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REGISTERED No. D. (D.) 72

The Gazette of India

EXTRAORDINARY

PART II--Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 267] NEW DELHI, THURSDAY, SEPTEMBER 4, 1980/BHADRA 13, 1902

Separate paging is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF LABOUR

NOTIFICATIONS

New Delhi, the 11th August, 1980

G.S.R. 513(E).—In exercise of the powers conferred by sub- section (3) of section 1 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), the Central Government hereby appoints the 2nd day of October, 1980, as the date from which all the provisions of the said Act shall come into force.

[F. No S. 16027/10/79-L.W.(Vol II)]

659 GI/80—1

(891)

659 GJ/80—2

659 QI/80-3

Id) "Form" means a foim appended to these rules;

fe) "inspector" means an inspector appointed by the Cen-

tral Government under see-'.ion 20;

(f) "licensing oflicci" means the licencing officer appointed

by the Central Government under section 7:

(g) "migrant workman" means an inter-State Migrant

workman as -defined in section 2;

Ih) "registering officer" means the registering officer ap- pointed by the Central Government under section 3;

ti) "section¹' means a section of the Act;

(j) 'specified authority" means the authority specified by the Central Government for the purposes of sec- tion 12 and 16; and

there has occurred a change in the particulars of the estab- lishment, ns entered in the register in Form III, he shall amend the said register and record therein the change thus occurred :

Provided that no such amendment shall affect anything done or any action taken or nny right, obligation of liability ucquired or incurred before such amendment :

Provided further that the registering officer shall not carry out any amendment in the register in Form III unless the appropriate fees have been deposited bv the principal em- ployer.

7. Application for a licence :—(1) Every application by a contractor for the giant of a licence for recruiting a person under clause (a) of sub-section (1) of section 8 shall be made in triplicate in Form IV to the licensing officer having jurisdiction in relation to the area wherein recruitment is made.

(2) Every application by a contractor for employ- inn a migrant workman under clause^ (b) of sub- section (1) of section 8 shall be made, in Form V to the licensing officer having jurisdiction, in rela- tion to the area wherein the establishment is situated.

(3) (0 Every application for the grant of a licence under sub-rule (1) or sub-rule (2), shall be accompanied by a certificate of the principal employer in T-orm VT to the effect that he undertakes to be bound by all the provisions of the Act and the rules made thereunder so far us they are appli- cable to him in respect of the recruitment or employment of the migrant workmen, in respect of which

(ii) Every such application shall be either personally delivered to the licensing officer concerned or sent to him by registered post.

(4) On receipt of the application referred to in sub-rule (1) or sub-rule (2), the licensing officer concerned shall, after noting thereon the date of receipt of the application, grant an acknowledgement to the applicant.

(5) Every application referred to in sub-rule (1) shall also be accompanied by the receipt obtained as required bv rule 20.

8. Matters to be taken into account in granting or re- fusing a licence :—In granting or refusing to grant a licence the licensing officer shall take the following matters into account, namely :-—

(a) Whether the, applicant—

(i) is a minor, or

(ii"l is of unsound mind and stands "o declared by a

competent court, or

(iii) is an undischarged insolvent, or

(iv) has been convicted at any time during the period of five years immediately preceding ths date of application, of an offence which, in the opinion of the Central Government, involves moral tur- pitude ;

(b) whether any order has been made in respect of the applicant under sub-section (1) of section ?0, and. if so, whether a period of three years has elapsed from the date of that order.

(c) whether the fees for the application has been de- posited at the rates specified in Rule 12, and

(d) whether security, wherever necessary, has been de- posited bv the applicant at the rates specified in sub-rule (1) of Rule 10.

y. Refusal to issue licence:—(1) On receipt of the appli- cation from the Contractor, and as soon as possible therc- jficr, the Licensing Oflkcr shall investigate or cause inves- li>;;ition to be made to satisfy himself about the correctness of the facts and particulais furnished in such application and the eligibility of the applicant for a licence.

(2) (i) Where the Licensing Oflicer of the opinion that the licence should not be issued, he shanr after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application.

(ii) The order shall record the reasons for the refusal and

shall be communicated to the applicant.

10. Security:—(1) Where the licensing officer is satisfied in accordance with the procedure laid down in the proviso to sub-section (2) of section 8, that any person who has applied for or who has been issued a licence should furnish security for the due performance of the conditions of the licence, he shall prepare an estimate of the amount needed to provide for recruitment or employment of migrant workmen on the basis of the factors specified¹ in sub-section (3) of the said section and after considering the solvency of such person, determine the amount of the security to be furnished by such person which shall not exceed forty per cent of the amount estimated by him.

(2) Where the applicant for the licence was holding a licence in regard to another work and that licence had ex- pired, the Licensing Officer, if he is of the view that any amount out of the security, if nny, deposited in respect of that licence is to be refunded to the applicanf under Rule 17, he may on an application made for that purpose in form VII by the applicant adjust the amour* so to be refunded towards the security, if any. required to be deposited in res- pect of the application for trie new licence and/ the' appli- cant need deposit, is such a ca.se-, only the balance amount, if any, after making such adjustment.

11. Forms f>nd terms and conditions of licence :—(1) Every licence issued under sub-section (1) of Section 8 shall be in Form VTTT.

(2) Every licence granted under sub-rule (1) or renewed under Rule 15 shall be subject to the following conddtiona, namely—

(i) the licence shall be non-transferable ;

(ii) the terms and conditions of the agreement or arrangement or the arrangement under which the migrant workmen h recruited or employed ;

(iii) the number of migrant workmen recruited or em-

ployed ;

(iv) the number of workmen recruited or employed as migrant workmen in the establishment shall not, on any day, exceed the maximum number specified in condition (iii) ;

(v) the rates of wages payable to the migrant workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948, for such employment and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed ;

(vi) Savc_ as provided in these Rules the fees paid for the issue, or as the case may be for renewal of licence shall be non-refundable ;

(vii) (a) in cases where the migrant workmen recruited or employed by the corrtractor perform the same or similar kind of work as the workmen directly employed by the principal Employer of the estab- lishment, the wage rates, holidays, hours, of work and other conditions of service of the migrant work- men of the contractor shall be the same as appli- cable to the workmen directly employed by the Principal Fmployer of the establishment on the same or similar kind of work :

Provided! that in the case of any disagreement with regard to the type of work, the same shall he decided by the Peputy

Chief Labour Commissioner (Central) whose decision thereon shall be final;

(b) in other cases, tbo wage rates, holidays, hours of work and conditions of service of the migrant workmen recruited or employed by the Contractor shall be such as prescribed in these Rules.

(viil) every migrant workman shall be entitled to allow- ances, benefits, facilities etc., as prescribed! in tho Act and the Rules ;

(ix) no female migrant workman shall be employed by any Contractor before 6 AM or after 7 PM :

Provided that this clause shall not apply to the employ- ment of female migrant workman In Pit head Baths; Creches and canteens and Mldwives and Nurses In hospitals and dispensaries.

(x) the Contractor shall notify any change in the num- ber of migrant workmen or the conditions of work to the Licensing Officer :

(xi) the Contractor shall comply with all the provisions

of the Act and the Rules.

(xil) a copy of the licence shall be displayed prominently at the premises where the migrant workmen are employed.

(xiii) the period for which the licence shall be valid.

12. Fees:—(1) The fees to be paid for the grant of certificate of registration of an establishment under section 4 shall be as specified below :—

If the number of migrant workmen proposed to be employed

in the establishment on any day—•

Rs. Ps.

(a) is 5 but does not exceedj 20 30.00 , (b) exceeds 20 but does not exceed 50 75.00 (c) exceeds 50 but does not exceed 100 150.00 (d) exceeds 100 but does not exceed 200 80.00 (e) exceeds 200 but does not exceed 400 600.00 750.00 (f) exceeds 400

(2) The fees to be paid for the grant of licence under

section 7 shall be as specified below :—

If the number of migrant workmen recruited or employed

by the contractor of any day—

Rs. Ps.

