Chapter
XI — Special provisions
Rule 85 — Qualification and criteria of the contractor
Rule-by-rule operational analysis with Code, Form, evidence, authority and State-jurisdiction controls.
Rule identity
Part/sector
Contract labour
Control family
Contract-labour governance
Linked Code sections
Section 45, Section 46, Section 47, Section 48, Section 49, Section 50, Section 51, Section 52, Section 53, Section 54, Section 55, Section 56
Forms
No direct Annexure VII form identified
Source review
2026-07-17
Rule-level operational analysis
The exact Gazette wording controls. The following map converts Rule 85 into an implementation sequence and highlights the records needed to demonstrate compliance.
- Requirement 1. Verify threshold, contractor qualification, licence scope, validity, work order and maximum headcount before mobilisation.
- Requirement 2. Flow statutory obligations into the commercial contract without attempting to contract out principal-employer liability.
- Requirement 3. Reconcile attendance, wages, social security, welfare, safety induction and incident data worker by worker.
- Requirement 4. Track work-order intimation, half-yearly/annual returns, security deposit and change notifications.
- Requirement 5. Operate grievance, experience-certificate and exit controls and retain recovery rights against defaulting contractors.
Sub-rule review protocol
Who acts
Identify the employer, occupier, manager, contractor, worker, medical officer, Inspector-cum-Facilitator or other authority named in each sub-rule.
When
Record the triggering event and calculate every hour/day/month period from documentary evidence.
How
Use the portal, prescribed Form, written notice, examination, committee or technical control stated in the Rule.
Exception/proviso
Do not generalise an exception. Record why its facts and jurisdiction are satisfied.
Decision evidence
Keep the maker, reviewer, competent authority, date, acknowledgement and corrected version.
Later instrument
Check general/special orders, authority notifications, standards and State rules before reliance.
Code and Form concordance
Code section 45Applicability of this PartCode section 46Appointment of designated authorityCode section 47Licensing of contractorsCode section 48Procedure for issue or renewal of licenceCode section 49No fees or commission or any cost to workersCode section 50Information regarding work order to be given to the appropriate GovernmentCode section 51Revocation, suspension and amendment of licenceCode section 52AppealCode section 53Liability of principal employer for welfare facilitiesCode section 54Effect of employing contract labour from a non-licenced contractorCode section 55Responsibility for payment of wagesCode section 56Experience certificate
Evidence and audit file
- contractor due-diligence file
- licence/work order
- worker master and attendance
- wage/social-security proof
- safety induction and PPE
- returns/grievance/exit evidence
Failure consequence and cure
Use of an unlicensed contractor or unpaid workers can transfer immediate obligations and enforcement risk to the principal employer.
Where the Rule uses a portal, form or notified authority, a locally created substitute is not automatically equivalent. Cure should preserve the original due date and explain any late correction.
Worked implementation scenario
A contractor is selected for a multi-State project. Mobilisation is blocked until licence scope, headcount, work-order intimation, wage/social-security proof, welfare facilities and principal-employer monitoring are configured in one worker-level control file.
Rule-specific QA questions
Has the exact Gazette text been checked?
Yes for source structure and title; users must still read the complete Rule and sub-rules before applying it to facts.
Is this a State-rule page?
No. It covers the 2026 Central Rules. State-specific implementation belongs in a separately sourced State overlay.
Can another existing Finin2min article own this rule?
No. This URL is the canonical legal repository for Rule 85. Articles and hubs should link here without reproducing the full rule analysis.