, and the mannes offil1ing vacancies among, the members s of the state board shall be such as may be prescribed 5· (1) the central board or the state board, as the case may power to b - h   constitute e, may constitute sue committees and for sach purpose or purposes committees as it may think fit (2) the committee constituted und'~r sub-section (1) shall meet at 10 such times and places and shall observe such rules of procedure in regard to the transaction of husiness at its meetings as may be prescribed cj) the members ofa committee shad be paid lach fees and allowances for attending its meetings as ma, be prescribed  {provided that no fees shall be paya!,le to a member who is an officer of 15 government or of any corporation established by any jaw for the time heing in force  chapter iii registration of establishments employing contract labour'6 the appropriate government may, hy an order notified in the appointmejjlqi"rcai-20 official gazette -sterials ' officers (a) appoint such persons, being gazetted ofticcrs of government, as it thinks fit to tie registering oflicers for the· purpose of this chapter; and (b) define the limits within which a registering officer shall exercise the powers conferred on him by or under this act 7 (1) every principal employer of an e  tabli~hment to ,yhich this reaistratioo act applies shall within such period as the appropriate government rna", orb~rhtalnenets- , - ta lis m s hy notification in the official gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an 30 application to the registering officer in the prescribed manner for registration of the establishment: provided that the regio;tering officer may entertain any such application ',: for registration after expiry of the period fixed in this behalf, if the r egister->; ing officer is satisfied that the applicant was prevented by sufficient cause ')3s from making the application in time (z) if the application for regi~tra:ion is complete in all respects, the registering officer ,hall regi&ter the establishment and issue to the principal employer of the e5tablishmcnt a certificate of registration containing such particulars as may be prescribed revocation 8 !fthe registering officer is satisfied, either on a refexence made to s of registra- tioa in h1dl in this behalf or otherwise, that the registration of any e-stablishment certain cases has been obtained by misrepresentation or suppression of any material fact, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establish- 10 ment to be heard and with the previous approval of the appropriate government revoke the registration effect of nonregistration , no principal employer of an establishment, to which this act applies, shall~ (a) in the case of an' establishment required to be registered is under section 7, but which has not been registered within the time fixed for the purpos'! under that section; (b) in the case of an establishment the registration in respect of which has been revoked under section 8, employ contract labour in the establishment after the expiry of the period 20 referred to in clause (a) or after the revocation of registration, referred to in clause (6), as the case may he prohibition 10 (1) not with standing anything contained in this act the appro-:cnt ~ploy- priate government may, after con'lultation with the central board or, as contract the caao may be, a state board, prohibit, by notification in the official2s labour        gazette, employment of contract labour in any process, operation or other work in any establishment (z) 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 benefit provided for the contract labour in that 30 establishment and other relevant factors, such as :-(a) whether the process, operation or o(her work is incidental to, or neccs9&l'y for the industry, trade, business, manufacture or occupation that is carried on in !he establishment; (b) whether it is of perennial nature, that is to say, it is of 35 sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that e9tablishment ; (c) whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto ; (d) whether it is sufficient to employ cflnc;ioerahle number of whole-time workmen explanation-if a question ari~es whether any process or operation or other work is of perennial nature, the decision of the appropriate gov= 5 ernment thereon shall be final  chapter iv licensing of contractors10 ii the appropriate government may, by an order notified in the appointment official gazette _ of licensing officers (a) appoint such persons, beidg gazetted officers of goverament, as it thints fit to be licensing officers for the purposes of this chapter; and (b) define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this act (;5 12 (i) with effect from such date as the appropriate government licensing 0( may, by n,tification in the official gazette, appoint, no contractor to whom coiltrlctorb this act applies, shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer 20 (2) subject to the provisions of this act, a licence