(a) is 5 but does not exceed 20 10,00 (b) exceeds 20 but does not exceed 50 20.00 (c) exceeds 50 but does not exceed 100 40.00 (d) exceds 100 but does not exceed 200 80.00 (e) exceeds 200 but does not exceed 400 160.00 200.00 (f) exceeds 400

13. Amendment of the licence.—(1) A licence issued under Rule 11 or renewed under Rule 15 may, for good and suffi- cient reasons be amended by the Licensing Officer.

(2) The contractor who desires to have the licence amend- ed shall submit to the licensing officer an application stating the nature of amendment and reasons therefor.

(3) (1) If the licensing officer allows the application he shall require the applicant to furnish a crossed demand draft for the amount if any, by which the fees that would have been payable if the licence had been originally issued In the nmneded form exceds the fee originally paid for the licence.

0'i) on the applicant furnishing the requisite receipt, the licence shall be amended' according to the orders of the licensing officer.

(4) Where the application for amendment is refused, the licensing officer shall record the reasons for such refusal and communicate the same to the applicant.

14. Renewal of licence:—(1) Every contractor may apply

to the licensing officer for renewal of the license 659 Gl/80—4

(2) The application shall be in Form IX in triplicate and shall be made not less than thirty days before the date on which the licence expires, and if the application is so made the licence shall be deemed to have been renewed until such 'date when the renewed licence is issued.

(3) The fees ckirgeable for renewal of the licence shall

be same as for the grant thereof :

Provided that if the application for renewal Is not received within the time specified in sub-rule (2), a fee of twenty-five per cent in excess of the fee ordinarily payable for the licence

' shall be payable for such renewal :

Provided further that in case where the licensing officer Is satisfied that the delay in submission of the application is dlue to unavoidable circumstances beyond the control of the contractor, hi may reduce or remit as he deems fit the payment of such excess fee,

15, Period of renewal of the licence:—Every licence re- newed under this rule 15 shall remain in force for a further period of twelve months from the date of the order of renewal.

16, Issue of duplicate certificate of registration or licence:— Where a certificate or registration or licence granted or renewed under the preceding Rules has been lost, defaced or accidentally destroyed, a duplicate thereof may be granted on payment of fees of Rs. 10.

17, Refund of security:—(1) (i) On expiry of the penoct of licence the contractor may, if he does not intend to have his licence renewed or get the security amount adjusted in respect of his fresh application for licence in terms of sub- rule (2) of Rule, 10 make an application to the licensing officer for the refund of the security, if any, deposited by him under Rule 10.

(II) If the licensing officer is satlsfiad that there is no breach of the conditions of licence or there Is no order under section 10 for the forefeiture of security or any portion thereof, he shall direct the refund of the security to the appli- cant.

(2) If there Is any order directing tho forefeiture of the whole or any part of the security, the amount to be fore- felted shall be deducted from the security deposit, and balance, if any, shall be refunded to the applicant.

(3) The application for refund shall as far as possible, he disposed of within sixty days of the receipt of the applica- tion.

J8. Appeals and procedure:—(1) (i) Every appeal under section 11 shall be preferred in the form of a memorandum signed by the applicant oi his authorised agent an;1 presented the appellate officer in person or sent to him bv registered post.

(ii) The memorandum shall be accompanied by a certi- fied copy of the order and a crossed demand draft for Rs. 25.

(2) The memorandum shall set forth precisely and under distinct heads the grounds of appeal to the order appealed from.

(3) Where the memorandum of appeal docs not comply with the provisions of sub-rule (2) it may be rejected or returned to the appellant for the purpose of being amended within a time to be fixed by the Appellate Officer.

(4) Where the appellate officer rejects the memorandum of appeal under sub-rule (3), he shall record the reasons for such rejection and communicate the same to the appel- lant.

(5) Whore the memorandum of appeal is in order, the appellate officer shall admit the Hppcal, endorse thereon thv> date of presentation and shall register the appeal in the register of appeals kept for the purpose.

(6) (i) When the appeal has been admitted, thy appellate officer shall send a notice to the Registering Officer or the licensing officer, as the case may be, from whose order the appeal has been preferred. Tbo Registering Officer or as the caie may be, the Licensing Officer shall thereupon send the record of the case to the appellate officer

(ii) On receipt of the record the appellate officer shall send a notice to the appellant to appear before him on such date and time as may be specified in the notice for the hear- ing of the appeal.

(7) If on the date fixed for the hearing, the appellant does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellant.

(8) (I) Where an appeal has been dismissed under sub- nil© (7), the appellant may apply to the appellate officer for re-admission of the appeal, and where it is proved that he was prevented by any sufficient cause from appearing when appeal was called on for hearing, the appellate officer shall restore tba appeal on its original number,

(ii) An application under clause (i) shall, unless the appellate officer extend the time for sufficient reason, be made within thirty days of the date of dismissal.

(9) (i) Jf the appellant is present when the appeal is called on for bearing, the appellate officer shall proceed to hear the appellant for bis authorised agent and any other person summoned by him for the purpose, and pronounce judgement on the appeal either confirming, rcvcrsinn or modifying the order appealed from.

(il) The Judgement of the appellate officer shall state the points for determination, decisions thereon and the reasons for the decisions.

(iii) The order shall be communicated to the appellant and a copy thereof shall be sent to the registering officer or the licensing officer, as the case may be, from whose order the appeal has been preferred.

19. Obtaining of copies of orders:—A copy of the order of the registering officer, licensing officer or appellate officer may be obtained on payment of fees of Rs, 2 per copy of each order on application specifying the date and other particulars of the order, made to the officer concerned.

20. Payment of fees and security deposits:—(1) The pay- ment of the various fees relating to registration, licensing and security deposits shall be made through a crossed De- mand Draft drawn in favour of the concernedl departmental officer and payable at the station at which he stationed alongwith a Treasury Challan duly filled in indicating the relevant bead of account creditable to the accounts of thfi concerned Pay and Accounts Office.

(2) The heads of accounts under which the receipts re- lating to the fees for registration, licensing and appeals etc. shall be credited will be "B-Non-Tax Revenue-087 Labour and Employments-Receipts under the Inter-State Migrant Workmen (Regulation and Condition of Service) Central Rule-1980". The Security deposits ere to be booked under the head "Deposits Advances-(b)". Deposits not bearing interest-R43-Civil Deposits-Security Deposits.

CHAPTER in

Duties of the Contractor

21. Particulars of migrant workman:—Every contractor shall furnish to the specified authorities the particulars re- carding recruitment and employment of migrant workmen in Form X.

(2) The particulars shall be either personally delivered by the contractor to the concerned specified authorities or sent to them by registered post,

22. Return fare:—The contractor shall pay to tho migrant workman the return fare from the place of employment to the place residence in the home-state of the migrant work- man on tho expiry of the period of employment and also on his— i

(e) termination of service before the expfry of the period of employment for any reason what-so-ever;

(b) being incapacitated for further employments on account of injury or continued ill-health duly certi- fied as such by a registered medical practitioner;

(c) cessation of work in the establishment which is not due to any fault on the part of the migrant work- man ; and

(d) resignation from service on account of non-fulfil- ment of terms and conditions of his employment by the contractor.

23. Pass Book:—(1) In the pass book referred to in

' clause (4) of sub-section (1) of section 12, the following

additional particulars shall be indicated, namely ;—

(a) tho dpto of recruitment;

(b) the date of employment;

(c) total attendance/unit of work done (in respect of piece-rated migrant workman)/total wages earn- ed/deductions if any made/net amount paid and signature of contractor or his duly authorised representative with date ; and (These entries shall be made separately in respect of each wage period within three days from the date of payment).

(d) name find address of the next of kins of migrant

workman.

(2) In case of fatal accident or serious bodily Injury to any migrant workman, the contractor shall immediately send telegrams to the specified authorities of both the States and also the next of the kins of the migrant workman intimating death or tho nature of serious bodily injury sustained by the migrant workman, as the case may be, date, place and nature of accident. Tho contractor shall further send written report to the specified! authorities concerned ami the next of the kin of the migrant workman, undermentioned particulars, by registered post within 24 hours of tho occurrence of tho accident:— i

(I) Name of the migrant workman;

(II) Date, place and nature of accident;

(iti) Condition of the migrant workman (If alive) ;

(iv) Action taken by tho contractor/principal employer ;

(v) Remarks.

