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INTER STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979
30 of 1979
11th June 1979
STATEMENT OF OBJECTS AND REASONS The system of employment of inter-State migrant labour (known in Orissa as Dadan Labour) is an exploitative system prevalent in Orissa and in some other States. In Orissa, Dadan Labour in recruited from various parts of the State through contractors or agents called Sardars/Khatadars for work outside the State in large construction projects. This system lends itself to various abuses. Though the Sardars promise at the time of recruitment that wages calculated on piece-rate basis would be settled every month the promise is not usually kept. Once the worker comes under the clutches of the contractor, he takes him to a far-offplace on payment of railway fare only. No working hours are fixed for those workers and they have to work on all the days in a week under extremely bad working conditions. The provisions of the various labour laws are not being observed in their case and they are subjected to various malpractices. 2. The Twenty-eighth Session of the Labour Ministers Conference (New Delhi, October 26, 1976) which considered the question of protection and welfare of Dadan Labour recommended the setting up of a small Compact Committee to go into the whole question and to suggest measures for eliminating the abuses prevalent in this system. The inter-State migrant workmen are generally illiterate, unorganised and have normally to work under extremely adverse conditions and in view of these hardships, some administrative and legislative arrangements both in the State from where they are recruited and also in the State where they are engaged for work are necessary to secure effective protection against their exploitation. The Compact Committee which was constituted in February 1977 therefore, recommended the enactment of a separate Central legislation to regulate the employment of inter-State migrant workmen as it was felt that the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, even after necessary amendments would not adequately take care of the variety of malpractices indulged in by the contractors/ Sardars/Khatadars, etc. and the facilities required to be provided to these workmen in view of the peculiar circumstances in which they have to work. 3. The recommendations of the Compact Committee have been examined in consultation with the State Governments and the Ministries of the Government of India and the suggestions made by them have been taken into account in formulating the proposals for legislation. The main features of the Bill are as follows :- (i) The proposed legislation will apply to every establishment in which five or more inter-State; migrant workmen are employed or were employed on any day of the preceding twelve months. It will also apply to every contractor who employees or employed five or more inter-State migrant workmen on any day of the preceding twelve months. (ii) The establishment proposing to employ inter-State migrant workmen will be required to be registered with registering officers appointed under the Central Government or the State Governments, as the case may be, depending on whether the establishment falls under the Central sphere or State sphere. Likewise, every contractor who proposes to recruit or employ inter-State migrant workmen will be required to obtain a licence from the specified authority both of the State to which the workmen belongs (home State) and the State in which he is proposed to be employed (host State). (iii) The contractor will be required to furnish particulars regarding the workmen in the form to be prescribed by rules to the specified authority of both the home State and the host State. The contractor will also be required to issue to every workman employed by him, a pass book containing the details of the employment. (iv) Specific guidelines have been indicated regarding the wages payable to inter-State migrant workman and he is required to be paid wages from the date of his recruitment. (v) The inter-State migrant workmen will be entitled to a displacement allowance and ajourney allowance in addition to his wages. (vi) The amenities that are required to be provided to the workmen would include provision of suitable residential accommodation, adequate medical facilities, protective clothing to suit varying climatic conditions and suitable conditions of work taking into account that they have migrated from another State. (vii) Inspectors will be appointed by the appropriate Government to see that the provisions of the legislation are being complied with. In addition, power has been given to the State Government of the home State to appoint, after consultation with the Government of the host State, inspectors for visiting the establishments wherein workmen from the former State are employed to see whether the provisions of the legislation are being complied with in the case of such workmen. (viii) The inter-State migrant workman may raise in an industrial dispute arising out of his employment either in the host State or in the home State after his return to that State after the completion of the contract of employment. He will also be permitted to apply for the transfer of proceedings in relation to an industrial dispute pending before an authority in the host State to the corresponding authority in the home State on the ground that he has returned lo that State after the completion of his contract. (ix) Deterrent punishments have been proposed for the contravention of the provisions of the legislation.--- Gaz. 26-4-1979, Pt. II, S. 2, Ext. p. 458
An Act to regulate the employment of inter-State Migrant workmen and to provide for their conditions of service and for matters connected therewith. Be it enacted by Parliament in the Thirtieth Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION
(1) This Act may be called the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979.
