Contract Labour (Regulasion and Abolition) (Andhra Pradesh Amendment) Act
The Contract Labour (Regulation and Abolition) (Andhra Pradesh Amendment) Act, 2003
1. Short title, extent and commencement
- (1) This Act may be called the Contract Labour (Regulasion and Abolition) (Andhra Pradesh Amendment) Act, 2003.
- (2) it. extends to the whoie of the State of Andhra Pradesh.
- (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.
2. Definitions
In the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the principal act) as in force in the State of Andhra Pradesh, in section-2 in sub-section
- (1) 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 works, including sweeping, Cleaning, dusting and Collection and disposal of all kinds of waste.
- (2) Watch and ward services including security service.
- (3) Canteen and Catering services.
- (4) Loading and un-loading Operations.
- (5) Running of Hospitals, Educational & Training Institution, Guest Houses, Clubs and the like where they are in the nature of support services of an Establishment.
- (6) Courier Services which are in nature of support services of an Establishment.
- (7) Civil and other constructional works, including maintenance.
- (8) Gardening and maintenance of lawns etc.
- (9) House keeping and laundry services etc., where they are in nature support services of an Establishment.
- (10) Transport services including Ambulance Services.
- (11) Any activity of intermittent in nature even if that Constitutes A core activity of an Establishment: and
- (12) Any other activity which is incidental to the core activity:-
3. Provided that the above activities by themselves are not the "Core Activities" of such establishment.
Amendment of section 3 In the principal Act, Chapter II, relating to the Advisory Boards dealing with sections 3 to 5 shall be omitted.
4. Substitution of section 10
In the principal Act, for section 10 the following section shall be substituted, namely:-
10.
- (1) Notwithstanding anything contained in this Act, employment of Contract Labour in Core Activities of any establishment is prohibited: Provided that the principal employer may engage contract Labour or a contractor to any core activity, if
- (a) the normal functioning of the establishments is such that the activity is ordinarily done through Contractors, or
- (b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods as the case may be
- (c) any sudden increase of volume of work in the core-activity which needs to be accomplished in a specified time; (2)
- (a) The Appropriate Government may by notification in the official gazette appoint a designated authority to advise them on the question whether any activity of a given establishment is a core activity or otherwise;
- (b) If a question arises as to whether any activity of an establishment is a core-activity or otherwise the aggrieved party may make an application in such a form and manner as may be prescribed, to the appropriate Government for decision;
- (c) The appropriate Government may refer any question by itself or such application made to them by any aggrieved party as prescribed in clause (b), as the case may be, to the designated authority, which on the basis of relevant material in its possession, or after making such an enquiry as deemed fit shall forward the report to the appropriate Government, within a prescribed period and thereafter the appropriate Government shall decide the question within the prescribed period.
5. Substitution of section 31
In the principal Act, for section 31 the following section shall be substituted, namely: -
31 ( 1 ) The appropriate Government may, in public interest direct, by notification in the Official Gazette, that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, all or any of the provisions of this Act or the rules made thereunder shall not apply to any establishment, or class of establishment or any class of contractors, as the case may be.
- (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.
6. Amendment of section 35
In the principal Act, in section 35 in sub-section
- (2) clauses
- (a) and
- (b) shall be omitted.
PDF: pending for this language.