(3) If the contractor fails to send the telegraphic intima- tion and/or written report as required under sub-rulo (2), the principal employer shall comply with the requirements of sub-rulo (2) as early as possible but In any case not later than 48 hours of the time of occurrence of the accident.

24. Return and Report:—Every contractor shall furnish a return regarding migrant workmen who have ceased to be employed in Form XI to the specified authorities concerned either personally or by registered post so as to reach them not later than 15 days from the date of the mgrant workman ceases to be employed.

CHAPTER TV

Wage*

25. Rate of wages:—The rate of wages of a migrant workman in an establishment where he is required to work which is neither same nor of similar kind as is being per- formed by any other workman in that establishment shall not be less than the rate of wages paid by the principal employer to a workman in the lowest category of workman directly employed by him in thnt establishment or the mini- mum rates of wages notified by the Central Government under the Minimum Wages Act, 1948 for the same or similar type of work performed by workmen in any sche- duled employment in the area in which the establishment Is located), or the rates of wages payable to the workmen for performing same or similar kind of work in that establish- ment in the State in which the establishment is located. vvhichevcr is higher :

Provided that if there is any dispute in this regard or with regard to applicability of wage rates to a migrant workman under sub-clause (b) of sub-section (1) of section 13, the same shall be decided by th" Deputy Chief Labour Commis- sioner (Central) whose decision shall be final.

26. Wage period:—The contractor shall fix wage periods

in respect of which wages shall be payable.

27. No wage period shall exceed one month.

"28. Payment of wages.—The wages of every migrant workman in an establishment by a contractor where less than 1000 workmen are employed shall be paid before ttw expiry of the seventh day and in other cases before the expiry of tenth day every month,

29. Payment on termination:—Where the employment of any migrant workman is terminated by or on behr.ilf of the contractor, the wages earned by the migrant workman shull bfe paid before the expiry of the second working day from the day on which his employment is terminated.

30. Mode of payment.—All payments of wages shall be made by the contractor on working day at the work premises and during the working time and on a date notified in ad- vance and in case the work is completed before the expiry of final payments shHll be mado within forty^eight hours of the last working day.

31. Wages due to every migrant workman shall be paid to him direct or to "trier persons duly authorised by him in this behalf.

32. All wages shall bo paid irj current coin or in currency or in both. Wages shall be paid without any deduction of any kind except those specified by the Central Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936,

33. A notice showing the wage period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the Contractor to the Principal Employer under acknowledgement.

34. The principal employer shall ensure the presence of his authorised representative at the place and time of dis- bursement of wages by the contractor to the migrant work- man; and it shall be the dutyi of the contractor to ensure the disbursement of wages in the presence of such authorised representative.

35. The authorised representative of the principal employer shall record under his signature a certificate at the end of all the entries in the register of wages or the wages-cum- muster roll, as the case may be, in the following foim :—

"Certified that the amount shown in column No, has been made to the migrant workman concerned in my presence on "

CHAPTER V

Medical and other facilities to be provided to migrant workman

36. Holidays, hours of work and other conditions of service:—Holid ays, hours of work including extra wages for over ime wnik done and other conditions of service of mi- grant workman shrill not be less favourable than those obtain- ing in that es'ablishmcnt or in similar employment in ih= area in which the establishment is located, as the case may be,

(2) Where there is any dispute in this regard or with re- gard to applicability of holidays, hours of work including extra wages for overtime work done and other conditions of service to a migrant workman under clause (a) of sub- section (1) of section 13, the same shall be decided by the Deputy Chief Labour Commissioner (Central) whose deci- sion shall be final.

37. Medical facilities.—(1) The contractor shall ensure provision of suitable and adequate medical facilities for out- door treatment to the migrant workman free of cost for treatment of any ailment from which the migrant workman or any member of his family may suffer during his employment in the establishment or to meet any preventive measure against- epidemic or any virus infection. Whenever any medicine is purchased by a migrant workman from market on the basis of the prescription issued by any Doctor pro- vided by the contractor or the principal employer, as the case may be, or any registered medical practitioner, the cost of such medicine shall be reimbursed by the contractor to the migrant workman concerned within a period of seven days from the date of presentation of the bill by the mig- rant workman.

(2) In the exent of migrant workman or any of his fami- ly members suffering from any ailment requiring hospltali- SHtion during his employment in the establishment, the con- tractor skill promptly arrange for the hospitalisation of the migrant workman or the concerned member of his family. The contractor shall bear cntrc expenses on treatment, hos- pital charges (including diet), if any, and travel expenses lor the patient from the place of his/her residence to th" hospital and back.

(3) Every contractor shall provide and maintain so as to be readily accessible during all working hours first-aid boxes at the rate of not less than cne box for one hundred and fifty workmen or part thereof.

(4) The first-aid' box shall be distinctly marked with a Red Cross on a white ground and shall contain the follow- ing equipment, namely—

(a) for the establishments in which number of mig- rant workman employed does not exceed fifty, each first-aid box shall contain the following equip- ment :—

(i) 6 small sterilized dressings;

(ii) 3 medium size sterilized dressings ;

(iii) 3 large size sterilized dressings;

(iv) 3 large sterilized burn dressings;

(v) 1 (30 ml.) bottle containing a two per cent al-

coholic solution of iodine;

(vi) 1 (30 ml.) bottle containing salvolatile having the dose aDd mode of administration indicated the label;

(vii) 1 snake-bite lancet;

(viii) 1 (30 gms.) bottle of potassium parmanaanate

crystals ;

(ix) 1 pair scissors;

(x) 1 copy of the first-aid leaflet issued by the Direc-

tor-General, Factory Advice Service and Labour Institutes, Government of India;

(xi) A bottle containing 100 tablets (each of 5

grains) of aspirin;

(\ii) Ointment for burns; and

(xlii) A bottle of suitable surgical antiseptic solution.

(b) For establishments in which tfoi number of migrant workman exceeds fifty each first-aid box shall con- tain the following equipment :—

(i) 12 small sterilized dressings ;

(ii) 6 medium size sterilized dressings ;

(iil) 6 large size sterilized dressings;

(iv) 6 large size sterilized burn dressings;

(v) 6 (15 gms.) packets sterilized cot!on wool;

(vl) 1 (80 ml.) bottle containing a two per cent al-

coholic solutions of iodine;

(vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration Indicated on the label;

(viii) 1 roll of adhesive plaster;

(ix) a snake-bite lancet;

(x) 1 (30 grins) bottle of potassium parmanganate

crystals;

(xi) 1 pair scissors ;

(xii) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advisory Service and Labour Institutes, Government of India;

(xlii) A bottle containing 100 tablets (each of 5

grains) of aspirin;

(xlv) Ointment for burns ; and

(xv) A bottle of a suitable surgical antispetic solu-

tion. ,

(5) Adequate arrangements shall be made for immediate

recoupment when necessary.

(6) Nothing except the contents mentioned in sub-rule

(4,) shall be kept in the first-aid box.

(7) The first-aid box stall be in charge of a responsible person who shall always be readily available during the work- ing hours of the establishment.

(8J The person in-charge of the first-aid box stall bo a person trained in first-aid treatment, in establishments where the number of migrant workman is one hundred and fifty or more.

38. Protective clothing.—(1) The contractor shall provide to every migrant workman where the temperature falls be- low 20 degree centigrade, protective clothing consisting of one woollen coat and one woollen trousers once to two years ;

Provided that where the temperature falls below 5 degree centigrade and woollen overcoat shall also be pro- vided to the migrant workman once in three years.

(2) The protective clothing shall bo provided by the con- tractor to every migrant workman before onset of winter season in the area where the establishment is loeuted or on the 30th day of September, whichever is earlier.

39. Drinking water, latrines, urinals and washing facili- ties.—(1) The contractor shall provide sufficient quantity of wholesome drinking water, sufflcent number of sanitary latrirrcs and urinals, washing facilities for the migrant work- man at the establishment in the case of existing establish- ments within seven days of the commencement of these rule:, and in case of new establishment, within seven days of the commencement of employment of migrant workmen therein.

(2) If any of the facilities is not provided by the con- tractor within the specified period, the same shall be piovid- etl hy the principal employer within seven days o£ the expiry of the period specified in sub-rule (1).

