The Contract Labour (Regulation and Abolition) (Andhra Pradesh Amendment) Act, 2003

Transcription

1 The Contract Labour (Regulation and Abolition) (Andhra Pradesh Amendment) Act, 2003 Act 10 of 2003 Keyword(s): Central Act Amendment DSCLAMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. n some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

2 ANDERA PRGDESH ACTS, ORDNANCES AND REGULATONS Etc The following ~ cof t the 'Andhl-a ~radesh Legislative Assembly which was reserved,' by the Governor on the - -11th April, 2003 ' for the consideration and assent of the President received the assent of the President on the 1xt 3un@i.-, 2003 and the said assent is hereby - first published on the '19th June in the Andhra Pradesh Gazette - for general, information: A& -~=~O-OF AHAm TO.- THE M)mwicq! LABOUR ( m m AHD. AEOLZTXOH~ ACT, 1970 m. TS APPLCATZ~~ rn TE ST- OF Am- PUDESH,

3 Be it enacted by the Legislative Assembly of the State af Andhra Pradesh in the.fifty-fourth year of the Republic of ndia as follows:-. %om S;i;~le;. 1. (1) This Act may be called the dent - ' ContractLabour (Regulasionand Abolition) d (Andhra Pradesh Amendment) Act, , =-S -. (2) it. extends to the whoie of the' State of Andhra Pradesh. (3) t shall come into force on such date. as the State, Government may, by notification - in the Andhra Pradesh Gazette, appoint. * 2. -1~n' the Contract Labour t ~egulaof aa~ tion and ~olitionl,act, 1970 (herein akm.:2.,of. -after referred to as the principal kct) &h-al. as in force in the State of Andhra Bct '!. 37 Pradesh, in section-2 in sub-section (1).of. 1?P.=...- after.clause,( d), the : following clause shall be inserted, namely:-,.. "(dd) "Core Activity of an establishment" means any activity for which the establishment 'is set up and includes any activity'which is essential or necessary to. the core ' activity, but does not include.-,. - ( 1),Sanitation ;.wdr?ie', ; including sweeping, Cleaning,?ukXing-i:-an.d Col1.e~tion and disposal of ;all kims of, wafigei-.- (2), Watch and. ward services including security service.

4 (3) Canteen and Catering services.. (4) Loading and ~n-loaiing Operations. (5) Running of Bospitals, Educa- tional L Training nstitucion~~ Guest Housesr Clubs and khe like where 'i.hey. are in the nature cf support s~:cviccs of an Establis'meat (6) Courier Ser~ices rshich are in nature of support se,~~fces of an Es&- L, - blishnient, 7 Ci~il ahd other :canctructional works, including maintenance. ' i 18) Gardening.and maintenan& of 1 awns ete. ( 9 ), ~ouse keeping. - and laandry services etc-r wherz.th&y are in natum support se~~icee of an,ks&bwism.ent. ( 10 ) Transport sczuices including.,ambulance Services;,.. (11) Any activity of intermittent- ' ' in nature even if' Chat Constitntcs A - : core-activity 'of an Ectablisbent: and i (12) Any 0th-.activity whdcf~ is incidan~al- to the core a,ifvityf Provided that the,above activities by themselves are not the "Core lcti- 1 vities" of s,uch epkabliahment

5 -$Lon " ~f sec- 3, n the principal- Act,.Chapter 11,: - tiog.3 go relating to the Advisory Boards dealing, with sections 3 to 5 shell be. omitted ,.- sumsdt&-n 4. ~n the principai Act, for of ser section -10 the following section shali tion 10 be substikuted, namely:- /' ( 1 ) Notwithsanding anyof employ- thing contained in this / ment of Act, employment of Contact 4 Contract Labour in Core Activities Labour. of any esablishrnent is pro-1 hib.llted: - provided that the ~iinci~al employer1 may engage contiact Labour or a ~ontrac-1 tor to any core activity, if. la) the1 normil functioning of the establishments is such that the activity is ordinarily \done through Contractors,, or (b1.l the1 activities are such that they do not require full the workers for the' major portion of the working, hours in a day or. for - longer periods as the case may: be ' ( c),any j. sudden increase bf volume of work in the core-actiyity which needs to be accomplished in 'a specified time; wmi9=u ( 2 1 (a)f The 'Appropriate Government' by notification in the official may gaze L te appoint a designated authority to advise them on the question whether

6 any activity of a given establishment is a core activity j'6f. + otherwise; (b] f a question arises as to whether any activity of an establishment 16 a core-actlvlty or otherwise the aggrieves party may make an application in.such a form and manner as may be prescribed, to the appropriate Government for decision; ( c 1 The appropriate ~overnment may refer any question by itself or such application made to th'e? byany aggrieved party a6 prescribed in clause (b), as the case may be, to the designated authority,. which on the basis of relevant.materia1 in its possession, or after making such an enquiry as deemed fit shall- forward the report,. f o. the appropriate Government, J within. ; a prescribed periad ' and thereafter - the appropriate Govexnment shall decide the question within the prescribed period.... -, 5, f n the principal ' ' Act,. for -5ubtitu~on section 31 the following section shall of secbe substituted, namely: - -.eq.3&. 31 ( 1 ( he appropr iake Government may,- in public interegt, direct, by notif ica- to -ern+ tion in the, 'Official ~azette, subject - to such - conditions and restric- ~~~s~ tiona, if any., an-d for, such period or periods, aa may be specified in the. - notification, all or.. any of' the. that in SW-

7 provisions of this A ct or the rules made thereunder shall not. apply to any establishment,. or class of estabalishment or any class of. contractors, as the case may be a - (2) Where the operation of any of the provisions of this Act, under section 31 (1) has been excluded, such exclusion may at any time be revoked by the appropriate Government by -subsequent notification in the Official Gazette..,.. - ~bd=t' 1 6,. n the p=incipal Act, in section 35 lof Set-! in sub-section( 2 clauses ' (a j. and b l,tion 35,. "hall be.omitted.....,....- R.G. S-, Secretary to Government,, LegislativeAffairs & Justice (FAC),. - Law Department.

8 STATEMENT OF OWECTS AND REASONS The contract Lobour (Regulation and Abolition) Acr, 1970 applics to every csabl[shment in which twenty or more workers are employcd on any day of (he preceding 2 months as Contract Labour. n thc cslablishment, the core aclivilics can bc conlin~ed by engaging permanent workmcn. To rzduce he cost of an es!ablistiment it has bcen dccidcd to cxcludc cenain services such a watch and ward, saniradon and othcr clcaning works, can cameen works, ar;d ca~ering scrvicc, civil artd uihcr construc~ion work and loading and unloading from lhc core activity of an csrablishment. 1 has also been decided to omit Chapter-11, dcaling with hc Central and St~tc Advisory Boards and [he Committees. Lt is aiso proposed to cmpower he State Government to prohibit employment of Contract labour in core ac[ivities and, also empower the State Government to cxcmpt certain establishrncnt or clas of conbacts not only in the emergencies but also undcr ccrlain circurnslances subject lo cerlain conditions and restrictions prescribed from any of the provisions of he Act. This Bill seeks to give effccr ro hc above decisions. P. BABU MOHAN, hiinisferfor Labour and Factories.