Contract Labour (Regulation and Abolition) Act,1970

Act No : 37

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Section : Short title, extent, commencement and application.

1. Short title, extent, commencement and application.- (1) This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date 1* as the Central Government 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 any day of the preceding twelve months as contract labour; (b) to every contractor who employes 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' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification. (5) (a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed. (b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall --------------------------------------------------------------------- 1. 10th February, 1971; vide Notification No. G.S.R. 190 dated 1-2- 1971, Gazette of India, 1971, Pt. II, Sec. 3(i), p.173. 502 decide that question after consultation with the Central Board or, as the case may be, a State Board, and its decision shall be final. Explanation.--For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature-- (i) if it was performed for more than one hundred and twenty days in the preceding twelve months, or (ii) if it is of a seasonal character and is performed for more than sixty days in a year.

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advchennai wrote on 21 May 2009

Act does not violate Arts. 14 and 15. Gammon India Ltd. v. Union of India, (1974) 1 SCC 596,603: 1974 SCC (L & S) 252.

advchennai wrote on 21 May 2009

Validity.- Object and purpose of the Act-Application of the Act to pending construction works does not amount to unreasonable restriction on the right under Act 19(1) (g).The whole statute is constitutional and valid. Gammon India Ltd. v. Union of India, 1974 SCC (L & S) 252. S.1- Applicability- Where the dispute relates to service conditions of the workmen engaged in the factory canteen maintained by the company and there is no question of abolition of contract labour, the dispute can be referred to the industrial Tribunal for adjudication Indian Explosives Ltd. v. State of u. P., (1981) 1 LLJ 423 (All H.C.)

advchennai wrote on 21 May 2009

The Act carne into force on l0th February, 1971, vide Noti No. G. S. R. 190, dated Ist February, 1971, and published in Gazette of India, Extra., Part II, Section 3(i),dated February 10, 1971, p.173.

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