Odisha act 042 of 1975 : The Odisha Dadan Labour (Control and Regulation) Act, 1975

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ORISSA ACT 42 OF 1975

THE ORISSA DADAN LABOUR (CONIROL AND REGULATION)

ACT, 1975

CONTENTS

P W B L B

CHAPTER I

Preliminary

1. Short title, extent and commencement

CHAPTER II

Registration of Agents

3. Appointment of registering authority

4. No person ta act as agent without registratioc

5. Registration of agents

6. Revocation of registration in certain cams

7. Appeal

8. Register to be maintained by a registered agent CHAPTER m

Conditions of Recruitment and Welfare of Dadan Labornu 9, Conditions of recruitment of dadan labourer

10. Liability to work to bc extinguished on expiry of the period of agreement 1 1. Liability of the agent to pay the dues of labourer

12. Recovery of dues

CHAPTER IV

Appointment, Powers and Duties of Chief Itlspector and Inspectors

13. Appointment of Chief Inspec tor and Inspectors

14. Powers of Inspecto$

15. Inspectors to be public servants

16. Agent bound to produce xecards

CHAPTHR V

Penalties and Proccdnrcs

37. Offence

18. Cognizance of offences

CHAPTER VI

MisceUaneoas

19. Protection of actions taken under this Act

20. Power to make rules

1

'ITHE ORISSA DADAN LABOUR (CONTROL

AND REGULATION) ACT, 19751

[Received the assent of the Presiden i OR the 8th October-1975, fiusb published in an extra- ~t.di~rary ~ S S Z L P of the Orissa Gazette, dmted the 29th October. 19751

AN ACT TO REGULATE THE RECRUITMENT OF LAB- OURERS FROM THE STATE TO WORK OUTSIpE

THE STATE AND FOR MATTERS INCIDENTAL

THERETO

Be it enacted by the Legislature of @e SQte of Orissa in the Twenty-sixth Year of the Republic of India, as follows :-

CHAPTER I I

I. ( I ) This Act may be called the Orissa Dadan Short title, I

Labour (Control and Regulation) Act, 1975. cxtcnt and

W ~ W I P

ment.

I

(2) It extends to the whole of the State of Orissa,

(3) It shall coma in to force2 on such date as the

Statc Government may, by ~gF-$cation, appoint and

different dates may be appbinted for different provi- sions of this Act.

2. In this Act, unless the cont,ex otherwiseregu$es,- ;, ., 7 .

(a) ogent " means a person .who re- ' '

cmitq dnda,n 09 behalf of an employer for any work carried on out- side 'the St? re af Orissa and iqcludes a con- tractor, sub-contractor, Khatadar, Sardar and persois with similar deignation who make such recruitment;

(b) "chief I~~spector" rncaas the Chief Inspec- tor appointed under section 13;

(c) "CompetentAuthority"~ans a Competent- Authority appointed under section 12; I . +--.- --

I . For Szarcmenl of Objects md Rcasans see On- Gazerre, Ex(modinary, I

daicd the 171h Match,. 1975 ( NO. 496 ).

2. Came into rorcewithcff+t from the 1st January 1976-VideS. R. Q. Np. 983175 dsttd the 18th Drr~mber, 1975 published in thc ?;ha Gazct,r$. EXttaorditwy datcd thc 25th December, 1975 ( No. 2027);

. ,

801 , ,

[ 10 1- 73(a) Law 1

2

THE ORISSA DADAN LAROUR [Or. Act

(d) "dadan labourer" means a person recruited on the basis of a contract (cithcr cxpross or

implied) froln the State of Orissa for doing any skilled, semi-skilled or un-skilled

manual work outside the State;

(e) "employer" means the pcrson for whoma dadan labourer is under the terms of an agreement (either express or i rn plied),

bound to work;

(f) "establishment" in relation to an agent means the place or places where arly records relating to the agency are kept;

(g) ' ' In~pe~tor ' ' rn~an~ an inspector appointed

under tbis Act. (h)"prescribed" means prescribed by lzrlcs made under this Act;

(i) " registering aut horj ty" means he register-

ing authority appointed under section 3;

(j) ccregi~tfation certificate" mcans t Ile certific-

ate of registration granted under section 5;

(k) Ccrules'' means rules made under this Act.