(2) It extends to the whole of India.
(3) it shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint: Provided that if the Central Government considers it necessary or expedient so to do in the public interest, it may postpone or relax, to such extent as may be specified in such notification, the operation of all or any of the provisions of this Act in any State or States for such period not extending beyond one year from the date on which this Act comes into force.
(4) It applies-
(a) to every establishment in which five or more inter-State migrant workmen
(whether or not in addition to other workmen) are employed or who were employed on any day of the preceding twelve months :
(b) to every contractor who employs or who employed five or more inter-State migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months.
SECTION 02: DEFINITIONS
(1) In this Act, unless the context otherwise requires.-
(a) "appropriate Government" means,-
(i) in relation to -
(1) any establishment pertaining to any industry carried on by or under the authority of the Central Government or pertaining to any such controlled industry as may be specified in this behalf by the Central Government; or
(2) any establishment of any railway Cantonment Board, major port, mine or oil-field. or
(3) any establishment of a banking or insurance company, the Central Government:
(ii) in relation to any other establishment, the Government of the State in which that other establishment is situated;
(b) "contractor", in relation to an establishment, means a person who undertakes (whether as an independent contractor, agents, employee or otherwise) to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, by the employment of workmen or to supply workmen to the establishmment, and includes a sub-contractor, Khatadar, Sardar, agent or any other person, by whatever name called, who recruits or employs workmen;
(c) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;
(d) "establishment" means -
(i) any office or department of the Government or a local authority; or
(ii) any place where any industry, trade business, manufacture or occupation is carried on;
(e) "inter-State migrant workman" means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment;
(f) "prescribed" means prescribed by rules made under Act,
(g) "principal employer" means,-
(i) in relation to any office or department of the Government or a local authority, the
head of that office department or authority or such other officer as the Government or the local authority, as the case may be, may specify in this behalf;
(ii) in relation to a factory, the owner or occupier of the factory and where a person has
been named as the manager of the factory under the Factories Act, 1948, the person so named:
(iii) in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named;
(iv) in relation to any other establishment, any person responsible for the supervision and control of the establishment.
(h) "recruitment" includes entering into any agreement or other arrangement for recruitment and all its grammatical variations and cognate expressions shall be construed accordingly;
(i) "wages" shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936;-
(j) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward whether the terms of employment be express or implied, but does not include any such person -
(i) who is employed mainly in a managerial or administrative capacity: or
(ii) who, being employed in a supervisory capacity, draws wages exceeding five hundred
rupees per mensern, or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of managerial nature.
(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
SECTION 03: APPOINTMENT OF REGISTERING OFFICERS
- Tne appropriate Government may, by order notified in the Official Gazette,-
(a) appoint such persons, being officers of Government, as it thinks fit to be registering officers for the purposes of this Chapter; and
(b) define the limits, within which a registering officer shall exercise the powers conferred on him by or under this Act.
SECTION 04: REGISTRATION OF CERTAIN ESTABLISHMENTS
- (1) Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer, in such form and manner and or; payment of such fees as may be prescribed, for the registration of the establishment : Provided that the registering officer may entertain any such application for registration after the expiry of the period fixed in that behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time.
(2) Within one month after the receipt of an application for registration under sub-section
(1), the registering officer shall,-
(a) if the application is complete in all respects, register the establishment and issue to the
principal employer of the establishment a certificate of registration in the prescribed form; and
(b) if the application is not so complete, return the application to the principal employer of the establishment.