40. Rest rooms,—In every place where migrant workmen are required to Isalt at night in connection with the working of the establishment and in which employment of migrant workmen is likely to continue for three months or more, tlie contractor shall provide and maintain rest rooms or other suitable alternative accommodation witbln fifteen davs ot the coming into force of the rules in case of the existing establishments, and within fifteen days of the commencement of the employment of migrant workmen in the case of new establishments.

(2) If tbe amenity is not provided by, the contractor with- in the specified period, the principal employer shall provide the same within a period of fifteen days of the expiry of the period specified in sub-rule (1).

(3) Separate rooms shall be provided for female migrant

workmen.

(4) Effective and suitable provisions shall be made in every room for securing and maintaining adequate ventila- tion by circulation of fresh air, and there shall also be provided and maintained sufficient and suitable natural andi artificial lighting.

(5) The rest rooms, or other suitable alternative accom- modation shall be of such dimensions so as to provide at least a floor area of 1.1 square metre for each person.

(6) The rest room, rooms or other suitable alternative accommodation shall be so constructed as to afford adequate protection against beat, wicd, rain and shall have smooth hard and impervious floor surface.

(7) The rest rooms or other suitable accommodation shall bo at a convenient distance from the establishment and ihall have adequate supply of wholesome drinking water.

41. Canteens.—(1) In every establishment wherein work regarding the employment of migrant workmen is likely to continue for six months and wherein migrant workmen num- bering one hundred or more are ordnarily employed an ade- quate canteen shall be provided by the contractor for the vise of such migrant workmen within sixty days of tba date of coming into force of the rules in the case of the existing establishments, and within sixty days of the commencement of the employment of migrant workmen in the case of new establishments.

(2) If the contractor fails to provide canteen within the time laid down, the same shall be provided by the principal emloyer, within sixty days of the expiry of the time allow- ed to tire contractor.

(3) The canteen shall be maintained by the contractor or principal employer, as the case may be, in an efficient manner.

(4) The canteen shall consist of at least a dining hall, kitchen, store-room, pantry and washing places separately for migrant workmen and for utensils.

(5) (i) The canteen shall be sufficiently lighted at all tunes

when any person has access to it.

(ii) The floor shall be made of smooth and Impervious material and inside walls shall be lime-washed or colour-washed at least once in each year.

Provided tot the inside walls of the kitchen shall be

lime-washed) every four months,

, (6) (1) The precincts of the canteen shall be maintained

in a clean and sanitary condition.

(ii) Waste water shall be carried away in suitable covered drains and shall be allowed to accumulate so as to cause ;i nuisance.

(iii) Suitable arrangements shall be made for the collec-

tion and disposal of garbage.

(7) The dining-hall shall accommodate at a time at

least 30 per cent of the migrant workmen working at a time.

(8) The floor area of the dining-hall, excluding the area occupied by the service counter and any furniture except tables and chairs shall bo not less than one square metre per dinner to be accommodated as specified in sub-rule (7).

(9) (i) A portion of the dining tall and service counter shall be partitioned off and reserved for women migrant workmen in proportion to their number.

(ii) Washing places for women shall be srparate and

screenedi to secure privacy.

(10) Sufficient tables, stools, chairs or benches shall be available for the dinners to be accommodated as specified in sub-rule (7).

(11) (i) There shall be provided and maintained suffi- cient utensils, crockery, cutlery, furniture ami any other equipment necessary for the efficient running of the can- teen.

(11) T he furniture, utensils and other equipment shall be

maintained in a clean and hygenic condition.

(12) (i) Suitable clean cloths for t he employees serving in

the cunteen shall be provided and maintained.

(ii) A service counter, if provided, shall have top of smooth

and imprevious material.

(iii) Suitable facilities including an adequate supply of ho.t water shall be provided for the cleaning of utensils and equip- ment.

(13) The foodstuffs and other Items to be served hi the canteen shall be In conformity with the normal habits of the migrant workmen

(14) The charges for meala, other foodstuffs, beverages and any other Items served in the- canteen shall be based on no-profit, no-loss basis and shall be conspicuously displayed in the canteen,

(15) In arriving at the prices of food-stuffs and other articles served in the canteen the following items shall not be taken into consideration as expenditure, namely :—

(a) The rent for the land and buildings ;

(b) The depreciation and maintenance charges for the building and equipment provided for in the can- teen;

(c) The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils;

(d) The water charges and other charges incurred for

lighting and ventilation;

(e) The Interest on the amounts spent on the provision and maintenance of furniture and equipment pro- vided for in the canteen.

(16) The books of accounts and registers and other docu- ments used in connection with 1he running of the canteen shall be produced on demand to an Inspector.

(17) The accounts pertaining to the canteen shall be audited once every twelve months by registered accountants and Auditors :

Provided that the Deputy Chief Labour Commissioner (Central) may approve of any other person to audit the accounts, if he is satisfied that it is not feasible to appoint a registered Accountant and Auditor in view of the site or the location of the canteen.

42, Latrines and urinals.—(1) Latrines shall be provided

in every establishments on the following scale namely:—•

(a) Where females are employed, there shall be at least

one latrine for every 25 females ;

(b) Where males are employed, there shall be ut least

one latrine for every 25 males ;

Provided that where the number of males or females exceeds 190, it shall be sufficient if there it one latrine for 25 males or females, ns the case may be, upto the first 100, and one for every 30 thereafter.

(2) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.

(3) (i) Where workers of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice in the language understood by the majority of the workers 'For Men only', or 'For Women only', as the case may be.

(ii) The notice shall also bear the figure ot a man or of

a woman, as the case may be.

(4) There shall be at least one urinal for male workers

upto fifty and one for female upto fifty employed at a time.

Provided that where the number of male or female workmen, as the case may be, exceeds 500 it shall be sufficient if there is one urinal for every fiftv females upto the first 500 and one for every 100 or part thereof thereafter.

(5) The latrines and urinals shall be conveniently situated

and access to workers at all times at the establishment.

(6)(i) The latrines and urinals shall be adequately lighted and shall be maintained In a clean and sanitary condition at all times.

(ii) Latrines and urinals other than those connected with a flush sewage system shall comply with the requirements of the public health authorities.

(7) Water shall be provided by the means of tap or other- wise so as to be conveniently accessible in or near the latrine and urinals.

43. Washing facilities.—(1) Jn every establishment adequate and suitable facilities for washing shall be provided and main- tained for the use of migrant workmen employed therein.

(2) Separate and adequate screening facilities .-.hall be provided for the use of male and female migrant workmen.

(3) Such facilities shall be conveniently ;iccessihle and shall

be kept in clean and hygenic condition.

44. Creche.—(1) In every establishment where 20 or more workmen are ordinarily employed as migrant workmen nnd in which employment of migrant workmen is likely to con- tinue for three months or more, the contractor shall provide and maintain two rooms of reasonable dimensions for the use of their children under the age of six years, within fifteen days of the coming into force of the rules, in case of existing establishment, and within fifteen days of the commencement of the employment of not less than twenty women us migrant workmen in new establishments.

(2) One of such_rooms shall be used as play room for

the children and the other as bedroom for the children.

(3) If the contractor fails to provide the creche within the lime laid down, the same shall be provided by the Principal Employer within fifteen days of the expiry of the time allowed to the Contractor.

(4) The contractor or the principal employer as the case may be, shall supply adequate number of toys and games in the play rooms and sufficient number of cots and beddings in the sleeping room.

(5) The creche shall be so constructed as to afford ade- quate protection against heat, damp, wind, rain and shall have smooth, hard and impervious floor surface.

(6) The creche shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water.

(7) Effective and suitable provisions shall be made in every room of the creche for securing and maintaining ade- quate ventilation by circulation of freeh air nnd there shall also be provided and maintained sufficient and suitable natural or artificial lighting.

45. Residential accommodation.—(1) The contractor *hall

provide to every migrant workman :—

(i) in case he is accompanied by any olher member of his family a suitable barrack so as to accommodate one room having at least a floor area of 10 square metres, a verandah and adequate additional covered space for cookitiR food as well as one common sanitary latrine, one common bathroom for every three such quarters ; and

(ii) in case he is unaccompanied by any other member of his family a suitable bar rack so as to accommodate not more than ten such migrant workmen, having at least a floor area of not less than 6.5 square metres for each such migrant workman making use of the barrack, a verandah and adequate additional covered space for cooking food as well as ono common sanitary latrine and one common bath- room for every ten such migrant workmen;

within fifteen days of coming into force of the rules in the vase of the existing establishments and within fifteen days of the commencement of the employment of migrant workmen in new establishment.