REGTSTRATION OF AGENTS

~ppainlment : 3. The State Government may, by an 'order nolifi- of registering authority. ed in the Official Gazette- ,

I -

(a) appoint an officer or officers, as they think f i t . to be registering authorities for t]le purposes, of ,this Chapter; and

(b) define the limits, within which registering authority shall exercise the powers confer-

. red on him by or utlder this.Act. -

NO w o n 1 0 4. No 'person shaII, after i he comn~enccrne~~t of

acl as agefit , ~ t h o d rcgi- this Act, act as an agent without being registered as stni i~n. such and except under and in accordance with n regi-

stration certificate issued in that behalf,

Rcgislcarion 5. (1) Every zgent who is acting as such imme-

ofagcnts. diately prior to the commencement of this Act shall

make an application within sixty days from the said date, to the registering authority in the prescribed

manner for his registration:

3

42 of. 19751 ( C O N I ' R O L A N I ) R E G U L A T I O N ) A ~ T , ~ ~ ~ ~ 893 .provided that the registering authority may

entertain any such application for registration after

expiry of the said period,if it isstaisfied tbatthe

applkant was prevented by sufficient cause from making the applicatinn in time.

(2) Any person who desires to act as an agent

may also make an application for his registration to the rezistcring nuthority in thc pres cribed manner.

(3) Every application for registration shaIl be made in such form and shaIl be accompanied by such fees a s may be prescribed and shall be presented in

I .

t h e -office.'of the registering authority.'

(4)' Where the application for registration is

corbplete In a11 respects, the registering authority

shall register the zgent and issue to the agent a ccrt ilicate of registration containing such particulars as may be prescribed and slzall enter the particulars

relating to the' agcnt as contained in the application for rcgktration in - a rcgisiel. t o be maintained in the

prescribed form.

(5) A registration certificate shall be valid till the

end of a calender year dzr ring which it is issued and

may be renewed for a period of one year on presen- tation of an applica tioil to t he registering authority in such form ,and on payment- of such' fees as' may be prescribed and every such application shall be

presented not less t llan two months before the expiry

of the registration certificate :

Provided that the registering authority may

entcrtain an application for the renewal of a regis-

ti'ation certscate arter the last date for presentation of the application if the application is made before

the expiry of the registration cetificate and is accom- panied by an additional fee e q ~ ~ a l to twenty-five per- cent of the fees for renewal.

(6) Where the application is not complete in all respects, the registering authority shall. return the

same to the applicant within fifteen days of receipt

of the application pointing oui the defects for recti-

fication and re-submission within fifteen days of its

receipt by the agent.

6. If the registering authority is satisfied, either on p z ; l ; n that a reference made to it in this behalf or otherwise, ,,,ion In

(a) the mgistratio~~ of the agent has been certain - obtained by mj srcpresell ta tion or suppre-

ssion of any material Tact ; or

4

(b) the agent has contravehed any iof the

. , provisions of tEis Act or the rules fiade thtreunder; or

(c) for any reason the registration has become

useless or ineffective and, therefore,

requires to be revoked, he may ,. after giving an opportunity to the agent to

be beard, revoke the registration. Appeal 7. (1) Any person aggrieved by an order niade

under section 5 or section 6 may, within thi'rty days from the date on which the order is communicated to . .

hiin, ,prefer an appeal to an appeJIati: authority

:ap$ointed in that behalf by the 'State Government:

Provided that the appellate authorily may enf er-

tain .the appeal after the expiry of said ptr idt l bf thirty ' days, if it is satisfied that the appcflant w a s I I

prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (I), the, appellate authority shall, after giving the appellant an opportunity of being heard, dispose of

the appeal as expditiousIy as possible.

Rcgistcr tn 8. Every registered agent shall maintain a regist'& be maintain- in the prescribed form, showing- ed bv a

r&ishrcb

agent. (a) the name, father's name, age and address of the dadan labourer recruited by him; the name and address bf the eniployer;

(c) place and nature of work ;

(d) brief description of the agreeitient ;and

(e) such other particulars as may be prescribed.

CHAPTER XIX

CONDITIONS OF RECRUITMENT A b h

WELFARE OF DADAN LABOURER

Condilio ns 9. (1 ) No agent shall recruit any dadan labourer

Of mcnt *cr$' with^^ t enbring into an agreement with him in the dadan rescri bed form.

