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.
VS Rajan Associates,
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