Licensing of Contractors

    Appointment of Licensing Officers [Section 11]

    The Appropriate Government may, by an order notified in the Official Gazette:

    1). Appoint such persons, being Gazetted Officers of Government, as it thinks fit to be licensing officers for the purposes of licensing of contractors; and

    2). Define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this Act.

    Licensing of Contractors [Section 12]

    1). With effect from such date as the Appropriate Government may, by notification in the Official Gazette, appoint, no contractor to whom this Act applies, shall undertake or execute any work through contract labour except under and in accordance with a license issued in that behalf by the licensing officer.

    2). Subject to the provisions of this Act, a license under sub-section (1) 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, if any, made under Section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security for the due performance of the conditions as may be prescribed.

    Grant of Licenses [Section 13]

    1). Every application for the grant of a license under sub-section (1) Section 12 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which contract labour is to be employed and such other particulars as may be prescribed.

    2). The licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as may be prescribed.

    3). A license granted under licensing of contractors shall be valid for the period specified therein 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.

    Revocation, Suspension, and Amendment of Licenses [Section 14]

    1). If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that:

    1. A license granted under Section 12 has been obtained by misrepresentation or suppression of any material fact, or
    2. The holder of a license has, without reasonable cause, failed to comply with the conditions subject to which the license has been granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the license may be liable under this Act, the licensing officer may, after giving the holder of the license an opportunity of showing cause, revoke or suspend the license or forfeit the sum, if any or any portion thereof deposited, as security for the due performance of the conditions subject to which the license has been granted.

    2). Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a license granted under section.

    Appeal [Section 15]

    1). Any person aggrieved by an order made under Section 7, Section 8, Section 12, or section 14 may, within thirty 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; provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

    2). On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard dispose of the appeal as expeditiously as possible.

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