Substitution of section 10

In the principal Act, for section 10 the following section shall be substituted, namely:-

10.

1. (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.