under sub-section (1) may contain such conditions including, in particular, conditions as to hours of work, fixation of minimum wages and other e:;sential amenities in respect of contract labour as the appropriate government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security 25 for the due perfonnance of the conditions as may be prescribed -13 (1) every application for the grant of a licence under sub-section gnnt of  '1) of section 12 shall be made in the prescribed form and shall contain the lic:edces ;' particulars regard!ng the location of the establishment, the nature of o process, operation or work for which contract labour is to be employed and such other particulars as may be prescribed (2) the licensing officer may make such investigation il respect of the applicdtion received under sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as may be prescribed (1) a licence granted under this chapter shall be valid for the period specified therein and may be renewed from time to time lor such period and on payment of such fees and on; : ~ conditions as may be presaibc4 14· (1) if the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that-rev0cation, suspension and amendment of licences (ti) a licence granted under section 12 ha" been obtained by mifrepresentation or ~uppression of any m~terial fact, or - (b) the holder of a licence has, witho~jt reasonable cause, failed to s comply with the conditions subject to which the licence has beejl granted or has contravened any of the rroyisions of this act or the rulesmade thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this act, the licensing officer may, after giving 10 the holder of the licence an opportunity of showing cause, revoke or suo;:pend the licence or forfeit the sum, if any, or any portion thereof deposited a') security for the due performance of the corditions subject to which the licence h':ls been granted (2) subject to any rule') that may be m1de in this behalf, the licensing 15 officer may vary or amend a licence granted under section 12 appeal 15 (1) any person aggrieved hy an order made under se~tion 7' section 8, section 12 or section 14 may within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who ~hall be a person nominated in this behalf by the 20 appropriate government : prcjvided that the appellate officer may enterta~n the appeal after the expiry of [he said period of thirty days, if he is satisfied that the appellant was prevented by ~-ufficient cause from filing the appeal in time (2) on receipt of an appeal under sub-section (1), the appellate 25 officer ~ hall, after giving the appellant an opportunity of being heard dispose of the appeal as expeditiou~ly a,s pos~ible  chapter v welfare and realm of contract labo~rcantl!c:n!l 16 (1) the appropriate government may make rules requiring that 30 in every establishrnent-(a) to which this act applies, (b) wherein work requiring employment of contract labour is likely to continue for such period as may be prescribed, and (c) wherein contract labour numbering one hundred or more is 35 ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labour (2) without prejudice to the generality of the foregoing power, such rules may provide for-(a) the date by which the canteens shall be provided; 5 (b) the number of clnteens that shall he pro\'ided and the standards in respect of conc;truction, accommc'dation, furniture and other equipment of the canteens; and (c) the foodstuffs which may he served therein an the charges which may be made therefor 17· (1) in every place wherein contract labour is required to halt rest rooms 10 at night in connection with the work of an estahlishment-(a) to which this act applies, and (b) in which work requiring employment of contract labour is likely to continue for such period as may be prescribed, there shall be provided and maintained by the contractor for the use of 15 the contract labour such dumber of res:-i'ooms or such other suitable alterna1ive accommodation within such time as may be pre~cribed (2) the rest-rooms or the alternative acc6mmodation to be provided under sub-section (1) shall be sufficiently lighted and vcntilated and shall be maintained in a clean and comfortable condition 20 18 it shall be the duty of every contractor employing contract other i b· " h h k f bl' h' h w·· facililiea a our in connection wit t e wor 0 an esta lshmcnt to w ie t s act applies, to pre vide and maintain-(a) a ~ufficient supply of wholesome drinking water for the contract labour at convenient places ; 25 (b) a sufficient number of latrines and urinals of the prescribed types so situated as to he convenient and accessihle to the contract labour in the establishment ; and (c) washing facilities 19 there shall be provided and maintained by the contractor so as first aid 30 to be readily accessible during all working hours a first-aid box equip- facilities ped with the prescribed contents at every place where contract labour is employ(d by him 20 (1) if any amenity required to be pro\,ided