Registered No.
Registered with the Registrar of Newspapers for India under No. M. 8270
TN/PMG(CCR)/42/2012-14 WPP No. 88(556)
Dated : 27-7-2012 Price : ` 26-00Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
E≈©A ÿkπX| EXTRAORDINAIRE EXTRAORDINARY
∂]ÔV´D ÿ✓u≈ Publiée par Published by
ÿkπX| Autorité Authority
sÁÈ : ` 26-00 Prix : ` 26-00 Price : ` 26-00
®ı Amflºƒˆ ÿk^π¬˛wÁ\ 2012 } ÛÁÈ | 27 { No. 30 Poudouchéry Vendredi 2 7 Juillet 2012
No. Puducherry Friday 27th July 2012
(5 Sravana 1934)
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G. O. Ms. No. 7/Lab./AIL/G/2012, dated 17th July 2012)
NOTIFICATION
The following draft of the Puducherry Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 2012, which the Lieutenant-Governor, Puducherry hereby proposes to make in exercise
of the powers conferred by section 35 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979) is hereby published as required under sub-section (1) of
the said section 35 for information of all persons likely to be affected
[ 197 ] 198
LA GAZETTE DE L'ETAT
thereby and notice is hereby given that the said proposal will be taken into consideration by the Government of Puducherry after the expiry of forty-five days from the date of publication of the aforesaid draft proposal in the official gazette, Puducherry.
2. Any objections or suggestions received from any person with respect to the proposal before expiry of the period specified above will be considered by the Government of Puducherry. The objections or suggestions should be addressed to the Secretary to Government, Labour Department, Puducherry.
DRAFT PROPOSAL
In exercise of the powers conferred under section 35 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979(Central Act 30 of 1979), the Lieutenant-Governor, Puducherry hereby makes the following rules, namely :-
CHAPTER–I
PRELIMINARY
1. Short title and commencement.— (1) These rules may be called the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Puducherry Rules, 2012.
(2) They shall come into force on and from the date of their
publication in the official gazette.
2. Definitions.— In these rules, unless the context otherwise
requires,—
(a) "Act" means the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979);
(b) "Appellate Officer" means an appellate officer nominated in
this behalf by the Government under section 11;
(c) "Commissioner of Labour" means an officer as such
appointed by the Government;
(d) " Form" means a form appended to these rules;
(e) "Government" means the Administrator of the Union territory of Puducherry appointed by the President under Article 239 of the constitution;
(f) "Inspector" means an Inspector appointed by the
Government under section 20;
199
PART–II] LA GAZETTE DE L'ETAT
(g) "Licensing Officer" means a Licensing Officer appointed by
the Government under section 7;
(h) "Migrant workman" means an inter-state migrant workman
as defined in clause (e) of section 2;
(i) "Registering Officer" means a Registering Officer appointed
by the Government under section 3;
(j) "Section" means a section of the Act;
(k) "Specified authority" means the authority specified by the
Government for the purposes of sections 12 and 16; and
(l) All other words and expressions used in these rules but not defined therein shall have the meanings respectively assigned to them in the Act.
CHAPTER–II
REGISTRATION OF ESTABLISHMENTS EMPLOYING
INTER-STATE MIGRANT WORKMEN
3. Manner of making application for registration of establishment.— (1) The application for registration of an establishment referred to in sub-section (1) of section 4 shall be made in triplicate, in Form-I, to the Registering Officer of the area in which the establishment sought to be registered is located.
(2) Such application shall be accompanied by a treasury receipt showing the payment of the fees for the registration of the establishment.
(3) Every application referred to in sub-rule (1) shall be either personally delivered to the Registering Officer or sent to him by registered post.
(4) On receipt of an application referred to in sub-rule (1), the Registering Officer shall, after noting thereon the date of receipt by him of the application, give an acknowledgment to the applicant.
4. Issue of certificate of registration.— (1) The certificate of registration issued under sub-section (2) of section 4 shall be in Form-II.
