Section 38 in General Rules and Directions for the Guidance of Contractors
38. - Fair wage clause - The contractor shall pay not less than fair wage to labourers engaged by him on the work.
Explanation. - "Fair Wages" means minimum wages for time or place work Fixed or revised by the State Government under the Minimum Wages Act, 1948.(b)The contractor shall not withstanding the provisions of any contract to the contrary, cause to be paid fair wages to labourers indirectly engaged on the work, including any labour engaged by his sub-contractors in connection with the said work as if the labourers had been immediately or directly employed by him.(c)In respect of all labourers immediately or directly employed on the work for the purpose of the contractor's part of this agreement, the contractor shall comply with or cause to be complied with. The public works Department contract Labour Regulations' made or that may be made by the Government from time to time in regard to payment of wages, wage period deductions from wages, recovery of wages not paid and unauthorised deductions maintenance of wages register, wage card publication of scale or wages and other terms of employment, inspection & periodical returns in all other matters of a like nature.(d)The Engineer-in-Charge shall have the right to deduct from the money due to the contractor, any sum required or estimated to be required for making good the loss suffered by a worker by reasons of non-fulfillment of the conditions of the contract for the benefit of the worker or workers non-payment of wages or of deductions made therefrom which are not justified by the terms of the contract or as a result of non observance of the aforesaid regulations.(e)Vis-a-Vis the Government of Rajasthan the contractor shall be primarily liable for all payments to be made and for the observance of the regulations aforesaid without prejudice to his right to claim indemnity from sub-contractors.(f)The regulations aforesaid shall be deemed to be part of this contract and any breach thereof shall be deemed to be breach of the contract.
