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Sounder Rajan V (Advocate)     18 December 2010

Sensational-Andhra Pradesh contract labour act 2003 amendmen

Sensational-Andhra Pradesh Contract Labour act 2003 amendment

The State amendment of Andhra Pradesh in 2003 which introduced a clause restraining the employment of Contract Labour in core activities of any establishment if the same was prohibited by Notification .But it introduced the following exemptions.

[a]. The normal functioning of the establishments is such that the activity is ordinarily done through contractors; or
[b]. The activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be;
[c] Any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time"

Also the Andhra Pradesh Amendment introduced a definition clause for "core activities" of an establishment meaning as any activity for which establishment is set up which includes any activity which is essential or necessary to the core activity and it again provides certain exceptions which are follows:-

1]. Sanitation works, including sweeping, cleaning, dusting and collection and disposal of all kinds of waste;
2]. Watch and ward services including security service;
3]. Canteen and catering services;
4]. Loading and unloading operations;
5]. Running of hospitals, educational and training institutions, guest houses, clubs and the like where they are in the nature of support services of an establishment;
6]. Courier services which are in nature of support services of an establishment;
7]. Civil and other constructional works, including maintenance;
8]. Gardening and maintenance of lawns, etc;
9]. Housekeeping and laundry services, etc., where they are in nature
support services of an establishment;
10]. Transport services including ambulance services;
11]. Any activity of intermittent in nature even if that constitutes a
core activity of an establishment; and
12]. Any other activity which is incidental to the core activity.

Also a rider was introduced by the Andhra Pradesh Amendment that the above 12 activities by themselves should not be the core activities of such establishment.

It must be noticed that the Andhra Pradesh Amendment has force only in Andhra Pradesh State and not in the rest of the Country and this was the first step initiated by a State Govt to put India on the path of globalization.

We  sincerely invite the views of viewers of lawyersclubindia  whether there is a need for a  similar amendment  to the Law which has  to be initiated by the Ministry of labour of the Central Government so that it should have National application.

With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684.



Learning

 3 Replies

H.M.Patnaik (Proprietor)     20 December 2010

Dear Sir,

 This is a nice peice of info . for us also rational too keeping in view the changing needs of trade & industry in the era of globalisation. The Union Govt. should take care to adopt the same observing procedural formalities.

PBS KUMAR (HR - PROFESSIONAL)     18 February 2011

Mr. Rajan,

Will you please post the Gazett Notification of the above ammendment 2003 CLA of AP

 

Regards,

 

PBS KUMAR

Sounder Rajan V (Advocate)     20 February 2011

Dear Kumar

 

State amendment

Andhra Pradesh. —In section 2, in sub-section (1), after clause (d), insert the following clause, namely:—

'(dd) “core activity of an establishment” means any activity for which the establishment is set up and includes any activity which is essential or necessary to the core activity, but does not include,—

(1) sanitation works, including sweeping, cleaning, dusting and collection and disposal of all kinds of waste;

(2) watch and ward services including security service;

(3) canteen and catering services;

(4) loading and unloading operations;

(5) running of hospitals, educational and training institutions, guest houses, clubs and the like where they are in the nature of support services of an establishment;

(6) courier services which are in nature of support services of an establishment;

(7) civil and other constructional works, including maintenance;

(8) gardening and maintenance of lawns, etc.;

(9) house keeping and laundry services, etc., where they are in nature support services of an establishment;

(10) transport services including ambulance services;

(11) any activity of intermittent in nature even if that constitutes a core activity of an establishment; and

(12) any other activity which is incidental to the core activity:

Provided that the above activities by themselves are not the “core activities” of such establishment.'

[ Vide Contract Labour (Regulation and Abolition) (Andhra Pradesh) (Amendment) Act, 2003 (Andhra Pradesh Act 10 of 2003), sec. 2.]

 

Pls see the link https://labour.ap.gov.in/acts/1.%20Short%20title,%20extent,%20commencement%20and%20application.htm

 

With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile -9025792684.


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