(3) Where within a period of one month after the receipt of an application for registration of an establishment under sub-section (1), the registering officer does not grant under clause (a) of sub-section (2) the certificate of registration applied for and does not return the application under clause (b) of that sub-section, the registering officer shall, within fifteen days of the receipt of an application in this behalf, from the principal employer, register the establishment and issue to the principal employer a certificate of registration in the prescribed form.
SECTION 05: REVOCATION OF REGISTRATION IN CERTAIN CASES
- If the registering officer is satisfied. either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that for any other reason, the registration has become useless or ineffective and, therefore requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate Government, revoke by order in writing the registration and communicate the order to the principal employer: Provided that where the registering officer considers it necessary so to do for any special reasons, he may, pending such revocation, by order suspend the operation of the certificate of registration for such period as may be specified in the order and serve, by registered post, such order along with a statement of the reasons on the principal employer and such order shall take effect on the date on which such service is effected
SECTION 06: PROHIBITION AGAINST EMPLOYMENT OF INTERSTATE MIGRANT WORKMEN WITHOUT REGISTRATION
- No principal employer of an establishment to which this Act applies shall employ inter-State migrant workmen in the establishment unless a certificate of registration in respect of such establishment issued under this Act is in force : Provided that nothing in this section shall apply to any establishment in respect of which an application for registration made within the period fixed, whether originally or on extension under sub-section (1) of section 4-is pending before a registering officer and for the purposes of this proviso, an application to which the provisions of sub-section (3) of section 4-apply shall be deemed to be pending before the registering officer concerned till the certificate of registration is issued in accordance with the provisions of that sub-section.
SECTION 07: APPOINTMENT OF LICENSING OFFICER
- The appropriate Government may, by order notified in the Official Gazette,-
(a) appoint such persons, being 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 jurisdiction and powers conferred on licensing officers by or under this Act.
SECTION 08: LICENSING OF CONTRACTORS
- (1) With effect from such date as the appropriate Government may, by notification in the Official Gazette, appoint2, no contractor to whom this Act applies shall,-
(a) recruit any person in a State for the purpose of employing him in any establishment situated in another State, except under and in accordance with a licence issued in that behalf,-
(i) if such establishment is an establishment: referred to in sub-clause (i) of clause (a) of
sub-section (1) of section 2-, by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the recruitment is made:
(ii) if such establishment is an establishment referred to in sub-clause (ii) of clause (a) of
sub-section (1) of section 2-, by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the recruitment is made;
(b) employ as workmen for the execution of any work in any establishment in any State. persons from another State (whether or not in addition to other workmen) except under and in accordance with a licence issued in that behalf,-
(i) if such establishment is an establishment referred to in sub-clause (i) of clause (a) of
sub-section (1) of section 2-, by the licensing officer appointed by the Central
Government who has jurisdiction in relation to the area wherein the establishment is situated;
(ii) if such establishment is an establishment referred lo in sub-clause (ii) of clause (a) of
sub-section (1) of section 2-, by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the establishment is situated.
(2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions including in particular, the terms and conditions of the agreement or other arrangement under which the workmen will be recruited, the remuneration payable, hours of work, fixation of wages and other essential amenities in respect of the inter-State migrant workmen, 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 as may be prescribed : Provided that if for any special reasons, the licensing officer is satisfied that it is necessary to require any person who has applied for, or who has been issued, a licence to furnish any security for the due performance of the conditions of the licence, he may, after communicating such reasons to such person and giving him an opportunity to represent his case, determine in accordance with the rules made in this behalf the security which shall be furnished by such person for obtaining or as the case may be, for continuing to hold the licence.
(3) The security which may be required to be furnished under the proviso to sub- section (2) shall be reasonable and the rules for the purposes of the said proviso shall, on the basis of the number of workmen employed, the wages payable to them, the facilities which shall be afforded to them and other relevant factors provide for the norms with reference to which such security may be determined.
SECTION 09: GRANT OF LICENCES
- (1) Every application for the grant of licence under sub- section (1) of section 8-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 inter-State migrant workmen are 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 section 8, 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.