(2) Every certificate of registration issued under sub-section (2)
of section 4 shall contain the following particulars, namely:-
(a) the name and address of the establishment;
(b) the maximum number of migrant workmen to be employed
in the establishment;
200
LA GAZETTE DE L'ETAT
(c) the type of business, trade, industry, manufacture or
occupation which is carried on in the establishment; and
(d) such other particulars as may be relevant to the
employment of migrant workmen in the establishment.
(3) The Registering Officer shall maintain a register in Form-III showing the particulars of establishments in relation to which certificates of registration have been issued by him.
(4) If, in relation to an establishment, there is any change in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the Registering Officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.
5. Circumstances in which application for registration may be rejected.— (1) If any application for registration is not complete in all respects the Registering Officer shall require the principal employer to amend the application so as to make it complete in all respects.
(2) If the principal employer, on being required by the Registering Officer to amend his application for registration, omits or fails to do so, the Registering Officer shall reject the application for registration.
6. Amendment of certificate of registration.— (1) Where on receipt of the intimation under sub-rule (4) of rule 4, the Registering Officer is satisfied that an amount higher than the amount which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to deposit a sum which, together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment and to produce receipt showing such deposit.
(2) Where, on receipt of the intimation referred to in sub-rule (4) of rule 4, the Registering Officer is satisfied that there has occurred a change in the particulars of the establishment, as 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 any right, obligation or liability acquired or incurred before such amendment:
201
PART–II] LA GAZETTE DE L'ETAT
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 by the principal employer.
(3) The application for the amendment of a certificate of
registration shall be accompanied by—
(i) a statement indicating the nature of amendment required;
(ii) a statement showing the change in particulars already furnished in the application for registration under rule 3 which necessitates the amendment;
(iii) a treasury receipt showing that the appropriate fee for the amendment of the certificate of registration has been paid in the local treasury ; and
(iv) the certificate of registration originally issued.
(4) The fee for the amendment of the certificate of registration shall be rupees five in addition to the amount, if any, by which the fee that would have been payable, if the certificate of registration had been originally issued in the amended form exceeds the fee originally paid for the certificate of registration.
CHAPTER–III
LICENSING OF CONTRACTORS
7. Application for licence.— (1) Every application by a contractor for the grant 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 the recruitment is made.
(2) Every application by a contractor for employing 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 relation to the area wherein the establishment is situated.
(3) (a) 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 Form-VI to the effect that he undertakes to be bound by all the provisions of the Act and the rules made thereunder in so far 202
LA GAZETTE DE L'ETAT
as they are applicable to him in respect of the recruitment or employment the migrant workmen, in respect of which the contractor is making the application.
(b) 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, give an acknowledgment to the applicant.
(5) Every application referred to in sub-rule (1) or sub-rule (2) shall also be accompanied by the receipt obtained as required by rule 20.
8. Matters to be taken into account in granting or refusing 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) is of unsound mind and stands so 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 the date of application of an offence, which, in the opinion of the Government, involves moral turpitude;
(b) whether any order has been made in respect of the applicant under sub-section (1) of section 10 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 deposited at
the rates specified in rule 12; and
(d) whether security, wherever necessary, has been deposited
by the applicant at the rates specified in sub-rule (1) of rule 10.
9. Grant or refusal of licence.— (1) The Licensing Officer shall make such enquiry as he considers necessary to satisfy himself about the eligibility of the applicant for a licence.
(2) The Licensing Officer shall pass orders within thirty days from the date of receipt of the application, either granting or refusing the licence applied for.
203
PART–II] LA GAZETTE DE L'ETAT
(3) (i) Where the Licensing Officer is of opinion that licence should not be issued, he shall, after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application.
(ii) The Licensing Officer shall record the reasons for the refusal
and shall communicate the order 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 specified 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 expired, the Licensing Officer, if he is of the view that any amount out of the security, if any, deposited in respect of that licence is to be refunded to the applicant under rule 17, he may on an application made for that purpose in Form-VII by the applicant adjust the amount so to be refunded towards the security, if any, required to be deposited in respect of the application for the new licence and the applicant need deposit, in such a case, only the balance amount, if any, after making such adjustment.