under section 16, liability of   8  &: h h fi f h principal section 17, secuon i or section 19 lor t e ene tot e contract lahour emplnyer in 35 employed in an establishment is not provided hy the contractor within the certain cases time prescribed therefilr, such amenity shall be provided hy the principal employer w:thin :such time as may he prescribed (2) all expemes ir:curred by the principal employer in providing the amenity may be recovered hy the principal employer from the contractor either by deduction from any amount payable to under any contract or as a debt payable by the contractor the contractor, responsibility for payment of wages < 5 21 (1) a contractor shall be re~ponsib}e for payment of wages to each worker employed by him as contract labour and such wages shall be paia before the expiry of such period as may be prescribed (2) every principal employer ehall nominate a representative duly authorieed by him to be present at the time of disbursement of wages by the contractor ard it shall be the duty of ~uch representative to certify the amounts paid as wages in ~uch manner 88 may be prescribed v) it shall be the duty of the contractor to en~ure the 10 disbursement of wages in the preser:ce of the authorised representative of the principal emplcyer (4) in case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the prit\cipal employer shall be liable to make payment of wages in full or the unpaid is balance due, as the case may be, to the contract labour employed by the contr~ctor and recover the amount w paid from the contractor either by deduction from any amount payable to the contractor under any contract or a5 a debt payable by the co:1tcactor  chapter vi20  penal ties and procedureobstnc!ions 22 (1) whoever obstructions an insrector in the discharge of his duties under this act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this act in relation to an 25 establishment to which, or a contractor to whom, this act applies, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupee~, or with both (2) whoever wilfully refuses to produce on the demard of an inspec- 30 tor any register or other document kept in pun: uance of this act or prevents or attempts to prevent or does any thing which he has reason to believe is likely to preven~ itny person from appearing before or being examined by an inllpector acting in pur~uance of his duties under this act, shall bci"punishable with imprisonment for a term which may exterd to 35 three month" or with fine which may extend to five hurdred rupees, or with both a3 whoever contravenes any provision of this act or of any rules made thereunder prohibiting, restricting or regulning the employment contravention of provisions reprding employment ofcontfbct labour of contract labour, or contravenes any condition of a licence granted under this act, shall be punilihable with imprisorment for a term which may exterd to three months, or with fine wh:ch it ay cxterd to one thou~ and rupee~, or with both, and in the case of a continuing contravention with 5 an additional fine wh:ch rray extcrd to ore hudhd lupces for every day during which !1uch contravention continues after ccnv:ction for the first such contravention 24· if any permn contravenes any of the provisions of trus act or other oftenof ary nles mrde thereurder for wh:ch no olher per:a}ty is elsewhere ccs 10 prov:dcd, he ~pall t-e plnid:al-le w~th :itpr;~(rn:(nt for a telm wh:ch may extud fo thlee rronth<; or with fir:e wh:ch may exttrd 10 one thou~ard rupees, or with t:oth 2s· (1) if the person committing an cfferce under this act is a com- offi b - encea y pany, the company as well as every perron in charge of, and r~-ponmble to, companies 15 tht company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be hable to be proceded against and punished accordingly: provided that nothing contained in this mb-~ection shail render any such person hable to any punishment if he pro'·cs that (he offence was 20 committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence col) notwithstandirg arything contained in sub-~ec[ion (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or 25 that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or any other officer of the company, such director, manager, managing agent or such other officer ~hal1 also be deemed to be guilty of that offence and shall be liable to be proceeded against and puni~;hed accordingly 30 explanat,01l:--for the purpose of this sections-(a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm 26 no court shall take cognizance of any offence under this ac( f'x- ;t~;r!~~~ ,35 cept on a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a presidency magistrate or a magistrate of the fir~t class shall try any oftence puni!"hahle under t!