(2) Every quarter and the barrack shall be so constructed as to afford adequate ventilation protection against heat, wind, rain and shall have smooth, hard and impervious floor surface.

(3) The quarters or the barracks, as the case may be, shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water.

(4) The area in which the quarters and/or the barracks are located as well as the latrines and the bath rooms provided

•therein shall be kept in a cloun and sanitary condition at all times.

(5) If the amenities referred to in sub-rule (1) are not provided by the contractor within the period prescribed, the principal employer shall provide the same within a period of fifteen days of the expiry of the period laid down in the said sub-rule.

(6) If there is any dispute or disagreement regarding suitn

bility or adequacy of provision of any of the amenities refer- red to in sub-rules (1) to (4} the same shall be decided by Deputy Chief Labour Commissioner (Central) whose decision shall be final.

46. Liability of the principal employer in certain cases.—If any allowance required to be paid wider section 14 or section 15 to a 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 migrant woikman, such allowance shall be paid, or, as the case may be, the facility shall be provided, by the principal employer within fifteen days of the expiry of the time allowed to the contractor under the rules except wher" otherwise provided for in the relevant rules.

Provided that in case of ailment requiring urgent medical attention or hospital isation as the case may be, the principal employer shall provide the same immedi- ately on the failure of the contractor to do so.

47. Relaxation in certain cases,—Tf the contractor or, prin- cipal employer, as the CHse may be, has already provided any facility relating to supply of wholesome drinking water or rest-rooms or latrines and urinals or washing, canteen or creche or first-aid is required under any Act applicable to the establishment and the same is adequute and also available for use for the migrant workmen, that facility, shall be deemed to be provided for under these rules.

CHAPTER VI

Registers and Records—Collection of Statistics

48. Registers of contractors.—Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form XIT.

49. Register of persons employed.—-Every principal emplo- yer and contratcor shall maintain in respect of each, establish- ment where he employs migrant workman a register in form XIII.

50. Service certificate.—On termination of employment for tiny reason whatsoever the contractor shall issue to the migrant workman whose services has been terminated a service certificate in form X7V.

51. Displaccment-cum-outward journey allowances sheet and return journey allowances register.—(1) Every contractor shall maintain displacement-cum-outward journey allowances sheet us required undei sub-rule (2) of rule 30 in form XV and return journey allowance register as required under sub- rule (3) of rule 30 in form XVI.

(2) Entries in the sheet and the legister required to be maintained under sub-rule (1) shall be authenticated by the contractor or his duly authorised representative,

52. Muster roll, wages register, deductions register and overtime register.—-O) In respect of establishments which arc governed by the Payment of Wages Act, 1936 and the rules made thereunder or the Minimum Wages Acf, 1948, and the rules made thereunder, or Contract Labour (Regulation and Abolition) Act, 1970 and the rules made thereunder, the following registers and records required to be maintained by Lhe contractor as employer under those Acts and the Rules shall be deemed to be registers and records to be maintained by the contractor under these Rules.

fa) muster roll;

(b) register of wages;

(c) register of deductions; (d) register of fines; (o) register of overtime;

(f) register of advances.

(2) In respect of establishment not covered by any of the Acts or the rules referred to in sub-rule (1), the following provisions shall apply, namely :-—

(a) Every contractor shall maintain a Muster Roll regis- ter and a Register of Wages in Forms XVII and XVIII respectively;

(b) Signature or thumb impression of every migrant workman on the register of wages shall he obtained and entries therein shall bo authenticated by the signature of the contractor or his authorised repre- sentative and duly certified by the authorised re- presentative of the principal employer as requited by rule 35.

(c) Register of deduction, register of fines and register of advances.—-Register of deduction for damage or loss, register of fines and register of advances shall be maintained by every contractor In Forms XIX, XX and XXI respectively;

(d) Eveiy contractor shall maintain register of overtime

In Form XXII.

(3) Notwithstanding anything contained in these rules where a combined or alternative form is sought to be used for the contractor to avoid duplication of work for compliance with the provisions of any other Act or the rules framed there- under on any other laws or regulations Qr In cases where mechanised pay rolls are introduced for better administration, alternative suitable form or forms in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the Deputy Chief Labour Commissiorer (Contra!),

53. Maintenance and preservation of registers—(1) All registers and other records required to be maintained under the Act and rules, shall be maintained complete and wp to date, and, unless otherwise provided for, shall be kept at an office or the nearest convenient building within the precincts of the workplace or at a place, if any, specified by the Inspector on the specific request made by the con- tractor in this behalf,

(2) All the registers shall be maintained legibly in English

or Hindi.

(3) All tho registers and other records shall be preserved in original for a period of three calender years from the date of last entry made therein,

(4) All the registers, records and notices maintained under the Act or rules shall be produced on demand before the Inspector or Deputy Chief Labour Commissioner (Central) or any other authority under the Act or any person autho- rised in that behalf by the Central Government,

(5) Where no deduction or fine has been imposed or no overtime has been worked during any wage period, a 'NIL' entry shall be made across the body of the register at the end of every wage period indicating also in precise terms the wage period to which the 'NIL' entry relates in the respective registers maintained in Forms XIX, XX and XXI res- pectively,

54. Display of an abstract of the Act and the Rules.— Every contractor shall display an abstract of the Act and the rules in English and Hindi and in language spoken by majority of migrant workmen In such form as may be approved by the Deputy Chief Labour Commissioner (Central),

55. Notices.—(1) (i) Notices showing the rates of wages, hours of work, wage periods dates of payment of wases, names and addresses of the Inspectors having jurisdiction, and date of payment of unpaid wages, shall be displayed in English and in Hindi and in the local langungs understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal em- ployer or the contractor, as the case may be.

(ii) The notices shall be correctly maintained in a clean

and legible condition,

(2) A copy of the notice shall be sent to the Inspector and whenever any changes occur, the same shall he communi- cated to him forthwith.

56. Periodical returns.—(1) Every contracto:- shall send half yearly return in Form XXIII (in duplicate) so as to reach the licensing officer concerned not later than thirty days from the close of the half year.

Noie.—Half year for the purpose of this rule means "a period of six months commencing from 1st January and in July every year".

(2)Every principal employer of a registered establishment shall sent annually a return in Form XXIV (in duplicate) so as to reach the registering officer concerned not later than the 15th February following the end of the year to which it relates.

57. (1) The Deputy Chief Labour Commissioner (Central,) or the Inspector or any other authority under the Act shall have powers to call for any information or statistics in re- lation to migrant workmen from any contractor or principal employer at any time by an order in writing,

(2) Any person called upon to furnish the information

under sub-rule (1) shall be legally bound to do so.

CHAPTER VII

Legal aid to migrant workman

58. Legal aid.—On receipt of a writen application from migrant workman or in the event of his death, from next of his kin for providing legal aid in relation to any proceedings before the Authority under Section 15 of the Payment of \Vages Act, 1936 or Authority under Section 20 of the Minimum Wages Act, 1948 or appropriate Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947 or Commissioner for workmen's compensation under the Workmens' Compensation Act, 1923, In which the migrant workman or his legal heir is a patty, the specified authority concerned, if he is satisfied, may with the prior approval of the Deputy Chief Labour Commissioner (Cenirai) engage an advocate to contract the relevant proceedings on behalf of the migrant workman or his legal heir as the case may be and meet all legal oxpenescs in this regard.

FORM I

[See rule 3(1)1

Application for registration of establishments employing

Migrant workmen

1. Name and location of the establishment,

2. Postal address of the establishment.

3. Full name and address of the principal employer (furnish

father's/husband's name in the case of individuals).

4. Names and addresses, of the directors/particular partr

ners (in case of companies and firms).

5. Full name and address of the Manager Or person res- ponsible for ihe supervision and control of the establishment.

6. Nature of work carried on in the establishment.

7. Particulars of contractors and migrant workmen.

(a) Names and addresses of Contractors.

