Mizoram Amends Contract Labour Rules, Revising Registration and Licensing Fees

The Governor of Mizoram, through a notification issued on January 28, 2013, published The Mizoram Contract Labour (Regulation and Abolition) (Amendment) Rules, 2012. These amendment rules were enacted in exercise of the powers conferred by section 35(2)(f) of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act No. 37 of 1970), and modify the existing Mizoram Contract Labour (Regulation and Abolition) Rules, 2004. The amendments came into force on January 30, 2013, the date of their publication in the Mizoram Gazette.

The primary focus of the amendments is the revision of fees associated with the registration of principal employers and the licensing of contractors, along with the security deposits required from contractors. Specifically, sub-rule (4) of Rule 20 of the Principal Rules, which pertains to the fee for amending a certificate of registration, was substituted. The new provision stipulates that the amendment fee shall be one hundred rupees, in addition to any amount that would have been payable if the certificate had been originally issued in the amended form, after deducting the fees already paid for the initial registration. Rule 24, governing the security deposit required before a licence is issued to a contractor, was also substituted. Under the revised rule, contractors are now required to deposit an amount calculated at the rate of Rs. 200/- for each workman to be employed as contract labour. A concession was introduced for Cooperative Societies, which are now required to deposit security at a reduced rate of Rs. 50/- for each workman. This deposit is to be made in the local treasury under the head "8443 (9) - Civil deposit; Deposit under various Central and State Acts: deposit under Contract Labour (Regulation & Abolition) Act, 1970."

Further significant changes were introduced in Rule 26, which details the fees for the grant of certificates of registration and licences. The legislation provided: “The fees to be paid for the grant of certificate of registration under Section 7 shall be as specified below, namely: If the number of workmen proposed to be employed on contract on any day - (a) is not more than 20 - Rs. 500/- (b) exceeds 20, but does not exceed 50 - Rs. 1000/- (c) exceeds 50, but does not exceed 100 - Rs. 2000/- (d) exceeds 100, but does not exceed 200 - Rs. 3000/- (e) exceeds 200, but does not exceed 400 - Rs. 4000/- (f) exceeds 400 - Rs. 6000/-.” Similarly, the fees for the grant or renewal of a licence under Section 12 were also revised, establishing a tiered structure based on the number of workmen employed by the contractor, ranging from Rs. 250/- for not more than 20 workmen to Rs. 2500/- for more than 400 workmen. Lastly, sub-rule (3) of Rule 28, concerning the fee for amending a licence, was substituted to align with the new fee structure, requiring one hundred rupees plus any additional amount that would have been payable for the licence in its amended form, less the fees originally paid.

The legislative intent behind these amendments appears to be the updating and rationalization of the financial provisions within the Mizoram Contract Labour (Regulation and Abolition) Rules, 2004. The earlier legal position, which prescribed different fee structures and security deposit requirements, was deemed to require revision. These changes address potential statutory gaps or limitations in the previous fee schedule, likely aiming to reflect current administrative costs, economic conditions, or policy considerations related to the regulation of contract labour. The amendments introduce new financial obligations for principal employers seeking registration and for contractors applying for or renewing licences, as well as for those seeking amendments to their respective certificates or licences. By substituting the previous rules, the government aimed to establish a clearer and more contemporary framework for the financial aspects of contract labour regulation, ensuring that the fees and security deposits are commensurate with the scale of operations involving contract workmen. The revised fee structures and security deposit rates are designed to be the primary enforcement mechanism for these financial aspects, directly impacting entities engaging or supplying contract labour within Mizoram.

Keywords: Mizoram, Contract Labour, Regulation, Abolition, Amendment Rules, Registration Fees, Licensing Fees, Security Deposit, Labour Law, Notification

Geo Tags: India, Mizoram District: Not Applicable