Law and Legislative Department, Haryana notifies the Contract Labour (Regulation and Abolition) Haryana Amendment Act, 2016

Law and Legislative Department, Haryana notifies the Contract Labour (Regulation and Abolition) Haryana Amendment Act, 2016

October 30, 2017 Labour 0

The Law and Legislative Department, Haryana (“Department”) has notified the Contract Labour (Regulation and Abolition) Haryana Amendment Act, 2016 (“Amendment Act”). The Amendment Act is effective from 17th October 2017.

The key highlights of the Amendment Act are as follows:

Existing ProvisionsChanges post amendmentImplications
Section 1(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 employs or who employed on any day of the preceding twelve months twenty or more workmen:

 

Provide 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.

Section 1(4)

 

It applies-

 

(a) to every establishment in whichtwenty fifty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour;

 

(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty fiftyor more workmen:

 

Provide 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.

The number of workmen hired in preceding 12 months to determine applicability of the Act has been increased from 20 to 50 for both principal employer and contractor.
Section 7(1)

 

(1) Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate government may, by notification in the Official Gazette, fix in this behalf with respect to establishment generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for registration of the establishment:

 

Provided that the registering officer may entertain any such application for registration after expiry of the period fixed in this behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time.

Section 7(1)

 

(1) Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate government may, by notification in the Official Gazette, fix in this behalf with respect to establishment generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for registration of the establishment:

 

Provided that the registering officer may entertain any such application for registration after expiry of the period fixed in this behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time:

 

Provided further that the appropriate Government may by notification in the official Gazette, impose such further conditions, as may be deemed necessary, at the time of registration of an establishment or class of establishments for the proper administration of the Act and for prevention of misuse of employment of contract labour.

 

By virtue of the Amendment Act, a proviso has been added to this section whereby the appropriate government has been empowered to impose additional conditions during the registration of the establishment to ensure proper administration of the Act and prevent the misuse of employment of contract labour.

Please refer to the hyperlink below for a detailed read.

 

SourceLaw and Legislative Department, Haryana

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