Registration of Establishments
Principal employer employing 20 or more workers are employed or were employed on any day of the preceding twelve months as contract labour are required to obtain a certificate of registration from the appropriate Government.
However, registration of establishments are not required to the establishments in which work only of an intermittent or casual nature is performed.
Work performed in an establishment shall not be deemed to be of an intermittent nature—
- if it was performed for more than one hundred and twenty days in the preceding twelve months, or
- if it is of a seasonal character and is performed for more than sixty days in a year.
The application for establishment registration shall be made in Form I to the registering officer of the area in which the establishment sought to be registered is located.
If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration in Form-II.
Every certificate of registration will contain the following
- The name and address of the establishment.
- The maximum number of workers to be contracted as contract labour in the establishment.
- The type of business, trade, industry, manufacture or occupation which is carried on in the establishment;
- Other relevant particulars, if any.
Who is Principal Employer?
“Principal Employer” means—
- in relation to any office or department of the Government or alocal authority, the head of that office or department or such other office as the Government or the local authority, as the case may be, may specify in this behalf,
- in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948, the person so named,
- in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named,
- in any other establishment, any person responsible for the supervision and control of the establishment.
Effect of Non-Registration
No principal employer of an establishment in the case of an establishment required to be registered, but which has not been registered within the time fixed for the purpose or in the case of an establishment the registration in respect of which has been revoked, employ contract labour in the establishment.
Amendment of certificate of registration
In case there has occurred a change in the particulars of the establishment, as entered in the register in Form III, the registering officer, on satisfaction and deposit of appropriate fee, shall amend the said register and record therein the change which has occurred.