The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

 
 
 
 
 
 
 
 
INDEX  
The Inter-state Migrant Workmen  
(regulation Of  Employment And Conditions Of Service) Act, 
1979 
 
Section Particulars  
1 Introduction 
 
  
CH. I PRELIMINARY  
1.  Short title, extent, commencement and application.  
2. Definitions.  
 
CH. II REGISTRATION OF ESTABLISHMENT EMPLOYING INTER-STATE 
MIGRANT WORKMEN  
3.  Appointment of registering officers.  
4.  Registration  of  certain  establishments.  
5.  Revocation of  registration in  certain cases.  
6. Prohibitio n agains t employmen t of inter -State  
migrant workmen without registration.  
7.  Appointment of licenceship officers.  
8.  Licensing  of  contractors.  
9.  Grant  of  licences.  
10 . Revocation,  suspension  and  amendment  of  licences.  
11. Appeal.  
CH. IV DUTIES AND OBLIGATIONS OF CONTRACTORS  
12. Duties of contractors.  
 
CH. V WAGES WELFARE AND OTHER FACILITIES TO BE PROVIDED TO INTER- 
STATE MIGRANT WORKMEN  
 
 
13. Wage rates and other conditions of service  
 of inter-State migrant workmen.  
14. Displacement allowance.  
15. Journey allowance etc.  
16. Other facilities.  
17. Responsibility for payment of wages.  
18. Liability of principal employer in certain cases.  
19.  Pas t liabilities.  
 
 
 
 
20.  Inspectors . 
 
CH.VII MISCELLANEOUS 
 
21. Inter-State migrant workmen to be deemed to be in 
employment from date of recruitment for the purposes 
of certain enactments. 
 
22 . Provision s regardin g industria l dispute s in relation  
 to  inter -State  migrant  workmen.  
23 . Registers  and  other  records  to  be  maintained.  
24 . Obstructions.  
25 . Contraventio n of provision s regardin g employme nt  
 of  inter -State  migrant  workmen.  
26 . Othe r offences.  
27 . Offences  by  companies.  
28 . Cognizance  of  offences.  
29 . Limitatio n of prosecutions.  
30 . Effect  of  laws  and  agreements  inconsistent  with  the  Act.  
31 . Power  to  exempt  in  special  cases.  
32 . Pr otection  of  action  taken  under  Act.  
33 . Power  to  give  directions.  
34 . Power  to  remove  difficulties.  
35 . Power  to  make  rules.  
36. Repeals and saving.  
  
 
The Inter-State Migrant Workmen Act, 1979  
 
THE INTER-STATE MIGRANT WORKMEN 
(REGULATION OF EMPLOYMENT AND 
CONDITIONS OF SERVICE) ACT, 1979  
 
 
INTRODUCTION  
In Orissa and in some other States the system of em ployment of Inter-State 
migrant labour known as Dadan Labour is in vogue. I n Orissa Dadan Labour is 
recruited from various parts of the State through contractors or agents called Sardars 
or Khatadars for work outside the State in large construction pr ojects. At the time 
of recruitment Sardars or Khatadars promise that wages calculated in piece-rate 
basis would be settled every month but usually this promise is never kept. Once the 
worker comes under the clutches of the contractor, he takes him to a far-off place 
on payment of railway fare only. No working hours are fixed for these 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 b eing observed in their case and 
they are subjected to various mal practices. The question of protection and welfare 
of Dadan Labour was considered by the Twenty- eight h Session of the Labour 
Ministers’ Conference held on 26th October, 1976 at New Delhi. It was recommended 
to set up a Compact Committee to go into the whole question and to suggest measures 
for eliminating the abuses prevalent in the system.  Accordingly in February, 1977 
the Compact Committee was constituted and it recomm ended, inter alia, that a 
separate Central legislation may be enacted to regu late the employment of inter- 
State migrant workmen as it was felt that the provi sions of the Contract Labour 
(Regulation and Abolition) Act, 1970, even after necessary amend-ments, would not 
adequately take care of the variety of mal practices indulged in by the contractors, 
Sardars or Khatadars. The recommendations of the Compact Committee were 
examined in consultation with the State Governments  and the Ministries in the 
Government of India. Accordingly the Inter-State. M igrant Workmen (Regulation 
of Employment and Conditions of Service) Bill, 1979 was introduced in the Parliament.  
 