(3) The amount of security deposit shall be paid in the local treasury under the respective Head of the Government Account "8443- Civil Deposits - 800-Other Deposits-800(01) Deposits under the Puducherry Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 2012".
11. Forms and terms and conditions of licence.— (1) Every licence
issued under sub-section (1) of section 8 shall be in Form-VIII.
(2) Every licence granted under sub-rule (1) of this rule or renewed under rule 15 shall be subject to the following conditions, namely.—
(i) The licence shall be non-transferable;
(ii) the terms and conditions of the agreement or the arrangement under which the migrant workman is recruited or employed;
204
LA GAZETTE DE L'ETAT
(iii) The number of migrant workmen recruited or employed;
(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 (Central Act 11 of 1948) for such employment and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed;
(vi) Save 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 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 Commissioner of Labour ;
(b) In other cases, the 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;
(viii) Every migrant workman shall be entitled to allowances, benefits, facilities, etc., as prescribed in the Act and the rules;
(ix) No female migrant workman shall be employed by any
contractor before 6.00 a.m. or after 7.00 p.m.:
Provided that this clause shall not apply to the employment of female migrant workmen in pit head baths, creches and canteens and midwives and who are nurses in hospitals and dispensaries;
205
PART–II] LA GAZETTE DE L'ETAT
(x) The contractor shall notify any change in the number 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;
(xii) 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;
(xiv) Any change in the number of migrant workmen shall be notified to the Licensing Officer within seven days of such change.
12. Fees.— (1) The fees to be paid for the grant of certificate of registration of an establishment under sub-section (1) of section 4 shall be as specified below:—
If the number of migrant workmen proposed to be employed
in the establishments on any day—
(a) is 5 but does not exceed 20 . . ` 60
(b) exceeds 20 but does not exceed 50 . . ` 150
(c) exceeds 50 but does not exceed 100 . . ` 300
(d) exceeds 100 but does not exceed 200 . . ` 600
(e) exceeds 200 but does not exceed 400 . . ` 1,200
(f) exceeds 400 . . ` 1,500
(2) The fees to be paid for grant or renewal of a licence under
section 8 shall be as specified below:-
If the number of workmen employed by the contractor on any day-
(a) is 5 but does not exceed 20 . . ` 15
(b) exceeds 20 but does not exceed 50 . . ` 40
(c) exceeds 50 but does not exceed 100 . . ` 80
(d) exceeds 100 but does not exceed 200 . . ` 150
(e) exceeds 200 but does not exceed 400 . . ` 300
(f) exceeds 400 . . ` 400 206
LA GAZETTE DE L'ETAT
13. Validity of the licence.— Every licence granted under rule 9 or renewed under rule 15 shall remain in force for a period of twelve months from the date of order granting/renewing the licence.
14. Amendment of the licence.— (1) A licence granted under rule 9 or renewed under rule 15 may, for good and sufficient reasons be amended by the Licensing Officer on an application from the contractor.
(2) The application for the amendment of a licence shall be
accompanied by-
(i) a statement indicating the nature of the amendment and
reasons therefor;
(ii) a treasury receipt showing that the appropriate fee for the
amendment of licence has been paid in the local treasury; and
(iii) the licence originally granted.
(3) The fee for the amendment of licence shall be five rupees plus the amount that would have been payable if the licence had originally been issued in the amended form deducting the fees already paid for the grant of licence.
(4) An application for the amendment of the licence shall be dealt with by the Licensing Officer in the same manner as an application for grant of licence.
(5) Where the application for amendment is refused, the Licensing Officer shall record the reasons for such refusal and communicate the same to the contractor.
15. Renewal of licence.— (1) Every contractor may apply to the
Licensing Officer for renewal of the licence.
(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 licence is renewed.
(3) The fees chargeable 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:
207
PART–II] LA GAZETTE DE L'ETAT
Provided further that in case where the Licensing Officer is satisfied that the delay in submission of the application is due to unavoidable circumstances beyond the control of the contractor, he may reduce or remit as he deems fit the payment of such excess fee.
