Can a principle employer issue more than one Form V if the contractor awarded work in the same Company but other plant or department ?
Can One contractor have more than labour licence in the same city or same company ?
From India, undefined
Can One contractor have more than labour licence in the same city or same company ?
From India, undefined
First look at provision about form V in act as written below:
"Every application for the grant of a licence shall be accompanied by
a certificate by the principal employer in Form V to the effect that
the applicant has been employed by him as a contractor in relation
to his establishment and that he undertakes to be bound by all the
provisions of the Act and the rules made thereunder in so far as the
provisions are applicable to him as principal employer in respect of
the employment of contract labour by the applicant."
As per my understanding ,interpretation of above enlighten us that not requirement of more than one V form for one contractor in same establishment but nature of contract work must written in form .
From India, undefined
95"Every application for the grant of a licence shall be accompanied by
a certificate by the principal employer in Form V to the effect that
the applicant has been employed by him as a contractor in relation
to his establishment and that he undertakes to be bound by all the
provisions of the Act and the rules made thereunder in so far as the
provisions are applicable to him as principal employer in respect of
the employment of contract labour by the applicant."
As per my understanding ,interpretation of above enlighten us that not requirement of more than one V form for one contractor in same establishment but nature of contract work must written in form .
From India, undefined
Sorry; I beg to differ from the interpretation of our friend Mr R.K.Singh. The licence granted under the CLRA ACT,1970 is basically work-specific. As such, a contractor is required to obtain separate licence for every contract he enters into with the Principal Employer. Every such application for licence has to be accompanied with a Form-V issued by the PE. Therefore, it automatically follows that the same contractor may have different contract works from the same PE and thus require different licences for such different contract works. Since the Form-V issued by the PE is not only a certificate of engagement of a particular contractor by name but also an undertaking to abide by the vicarious liability enjoined upon himself under the Act in respect of that contract work, I am of the view that when more than one contract work is awarded to the same contractor, he has to issue separate Form-V for each of the contract work that requires licence under the Act.
From India, Salem
From India, Salem
It is true and correct that each contract work is work-specific and place-specific. Normally the Certificate of Registration for the engagement of Contractors is issued to the Principal Employer and based on that if any Contractor engages 20 or more contract workmen, PE gives Form V to enable the Contractor to apply for Licence. The Contractor may be given different contract works - Packing, Loading & Unloading and House keeping etc., in which case he may be issued with one Form V to get Licence for the total number of persons to be engaged by him in different jobs. Though the nature of work and the maximum number of persons to be engaged are specified (Contractor wise) in the Regn Certificate and Licence, there is no such thing mentioned in Form V and the same is being issued by the PE only as an undertaking to abide by the provisions of the CLRA Act and the Rules. Thanks and Regards.
N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402 ; E-mail :
)
From India, Bangalore
N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402 ; E-mail :
From India, Bangalore
If contract work locations are different, separate Form V has to be issued for each location. The license bears address of location of principle employer where contractor is required to work for.
Mr. Singh this is legal forum; here knowledge is important, not the understanding. Please don't take this amiss.
From India, Mumbai
Mr. Singh this is legal forum; here knowledge is important, not the understanding. Please don't take this amiss.
From India, Mumbai
Dear Mr Shrikant .... well taken your point , Form V is required separately for locationwise ... question arise here for same location for one contractor involved in different contract work ...practically v are giving one Form V for one contractor at one location as said by MR Natraj. Interpretation of law could be differ ....
From India, undefined
From India, undefined
Dear Friends,
It may not be out of context to mention that interpretation of a particular Rule or provision of any section in a law would be an inevitable exercise only when more than one way or possibility of giving effect to that particular provision is present. I am not able to think or accept that interpretative brooding accentuated by practical/personal inconveniences is possible in respect of the compliance of the procedures set down by a rule. If a section of a Law or a rule made thereunder prescribes that a particular thing to be done in a particular way, no deviation or departure from such dictum is permissible. Regarding the procedure for application for a licence, rule 21(2) of the Contract Labor ( Regulation & Abolition ) Central Rules,1971 lays down that every application for the grant of a licence shall be accompanied by a certificate by the principal employer in Form V. In my opinion it means that every licence granted is a distinct one from the rest of the licences,if any granted to the same contractor in respect of any other works under the same principal employer. So the question of any difficulty due to redundancy of the issue of form V does not arise.
From India, Salem
It may not be out of context to mention that interpretation of a particular Rule or provision of any section in a law would be an inevitable exercise only when more than one way or possibility of giving effect to that particular provision is present. I am not able to think or accept that interpretative brooding accentuated by practical/personal inconveniences is possible in respect of the compliance of the procedures set down by a rule. If a section of a Law or a rule made thereunder prescribes that a particular thing to be done in a particular way, no deviation or departure from such dictum is permissible. Regarding the procedure for application for a licence, rule 21(2) of the Contract Labor ( Regulation & Abolition ) Central Rules,1971 lays down that every application for the grant of a licence shall be accompanied by a certificate by the principal employer in Form V. In my opinion it means that every licence granted is a distinct one from the rest of the licences,if any granted to the same contractor in respect of any other works under the same principal employer. So the question of any difficulty due to redundancy of the issue of form V does not arise.
From India, Salem
Dear Umakanthan ji,
You are absolutely right , today i have also confirmed from my one of my friend who is labour commissioner in central govt stated that number of Form III (earlier Form V) depend upon number of work order given by organisation.
From India, undefined
You are absolutely right , today i have also confirmed from my one of my friend who is labour commissioner in central govt stated that number of Form III (earlier Form V) depend upon number of work order given by organisation.
From India, undefined
Hi Team, I would request you to give me Form-V-A covering letter format. If you have any particular format pls do forward to me. my mail id sedhu.sesha@gmail.com
From India, Chennai
From India, Chennai
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