SECTION 10: 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) a licence granted under section 8 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 to be heard, by order in writing, revoke the licence or forfeit the security furnished by him under the proviso to sub-section (2) of section 8 or any part thereof and communicate the order to the holder of the licence : Provided that where the licensing officer considers it necessary so to do for any special reasons, he may, pending such revocation or forfeiture, by order, suspend the operation of the licence for such period as may be specified in the order and serve by registered post, such order, along with a statement of the reasons on the holder of the
licence and such order shall take effect on the date on which such service is effected
(2) Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a licence granted under section 8.
SECTION 11: APPEAL
- (1) Any person aggrieved by an order made under section 4, section 5,section 8-orsection 10-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), appellate officer shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible.
SECTION 12: DUTIES OF CONTRACTORS
- (1) It shall be the duty of every contractor-
(a) to furnish such particulars and in such form as may be prescribed, to the specified authority in the State from which an inter-State migrant workman is recruited and in the State in which such workman is employed, within fifteen days from the date of recruitment, or, as the case may be, the date of employment, and where any change occurs in any of the particulars so
furnished, such change shall be notified to the specified authorities of both the States;
(b) to issue to every inter-State migrant workman, a pass book affixed with a passport size photograph of the workman and indicating in Hindi and English languages, and where the language of the workman is not Hindi or English, also in the language of the workman,--
(i) the name and place of the establishment wherein the workman is employed; (ii) the period of employment; (iii) the proposed rates and modes of payment of wages; (iv) the displacement allowance payable;
(v) the return fare payable to the workman on 'the expiry of the period of his employment and in such contingencies as may be prescribed and in such other contingencies as may be specified in the contract of employment:
(vi) deductions made; and
(vii) such other particulars as may be prescribed:
(c) to furnish in respect of every inter-State migrant workman who ceases to be employed, a return in such form and in such manner as may be prescribed, to the specified authority in the State from which he is recruited and in the State in which he is employed, which shall include a declaration that all the wages and of the dues payable to the workman and the fare for the return journey back to his State have been paid.
(2) The contractor shall maintain the pass book referred to in sub-section (1) up-to-date and cause it to be retained with the inter-State migrant workman concerned
SECTION 13: WAGE RATES AND OTHER CONDITIONS OF SERVICE OF INTER-STATE MIGRANT WORKMEN
- (1) The wages rates, holidays, hours of work and other conditions of service of an inter-State migrant workman shall,-
(a) in a case where such workman performs in any establishment, the same
or similar kind of work as is being performed by any other workman in that establishment be the same as those applicable to such other workman; and
(b) in any other case, be such as may be prescribed by the appropriate Government. Provided that an inter-State migrant workman shall in no case be paid less than the wages fixed under the Minimum Wages Act, 1948.
(2) Notwithstanding anything contained in any other law for the time being in force, wages payable to an inter-State migrant workman under this section shall be paid in cash.
SECTION 14: DISPLACEMENT ALLOWANCE
- (1) There shall be paid by the contractor to every inter-State migrant workman at the time of recruitment, a displacement allowance equal to fifty per cent. of the monthly wages payable to him or seventy-five rupees, whichever is higher.
(2) The amount paid to a workman as displacement allowance under subsection (1) shall not be refundable and shall be in addition to the wages or other amounts payable to him.
SECTION 15: JOURNEY ALLOWANCE ETC
.- A journey allowance of a sum not less than the fare from the place of residence of the inter-State migrant workman in his State to the place of work in the other State shall be payable by the contractor to the workman both for the outward and return journeys and such workman shall be entitled to payment of wages during the period of such journey as if he were on duty.