(b) Nature of work for which migrant workmen are to

be recruited or are employed.

(c) Maximum number of migrant workmen to be em-

ployed on any day through each contractor.

(d) Establishment date and commencement of work

under each Contractor.

(e) Estimated date of termination of employment of

migrant workmen under each contractor.

8. Particulars of crossed demand draft ( . . . . N a me o£ the

Bank, Amount, Number and Date).

I hereby declare that the particulars given above arc true

to the best of my knowledge and belief.

Principal Employci

Seal and Stamp

Office of. the Registering Officer

Date of receipt of application

FORM II

[See rule 4(1)]

Certificate of registration

Date

GOVERNMENT OF INDIA

Office of the registering officer

A certificate of registration containing trrc following parti' culars is hereby granted under clausi (a) of sub-section (2) of section 4 "of the Tnter-Stnte Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the rules made thereunder to

1, Nature of work carried on in the establishment.

2, Names and addresses of contractors,

3, Nature of work for which migrant workmen are to

be employed or are employed.

4, Maximum number of migrant workmen to be em-

ployed on any day through each contractors.

5, Other particulars relevant to !he employment of mig-

rant workmen,

(i)

(ii)

Signature of Registering

Officer with Seal.

FORM III

[See rule 4(2)1

Reakter of Establishments

Registration No, and Name and address of the establishment registered date

Si. No

Maximum No. of mig- rant workmen directly employed on any day

Name of the Principal Employer and his address

3

2

1

Type of business, trade, industry manufacture or occupation, which is carried on the establish-

ment

6

5

4

Particulars of Contractor and inter-State

Migrant Workmen

Name and address of

contractor

Nature of work for which migrant workmen are to be recruited or are

Remarks Probable duration of employment of migrant

workmanemployed Maximum No. of mig- rant workmen employed on any day through a contractor 11 10 9 8 7

.FUKJYl V

FORM IV

[See rule 7(1)1

Application for Licence for recruitment

1. Name and addresses of the contractor (including his

FatbjrVHusband's name in case of individuals).

2. Date of birth and afie (in case of individuals).

3. Particulars of establishment where migrant workmen

arc to be employed.

(a) Name and address of the establishment;

(b) Typo of business, trade, industry, manufacture or occupation, which is carried on in the establish- ment ;

fc) Number and date of certificate of registration of

the establishment under the Act;

(d) Name and address of the principal employer.

4. Particulars of migrant workmen.

(a) Nature of work in which migrant workmen are employed or are to be employed in the establish- ment.

(b) Duration of the proposed! contract work (give parti- culars of proposed date of commencing and end- ing).

(c) Name and address of the agent or manajjor of the

contractor at the work side:

(d) Maximum number of migrant workmen proposed to

be employed in the establishment on any date ;

(e) Names and addresses of the directors/partners (in

case of companies and firms).

(f) Nume(s) and address(s) of the person(s) in-charge of and responsible to the company/firm for the conduct of the business of the company/firm, as the case may be.

5. Whether the contractor was convicted of any offence

within the preceding five years. If so, give details.

6. Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposit¹; in respect of an earlier contract. If so, the date of such order.

7. Whether the contractor has worked in any other establishment within the past five years. If so, give details of the principal employer, establishment, and nature of work.

8. Whether a certificate byi the principal employer in Form

V is enclosed.

9. Amount of licence fee paid—No, of crossed demand

draft and date.

10. Amount of Kecurity deposit, if any.

Declaration—I hereby declare that the details given above

are correct to the best of mv knowledge and belief.

Place

Date

Signature of the Applicant

(Contractor)

Note : The application should be accompanied by a crossed demand draft showing the payment of the prescribed licence fee arrdi security deposit, if any and a certi- ficate in Form V from the Principal Employer.

(To be filled in the office of the Licensing Officer)

Date of receipt of the application with crossed demand draft for fees.

Signature of the Licensing Officer

[See rule 7(2)]

Application for Licence for employment

1. Name and address of the contractor (iacludifig his

Father's'Husband's name in case of individuals).

2. Date of birth and age (in case of individuals).

3. Particulars of establishment where migrant workmen

are to be employed.

(a) Name and address of the establishment;

(b) Type of business, trade, industry, manufacture of occupation, which is carried on in the establish- ment ;

(c) Number and date of certificate of registration of

the establishment under the Act;

(d) Name and address of the principal employer.

4. Particulars of migrant workmen.

(a) Nature of work Ira which migrant workmen are euv ployed or are to be employed in the establishment.

(b) Duration of the proposed contract work (give parti- culars of proposed date of commencing and end- ing).

(c) Name and address of the agent or manager of the

contractor at the work site;

(d) Maximum number of migrant workmen proposed to be employed In the establishment on any date;

(e) Names and addresses of the Directors/Partners (in

case of companies and firms).

(f) Name(s) and address(s) of the person(s) in-charge of and responsible, to the company/firm for the conduct or the business of the company/firm, as the case may be,

5. Whether the contractor was convicted of any offence

within the preceding five years. If so, give details.

6. Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposits in respect of an earlier contract. Tf so, the date of such order.

7. Whether the contractor has worked in any other estab- lishment within the past five years. If so, give details of the principal employer, establishment and Nature of work.

8. Whether a certificate by the principal employer in Form

V is enclosed.

9. Amount of licence fee paid-—No. of crossed demand

draft and date.

10. Amount of security deposit, if any.

Declaration—I hereby declare that the details given above

arc correct to the best of my knowledge and belief.

Place — — — — _ _-

Date— —

Signature of the Applicant

(Contractor)

Note : The application should be accompanied by a crossed demand draft showing the payment of the prescrib- ed fee and security deposit, if any and a certificate in Form VI from the principal employer.

(To be filled in the office of the Licensing Officer)

Date of receipt of the application with crossed demand

draft for fees.

Signature of the Licensing Officer

FORM VI

[Set: rule 7(3)]

(Regulation of I'nipioymnit ;md r'uiulitiiins of Service) ( crrl- ral Rules, I'^KO in so fur as Ihc provisions are applicable to me in respect of the employment of migrant workman hy the applicant in my establishment.

Form of certificate hy principal employer

Place

Date

Signature of principal employer Certified tha'i I have engaged the applicant (name of the contractor) as a contractor in my establishment. I undertake to be bound by all the provisions of (lie Inter-St.'ite Migrant Workmen (Regulation of Fmployment nnd Conditions of Service) Act, "1979 and the Inler-Statc Migrant Workmen

Name and address of Establishment,

FORM vn [See rule 10(2)1 Appliratlon for adjustment of Security Deposit

Name and address of the Contractor

Date of expiry of previous licence

No. and date of application for fresh licence

1

3

Amount of previous security deposit

[No. ana date or trie crossed demand draft of security deposit in respect of the previous

wnctner tne previous licence ot tne contractor was suspended or revoked

licence

4

5

6 ~

Amount of security deposit for

Name and address of the (he fresh licence

principal employer No, and date of crossed demand draft of the balance security deposit deposited with the fresh

No. and date of certificate of registration of the establishment in relation to which the fresh

application

licence is npplied for

7

8

~9

10 ~~

Particulars of fresh application

Remarks

11

12 ~~

Place ;

Dute :

Signature of applicant

(Regulation of Employment and Conditions of Service) Act, 1979, subject to the conditions specified in the Annexure.

LSee rule 11(1)]

GOVERNMENT OF INDIA

Office of Licensing Officer

2. This licence is for doing the work of (nature of work to be indicated) in the establishment of (name of principal employer to be indicated) at (place of work to be indica- ted).

Licence No. Dated Fee paid Rs

3. The licence shall remain in force till (date to be indi- LICF.NCE

cated),"

Licence is hereby granted to

under section 8(1) of the Inter-State Migrant Workman

Signature and Seal of Licensinn Officer

RENEWAL

[See rule 14]

Date of renewal

Fee paid for renewal Date of expiry

— — — — _ 1.

3.

Date.

Signature and Seal of the Licensing Offijir

ANNEXURE

The licence is subject to the following conditions :—

3. Save as provided in these rules tile fees paid for the giant, or as the case may be, for rcnewul of licence shall be non-refundable.