Iahaurer. P

5

(2) The recruitment of a dadan labourer shall be

stibje~t to the fo l lowjn~ terms and conditions, namely: -

(a) the rate of wages payable to the dadan

labourer shall in zio case be less than the minimum rate of wage fixed under the Minimum Wages Act, 1948 in respect of

e~nployees engaged in work similar in

nature to that performed by the dadan Iabourer and in relation to the 'local area wherein such labourer is required to work;

(h) the conditions relating to hours of work, day of rest and payment for work on a day

of i-est shall not be less favoui-able . than those provided for under the aforesaid Act in respect of employees engaged. ih work similar in nature to that performed by the dadan labourer and in relation to

the local area wherein such labouter is required to work; and

(c) such other conditions as may be prescribed. I

10. The liabilily to WOT k under the agreement ~ $ ! ~ ' ~ ~ LE 1

between the agent and the dadan Iabourer sballextinsuished

stand extinguisrhed on the expiry of the period O" the expiry e iod specified in such agreement : of agree- -

mmt. Provided that the extinguishment of the liability

to work shall in no way affect the other rights and liabilities, ijf the parties to the agreement.

11. The agent shall, be liable for payment of a11 ~~~~~ 2 dues accruing to a dadan Iabourer in accordance with pay the dues

the ktms of the agreement. of Iabourar.

Recovery of 12. (1) The State Governmet may, by noti-

fication in the Official Gazette, appoint any officer of the Labour De-partment of the State Government not below the rank of an Assistaht Labour Commis-

sioner or any other oEcer with judicial experience as a Judge of a Civil Court or any Subdivisional Judicial

Magistrate to be the competent authority having jur~sdrct~on over such area as may be specified in the notjfication.to hear and decide claims arising out of

any agreement Cntered into between the agent and the dadan labourer in pursuance of section 9.

6

THE ORISSA DADAN LABOUR [Or, Act-

. ,

I (2) Where any agent or any dadan labourer has

ally claim c 7 f the nature referred la in sub-sectron 1 I,

the claimant himself, or any person authorised by him in writing in this behalf or in the case of the deathof theclaimant, any member ofhis family or ab inspector may, wilhout prejudice io any other mode of recovery, make an application tc the competent authority for computation of the dues of Lhe claimant :

Provided that every such application shall be presented within six months from the date on which

the dues become payable :

Provided further that an application may be enterlained by the competent authority after the

expiry of the said period of six months if it is satisfied ihat the claimant was prevented by suficicn t cause

from making the application in time.

(3) When any application under sub-section (2) i s entertained, the competent authority shaII, afier

giving the concerned parties and such other persons

as it considers to be interested a reasonable oppor-

tunity of being heard and after making such fur thcr enquiry as i t may consider necessary, compute the

dues of the claimant.

(4) If the competent authority, while hcaring an

application under this section, is satisfied that the

application is either malicious or vexatious, i t may direct that a penalty not exceeding fifty rupees be to the person against whom the claim is made by the person presenting tbe application.

(5) Any amount due to the claimant as compu-

ted by the competent authority may be recovered-

(u) if the competent authority is a Magistrate,

by it as if it were a fine imposed by it as a Magistrate ; or

if the competent ailthority is not a Magi- strate, by the jssue of a certificate by it

for that amount to the Collector, and the

Collector shalI proceed to recover that amount in the same manner as an arrear

of public demand.

7

(6) All orders made unrler this section shall bc

finaI arrd shall not bc liable to bc challcngcd in any

Court.

(7) Every compelent authority appointed under

sub-section ( I ) shalI have the same powers as arc

vested in a Court under I he Code of Civil Procedure,

Igo8 1908 when trying a suit in respect of-

(a) sum111oning and enforcir~g the atlcnda~lce of

witnesses and cxarnining them on oath ;

(b) requiring the discovery and prodaction of documents ;

(c) receiving evidence on affidavit ; and

(d) such other mattcrs as may be prescribed.

(8) Every competent authority slialI be dce~z~ed to

be a'CiviI Court for the purposes of section- 195 and Chapter XXVI of thc Code of Criminal Procc- lY7" dure, 1973.

CHAPTER IV

APPOINTMENT, POWERS AND DUTIES OF

CHEF INSPECTOR AND INSPECTORS

13. ( 1) The State Government may, be not ificatio~~, l ~ g $ ~ ~ r

a p p ~ i n t a -Chief Tnspcctor who shall be the chid p t ~ t ~ ~ . . executivr! authority for the purpose of carrying out the -provisions of this Act.

(2) The State Government may, by notif cation,

appoint such pzrsons aq they think fit to be inspectors fm. the purposes,.of this Act and define the local

lii~~its within ivhich they shall exercise their powers

under this Act.