-is act limitation of 27· no court shall take cognizance of an offence punishable under prosecutions this act unless the cornp!aint three f is rnrde within three rronths from the d:lte on which the alleged commis~ion of the (\tfence c~me to the knowledge of an inspector: provided that where the otfcrcc consists of diwl-eying a written order 5 made by an inspector, complaint thereof may he mrde within six months of the date on which the offence is alleged to have been committed  -  chapter vii miscellaneousinspecting staff 28 (i) the appropriate government may, by notification in 10 the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act, and define the local1-imits within which they shall exercise their powers under the act (2) subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed-j 5 (a) ellter, at all reasonable hours, with such assistants (it any), being persons in the serv:ce of the gonrrrrcnt cr hy local or other public authority as he thinks fit, any pnmises or place where contract labour is employed, for the rurro~e of exrmining [ny register or record or notices required to be kept or exhibited ~y or under this act or ru!es 20 mede thereunder, an,i require the prcduction thereof for inspection; (b) examine any person whom he finds in any such premises or place and who, he has reasonable cau~e to believe, is a workman employed therein ; (c) require any person gl\"mg out work and any workman, to give 25 any information, which is in his power to give, with resrect to tt-c names and adders~:es of the persons to, (or and from whom 'he work is given out or r(clived, ard wilh ie' r(ct !o it-e rayrrents to be mrde for the work; cd) seize or tuke copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence 30 under this act which he has reason to i~e!ieye has heen committed by the principal employer ; and (e) exerci;e such other powers as m~y be prescribed (3) a'ly person required to proeuce any document or thing or to give any information required by an inspector u~der sub-section (ol) shall be deemed to be legally bound to dj so within the meanipg of section j75 ard 5 section 176 of the irdian penal code (4) tne provisions of the code of criminal procedure, 1898 shau, so far as idly be, apply to any search or seizure u!lder sub-section (ol) as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the sa;d code - 10 29 (1) every principal employer and every co,tractor shall maintain registers and such regbters and record; giving such particulars of contract labour em- ~~ht~ ~~i: ployed, the nature of work performed by the contract labour, the rates of ntainl':d wages plid to the c:>ntract labour and such other particulars in such form a'l may be prescribed 15 (ol) every principal employer and every contractor shall keep exhibited in such manner a!'= may be prescribed within the premises of the establishment where the coltract lahour is employed, notices in the pre,-cribed form containing particulars about the hours of work, nature of duty and such other information as may be prescribed 20 30 - (1) tile provisions of this act shall have effect notwithl!tanding effect of anything inconsistent therewith contained in any other law or in the terms ~;:e::nts of any agreement or contract of service or in any standing orders applic- i~nsi~tent - co with this able to the estabhshment whether made be re or afte  the commencement act of this act: 25 provided that where under any such agreement, contract of service or standing orders the contract labour emplcyed in the establishment are entitled to henefits in respect of any matter which are more favourable to them than th03e to which they would be entitled ur:der this act, the contract labour shall contirue to be entitled to the more favourable benefits in 30 respect of that matter, notwithstanding that they receive benefits in respect of other matterc; under this act (2) nothing contained in this act shall be construed as precluding any such contract labour from entering into an agreement with the principal employer or the con·ractor, as the case may he, for granting them rights s or privileges in respect of any matter which are more favourable to them than those to which they would be entitled under this act power to ext'mpt in specia i cases 31 tile appropriate governme~t may if in it; opinion it is necessary or expedient so to do direct, ry n\ltifil'3tion in the official gazette, that suhject to such conditions ard re~tri  tions, if any, ard for such period or period, be; may be sp::-cified in the ~)tification, all or any of the provisions of this act or the rules made thereunder shall not apply to any e$tablish-) ment or cia,s of e,tablishmc1ts or any class of contractors 32 (1) no suit, pr03ecutio:1 or other legal proceeding ~halllic against any r~gistecing offi':::!r, licen;ing offi:er or a]y other government servant or prote cti)n of action taken under act again~t aly m~mber of the central board or the state board, as the case may he, for anything which is in gdl"\\i faith done or intended to be done in to pur~uance of this act or any rule or order made thereunder (2) no suit or other legal proceeuing shall lie against the govemment for any damlge caused or likd)- to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made there under