1. The licence shall lie non-transferable

2. The number of workmen employed as migrant work- men in the establishment shall not, on any day, exceed the maximum number specified in

4, The rates of wages payable to the migrant workmen by the contractor shall not be less than the rates presciibed under the Minimum Wage-, Ac;, 1948, for such employment where applicable, and where the rates have been fixed by agreement, settlement or award, not less than Ihc rates so fixed.

659 GI/80—5

5(a) in cases where the migrant workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the Principal Employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the migrant workmen of the contractor shall be the same as applicable to the workmen directly employed by the Principal Employer of the establishment on the same or similar kind of work :

Provided that in the case of any disagreement with- regard to the type of work, the same shall be decided by the Deputy Chief Labour Commissioner (Central) whose decision shall be final;

(b) in other cases the wage rates, holidays, hours of work and conditions of service of the migrant work- men of the contractor Fhall bo such as prescribed in these rales.

fi. Every migrant workman shall be entitled to allow- ances, benefits, facilities, etc., as prescribed in the Act and these Rules.

7. No female migrant workman shall be employed by any contractor before 6 A.M. or after 7 P.M. :

Provided that this clause shall not apply to the employment of female migrant workmen in Pit head Baths, Creches and Canteens and as Midwives and Nurses in hospitals and dis- pensaries.

8. The contractor shall notify any change in the number of migrant workmen or the conditions of work to the licensing officer.

9. The contractor shall comply with all tne provisions

of the Act and these Rules.

10. A copy of the licence shall be displayed prominently at the premises where the migrant workmen are employed.

FORM IX

[See rule 15(2)]

Application for Renewal of Licence

1. Name and address of the contractor.

2. Number and date of the licence.

3. Date of expiry of the previous licence.

4. Whether the licence of the contractor was suspended

or revoked.

.V Number and date of the crossed demand draft en-

closed.

Place Signature of the Applicant

Date

(To be filled in the Office of the Licensing Officer)

Date of receipt of the application

with crossed demand draft No, and date.

Signature of the Licensing Officer

FORM X

[See rule 21]

[Form in which to furnish particulars in respect of recruitment and employment of migrant workman/workmen as prescribed under sub-rule (1) of Rule 21, to the authorities specified under the explanation below sub-section (2) of section 12 of Inter-State Migrant Work- men (Regulation of Employment and Conditions of Services) Act, 1979]

1. Name and address of the Contractor

2. Name and address of the sub-contractor through whom recruitment has been made

3. Name and address of the establishment

4. Name and address of the Principal Employer

5. Name of the State in which the p\ace of work is located

6. Name of the State in which recruitment was made

-

Permanent

Sex Age Name of migrant

home address

workman

SI. No.

Father's/ Husband's name

5

4

2

3

1

Amount of displacement allowance paid

Place and address of resi- dence in the home State

Name and address of the next of kin of the migrant work- man

9

8

7

6

Remarks

Date of employment

Date of recruitment

Nature of job required to be performed

Amount of wages for out- ward journey period paid

Amount of outward journey allowance paid

13

12

11

10

Period of Details of contract of other/service employment conditions

Details of rates of wages and other allowances payable

18

16 17

15

14

Signature of Contractor or his

authorised representative

Date

Submitted to

(1)

(Specified authority in the State in which migrant workman/workmen is/are employed),

(2)

(Specified authority in the State from which the migrant workman/workmen has/have been recruited).

Copy forwarded to

(The Principal Employer)

Signature of the Contractor or his

authorised representative

Date

Note : In case where migrant workmen couccined have been recruited from moic than one State, separate returns shall be

submitted in rebpect of each such State.

fORM XI

(See rule 24)

[Return to be sent by the Contractor to the authorities specified under explanation below sub-section (2) of section 12 of Inter-

state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979],

1. Name and address of the contractor

2. Name and address of the sub-contractor through whom recruitment has been made,, 3. Name and address of the establishment,,

4. Name and address of the Principal Employer 5. Name of the State in which thi place of work is located 6. Name of the State in which recruitment was made

Name of migrant

Sex

Age

. workmen

Designa- tion

Permanent home add-

Date of Employment

Total days worked SI. No.

Fathers/ Husband's name

ress indi- cating the State

Place and address of residence in home State

Date on which ceased to be emplov- ed

3

4

2

5

6

7

8

1

9

10

11

Amount of Amount of Remarks Amount of outward

Amount of return

Total wages

paid

Amount of deductions,

if any

advance, if any paid

advance, if any reco- vered

Details of compensa- tion and other allow- ances

Amount of displace- ment all- owance paid

Details of rates of wages and other allow- ances paid

journey allowance and wages for return journey paid ;

journey allowances and wages for out- ward jour- ney paid

13

16

17

14

18

15

19

20

21 - "

DECLARATION

1/wc hereby declare that all wages, other dues including displacement allowance, outward return journeys allowances and wages

for journeys periods payable to migrant workman/workmen names above and employed by me/us have been paid by me/us/to him/them.

Place

Signature of the Contractor or his

Date

authorised representative

Submitted to

(1)

(Specified authority in the State in which migrant workman/workmen is/arc employed)

(2) — -

(Specified authority in the State in which the migrant workman/workmen has/have been recruited),

Copy forwarded to

(The Principal Employer)

Signature of the Contractor or his authorised representative date

Note : In case where migrant workmen concerned have been recruited from more than one State, separate returns shall be submitted in respect of each such State.

1'ORM XII (Sec rule 48)

Register of Contractors

(1) Name and address of he Principal Employer (2) Name and address of the establishment

Period of contract

Name and address of contractor

Nature of work on contract

Location of

contract work

Maximum No. of migrant workmen employed by con- tractor

from to

FORM \ UI

(See Rule

Register of Workmen Employed by Contractor

Name and address of Contractor Name and address of the

Name and address of establishment in/ under which migrant workmen are employed

establishment

Name and address of Principal Employer

Age and sex

Name and surname of migrant workman

Local address

SI. No-

Father's/ Husband's name

Nature of employment/ designation

Date of Com- mencement of employment

Permanent Home Address of migrant workmen village and tehsil/Taluk and District

3

4

5

6

1

7

8

Reasons for termination

Remarks

Date of termination of

employment

Signature or thumb-impression of migrant workman

10

II

9

12

Signature of Contractor or his aulhorisfcd representative

FORM XIV

(See Rule 50)

Service Certificate

Name and address of establishment in/ under which migrant workmen are em- ployed

Name and address of Contractor Nature arid location of work

Name and address of Principal Employer

Name and address of the migrant workman Age or Date of Birth Identification Marks Father's/Husband's name

Nature of work

Total period for which employed

Remarks

done

Rate of wages (with particulars of unit in case of piece-work

SI. No.

To

From

4

5

3

2

6 1

Signature of Contractor or his authorised representative

FORM XV

[See Rule 510)]

Displacement and outward Journey allowances sheet

Name and address of the establishment

Month and year

Name and address of the Contractor Name and address of the Principal Employer

Desig-

Name of the

nation

Rate ol wages

Place of recruitment si. : No.

Permanent home address indicating the

r Wages payable in a month

Father's/ Husband's name

migrant work- manPlace & address of residence in the home State Place of work with address indicating the State State 9 2 5 7 10 6 4 3 a

Details of modes of

Expected date and lime of arrival at tha plate of work

Railway Station/ Bus Stand nearest to Ihc place of work

Date and lime of commencement of journey from the place of residence

Railway station/ Bus^tand nearest to the place of residence

journeys from the place of residence in (he home State to the place of work

Amounts of bus fare and/or second class train fare and/or other journey expenses separa- tely as per the modes of journey indicated in Col. 15

15

13

12

~~14 " '"

"if,

Jl

Amount of dis- placement allowance

Total Amount paid

Tolal of amounts indicated in column No. 16

Rs. Ps,

Amount of

outward jour-

ney allowance

Wages for outward jour- ney period

Date on which paid

Signature or thumb impression of the migrant workman

19

20

21

23 17

18

Remarks

Date of payment of the balance wages indicated

Balance wages for out- ward journey if any,

in Col, No. 25

payable

Signature or thumb impression of the mig- rant workman

Actual date and time of arrival at the place of work

25

26

27

28 24

Note : Indicate separately different mode of journeys. Entries are to be made against each individual migrant workman.

