Contract Labour Registers & Records – Form XII

Contract Labour Registers & Records – Form XII

REGISTERS AND RECORDS AND COLLECTION OF STATISTICS.

74. Registers of contractors.- Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form XII.
75. Register of persons employed.- Every contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form XIII.
76. Employment card.- (i) Every contractor shall issue an employment card in Form XIV to each worker within three days of the employment of the worker.

(ii) The card shall be maintained up-to-date and any change in the particulars shall be entered therein.

77. Service certificate.- On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated a Service Certificate in Form XV.
78. Muster Roll, Wages Register, Deduction Register and Overtime Register.- 14([(1) (a) Every contractor shall in respect of each work on which he engages contract labour,-

(i) maintain a Muster Roll and a Register of Wages in Form XVI and Form XVII respectively;

Provided that a combined Register of Wage-cum-Muster Roll in Form XVIII shall be maintained by the contractor where the wage period is a fortnight or less;

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13. Subs. by GSR 948, dated 12-7-1978 (w.e.f. 22-7-1978).
14. Subs. by GSR 948, dated 12-7-1978 (w. e. f. 22-7-1978) for sub-rules (1) and (2).

(ii) maintain a Register of Deductions for damage or loss, Register of Fines and Register of Advances in Form XX, Form XXI and Form XXII respectively;

(iii) maintain a Register of Overtime in Form XXIII recording therein the number of hours of, and wages paid for, overtime work if any.

(b) Every contractor shall, where the wage period is one week or more, issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages;

(c) Every contractor shall obtain the signature or thumb impression of the worker concerned against the entries relating to him on the Register of Wages or Muster Roll-cum-Wages Register, as the case may be, and the entries shall be authenticated by the initials of the contractor or his authorised representatives and shall also be duly certified by the authorised representative of the principal employer in the manner provided in Rule 73.

(d) In respect of establishments which are governed by the Payment of Wages Act, 1936 (4 of 1936) and the rules made thereunder, or Minimum Wages Act, 1948 (11 of 1948) or the rules made thereunder, the following registers and records required to be maintained by a contractor as an employer under those Acts and the Rules made thereunder shall be deemed to be registers and records to be maintained by the contractor under these rules, namely:-

(a)     Muster Roll;

(b)      Register of Wages ;

(c)      Register of Deductions ;

(d)      Register of Overtime;

(e)      Register of Fines ;

(f)        Register of Advances ;

(g)      Wage slip.]

(3) Notwithstanding anything contained in these rules, where a combined or alternative form is sought to be used by the contractor to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder or any other laws or regulations or in cases where mechanised payrolls are introduced for better administration, alternative suitable form or forms in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the Chief Labour Commissioner (Central).

79. Every contractor shall display an abstract of the Act and rules in English and Hindi and in the language spoken by the majority of workers in such form as may be approved by the Chief Labour Commissioner (Central).
80. (1) All registers and other records required to be maintained under the Act and rules, shall be maintained complete and up-to-date, and, unless otherwise provided for, shall be kept at an office or the nearest convenient building with, the precincts of the workplace or at a place within a radius of three kilometres.

(2) Such registers shall be maintained legibly in English or Hindi.

(3) All the registers and other records shall be preserved in original for a period of three calendar years from the date of last entry therein.

(4) All the registers, records and notices maintained under the Act or rules shall be produced on demand before the Inspector or any other authority under the Act or any person authorised in that behalf by the Central Government.

(5) Where no deduction or fine has been imposed or no overtime has been worked during any wage period, a ‘nil’ entry shall be made across the body of the register at the end of the wage period indicating also in precise terms the wage period to which the ‘nil’ entry relates, in the respective registers maintained in Forms XX, XXI and XXII respectively.

81. (I) (i) Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of the Inspectors having jurisdiction, and date of payment of unpaid wages. shall be displayed in English and in Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal employer or the contractor, as the case may be.

(ii) The notices shall be correctly maintained in clean and legible condition.

(2) A copy of the notice shall be sent to the Inspector and whenever any changes occur the same shall be communicated to him forthwith.

15[(3) Every principal employer shall, within fifteen days of the commencement or completion of each contract work under each contractor, submit a return to the Inspector, appointed under Section 28 of the Act, intimating the actual dates of the commencement or, as the case may be, completion of such contract work, in Form VI-B.]

82. Returns.- (1) Every contractor shall send half yearly return in Form XXIV (in duplicate) so as to reach the Licensing Officer concerned not later than 30 days from the close of the half year.

Note.-Half year for the purpose of this rule means “a period of 6 months commencing from 1st January and 1st July of every year”.

(2) Every principal employer of a registered establishment shall send annually a return in Form XXV (in duplicate) so as to reach the Registering Officer concerned not later than the 15th February following the end of the year to which it relates.

83. (1) The Board, Committee, Chief Labour Commissioner (Central) or the Inspector or any other authority under the Act shall have the powers to call for any information or statistics in relation to contract labour from any contractor or principal employer at any time by an order in writing.

(2) Any person called upon to furnish the information under sub-rule (1) shall be legally bound to do so.