Section 25 in The Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971
25. Form and terms and conditions of Licence:
- Every licence granted under sub-section (1) of Section 12 shall be in Form VI and shall be subject to the following conditions, namely:-(i)the licence shall be non-transferable;(ii)the number of workmen employed as contract labour in the establishment shall not on any day, exceed the maximum number specified in the licence;(iii)save as provided in these rules, the fees paid for the grant, or as the case may be for renewal of the licence shall be non-refundable;(iv)the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948 (11 of 1948) for such employment where applicable and where the rates have been fixed by agreement, settlement or award not less than the rates so fixed;(v)(a)in case where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work :Provided that in the case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner ofLabour, Andhra Pradesh, whose decision shall be final.(b)in other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified [in this behalf by the Commissioner of Labour, Andhra Pradesh, Hyderabad] [See, State Notification X. ].Explanation:- While determining the wage rates, holidays, hours of work and other conditions of service under sub-clause (b) of clause (v) above, the Commissioner of Labour, Andhra Pradesh, Hyderabad, shall have due regard to the wage rates, holidays, hours of work and other conditions of service obtaining in similar employments.(vi)(a)in every establishment where twenty or more women are ordinarily employed as contract labour, there shall be provided two rooms of reasonable dimensions for the use of their children under the age of six years.(b)one of such rooms shall be used as a playroom for the children and the other as bedroom for the children.(c)the contractor shall supply adequate number of toys and games in the playroom and sufficient number of cots and beddings in the sleeping room.(d)the standard of construction and maintenance of the creches shall be such as may be specified in this behalf by the Commissioner of Labour, Andhra Pradesh, Hyderabad.(vii)the licensee shall notify any change in the number of workmen or the conditions of work to the Licensing Officer;(viii)[ no female contract labour shall be employed by the contractor before 6.00 A.M. or after 7.00 P.M. [Clause(viii) has been added twice. Once by G.O.Ms.No. 42, dated 25-1-1980 and then the subsequent by G.O.Ms.No. 426 LEN & TE (Lab-II), dated 23-6-1981. Apparently it seems that the subsequent clause should be clause (ix).]Provided that such female contract labour may be appointed in any factory upto 10 P.M., if Government approves, the variation in working hours under Section 66 of the Factories Act, (1948).] [Head of account once substituted by G.O.Ms.No. 2 E & SW (T), dated 1-1-1975, w.e.f. 1-4-1974, was again substituted by G.O.Ms.No. 958 L.E.N. & T.E. (Lab-11), dated 18-11-1981. However this head of account seems, to be incomplete in light of the new edition of A.P. Budget Manual and also the draft proposed for this amendment. As per the new Budget Manual, further to the Major Head of Account the following relevant Minor and sub-head are required:](ix)[ the licensee shall, within fifteen days of the commencement and completion of each contract work, submit a return to the inspector, appointed under Section 28 of the Act, intimating the actual date of the commencement or, as the case may be, completion of such contract work, in Form VI-A.] [Clause (ix) added by G.O.Ms.No. 150 (Lab-11), dated 26-6-1985. ]A copy of the licence shall be displayed prominently at the premises where the contract work is being carried on.
