1. Definitions in these
regulations, unless otherwise expressed or indicated the following words and
expression shall have the meaning hereby assigned to them.
"Labour" means workers employed by the Contractor directly or
indirectly through a sub-contractor, or by an agent on his behalf on a payment
not exceeding Rs. 500/- per month.
Fair wage means Wage which shall include wage for weekly day of rest and
other allowances whether for time or piece work, as fixed by Central Public
Works Department as fair wages of Kerala State, Ernakulam District Payable to
deferent categories of labours but shall not be less than the minimum rte of
wages fixed under the minimum wages act.
'Contractor" for the purpose of those regulations shall include an
agent or sub-contractor employing labour on the works taken on contract
Inspecting Officer means any labour Enforcement Officer or Assistant
Labour Commissioner of the Chief Labour Commissioners organization.
"Form" means a form appended to these Regulations.
2. Notice of
Contractor shall within SEVEN days of commencement of the work furnish in
writing to the inspecting Officer of the area concerned the following
Name of the situation of work.
b) Contractors name and
c) Particulars of the
Department for which the work is undertaken.
d) Name and address of
sub-contractors as and when they appointed.
e) Commencement and
probable duration of the work.
f) Number of
workers employed and likely to be employed.
g) 'Fair Wages" for
different categories of workers.
Number of hours of work which shall constitute of normal working day: The
number of hours which shall constitute a normal working day for an adult shall
be nine hours The working day of an adult worker shall be so arranged that
inclusive of intervals, if any, day when an adult worker is made to work for
more than nine hours on any day for more than FOURTY EIGHT hours in any week he
shall in respect of overtime work, be paid wages at double the ordinary rate of
day of rest: Every worker shall be given a weekly day of rest which shall be
fixed and notified at least Ten days in advance. A worker shall not be required
or allowed to work on the weekly
rest days unless he has or will have a substitute rest day, on one of the rest
five day immediately before or after the rest day, provided that no substitution
shall be made which will result in the worker working for more than ten days
consecutively without a rest day for whole day.
in accordance with the foregoing provision a worker works on the rest day and
has been given a substituted rest day he shall be paid wages for the work done
of the weekly rest at the overtime rate of wages.
4. Display pf notice
regarding wages, Weekly day of Rest etc.: The contractor shall be before he
commence his work on contract display and correctly maintain and continue to
display and correctly maintain in a clean and legible condition in conspicuous
place on the works, notice in English and in the local Indian language, spoken
by majority of workers, giving the rate of fair wages the hours of work for
which such wages are payable, the weekly rest days workers are entitled to and
name and address of the Inspecting Officer. The Contractor shall send a copy of
each of such notices to the Inspecting Officer.
Fixation of wage periods
contractor shall fix wage periods in respect of which wages shall be payable. No
wage period shall normally exceed one week.
Payment of wages
Wages due to every worker shall paid to him direct. All wages shall be
paid in current coins or currency or in both
Wages of every worker employed on the contract shall be paid, where the
wage period is one week, within THREE DAYS from the end of the Wage period; and
in any other case before the expiry of the 7th day or 10th day from the end of
wage period according as the number of workers does not exceed 1,000 or exceeds
When employment of any worker is terminated by or behalf of the
Contractor, the wages earned by him shall be paid before expiry of the day
succeeding the one on which his employment is terminated.
Payment of wages shall be made at the work site on a working day except
when the work is completed before expiry of the wage period, in which case final
payment shall be made at the work site within 48 hours of the last working day
and during normal working time.
Note: The term "Working Day" means a day on
which the work on which labour is employed, is in progress.
7 Register of
register workmen, shall be maintained in Form 1 and kept at the work site or as
near to it as possible le, and the relevant particulars THREE days of his
Contractor shall issue an employment card in form II to each worker on the day
of work or entry in to his employment. If a worker has already any such card
within him issued by the previous employer, the contractor shall merely endorsed
by the contractor and returned to the worker.
Registration of wages etc
A register of wages-cum-Muster Roll in Form III shall be maintained and
kept at the work site or as near to it as possible.
A wage slip in form IV shall be issued to every worker employed by the
contractor at least a day prior to disbursement of wages.
Fines and Deductions, which may be made from wages.
Wages of a worker shall be paid to him without deductions of any kind
except the following.
Deductions for absence from duty, ie, from the place where by the term of
the employment he is required to work. The amount or deduction shall be in
proportion to the period foe which he was absent.
