Section 47 of The Occupational Safety, Health and Working Conditions Code, 2020
- (1)No contractor to whom this Part applies shall---
- (a)supply or engage contract labour in any establishment; or
- (b)undertake or execute the work through contract labour, except under and in accordance with a licence issued to him by the authority referred to in sub-section (1) of section 119 in accordance with the provisions of that section after satisfying that the contractor fulfills such requisite qualifications or criteria as may be prescribed by the Central Government and such licence shall, in addition to the requisite particulars and conditions specified in sub-section (3), specify the number of such contract labour who can be supplied or engaged and the amount of security to be deposited by the contractor.
- (2)Where the contractor does not fulfil the requisite qualifications or criteria referred to in sub-section (1), the authority referred to in sub-section (1) of section 119 may issue him a "work specific licence" electronically renewable within such period as may be prescribed by the Central Government to supply or engage the contract labour, or execute the work through contract labour, only for the concerned work order as may be specified in such licence and subject to such conditions as may be specified in such licence.
- (3)Subject to the provisions of this Part,---
- (a)a licence 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 may be prescribed by the appropriate Government;
- (b)the licence referred to in sub-section (1) or sub-section (2), shall be obtained from, if for such establishment the appropriate Government is---
- (i)the Central Government, the authority referred to in sub-section (1) of section 119 designated by that Government; and
- (ii)the State Government, the authority referred to in sub-section (1) of section 119 designated by that Government: Provided that where the contractor is desirous of obtaining licence for supplying or engaging contract labour or undertaking or executing the contract works under sub-section (1) or sub-section (2) in more than one States or for the whole of India, then, he may obtain the licence from the authority referred to in sub-section (1) of section 119 designated by the Central Government for such purpose and the provisions of that section shall apply: Provided further that before issuing such licence the authority referred to in the first proviso shall consult the concerned State or States authorities designated under sub-section (1) of section 119, electronically before issuing licence for the establishments for which the appropriate Government is the State Government.
Summary
- Contractors must obtain a valid licence before they can supply contract labour or execute projects through contract workers.
- The regular licensing process requires contractors to satisfy specific eligibility criteria and qualifications set by the Central Government.
- Regular licences must specify the maximum number of contract workers allowed and the security deposit the contractor must pay.
- Contractors who do not meet the regular qualifications can get a work-specific licence electronically, which is valid only for a single work order.
- Licenses can include strict conditions concerning daily hours of work, wage fixation, and essential welfare facilities for the contract labour.
- Contractors operating across multiple states can apply for a single all-India licence from the Central Government designated authority.
Practical examples
FAQ
1. Can a contractor supply contract workers without a licence under Section 47 of The Occupational Safety, Health and Working Conditions Code, 2020?
No, Section 47 of The Occupational Safety, Health and Working Conditions Code, 2020 strictly prohibits any contractor from supplying contract labour or undertaking work through them without a valid licence.
2. What is a work-specific licence under Section 47 of the 2020 Occupational Safety Code?
Under Section 47 of the 2020 Occupational Safety Code, if a contractor does not meet the standard qualifications, the authority can issue a work-specific licence electronically. This licence is valid only for the concerned work order and is renewable within a set period.
3. Does a contractor's licence set a limit on the number of workers under Section 47 of the Occupational Safety and Working Conditions Code?
Yes, under Section 47 of the Occupational Safety and Working Conditions Code, the licence must specify the maximum number of contract labour that can be supplied or engaged.
4. How can a contractor obtain a licence for multiple states under Section 47 of the 2020 OSH Code?
Under Section 47 of the 2020 OSH Code, a contractor can apply to the designated Central Government authority, which will consult with the relevant State authorities electronically before issuing the licence.
Test yourself
Q1.Under Section 47 of The Occupational Safety, Health and Working Conditions Code, 2020, what type of licence can be issued electronically if a contractor fails to satisfy the regular eligibility qualifications?
Q2.Under Section 47 of the 2020 Occupational Safety Code, who is responsible for prescribing the requisite qualifications and criteria that a regular contractor must meet?
Q3.Under Section 47 of the Occupational Safety and Working Conditions Code, what two details must be explicitly specified in a contractor's licence?
Q4.Under Section 47 of the 2020 OSH Code, what must the Central Government's designated authority do before issuing a multi-state licence for establishments where the State Government is the appropriate Government?