SECTION 16: OTHER FACILITIES
- It shall be the duty of every contractor employing inter-State migrant workmen in connection with the work of an establishment to which this Act applies,-
(a) to ensure regular payment of wages to such workmen;
(b) to ensure equal pay for equal work irrespective of sex;
(c) to ensure suitable conditions of work to such workmen having regard to the fact that they are required to Work in a State different from their own State;
(d) to provide and maintain suitable residential accommodation to such workmen during the period of their employment;
(e) to provide the prescribed medical facilities to the workmen, free of charge;
(f) to provide such protective clothing to the workmen as may be prescribed; and
(g) in case of fatal accident or serious bodily injury to any such workman, to report to the specified authorities of both the States and also the next of the kin of the workman.
SECTION 17: RESPONSIBILITY FOR PAYMENT OF WAGES
(1) A contractor shall be responsible for payment of wages to each inter State migrant workman employed by him and such wages shall be paid before the expiry of such period as may be prescribed.
(2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed.
(3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer.
(4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of the wages in full or the unpaid balance due, as the case may be, to the inter-State migrant workman employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
SECTION 18: LIABILITY OF PRINCIPAL EMPLOYER IN CERTAIN CASES
- (1) If any allowance required to be paid under section 14-orsection 15-to an inter-State migrant workman employed in an establishment to which this Act applies is not paid by the contractor or if any facility specified in section 16-is not provided for the benefit of such workman, such allowance shall be paid, or, as the case may be, the facility shall be provided, by the principal employer within such time as may be prescribed.
(2) All the allowances paid by the principal employer or all the expenses incurred by him in providing the facility referred to in sub-section (1) may be recovered by him from the contractor either by deduction for any amount payable to the contractor under any contract or as a debt payable by the contractor.
SECTION 19: PAST LIABILITIES
- It shall be the duty of every contractor and every principal employer to ensure that any loan given by such contractor or principal employer to any inter-State migrant workman does not remain outstanding after the completion of the period of employment of such workman under the said contractor or, as the case may-be, in the establishment of such principal employer and accordingly every obligation of an inter-State migrant workman to re-pay any debt obtained by him during the period of his employment from the contractor or the principal employer and remaining unsatisfied before the completion of such period shall, on such completion, be deemed to have been extinguished and no suit or other proceeding shall lie in any court or before any authority for the recovery of such debt or any part thereof.
SECTION 20: INSPECTORS
- (1) The appropriate Government may by notification in the Official Gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers under this Act.
(2) Subject to any rules made in this behalf within the local limits for which he is appointed, an inspector may--
(a) if he has reason to believe that any inter-State migrant workmen are employed in any premises or place enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any
local or other public authority as he thinks fit, such premises or place for the purpose of-
(i) satisfying himself whether the provisions of this Act in relation to the payment of
wages, conditions of service, or facilities to be provided to such workmen are being complied with;
(ii) examining any register or record or notices required to be kept or exhibited by the
provisions of this Act or the rules made thereunder, and requiring the production thereof for inspection;
(b) examine any person found in any such premises or place for the purpose of determining whether such person is an inter-State migrant workman:
(c) require any person giving out work to any workman, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work:
(d) seize or take copies of such register, record of wages, or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by a principal employer or contractor; and
(e) exercise such other powers as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1) and (2), if a State Govern- ment considers it necessary for the purpose of satisfying itself that the provisions of this Act are being complied with in respect of any workmen belonging to that State and employed in an establishment situated in another State, it may, by order in writing, appoint such persons, being persons in the service of that Government, for the exercise of such of the powers mentioned in sub-section (2), as may be specified in that order : Provided that no such order shall be issued without the concurrence of the Government of the Slate in which such workmen are employed or where the establishment is an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2-, without the concurrence of the Central Government.
(4) Any person required to produce any document or thing, or-to give any information required, by an inspector under sub-section (2), or by a person appointed under sub-section (3) shall be deemed to be legally bound to do so within the meaning of section 175-andsection 176 of the Indian Penal Code-.
(5) The provisions of the Code of Criminal Procedure, 1973, shall, so far as may be, apply to any search or seizure under this
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