power to give directions 33 the central governmen(may give directions to the government of any state as to the carrying into execution in the state of the provisions contained in this act power to remove difficulties 34 if any difficulty arises in giving effect to the provisions of this act the central government may, hy order published in the official gazette, 20 make such provisions not inconsistent with the provisions of this act, as appears to it to be necessary or expendient for removing the difficulty 35 (1) the appropriate government may, subject:o the condition or previou5 publication, make rules for carrying out the purposes of this act power to makerules d ~ l ') (ol) in particular, and without prejudice to the generality of the 25 foregoing power, such rules may provide for all or any of the following matters, namely :-(a) the number of persons to be appointed as members rep res en" ting various interests on the central bolrd and the state bolfd, the term of their office and other conditions of service, the procedure to be 30 followed in the discharge of their ful'lctions and the manner of filling vacancies; (b) the times and places of the meetings of any committee cojutituted under this act, the procedure to be followed at such meetill8s including the quorum necessary for the transaction of bujl1ess, and the 3s fees and allowances that may be paid to the members of a committee ; (c) the manner in which establishment, may be rt·gistercd under section 7, the levy of a fee the·efor and the fo:m of certificate of registration ; cd) the fo;'m of applicat:on for the gram 0  renewal of a licence under section 13 and the patticulars it may contain ; (e) the mlnnel" in which an inve;tigation is to be made in respect nf an application for the g-ant of a licence and the matters to be taken into account in granting or refusing a licence ; (j) the form of a licence which may be granted or renewed under 10 ~ection 12 and the conditions subject to which t' e licence may be granted or renewed, the fees to be levied for the grant or renewal of a licence and the deposit of any ~um as security for the performance of such conditions ; (g) the circumstances under which licences may be \"aricd or amended under section 14; 15 (h) the form and manner in which appeals may be filed under ~cction 15 and the procedure to be followed by appellate officers in disposing of the appeals ; (i) the time within which facilites required by t&:s act to be pro-\"ided and maintained may be so provided by the contractor and in ca,e of default on the part of the contractor, by the principal employer; (j) the number and types of canteenc;, test-rooms, latrines and urinals that should be provided and maintained ; (k) the type of equipment that should be provided in the first-aid boxes ; (i) 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; 30 en) the subm=s!ion of returns, fonns in which~ and the authoritiec; to which, such returns may be submitted ; (0) the collection of any infonnatlon or statistic!f in relation to contract labour ; and (p) any other matter whkh has to be, or may be, prescribed under this act  3stne system of employment of contract labour lend; itself to variou,\ abu')es tile question of its abolition has heen under the con  ideration of government for a long time in the se~ond-fh'e-year-plan, the plarning commission made certain recommendation'), namely, undertaking of studies to ascertain the extent of the prohlem of ~ontrac( labour, progressive abolition of the system and improyement or !tervice conditions of contract labour where the abolition was not poisihle tile matter wa l discu;sed at variou meetings of tripartite committees at which the state governments were also repre:-ented and the general oo,sensu'i of opinion was that the system should be a bolished wherever pos :ible and practicable and that in case where this syscem could nor he abolished altogether, the working condition of the contract labour should be regulared sj a; to ensure payment of wages and provision of e3sential amenities  2 the propos!d bill a:mc; at the a~)olition of contra;;l labour inre  -pect of such categoric; a; may be notified by the appropriate government in th~ light of certain criteria th!lt ha\'e been laid down, and at regulating the service conditions of c(;ntract lab:lur wh~re abolition is not possible the bill provides for the setting up of advisory baa:ds of a trips ·tite cha:-acter, repr!"en~ilg varinus interests, to add;e the central 3"lj stat~ g;,vernm'!nts in administering the legislation and registration of establh-hments and contractors under the scheme of the bill, the provision and maintenance of certain basic welfare amenities for ~contract labour, like drinking water and firstaid fachitie" and in certain caie, reit-room~ and canteens, have 'been made obligatory provisions ~ve also been made to guard against defaul in the matter of wage payment new delhi; jagjivan ram the 27th august, 1966  president's recommfu"\dation ltnder article 117 of the constitution