 
STATEMENT OF OBJECTSAND REASONS  
The system of employment of inter-State migrant labour (known in Orissa as  
Dadan Labour) is an exploitative system prevalent i n Orissa and in some other  
 
 
 
 
 
  
 
 
States. In Orissa, Dadan Labour is 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 isnot usually k ept. Once the worker comes 
under the clutches of the contractor, he takes him to a far-off place on payment of 
railway fare only. No working hours are fixed for t hese 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 Ministe rs’ Conference (New 
Delhi, October 26,1976) which considered the question ofprotection 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 th eir exploitation. The Compact 
Committee which was constituted in February, 1977, therefore, recommended the 
enactment of a separate Central legislation to regu late the employment of inter- 
State migrant workmen as it was felt that the provi sions 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 hav e been examined 
in consulta-tion 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 employ ed or were 
employed on any day of the preceding twelve months.  It will also 
apply to every contractor who employs or employed five or more  
 
 
 
 
 
The Inter-State Migrant Workmen Act, 1979  
 
 
inter-State migrant workmen on any day of the prece ding 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 Governmen ts, 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 workman 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 
wokmen 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 workman will be entitled to a displacement 
allowance and a journey allowance in addition to his wages.  
(vi) The amenities that are required to be provided  to the workmen 
would include provision of suitable residential acc ommodation, 
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 co mplied with. In 
addition, power has been given to the State Governm ent of the 
home State to appoint, after consultation with the Government of 
the host State, inspectors for visiting the establi shments wherein 
workmen from the former State are employed to see w hether the 
provisions of the legislation are being complied with in the case of  
 
 
 
 
 
 
 
such workmen.  
(viii)The inter-State migrant workman may raise 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 to the Sta te after the 
completion of his contract.  
(ix) Deterrent punishments have been proposed for t he contravention 
of the provisions of the legislation.  
 
 
ACT 30 OF 1979  
 
The Inter-State Migrant Workmen (Regulation of Employment and Conditions 
of Service) Bill, 1979 was passed by both the House s of Parliament. It got the 
assent of the President on llth June, 1979 and came  on the Statute Book as THE 
INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYME NT 
AND CONDITIONS OF SERVICE)ACT, 1979 (30 of 1979).  
 
 
 
 
 
The Inter-State Migrant Workmen Act, 1979  
 
THE INTER-STATE MIGRANT WORKMEN 
(REGULATION OF EMPLOYMENT AND 
CONDITIONS OF SERVICE) ACT, 1979  
 
 
(30 of 1979)  
 
 
[11th June, 1979]  
An Act to regulate the employment of inter-State mi grant workmen and to 
provide for their conditions of service and for mat ters connected therewith.  
BE it enacted by Parliament in the Thirteenth Year of the Republic of India as 
follows:—  
CHAPTER I 
PRELIMINARY  
1 . Short title, extent, commencement and applicati on. —(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 date 1 as 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 for ce.  
(4) It applies—  
(a) to every establishment in which five or more in ter-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.  
2 . Definitions. —(1) In this Act, unless the context otherwise requ ires,— 
(a) “appropriate Government” means,—  
(i)   in relation to—  
(1) any establishment pertaining to any industry ca rried 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  
 
1. Came into force on 2nd October, 1980, vide G .S.R. 513(E), dated llth August, 1980, published 
in the Gazette of India, Extra., Pt. II, Sec. 3(i), p. 891.  
 
 
 
 
 
 
(2) any establishment of any railway, Cantonment Bo ard, major port, mine 
or oil-field; or  
(3) any establishment of a banking or insurance com pany 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, agent, 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 t o the 
establishment, and includes a sub-contractor, Khatadar , Sardar, agent 
or any other person, by whatever name called, who recruits or employs 
workmen;  
(i)  the  
(c) “controlled industry” means any industry the co ntrol of which by the 
Un ion has been declared by any Central Act to be e xpedient 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 agree ment or other 
arrangement for employment in an establishment in a nother State, 
whether with or without the knowledge of the princi pal employer in 
relation to such establishment;  
(f) “prescribed” means prescribed by rules made und er this 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 a uthority or such 
other officer as the Government or the local author ity, as the case 
may be, may specify in this behalf;  
(ii)   in relation to a factory, the owner or occup ier of the factory and 
where a person has been named as the manager of the  factory 
under the Factories Act, 1948 (63 of 1948), the person so named;  
(iii)  in relation to a m ine, the owner or agent of the mine and where a 
person has been named as the manager of the mine, t he person so 
named;  
 
