11. Appointment of licensing officers.—The appropriate Government may, by an order notified in
the Official Gazette,—
(a) appoint such persons, being Gazetted Officers of Government, as it thinks fit to be licensing
officers for the purposes of this Chapter; and
(b) define the limits, within which a licensing officer shall exercise the powers conferred on
licensing officers by or under this Act.
9
12. Licensing of contractors.—(1) With effect from such date as the appropriate Government may,
by notification in the Official Gazette, appoint, no contractor to whom this Act applies, shall undertake or
execute any work through contract labour except under and in accordance with a licence issued in that
behalf by the licensing officer.
(2) Subject to the provisions of this Act, 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 the appropriate Government may deem fit to impose in accordance with the
rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of
such sum, if any, as security for the due performance of the conditions as may be prescribed.
13. Grant of licences.—(1) Every application for the grant of a licence under sub-section (1) of
section 12 shall be made in the prescribed form and shall contain the particulars regarding the location of
the establishment, the nature of process, operation or work for which contract labour is to be employed
and such other particulars as may be prescribed.
(2) The licensing officer may make such investigation in respect of the application received under
sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as
may be prescribed.
(3) A licence granted under this Chapter shall be valid for the period specified therein and may be
renewed from time to time for such period and on payment of such fees and on such conditions as may be
prescribed.
STATE AMENDMENTS
Uttar Pradesh
Amendment of Section 13.—In section 13 of the principal Act, after sub-section (3) the following
sub section shall be inserted, namely:—
“(4) If an application for licenses is complete in all respects and the licensing officer fails to make any
order within a period of one day then it shall be deemed that the license has been granted to him.”
[Vide the Uttar Pradesh Act 14 of 2018, s. 4]
14. Revocation, suspension and amendment of licences.—(1) If the licensing officer is satisfied,
either on a reference made to him in this behalf or otherwise, that—
(a) alicence granted under section 12 has been obtained by misrepresentation or suppression of
any material fact, or
(b) the holder of a licence has, without reasonable cause, failed to comply with the conditions
subject to which the licence has been granted or has contravened any of the provisions of this Act or
the rules made thereunder,
then, without prejudice to any other penalty to which the holder of the licence may be liable under this
Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause,
revoke or suspend the licence or forfeit the sum, if any, or any portion thereof deposited as security for
the due performance of the conditions subject to which the licence has been granted.
(2) Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a
licence granted under section 12.
15. Appeal.—(1) Any person aggrieved by an order made under section 7, section 8, section 12 or
section 14 may, within thirty days from the date on which the order is communicated to him, prefer an
appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate
Government:
Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty
days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant
an opportunity of being heard, dispose of the appeal as expeditiously as possible.