t REGD. MH 1776 Panaji, Bill Aprii, 1973 (thaitra 15, 1B951 SERIES I No" I OFFICIAL GAZETTE :GOVERNMENT OF GOA, DAMAN AND DIU GOVERNMENT OF GOA, DAMAN (a) of clause (00) of section 2 of the Industrial Dis.putes Act, 1947, excluding voluntary reti­ AND DIU rcmen,,",. from the scope of definition of "retren­ chment" such vc-luntary retirements shall for law and Judicial Department the purpose be treated as retrenchments by mutual consent of the parties". Notification (S.70012/3/72-PF.II) LD/104 7 /7'3 Sd./­ The follow:ing two notifications received from the DALJIT SINGH Government of India, Ministry of Labour and Reha­ bilitation (Depal'tment of Labour and Employment) Under Secretary New Delhi, are hereby published fcr general infor­ mation cf the Public. Notification M. B. Borkar, Under Secretary (Law). IJethi, 16th December, 1972 Panaji, 15th March, 1973. New the G. S. R. - In exercise of w" powers; conferred by rule 75 of the Contract Labour (Regulation and GOVERNMENT OF INDIA Abolition) Central Rulesl, 1971 an abstract of the (BHARAT SARKAR) Ccntract Labour (Regulation and Abolition) Act 1970 and the Contract Labour (Regulation and Abo­ MINISTRY OF LABOUR AND REHABILITATION lition) Central Rules·, 1971 is hereby notified: (SHRAM AUR PUNARVAS MANTRALAYA) Abstract of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Re­ (Department of J.. aoour and Employment) gulation and Abolition) Central Rules!, 1971. (Shram AUr Rozgar Vibhag) 1. Extent of the Act: Notification The Act extends to the who-le of India. Dated New Delhi, Pin-ll0001 the 9th January, 1~73 The Act does not take away the rights/benefits Pausa, 1894 SE of any workmen who by terms of any agreement or contract or Standing Orders are enjoying 01' can G. S. R.- In exercise of the powers conferred by obt":in or are enUtled to more favourable and condi­ section 5, read with sub-secmon (1) of section 7 of tionsl of service or from entering into such agree­ the Employees' Provident Funds· and Family Pensicn mentsl etc., entitling them to mOre favourable bene­ Fund Act, 1952 (19 of 1952) the Central Government fits than provided under the Act. hereby makes the following Scheme further t.o amend the Employees' Provident Funds SCheme, 1952 II. To whom the Act applies: namely: - • The Act applies to every establishment in which 1. This Scheme may be called the Employees' Pro­ 20 c,r more workmen are employed or were employed vident Funds (First Amendment) Scheme, 1973. on any day of the preceding 12 months as Contract Labour and to every Contractor who 'employs' or 2. In the Emploveesl Prcvident Funds Scheme, who emplcyed on any day of the preceding 12 1952 after clause (d) of sub-paragrar:h (1) of para­ months, 20 or more workmen. graph 69, the following clause shall be added, namely. The establishments in which intermittent or casual work ,;s' performed do net come within the purview "( dd) On terminaHon of serviee under a vo­ of the Act. However, an cs,tablishment wherein work luntary scheme of retirement framed by the is performed for 120 days or more in the preceding employer and the employees> under a mutual 12 months or more than 60 days in a year on work agreement specifjl'ing inter-alia that notwith­ of a seasonal character will not be deemed as, carry­ standing the pre-vis.ions contained in sub-clause ing out the work of intermittent nature. 2 SERIES I No.1 --------------- .----.----.---. III. De!initidhs: IV. Machinery tor enforcement of the Act/Rules in Central sphere: 0) Appropriate Government means:-­ All Assistant Labour Commissioners (Central) (a) Central Government in relation to- have been appointed as Registering and Licensing (a) Any establishment pertaining to any indUE­ Officers' and all the Reg,ional Labour Cemmissioner try carried on by or under the authority of (Central) as; Appellate Officers. All the Regional the Central Government, Labour Commissioner (Central), Labour Enforce­ (b) any oc.ntrolled industry which may be spe- ment Officer (Central) and Junior Labour Inspectors cified by the Central Government, have been appointed -as Inspectca:s. (c) any Railway, V. Advisory Board: (d) Cantonment Board, (e) Major Port, The appropriate Government shall constitute the (f) Mine, AdviSOry Board to advise the Government on matters connected with the administration of the Act. (g) Oilfield, (h) any establishment of a banking or VI. Registration: (i) insurance company. Every principal employer of an establishment has, (b) In relation to any other establishment the to obtain a ·certificate d regiistration for his, esta­ Government of fhe States in which the e&tablishment blishment, from the Registering Officer of the area is situated. in which his e&tablishment is located, within the prescribed periiod fixed by :the appropriate Govern­ (II) Establishment: Any office or department of ment, on