 
 
 
 
The Inter-State Migrant Workmen Act, 1979  
 
(iv) in relation to any other establishment, any pe rson responsible for 
the supervision and control of the establishment.  
Explanation. — For the purposes of sub-clause (iii) of this clause, the expres-sions 
“mine”, “owner” and “agent” shall have the meanings respectively assigned to them 
in clause (j), clause (e) and clause (c) of sub-sec tion (1) of section 2 of the Mines 
Act,1952 (35 of 1952);  
(h) “recruitment” includes entering into any agreem ent 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 i n clause (vi) of section 2 
of the Payment of Wages Act, 1936 (4 of 1936);  
(j) “workman” means any person employed in or in co nnection 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 impli ed, but does not 
include any such person—  
(i)   who is employed mainly in a managerial or administration capacity;  
or  
(ii)  who, being employed in a supervisory capacity , draws wages 
exceeding five hundred rupees per mensem, 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 a managerial nature.  
(2) Any reference in this Act to any law which is n ot 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.  
 
 
COMMENTS  
(i) The expressions “mine”, “owner” and “agent” hav e the same meanings as 
respectively assigned to them in clause (j), clause  (1) and clause (c) of sub-section 
(1) of section 2 of the Mines Act, 1952. Clause (j) , (I) and (c) of the Mines Act, 1952 are 
as under:  
(j) “Mine” means any excavation where any operation  for the purpose of 
searching for or obtaining minerals has been or is being carried on and 
includes.—  
(i)   all borings, bore holes, oil wells and accessory crude conditioning 
plants, including the pipe conveying mineral oil within the oil fields;  
(ii)  all shafts, in or adjacent to and belonging to a mine, whether in the 
course of being sunk or not;  
(iii)  all levels and inclined planes in the course of being driven; (iv) all 
open cast workings;  
 
 
 
 
 
 
(v)   all conveyors or aerial ropeways provided for the bringing into or removal 
from a mine of minerals or other articles or for th e removal of refuse 
therefrom;  
(vi) all adits, levels, planes, machinery, works, railways, tramways and sidings 
in or adjusted to and belongings to a mine;  
(vii) all protective works being carried out in or adjacent to a mine;  
(viii)   all workshops and stores situated within t he precincts of a mine and 
under the same management and used primarily for th e purposes 
connected with that mine or a number of mines under  the same 
management;  
(ix) all power stations, transformer sub-stations, converter stations, rectifier 
stations and accumulator, storage stations for supplying electricity solely 
or mainly for the purpose of working the mine or a number of mines 
under the same management;  
(x) any premises for the time being used for deposi ting sand or other material 
for use in a mine or for depositing refuse from a mine or in which any 
operations in connection with such sand, refuse or other material is 
being carried on, being premises exclusively occupied by “the owner of 
the mine;  
(xi) any premises in or adjacent to and belonging t o a mine on which any 
process ancillary to the getting, dressing or prepa rations for sale of 
minerals or of coke is being carried on;  
(1) “Owner”, when used in relation to a mine, means  any person who is the 
immediate proprietor or lessee or occupier of the m ine or of any part 
thereof and in the case of a mine the business whereof is being carried 
on by a liquidator or receiver, such liquidator or receiver but does not 
include a person who merely receives a royalty, ren t or fine from the 
mine, or is merely the proprietor of the mine, subj ect it to any lease, 
grantor licence for the working thereof, or is mere ly the owner of the 
soil and not interested in the minerals of the mine; but any contractor or 
sub-lessee for the working of a mine or any part thereof shall be subject 
to this Act in like manner as if he were an owner, but not so as to 
exempt the owner from any liability;  
(c) “agent”, when used in relation to a mine, means  every person, whether 
appointed as such or not, who, acting or purporting to act on behalf of 
the owner, take part in the management, control, supervision or direction 
of the mine or of any part thereof;  
(ii)   “Wages” have the same meaning as assigned to it in clause (vi) of 
section 2 of the Pay merit of Wages Act, 1936. Clause (vi) of section  
2 of the Payment of Wages Act, 1936 is as under:  
 
 
 
 
 