16. Issue of duplicate certificate of registration or licence.— (1) Where a certificate of registration or a licence granted under rule 9, or renewed under rule 15 is lost, stolen, defaced or destroyed, the principal employer or the contractor shall forthwith report the matter to the Registering Officer or the Licensing Officer, as the case may be, by whom the registration certificate or licence was issued or as the case may be, last renewed and may make an application to that officer for the issue of a duplicate registration certificate or a licence.
(2) The fee for the grant of a duplicate registration certificate/ licence shall be ` 20. The application for the grant of duplicate registration certificate or licence shall be accompanied by a treasury receipt for the above amount.
(3) On receipt of the application the Registering Officer or the Licensing Officer concerned shall furnish to the applicant a duplicate copy of the certificate of registration or licence duly stamped 'duplicate' in red ink.
17. Refund of security.— (1) (a) On the expiry of the period 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.
(b) If the Licensing Officer, is satisfied that there is no breach of the conditions of licence or there is no order under section 10 for the forfeiture of security or any portion thereof, he shall direct the refund of the security to the applicant.
(2) If there is any order directing the forfeiture of the whole or any part of the security, the amount to be forfeited 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, be
disposed of within sixty days of the receipt of the application.
208
LA GAZETTE DE L'ETAT
18. Appeals and procedures.— (1) (a) Every appeal under section 11 shall be prepared in the form of a memorandum signed by the appellant or his authorised agent and presented to the appellate officer in person or sent to him by registered post.
(b) The memorandum shall be accompanied by a certified copy
of the order and a treasury receipt for ` 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 does 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 appellant.
(5) Where the memorandum of appeal is in order, the appellate officer shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in the register of appeals kept for the purpose.
(6) (a) When the appeal has been admitted, the 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. The Registering Officer or as the case may be, the Licensing Officer shall thereupon send the record of the case to the appellate officer.
(b) 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 hearing 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) (a) Where an appeal has been dismissed under sub-rule (7), the appellant may apply to the appellate officer for readmission of the appeal, and where it is proved that he was prevented by any sufficient c a u s e f r o m a p p e a r i n g w h e n a p p e a l w a s c a l l e d o n f o r h e a r i n g , the appellate officer shall restore the appeal on its original number.
209
PART–II] LA GAZETTE DE L'ETAT
(b) An application under clause (a) shall, unless the appellate officer extends the time for sufficient reasons, be made within thirty days of the date of dismissal.
(9) (a) If the appellant is present when the appeal is called on for hearing, the appellate officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for the purpose, and pronounce judgment on the appeal either confirming, reversing or modifying the order appealed from.
(b) The judgment of the appellate officer shall state the points
for determination, decisions thereon and the reasons for the decisions.
(c) 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 ` 5 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) All fees relating to registration, licensing and appeals etc., shall be paid into the local treasuries under the respective Head of Account of the Government "0230-Labour and Employment-800 Other Receipts-800(1) Registration Fee under the Puducherry Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 2012" and receipt obtained shall be submitted with the application for registration certificate or licence as the case may be, or memorandum of appeal. The security Deposit are to be booked under the Head "8443-Civil Deposits - 800- Other Deposits-800(01) Deposits under the Puducherry Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 2012."
CHAPTER–IV
DUTIES OF THE CONTRACTOR
21. Particulars of migrant workman.— (1) Every contractor shall furnish to the specified authorities particulars regarding recruitment and employment of migrant workmen in Form-X.
210
LA GAZETTE DE L'ETAT
(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 the migrant workman the return fare from the place of employment to the place of residence in the home-State of the migrant workman on the expiry of the period of employment and also on his—
(a) termination of service before the expiry of the period of
employment for any reason whatsoever;
(b) being incapacitated for further employments on account of injury or continued ill-health duly certified 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 workman; and
(d) resignation from service on account of non-fulfillment of
terms and conditions of his employment by the contractor.
