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Sounder Rajan V (Advocate)     07 March 2011


Dear All


Is there any responsibility for the Contractor to maintain canteen for the welfare of Contract Employees ?

Yes Rule 42 of the CLRA Rules prescribes on the provision of Canteens and reads like this.

42.—(1) In every establishment to which the Act applies and wherein work regarding the employment of contract labour is likely to continue for six months and labour numbering one hundred or more are ordinarily employed an adequate canteen shall be provided by the contractor for the use of such contract labour within sixty days of the date of coming into force of the rules in the case of the existing establishments and within sixty days of the commencement of contract labour In the case of the establishments of the employment

(2) If the contractor fails to provide the canteen within the time laid down the same shall be provided by the principle employer within sixty days of the expiry of the time allowed to the contractor.

(3)The canteen shall be maintained by the contractor or principal employer; as the case may be, in an efficient manner

43. (1) The canteen shall consist of at least a dining hall; kitchen, store room, pantry and washing places separately for workers and for utensils.
(2)(i) The canteen shall be sufficiently lighted at all times when any person has, access to it.
(ii) The floor’ shall be made of smooth and impervious material and inside walls shall be lime-washed or colour-washed at least once in each year
Provided that the inside walls of the kitchen shall be lime-washed every four months.
(3)(i) The precincts of the canteen shall be maintained in, a. clean and sanitary condition.
(ii) Suitable arrangements shall be made for the collection and disposal of garbage.

44.(1) The dining-hall shall accommodate at a time at least 30 percent of the contract labour working at a time.

(2)The floor area of the dining-hall, excluding the area occupied by the service in the counter and any furniture except tables and chairs shall be not less than one square metre per diner to be accommodated as prescribed In sub-rule (1). -

(3) (i) A portion of the dining-hall and service counter shall be partitioned off and reserved for women workers, in proportion to their number,,.
(ii) Washing places for women shall be separate and screened to secure private.

(4)Sufficient tables, stools, chairs or benches shall be available for the number of diners to be accommodated as prescribed in sub-rule (1).

45 (1) (i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the sufficient running of the canteen,
(ii)The furniture, utensils and other equipment. shall be and Hygienic condition.

(2) (1) Suitable clean clothes for the employees’ service in the canteen shall also be provided and maintained
(ii)A service -counter, if provided, shall have top of smooth and impervious material.
(iii) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.

46.The foodstuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.

47 The charges for foodstuffs, beverages and any other items served in the canteen shall be based on “no-profit, no loss” and shall be conspicuously displayed in the canteen

48. In arriving at the prices of foodstuffs and other articles served in the canteen the following items shall not be taken into consideration as expenditure, namely’
(a) the rent for the land and buildings;

(b) the depreciation and maintenance charges for the building and ‘equipment provided for in the canteen;
(c) the cost of purchase, repairs and replacement of equipment including furniture, crockery, cutlery and utensils;
(d) the water charges and other charges incurred for lighting and ventilation;
(e) the interest on the maintenance of amounts spent on the provision and maintenance of furniture and equipment provided for canteen.

49. The books of accounts and registers and other documents used in connection with the running of the canteen shall be produced on demand to an inspector.

50.The account pertaining to the canteen shall be audited once every twelve months by registered accountants and auditors

Provided that the Chief Labour Commissioner (general) may approve of any other person to audit the accounts, if he is satisfied that it is not feasible to appoint a registered accountant and auditor i view of the site or the location of the canteen.

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 : 9025792684-9025792634


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