CONTENTS - Central Public Works Department

SECTION 34
(5) Normally, working hours of an employee should not exceed 9 hours a day. The working day shall
be so arranged that inclusive of interval of rest, if any, it shall not spread over more than 12 hours
a day.
(6) When a worker is made to work for more than 9 hours on any day or for more than 48 hours in any
week, he shall be paid overtime for the extra hours put in by him at double the ordinary rate.
34.4 Responsibilities of field officers
(1) In order to ensure regular payment of wages to the labour by the contractor, the Fair Wages
clause 19B (d) provides that the Executive Engineer or the Sub-Divisional Officer concerned shall
have the right to deduct from the money due to the contractor any sum required or estimated to be
required for making good the loss suffered by the workers, non-payment of wages or of deductions
from his or their wages which are not justified by the terms of the contract, or non-observance of
the Labour Regulations. In view of this provision and other provisions of Fair Wage clause as
embodied in the agreement, it is incumbent upon the Executive Engineer and the Sub-Divisional
Officer to see that the labour employed by the contractor is paid regularly, and that no arrears are
allowed to accumulate on this account. For this purpose, they should see that the returns that are
prescribed are duly submitted by the contractor, and they should scrutinize them with a view to
see that the contractor is duly fulfilling the conditions of the contract.
(2) In case an Executive Engineer finds it difficult to take action on the advice tendered by the Labour
Officer under Contractor’s Labour Regulations for any reason, the matter should be immediately
reported to the Superintending Engineer concerned and directions obtained from him.
(3) Security Deposit of the work shall not be refunded till the contractor produces a clearance certificate
from the Labour Officer. As soon as the work is virtually complete, the contractor shall apply for
the clearance certificate to the Labour Officer under intimation to the Engineer-in-charge. The
Engineer-in-charge, on receipt of the said communication, shall write to the Labour Officer to
intimate if any complaint is pending against the contractor in respect of the work. If no complaint is
pending on record till after 3 months after completion of the work, and/or no communication is
received from the Labour Officer to this effect till 6 months after the date of completion, it will be
deemed to have received the clearance certificate and the Security Deposit will be released, if
otherwise due.
34.5 Responsibilities of contractor
(1) The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, Contract
Labour (Regulation and Abolition) Act, 1970 and rules framed there under, and other labour laws
affecting contract labour that may be brought into force time to time.
(2) It shall be the duty of the contractor to ensure the disbursement of the wages in the presence of
the Junior Engineer or any other authorized representative of the Engineer-in-charge, who will be
required to be present at the place and time of disbursement of wages by the contractor to his
workmen.
(3) The contractor shall obtain from the Junior Engineer or any other authorized representative of the
Engineer-in-charge, as the case may be, a certificate under his signature at the end of the entry in
the prescribed ‘Register of Wages’, or the ‘Wage-cum-Muster Roll’, as the case may be, in the
following form:
“Certified that the amount shown in column no. ............... has been paid to the workman concerned
in my presence on ............... at ...............”
34.6 Deductions to be made from contractor’s bills
(1) The Labour Officer, or other persons authorized as aforesaid, shall submit a report of result of his
investigation or enquiry to the Executive Engineer concerned indicating the extent, if any, to which
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