23. Pass book.— (1) In the pass book referred to in clause (b) of sub-section (1) of section 12, the following additional particulars shall be provided, namely:-
(a) The date of recruitment;
(b) The date of employment;
(c) Wage period, total attendance/unit of work done, (in respect of piece-rated migrant workman)/total wages earned / 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; and
(d) name and address of the next of kin 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 the nature of serious bodily injury sustained by the migrant workman, as the case may be, date, place and nature of accident. The contractor shall further send written report 211
PART–II] LA GAZETTE DE L'ETAT
to the specified authorities concerned and the next of the kins of the migrant workman, undermentioned particulars, by registered post, within 24 hours of the occurrences of the accident:-
(i) Name of the migrant workman;
(ii) Date, place and nature of accident;
(iii) Condition of the migrant workman (if alive);
(iv) Action taken by the contractor / principal employer; and
(v) Remarks.
(3) If the contractor fails to send the telegraphic intimation and/ or written report as required under sub-rule (2), the principal employer shall comply with the requirements of sub-rule (2) as early as possible but in any case not later than 48 hours from the time of occurrence of the accident.
24. Return and report.— Every contractor shall furnish a return to the specified authorities concerned in Form-XI regarding the migrant workmen who have ceased to be employed either personally or by registered post so as to reach them not later than 15 days from the date, the migrant workman ceased to be employed.
CHAPTER–V
WAGES
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 performed 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 workmen directly employed by him in that establishment or the minimum rates of wages notified by the Government under the Minimum Wages Act, 1948 ( Central Act XI of 1948 ) for the same or similar type of work performed by workmen in any scheduled 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 establishment in the State in which the establishment is located whichever 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 clause (b) of sub-section (1) of section 13, the same shall be decided by the
Commissioner of Labour.
212
LA GAZETTE DE L'ETAT
26. Wage period.— The contractor shall fix wage periods in respect
of which wages shall be payable.
27. Limit of wage period.— 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 the expiry of the seventh day and in other cases before the expiry of the tenth day every month.
29. Payment on termination.— Where the employment of any migrant workman is terminated by or on behalf of the contractor, the wages earned by the migrant workman shall be 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 on a working day at the work site and during the working time and on a date notified in advance. In case the work is completed before the expiry of the wage-period, final payment, shall be made within forty-eight hours of the last working day.
31. Payment to authorised persons.— Wages due to every migrant workman shall be paid to him direct or to other persons duly authorised by him in this behalf.
32. The mode of payment and deduction of wages.—All wages shall be paid in current coin or in currency or in both. Wages shall be paid without any deduction of any kind except those specified by the Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936 ( Central Act IV of 1936 ).
33. Particulars regarding the disbursement of wages to be displayed.— 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 acknowledgment.
34. The presence of authorised representative at the time of disbursement of wages.— The principal employer shall ensure the presence of his authorised representative at the time of disbursement of wages by the contractor to the migrant workman and it shall be the duty of the contractor to ensure the disbursement of wages in the
presence of such authorised representative.
213
PART–II] LA GAZETTE DE L'ETAT
35. Certificate of the authorised representative.— 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 form:-
"Certified that the amount shown in column No. has been made to the migrant workman concerned in my presence on………………".
CHAPTER–VI
MEDICAL AND OTHER FACILITIES TO BE
PROVIDED TO MIGRANT WORKMEN
36. Holidays, hours of work and other conditions of service.— (1) Holidays, hours of work including extra wages for overtime work done and other conditions of service of migrant workmen shall not be less favourable than those obtaining in that establishment or in similar employments in the area in which the establishment is located, as the case may be.
(2) Where there is any dispute in this regard or with regard 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 Commissioner of Labour.
37. Medical facilities.— (1) The contractor shall ensure provisions of suitable and adequate medical facilities for outdoor 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 provided by the contractor or the principal employer, as the case may be, or any registered medical practitioner, the cost of such medicine including consultation fee at such rates as may be prescribed by the Government 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 migrant workman:
Provided that the rates of consultation fee may be revised
periodically by the Government not later than once in four years.