payment of the fees specified for the pur­ the Government or local authority or any place where pose. The certificate cd' registration can be revoked any industry, trade, business, manufacture or occu­ with previous; approval of appropriate Government pation is carried on. if it is found that the certifica:te has been obtained my misa:epresentation or suppression of -any materi-al (III) Principal Employer: a) In relation to any fact or if the registration has become useless or in­ office or department of the Government or local effective. authority, the head of the office or department or local authority or any other officer speCified in this behalf by the Government or local authority. VIr. Ii!ffect of non-registration: b) In the case of a facte,ry the owner or occupier No prinCipal employer of an establishment can em-· of the factory and the manager appointed under the ploy contract labour if his establishment has not Factories Act and in the case of mine the owner or been registered wiiMn the period &pecified by the an agent of the mine and the manager of the mine. appropriate Government or after revokation 'Of his registration. c) In any other establishment the person who is responsible for supervision and control of the VIII. Prohibition of employment of contract labour: establishment. The appropriate Government may after consulta­ (IV) "Contractor" : -- A person who undertakes to tion with the Central Advisory Board or the State produce a given result for the establishment other Advisory Board as the case may be prohibited by than a mere supply or goods or arNcles of manu­ notification in the Official Gazette employment of facture to such establ'ishment through contract contract labour in -any process, operation or other labour or who supplies: contract labour for any work work in any establishment. Before issuing such noti­ of the establishment. A contractor includes a sub­ fication the appropriate Government shall examine -contractor. the conditicns of work and benefits proviided for the contract labour in that establishment and other' (V) "Oentract Labour": - A workman shall be relevant factors. deemed to be employed as 'contract Labour' when he 'is hired for work in an establishment through a contractor with or without the knowledge cf the IX. Licensing of Contractors: principal employer. 1. With effect from such date as notified by the' appropr,jate Government, no contractor to whom this (VI) "Workman": - Any person .employed in or Act applies; £hall undertake or execute any ~Nork in connection with the wcrk of any establis,hment through contract labour except under and in accor­ to do any skilled, semi-skilled or un-skilled manual, dance with a l'icence issued in that behalf by the supervisory, technical or clerical work for hire or Licensing Officer. reward, whether the terms of employment be express 2. Every contractor to whcm the Act applies has or ;implied. to obtain a licence from the Licensing Officer of the A pers'On employed mainly in a managerial or area ;in which the estabEshment is located, within administrative capacity or employed in supervisory the period fixed by the appropriate Government by capaoity and is drawing wages exceeding Rs. 500/' depcsiting 'Rs. 30/- per worker and on payment of the preEcribed fee. The ·certificate of licence inter-aHa per month or exercising functions mainly or a contains. the following information: - managerial nature and an 'Out-worker whc' performs any work on behalf of the principal employer in (1) that l.icence shall be non-transferable. premises which are not under the control and mana­ (2) that the maximum number of workmen -that gement 'Of the principal employer, will not be can be employed as contract labcur in that deemed as; a wcrkman within the purv,iew of the Act. establishment along with other particulars 5TH APRIL, 1973 (OHAITRA 15,18_95.:..)_________________ ,-- ___3 such as rates of wages, payable, hours of Welfare/ i Health Conditions/Scales Time limit work and other services conditions of the amenities workmen. (3) that in an establishment where 20 or more 2. ·'Where males are em­ workmen are ordinarily employed as con­ ployed at least one la­ tract labour the contractor shall provide trine for every 26 ma­ 2 rooms of reasonable dimensions for use les. Where the No. of males or females ex­ as creches and supply toys, games, bed­ ceeds 100 it will be dings, and cots, for the use of their chil­ sufficient if there is -do- dren. one latrine for 25 ma­ les or females as the case may be up to the The llcence is valid for 12 months and on payment first 100 and one for of pres~ribed fees it can be renewed and an applica­ every 50 thereafter. tion for renewal of licence should be made in not First aid First-aJid boxes at the less than thirty days befo:-e the date on which t~e facilities.