The Inter-State Migrant Workmen Act, 1979  
 
(vi) “wages” means all remuneration (whether by way  of salary, 
allowances, or otherwise) expressed in terms of money or capable 
of being so expressed which would, if the terms of employment, 
express or implied, were fulfilled, be payable to a person employed 
in respect of his employment or of work done in such employment, 
and includes—  
(a) any remuneration payable under any award or set tlement between the 
parties or order of a court;  
(b) any remuneration to which the person employed i s entitled in respect of  
over- time work or holidays or any leave period;  
(c) any additional remuneration payable under the t erms of employment  
(whether called a bonus or by any other name);  
(d) any sum which by reason of the termination of employment of the person 
employed is payable under any law, contract or instrument which provides  
for the payment of such sum, whether with or without deductions, but  
does not provide for the time within which the payment is to be made; 
(e) any sum to which the person employed is entitle d under any scheme 
framed under any law for the time being in force, but does not include—  
(1)  any bonus (whether under a scheme of profit sharing or otherwise)  
which does not form part of the remuneration payabl e under the 
terms of employment or which is not payable under a ny award or 
settlement between the parties or order of a Court;  
(2)  the value of any house-accommodation, or of th e supply of light, 
water, medical attendance or other amenity or of an y service 
excluded from the computation of wages by general or special order  
of the State Government;  
(3) any contribution paid by the employer to any pe nsion or provident 
fund, and the interest which may have accrued thereon;  
(4) any travelling allowance or the value of any travelling concession: 
(5) any sum paid to the employed person to defray s pecial expenses  
entailed on him by the nature of his employment; or 
(6)  any gratuity payable on the termination of emp loyment in cases  
other than those specified in sub-clause (d).  
 
 
CHAPTERII  
REGISTRATION OFEST ABLISHMENTEMPLOYING 
INTER-ST ATE MIGRANTWORKMEN  
3 . Appointment of registering officers.— The appropriate Government may, 
by order notified in the Official Gazette,—  
(a) appoint such persons, being officers of Governm ent, as it thinks fit to be 
registering officers for the purposes of this Chapter; and  
(b) define the limits, within which a registering o fficer shall exercise the 
powers conferred on him by or under this Act.  
 
 
 
 
 
 
 
COMMENTS  
The appropriate Government may, by notification in the Official Gazette, appoint 
registeringofficers and define their respective lim its of jurisdiction and powers under 
the Act.  
 
4 . 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 on payment of such fees as 
may be prescribed, for the registration of the establishment:  
Provided that the registering officer may entertain any such appl ication for 
registration after the expiry of the period fixed i n that behalf, if the registering 
officer is satisfied that the applicant was prevent ed by sufficient cause from 
making the application in time.  
(2) Within one month after the receipt of an applic ation for registration 
under sub-section (I), the registering officer shall,—  
(a) if the application is complete in all respects,  registerthe 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 ofthe establishment.  
(3) Where within a period of one month after the re ceipt of an application 
for registration of an establishment under sub-sect ion (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 ofthe receipt of an application in this 
behalf, from the principal employer, registerthe establ ishment and issue to the principal 
employer a certificate of registration in the prescribed form.  
 
 
COMMENTS  
An application for registration of an establishment  must be moved by the principal 
employer thereof within sucli period as the appropr iate Government may, by notification 
in the Official Gazette, fix in that behalf, and in  such form and manner and on payment of 
such fees as may be prescribed.  
 
5 . Revocation of registration in certain cases. —If the registering officer is 
satisfied, either on a reference made to him in thi s behalf or otherwise, that the 
registration of any establishment has been obtained  by misrepresentation or 
suppression of any material fact or that for any ot her 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 ofthe establishment  
 
 
 
 
 
The Inter-State Migrant Workmen Act, 1979  
 
to be heard and with the previous approval ofthe ap propriate Government, revoke 
by order in writing the registratioon and communica te the order to the principal 
employer:  
Provided that where the registering officer considers it necessar y so to do for 
any special reasons, he may, pending such revocatio n, by order suspend the 
operation ofthe certificate of registration for suc h period as may be specified 
in the order and serve, by registered post, such or der along with a statement 
ofthe reasons on the principal employer and such or der shall take effect on 
the date on which such service is effected.  
 
