APPOINTMENT OF LICENSING OFFICER AND LICENSING OF CONTRACTORS :
Apart from registration of establishments employing contract labour, the Act contains provisions for licensing of contractors. Section 11 empowers the appropriate Government to appoint Gazetted Officers to be licensing officers and define the limits of their jurisdiction. Orders regarding appointment of licensing officers and the limits of their jurisdiction are to be notified in the Official Gazette.
Licensing of contractors
Under Section 12 of the Act, no contractor to whom the Act applies can undertake or execute any work though contract labour except under and in accordance with the license issued in that behalf by the licensing officer. The license may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as the appropriate Government may deem fit to impose in accordance with the rules framed under the Act.
The license shall be issued on the payment of prescribed fee and on the deposit of security, if any, for the due performance of the conditions prescribed in the license. The licensee fee ranges from Rs. 5 to Rs. 125 depending on the number of workmen employed by the contractor. The license is not-transferable.
Grant of license
An application for the grant of license has to be made in the prescribed form. It should contain particulars regarding the location of establishment, nature of process, operation or work for which contract labour is to be employed and such other particulars as may be prescribed. The license is issued after necessary investigation by the licensing officer. It is valid for the period specified therein (12 months under the Central Rules) and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed. (Section 13)
Revocation, suspension and amendment of license
If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that(a)the license has been obtained by misrepresentation or suppression of any material fact or that (b) the holder of license has, without reasonable cause, failed to comply with the conditions subject to which the license has granted or has contravened of any of the provisions of the Act or the rules made thereunder, the licensing officer may revoke or suspend the license. He has also the powers to forfeit the sum, if any, or any portion thereof deposited as security for the due performance of the conditions subject to which the license was granted. (Section 14)
However, before revoking or suspending the license or ordering forfeiture of the security deposit by the contractor, the licensing officer has to give the holder of the license an opportunity of showing cause. The Licensing Officer may vary or amend a license subject to the rules that be made in this behalf.
Appeals
The Act makes provision for appeals against orders relating to grant of registration to establishments, revocation of registration and revocation/suspension of licences. The aggrieved person may within 30 days from the date on which the order is communicated to him prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate government. The appellant officer may entertain an appeal even after the expiry of 30 days, if he is satisfied that there was sufficient cause for the delay. The appellant officer shall after giving the appellant an opportunity of being heard dispose of the appeal as expeditiously as possible. (Section 15)