Deduction for damage to or loss of goods expressly entrusted to the
employed person for custody, or for loss money which he is required to account
for, where such damage or loses is directly attributable to his neglect or
Deductions for recovery of advance or adjustment of over payment of wage
advance granted shall be entered in a register and
Any other deduction, which the government may from time to time allow.
No fine shall be imposed on any worker save in respect of such acts and
omissions on his part as have been approved by the Chief Labour Commissioner.
No fine shall be imposed on a worker and no deductions for damage or loss
shall be made from his wages until the worker has been given an opportunity of
showing cause against such fines or deductions.
The total amount of fines which may be imposed in any one wage period on
a worker shall not exceed an amount equal to three paise in a rupee of the wages
payable to him in respect of that wage period.
No fine imposed on a worker shall be recovered from him in installment or
after expiry of sixty days from the date on which it was imposed on the day of
the Act or omission in respect of which it was imposed.
The contractor shall maintain both in English and the local Indian
language a list, approved by the Chief Labour Commissioner clearly stating the
acts and omissions for which penalty or fine my be imposed on a workmen and
display it in good condition in a conspicuous place on the work site.
11. Preservation of registers: The
register of Workman and the Register of Wages-Cum-Muster Roll required to be
maintained under these regulations shall be preserved for 3 years after the date
on which the last entry is made therein.
12 Enforcement: The Inspecting
Officer shall either on his own motion or on a complaint received by him carry
out investigations and send a report to the Engineer in charge specifying the
amount representing workers dues and amounts of penalty to be imposed on the
contractor for breach of these Regulations that have to be recovered from the
contractor indicating full details or the recoveries proposed and the reasons
therefore. t shall be obligatory on the part of the Engineer in charge on
receipt of such report to deduct such amounts from payments due to the
13. Disposal of amounts recovered
from the contractor: the Engineer in charge shall arrange payments to workers
concerned within FORTY FIVE days from receipt of a report from the inspecting
Officer excepting cases where the contractor had made an appeal under regulation
15 of these Regulations in case where there is an appeal payment of workers does
would be arranged by the engineering-charge, wherever such payment arise, within
THIRTY days from the date of receipt of the decision of the regional Labour
14. Welfare fund: All moneys that are
recovered by the engineer-in-charge by way of workers’ dues which could not be
disbursed to workers within the time - limit prescribed above, due to reasons
such as ware bouts of workers no being known, death of a worker, etc. and also
amount recovered as penalty, shall be credited to a fund to be kept under the
custody of the R.L.C for such benefit and welfare of workman employed by the
contractors as are prescribed by the chief labour commissioner.
15. Appeal against decision of
inspecting Officer: Any person agreed by a decision of the Inspecting officer
may appeal against such decision of the regional labour commissioner concerned
with in THIRTY days from the date of the decision, forwarding simultaneously a
copy of this appeal to the engineer-in-charge. The derision of the regional
Labour Commissioner shall be final and building upon the contractor and the
Representation of Parties
A workman shall be entitled to be represented in any investigation on
enquiry under this regulations by an officer of a registered trade union of
which he is a member or by an officer of a federation of traced union to which
this said trade union is affiliated or where the workman is not a member of a
registered trade union, by an OFFICER of registered trade union, connected with
or by any other workman employed in the industry in which the worker is
A contractor shall be entitled to be represented in any investigation or
enquiry under these Regulation by an officer of an association of contractors of
which he is a member or by an Officer of a Federation of associations of
contractors to which the said association is affiliated or where the contractor
is not a member of any association of contractors, by an officer of association
of employers, connected with or by any other employer engaged in, the industry
in which the contractor is engaged.
No party shall be entitled to be represented by a legal particular in any
investigation or enquiry under these Regulations.
Inspection of Books and other Documents
The Contractor shall allow inspection of the Registers and other
documents prescribed under these Regulations by Inspecting Officer and the
Engineer-in-charge or his authorised representative at any time and by the
worker or his agent on receipt of due notice at a convenient time.
On any question as to the application, interpretation of effect of those regulations, the decision the Chief Labour Commissioner or Deputy Chief Labor Commissioner (Central) shall be final and binding.
Government may from time to time add to or amend these
Regulations and issue such directions, as it may consider necessary for the
proper implementation of these Regulations or for the purpose of removing any
difficulty, which may arise in the administration thereof.