 
COMMENTS  
The registering officer may revoke the registration  of any defaulting establishment 
after giving an opportunity to the principal employ er thereof to be heard and with the 
prior approval ofthe appropriate Government.  
 
6 . Prohibition against employment of inter-State m igrant workmen without 
registration.— No principal employer of an establishment to which this Act applied 
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.  
 
 
COMMENTS  
Employment of inter-State migrant workmen in any es tablishment is prohibited 
unless it is duly registered under this Act.  
 
 
CHAPTERIII LICENSING OF 
CONTRACTORS  
7 . Appointment of licenceship officers. —The appropriate Government, by  
order notified in the Official Gazette,—  
(a) appoint such persons, being officers of Governm ent, as it thinks fit to be 
licensing officers for the purposes of this Chapter; and  
(b) define the limits, within which a licensing off icer shall exercise the 
jurisdiction and powers conferred on licensing offi cers by or under 
this Act,  
 
 
 
 
 
 
 
COMMENTS  
The appropriate Government may, by notification in the Official Gazette appoint 
licensing officers and define their respective limits of jurisdiction and powers under this Act.  
 
8 . Licensing of contractors. —(1) With effect from such date 1   as the 
appropriate Government may, by notification in the Official Gazette, appoint, 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 ref erred 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 ref erred 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 wor k 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 ref erred to in sub-clause 
(i) of clause (a) of sub-section (I) of section 2, by the licensing 
officer appointed by the Central Government who has jurisdiction 
in relation to the area wherein the establishment is sitauted;  
(ii)   if such establishment is an establishment referred to in sub-clause 
(ii) of clause (a) of sub-section (I) of section 2,  by the licensing 
officer appointed by the State Government who has jurisdiction in 
relation to the area wherein the establish-ment is situated.  
(2) Subject to the provisions of this Act, a licenc e under sub-section (1) 
may contain such conditions including, in particular, the terms and conditions of the 
agreement or other arrangement under which the work men 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:  
 
 
1. 1-6-1987, vide S.O. 630(E), dated 25th June, 1987.  
 
 
 
 
 
The Inter-State Migrant Workmen Act, 1979  
 
Provided that if for any special reasons, the licensing officer i s 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 communicat ing such reasons to such 
person and giving him an opportunity to represent h is case, determine in 
accordance with the rules made in this behalf the s ecurity which shall be 
furnished by such person for obtaining or, as the c ase may be, for continuing 
to hold the licence.  
(3) The security wh ich may be required to be furni shed under the proviso 
to sub-section (2) shall be reasonable and the rule s 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.  
9 . Grant of licences. —(1) Every application for the grant of a licence u nder 
sub-section (1) of section 8 shall be made in the prescribed form and shall contain 
the particulars regarding the location of the estab lishment, the nature ofprocess, 
operation or work for which inter-State migrant wor kmen are to be employed and 
such other particulars as may be prescribed.  
(2) The licensing officer may make such investigati on 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 val id for the period specified 
therein and may be renewed from time to time for su ch period and on payment of 
such fees and on such conditions as may be prescribed.  
 
 
COMMENTS  
The licensing officer may investigate in respect of  an application by following such 
procedure as may be prescribed.  
 
10. Revocation, suspension and amendment of licence s. —(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 obta ined 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 revocatio n or forfeiture, by order, 
suspend the operation of the licence for such perio d as may be specified in the 
order and serve, by registered post, such order alo ng 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 b ehalf, the licensing officer 
may vary or amend a licence granted under section 8.  
 
 
COMMENTS  
The licensing officer may revoke, suspend and amend  the licence after giving the 
licensed holder an opportunity to be heard.  
 
11. Appeal. —(1) Any person aggrieved by an order made under se ction 4, section  
5, section 8 or section 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 afte r the expiry of 
the said period of thirty days, if he is satisfied that the appellate 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 appellate an opportunity of being heard, dispose of the appeal 
as expeditiously as possible.  
 
 
COMMENTS  
Any person aggrieved by an order made under section s 4,5,8, and 10 may within 
thirty days from the knowledge of such order, prefe r an appeal to an appellate officer 
nominated by the appropriate Government in this beh alf. Sufficient cause have to be given 
for condonation of dealy in filing the appeal in st atutory time under this Act.  
 