of india[copy of letter no 14 (s)j66-lwi, dated the 5th september, 1966 from shri jagjiwan ram, minister of lahour, employment and reh1hilitation to the secretary, lok sabha] the president, h'l\'ing been informed of the subject rn!ltter of the contract labour (regulation and aholition) bill, 1966 hljs recijmmended it, under articles 117 (i) and 117 (3) of rhe constitution, for introducdon and consideration of the lok sahha the following clauses of the contnict l:lhour (regulation and aholition) bill involve expenditure to the central government :-(i) clause 3-constitution of a cemral advisory board (2) clause 5-appointmem of committees by the centrji advisory board (3) clause 6-registration of establishments (appoimment of registering officers for central sphere) (4) clause i i-appointment of licensing officers and issue of licenses for the central sphere (5) clause 28-appointmcnt of inspecting staff hy the central government 2 it is proposed to entrust the enforcement of the provisions of the bill in all establishments in re ,pe~t of which the central government is 'appropriate' government, i e, work relating to registrjtion of establishments employing contract labour (clause 6), licensing of contractors (clause ii), inspections (clause 28), etc, to the central industrial relations machinery it may be necessary to appoint one assistant labqur com~issioner at each regionall'teadqu8rters namel)" bombay, cal~tt~ madras, }abalpur, kanput, dhanbad and hyderabad, and two labour enforce~ent officers in each region taking i~to account the ad~ trative w~k that may devo~ve on the office of the chief labour commissioner and the department of vtbour and employment, the follo\\;ng staff is likely to be required :-i deparlmmt of labour and employmenl i section officer i rs 350 (400)-<)00 i 2 vd c i 3 l d c i i office of the chief labour coi1l7llissinit't i regional labour commissioner rs 900-1250 2 section officer 3 stenographer -to \s,i~tants 5· f dcs o l d cs 7· d"lftry s peons i ii regional headquarters i assistant labour commissioners rs 6oc-950 2 u dcs 7 3· l d cs 7 4· peons iv for field work i labour enforcement officers rs 350-25-575 2 l d cs 3 peons the total non-recurring expenditure likely to be incurred will amount to rs 37,000/- and recurring expenditure to about rs 4,52,000/-per annum 3 in addition to the expenditure mentioned above expenditure on t a and d a of the non-official members of the central advisory board, to be constituted under clause 3 and committees to be constituted under c1au~e 5 of the bill will also be met by the department of labour and employment for holding two meetings in a year the expenditure is likely to be rs 10,000/- per annum, thus increasing the annual recurring expenditure to rs 4,62,000/-clause 16 of the bill empower; the appropriate government to make rule' :'egarding ca:~teen to be p:ovided by cont llctor; in e\'ery establishment wherein co!1t 'act labour numbering 0:- e hu'" dred or more is o~'djnarily employed and wherein work requi 'jng cmp'r·yn:er t c,f cfor tract labour is likely to conti!'_u~ f)r the prescr:bed period t_le matter; in re pect of which rules may be made relate to the date by which the canteens should be provided, the number of c1nteens, the standard  in respect of con~truction, accommodation and furniture to be provided and the foodstuffs which may be served and the charges which may be made therefor 2 clause 28(2) of the bill provides for the making of rules subject to which the inspecting staff may exercise the powers of entry, inspection, search and seizure conferred under that clause 3· clause 35 of the bill empowers the appropriate government to make rules for carrying out the purposes of the act the various matters in re~pect of whi~ rule~ may be made are specified in sub-clause (3) of that clause they relate inter-alia to the constitution of the central and the ~tate advisory boards, the procedure ~o be followed by the central board and the state boards and by the committees thereof, manner and procedure for registration of establishments, the form of application for the grant or renewal of licences for contractors, etc, the form and manner in which appeals may be filed and the procedure to be followed by appellate officers, the manner and time within which facilities like canteens, rest-rooms, supply of wholesome drinking water, latrinec;, urinals and first-aid facilities sball be provided and maintained by the contractor, and in certain contingencies, by the principal employer, the period within which the wages have to be paid by the cllntractor and the manner in which the representative of the principal employer should certify the payment of wages, the forms of repsters to be maintained and the returns to be submitted 4, these are ~ matters of administrative:procedure and detail the delegation of legislative power is tho" of a 1\ormal character a bill to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith (shri jagjifjan ram, minister of labour, employmmt and rehllbilitation) 