(3) In addition to any power conferred on the Chief 111spector by or under this Act, he may exe~cise

al l or any of the powers of an Inspector.

14. (1) Subject to tho rules made in th is bcllnlf, an P J ~ V C ~ ~ or

Inspector may, within the local limits, ,of his jurisdi- ction ,-

(a) make such examinations of the rccords and registers ~naintaintd by an agent and take the statement of any person as may be

deemed fiecessary for carrying out the pro-

visions of this Act ;

8

THE ORISSA DADAN LABOUR 1. Or, Aat

(b) seize or take copies of such records as he

may consider relevant in respect of an

offence which Ile has reasons to believe to

have been committed under this Act ;

(c) exercise such other powers as may be prescribed,

(2) Any person required to produce any docrt- merit or thing or to give anv inrormation required by

an Inspector shall be deemed to bc legally bound to

do so within the mearijng of section 175 and sec- tion 176 of the Indian Penal Code, 450r18Go , - . , . Inspectors to 15. The Chief Inspector and every Inspector he public

Sprvants, appoirhed under section 13 shall be deemcd to be a public servant within the meaning of sectiog 21 .of the Indian Penal Code. 45 OF ISGO j

A ~ C ~ I bound 16. I ) Every agent shall, on demand, produce

10 product for inspection by an Inspector all registers and i

'EcOrds. rcwrds required to be kept undcr this Act aqd tbe

rule made thereunder.

(2) Where the agent fails to produce fnr inspec-

tion any register rcco~d before an Insp.ectpr on demand, it shall be presumed that the ' agent hqs go ,egister or record to produce and the Insp-stor s hall

P roceed with the inspectipn accordjngIy.

CHAPTER V

PEANALTZES AND PROCEDURES

ORence 17. Whoever contravenes any of the provisions OF f bis Act, shall bc punishable with imprisoment fur a tern1 which may extend to six months, or with fine which may extend to one thousand rupees, ,or wiQ

both.

18. (1) No prosecution under this Act shall be

CO"imnce or instituted cxccpt with the previous sanction of the orneaces. Chief Inspector.

(2) No Court shall take cognizance of any offence punishable under this Act, save on complaint made by an hspetor or the Chief Inspector.

9

CHAPTER V I

Protection of 19. (1 ) No suit, prosecution or orther legal .

actlons taken

proceeding shall l i e against any ofEcer of the Govern- Undct this

ment for an j thing which is in good faith done or Act-

intended to be done in pursuance of this Act or any

rule or order ~nadc thereunder.

(2) No suit or other legal proceeding shall Iie against the Government for any damage caused or IikeIy to be caused by anything which is in good faith

clone or intended to be done in pursuance of this Act dr any rule or order made thereunder.

20. (1) The State Government may, subject t ~ , ~ ~ $ . ~ the condition of previous publication, make rules

for the purpose of carrying out the provisions of

this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : -

(n) the form and manner of making an

application to the registering authority for

registration of an agent ;

(b) fees for registration and renewal of regist- ration of a n agent ;

(c) the form and manner of making application

for renewal of registration of an agent ; ( d ) form of registration certificate to be issued to the agent ;

(e) the records and registers to be maintained by

an agent for the purpose of securing com- pliance with the provisions of this Act

and the rules made thertunder and the particulars to be entered therein; (f ) the form of agreement to be entered into between the agent and the dadan labourer ;

( g ) other particulars artd conditions to be fulfilled with regard to recruitment of

dadan labourers ;

1102-73 (a) Law]

10

810 D m ORJSSA DADAN LABOUR ( CONTROL A K D [Or. Act, 42 REGULATION) ACT, 1975 of 19751

(11) the submission of returns by the agent to the registering authority ;

( i ) the powers which may be conferred on the Inspectors aud the Chief Inspector under this Act and their functions ;

( j ) form of register to be maintained by the

registering authority ; and

(k) any other matter which is required to be,

or may be, prescribed.

(3) All xules made under this Act shall, as soon

as may be after they are made, be laid before the State Legislature for a total period of fourteen days

which may be comprised in one session or in two

or more successive sessions and if during the said period the State Legislature makes modifications,

if any, therein, the rules shall tbereafter have eBect

only in such modified form ; so, however, that such

modifications shall be without prejudice to the validity of anytling previously done under the rules.

11

SECTIONS