 
CHAPTER IV  
DUTIESAND OBLIGATIONS OF CONTRACTORS  
12. Duties of contractors. —(1) It shall be the duty of every contractor— (a) to 
furnisji such particulars and in such form as may b e prescribed, tojhe 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,, suc h change shall be notified to the 
specified authorities of both the States;  
 
 
 
 
 
The Inter-State Migrant Workmen Act, 1979  
 
(b) to issue to every inter-State migrant workmen, 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 where in 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 migr ant workman who ceases 
to be employed, a return in such form and in such m anner 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 other dues payab le 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 ref erred to in sub-section 
(1) up-to-date and cause it to be retained with the  inter-State migrant workman 
concerned.  
Explanation.— For the purposes of this section and section 16 “specified authority” 
means such authority as may be specified by the app ropriate Government in 
this behalf.  
 
 
CHAPTER V 
W AGES WELF AREAND OTHER F ACILITIES TO BE PROVIDED 
TO INTER-STA TE MIGRANTWORKMEN  
13. Wage rates and other conditions of service of i nter-State migrant 
workmen. —(1) The wage rates, holidays, hours of work and ot her conditions of 
service of an inter-State migrant workman shall,—  
(a) in a case where such workman performs in any es tablishment, 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 m igrant workman shall in no case be  paid less 
than the wages fixed under the Minimum Wages Act, 1 948 (41 of 1948).  
(2) Notwithstanding anything contained in any other  law for the time being 
in force, wages payable to an inter-State migrant workmen under this section shall 
be paid in cash.  
 
 
COMMENTS  
(i) Section 13 deals with the wage rates, holidays,  hours of work and other 
conditions of service of inter-state migrant workme n.  
(ii) An inter-State migrant workman shall in no cas e be paid less than the wages 
fixed under the Minimun Wages Act, 1948.  
(iii) Wages payable to an inter-State migrant workm an/under this section shall 
be paid in ‘cash’ and not in any other manner/form. 
 
14. Displacement allowance. —(1) There shall be paid by the contractor to every  
inter-State migrant workman at the time of recruitm ent, adisplacement 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 al lowance under sub- 
section (1) shall not be refundable and shall be in  addition to the wages or other 
amount payable to him.  
 
 
COMMENTS  
Every inter-State migrant workman is entitled to a displacement allowance at the 
time of recruitment, which may be either seventy-fi ve rupees or half of the monthly wages 
payable to him, whichever is higher . 
 
15. Journey allowance etc. — A journey allowance of a sum not less than the fare  
from the place of residence of the inter-State migr ant 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 w orkman shall be entitled to 
payment of wages during the period of such journeys as if he were on duty. 
 
 
COMMENTS  
Every inter-State migrant workman is entitled to payment of wages during the period 
of journeys on duty and is also entitled to’ journe y allowance’ for outward and return 
journeys from the place of residence in his State t o the place of work in the other State.  
 
16. Other facilities. —It shall be the duty of every contractor employing  inter- 
State migrant workmen in connection with the work o f an establishment to which 
this Act applies,—  
(a) to ensure regular payment of wages to such work men;.  
 
 
 
 
 
The Inter-State Migrant Workmen Act, 1979  
 
(b) to ensure equal pay for equal work irrespective  of sex;  
(c) to ensure suitable conditions of work to such w orkmen 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 ac commodation 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 work men as may be prescribed;  
and  
(g) in case of fatal accident or serious bodily inj ury to any such workman, 
to report to the specified authorities of both the States and also the next 
of kin of the workman.  
17. Responsibility for payment of wages. —(1) A contractor shall be responsible 
for payment of wages to each inter-State migrant wo rkman 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 repre sentative 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 ensur e 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 fu II 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 p ayable by the contractor. 
18. Liability of principal employer in certain case s. —(1) If any allowance 
required to be paid under section 14 or section 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) Al 1 the allowances paid by the principal emplo yer 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 from  any amount payable to the 
contractor under any contract or as a debt payable by the contractor. 
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 t he 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 comple-tion 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.  
 
 
CHAPTER VI 
INSPECTINGSTAFF  
20. Inspectors. —(1) The appropriate Government may, by notificatio n 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, withi n the local limits for which 
he is appointed, an inspector may—  
(a) if he has reason to believe that any inter-Stat e 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 th is 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 re quired 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 o r place for the purpose 
of determining whether such p

Excerpt shown. Open the full act in Lexace.

‹ Prev All Haryana acts Next ›