Signature of the Contractor or his autho- rised Representative Date

FORM XVI (Sec rule 51(1) Return Journey Allowance Register

Name and Address of the Establishment Name and Address of the

Contractor

Month and Year

Name & address of the

Principal Employer

Name of the

SI. No.

Fathers/ Husband's Name

Designation Rate ot wages

Place ol work

migrant workman

Permanent home address indica- ting the State

Place & address

or residence in

the home State

Railway Station Bus Stand nearest to the place of work

2

5

4

3

9 1

Expected date and time of arrival at the residence in home State

Date and time of com- mencement of journey from the place of work

Railway station/Bus Stand nearest to the place of re- sidence in the home State

•Expected modes of jour- neys from the place of work to place of resi- dence in the home State

Amount of bus fare and/ or second class train fare and/or other jour- ney expenses, separately as per expected modes of journeys indicated in column No, 13

12

~"l3

11

14 10

Total amount

Remarks

paid

Date on which paid

Amount of return journey allowance

Wages for return journey period

Signature or thumb impression of the migrant workman

Total amounts indicated in column No. 14

17

18

19

20

16

15

21

* Indicate separately different modes of journey.

Note : Entires are to be made against each individual inter-State migrant Workman,

Signature of the Controller or his autho- rised representative,

Dale

FORM XVII

[Sec rule 2 (2)(a)]

Muster Roll

Name and Address of Establishment in/ under which migrant workman a/c employed

Name and Address of Contractor Nature and Location of work

Name and Address of Principal

Employer For the month of

Fathcr's/Hudband's Sex Dates

Remarks

name

SI. Name of migrant No. workman

1 2 3 4 5

FORM XV1IJ

[See rule 52(2Xa)]

Register of Wanes

Name and Address of Contractor Nature and Location of work

Name and Address of Establisbment in/ under which inter-State migrant workmen arc employed——— — —~ —

Name and Address of Principal Employer Wage period

No. of days Units of work

Serial No. in the register of workmen

done

Daily-rate of wages/ piece-rate

Designation/

nature of work

worked

Name of inter-State migrant workman

SI. No.

5

6

~3

7 ~ 2

1

Net amount

Amount of wages earned

paid

Deductions, if

any (indicate

paid nature)

Total

Overtime

Initialsof Con- tractor or his authorised re- presentative Basic Wages Dearness Allowance

Signature/ Thumb impres- sion of inter- State migrant workman

Other cash pay- ments (Nature of payment to be indicated)

15

13

16

14

12

10

11

8 9

FORM XIX

[See rule 52(2)(c)]

Register of Deductions for Damage or Loss

Name and Address ot contractor Nature and Location of work

Name and Address of Establishment in/ under which inter-State migrant workmen are employed

Name and Address of Principal

Employer

Designation/Nature

of employment

Date of damag or loss

Particulars of damage or loss

Father's/Husband's Name

Name of inter-State migrant workman

Sl~ No.

e Whether inter-Slate mig*- rant workman showed casuses against deduction

6

3

5

4

2

Date of recovery

Remarks

No. of instal- ments

Amount of deduc- tion imposedFirst instalment Last instalment Name of person in whose presence employee's ex- planation was heard 10 11 12 9 S

r-ORM XX

[See rule 52(2)(c)]

Register of Fines

Name and Address of Contractor

Nature of location of work

Name and Address of Establishment in/ under which inler-State migrant workmen are employed Name and Address of Principal Employer

Date of offence

Designation/Nature Act/Omission for which

Name of inter-State mig-

rant workman

Father's/Husband's Name

of employment fine imposed

SI. No.

3

6

5 5

1

2

Remarks

Wages periods and

wages payable

Amount of fine imposed

Date on which fine realised

Whether Inter-State migrant workman showed cause against tine

Name of person in whose presence employee's explana- tion was heard

12 "

10

7

Jl

8

FORM XXI

[See rule 52(2)(c)]

Register of Advances

Name and Address of Contractor

Name and Address of Establishment in/ under which inter-State migrant workmen

Nature and Location of work

are employed Name and Address of Principal Employer

Father's/Husband's

Nature of employment/

;s Dale and amount of Name of inter-State migrant workman

Designation

Name

Wage period and wage payable

advance given SI. No.

5

4

6 2

3

1

Purpose(s) for which

Remarks

advanfce made

No. of instalments by which advance to be

Date and amount of

each instalment repaid

Date on which last in- stalment was repaid

repaid

8

7

9

10

11

FORM XXH

[(See rule 52(2Xd)]

Register of Orertime

Name and Address of Contractor

Nature and location of work

Name and Address of Establishment in/under which migrant workmen are employed Name and Address of Principal Employer

Name of inter-State Migrant work Father s/Husband s Name

Sex Designation/Nature of employment

Date on which over- time worked man

SI. No.

2

4

I

3

5

6

Date on which overtime RemarksTotal overtime worked or produc- tion in case of piece-rated Normal rates of wages Overtime rate of wages Overtime ] earnings wages paid 7 8 10 11 12

FORM xxirj

[Sec rule 45(1)]

Return to he sent hy tlic Contractor to the Lkcnsinj* Officer

Half-Yeur ending

1. Name and address of the Contractor:

2. Name and address oil the establishment :

3. Name and address of ihc principal Fmployer:

4. Duration of contract : From io

5. No. of days during the half year on which

(a) the establisbmhent of the principal employer had

worked

(b) the contractors' establishment had worked

6. Maximum number of inter-State migrant workmen

employed on any day during the half-year: Men Women Children Total

7. (i) Daily hours of work and spread over.

(ii) (a) whether weekly holiday observed and on

what day :

(b) if so, whetker it was paid for :

(iii) No. of man-hours of overtime worked :

8. Number of mand'ays worked by:

Men Women Children Total

9. Amount of wages paid:

Men Women Children Total

Note :—Wages shall not include wages for periods of

outward"; and return journeys.

10. Amount of deductions from wages, if any:

Men Women Children Total

11. ^mount of displacement allowance paid:

Men Women Children Total

12. Amount of Outward journey allowance paid :

Merr Women Children Total

13. Amount of wages for outward journeys period pnid :

Men Women Children Total

14. Amount of return journeys allowance paid: Merr Women Children Total

15. Amount of wages for return journeys period paid :

Men Worsen Children Total

16. Whether the following have been provided:

(i) Residential accommodation;

(ii) Protective clothing ;

(iii) Canteen;

(iv\ Rest-room ;

(v) Lulrinc and Urinals;

fvi) Drinking water ;

(vii) Creche ;

(viii) Medical facilities ;

(ix) First Aid.

Of the answer is 'yes' state briefly nature/stand.mis pro vijed).

Signature of Contractoi Place Date

FORM XXIV

[Sec Rule 56(2)1

Annual Return of Prlnctpul Employer to be sent to the

Registering Officer

Year ending 31st December

1. Full name and address of the Principal Employer:

2. Name of the establishment:

(a) District:

(b) Postal Address :

(c) Nature of operation /industry/work carried on :

3. Full name of the Manager or person responsible for

supervision and control of the establishment.

4. Number of contractors who worked in the establish-

ment during the year (Give details in Annexurel.

5. Nature of work/operations on which Migrant woikman

was employed,

6. Total number of days during the year on which mig-

rant workman was employed.

7. Total number of mandays worked for by migrant woi k-

man during the year.

8. Maximum number of workmen employed directly on

any day during the year.

9. Total number of days during the year on which direct

labour was employed.

10. Total number of mandays worked by dreclly emp-

loyed workmen.

11. Change, if any, in the management of the establish- ment, its location, or any other particulars fumiihed to the Registering Officer in the application for Registration indica- ting also the dates.

Place

Principal Employer

Date

ANNEXURE TO FORM

Period of contract Nature of Name and Address of the contractor

From To

1

3

2

No, ofmondays Maximum number of workers- employed by each contractor

No, of days worker d

worked

5

6 4

[F. No. S. I6O27/10/79-1..W, (Vol. IT)] A. POONEN, Dy. Secy.

PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS, RING ROAD NEW I3ELHI-11(1064 AND PUBLISHRI> BY THE CONTROLT.KR 01' PUBLICATIONS, DELHI-1 10054, 1^80