214
LA GAZETTE DE L'ETAT
(2) In the event of the migrant workman or any of his family
members suffering from any ailment requiring hospitalisation during his
employment in the establishment the contractor shall promptly arrange
for the hospitalisation of the migrant workman or the concerned member
of his family. The contractor shall bear entire expenses on treatment,
hospital charges (including diet), if any, and travel expenses for the
patient from the place of his/her residence to the 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 one 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 following equipment, namely:-
(a) For the establishments in which number of migrant
workmen employed does not exceed fifty, each first-aid box shall
contain the following equipment:-
(i) 6 small sterilised dressings;
(ii) 3 medium size sterilised dressings;
(iii) 3 large size sterilised dressings;
(iv) 3 large sterilised burn dressings;
(v) 1 (50 ml.) bottle containing a two per cent. alcoholic
solution of iodine.
(vi) 1 (50 ml.) bottle containing salvolatile having the dose
and mode of administration indicated on the label;
(vii) 1 snake-bite lancet;
(viii) 1 (30 gms.) bottle of potassium permanganate crystals;
(ix) 1 pair of scissors;
(x) 1 copy of the first-aid leaflet issued by the
Director General, Factory Advisory Service and
Labour Institutes, Government of India ;
(xi) A bottle containing 100 tablets (each of 5 grains ) of aspirin ;
(xii) Ointment for burns ;
(xiii) A bottle of suitable surgical antiseptic solution.
215
PART–II] LA GAZETTE DE L'ETAT
(xiv) Eye drops ;
(xv) Six roller bandages of 10 cm. wide ;
(xvi) Six roller bandages of 5 cm. wide ;
(xvii) Six triangular bandages.
(b) For establishments in which the number of migrant
workmen exceeds fifty, each first-aid box shall contain the
following equipment:-
(i) 12 small sterilised dressings ;
(ii) 6 medium size sterilised dressings ;
(iii) 6 large size sterilised dressings ;
(iv) 6 large size sterilised burn dressings ;
(v) 6 ( 15 gms. ) packets sterilised cotton wool ;
(vi) 1 ( 60 ml. ) bottle containing a two per cent. alcoholic
solution 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 gms.) bottle of potassium permanganate crystals;
(xi) 1 pair of scissors ;
(xii) 1 c o p y o f t h e f i r s t - a i d l e a f l e t i s s u e d b y
the Director-General, Factory Advisory Service and
Labour Institutes, Government of India ;
(xiii) A bottle containing 100 tablets (each of 5 grains) of aspirin ;
(xiv) Ointment for burns ;
(xv) A bottle of a suitable surgical antiseptic solution ;
(xvi) Eye drops ;
(xvii) Twelve roller bandages of 10 cm. wide ;
(xviii) Twelve roller bandages of 5 cm. wide ;
(xix) Six triangular bandages.
216
LA GAZETTE DE L'ETAT
(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 shall be incharge of a responsible person
who shall always be readily available during the working hours of the
establishment.
(8) The person in-charge of the first-aid box shall be a person
trained in first-aid treatment in establishments where the number of
migrant workmen is one hundred and fifty or more.
38. Protective clothing.— (1) The contractor shall provide to every
migrant workman where the temperature falls below 20 degree centigrade,
protective clothing consisting of one woollen coat and one woollen
trousers, woollen cap once in two years:
Provided that where the temperature falls below 5 degree
centigrade a woollen overcoat shall also be provided to the migrant
workman once in three years.
(2) The protective clothing shall be provided by the contractor
to every migrant workman before onset of winter season in the area where
the establishment is located or on the 30th day of September whichever
is earlier.
39. Drinking water, latrines, urinals and washing facilities.—
(1) The contractor shall provide sufficient quantity of wholesome
drinking water, sufficient number of sanitary latrines and urinals,
washing facilities for the migrant workmen at the establishment in the
case of existing establishments, within seven days of the commencement
of these rules, and in case of new establishment, within seven days of
the commencement of employment of migrant workmen thereon.
(2) If any of the facilities is not provided by the contractor
within the specified period, the same shall be provided by the principal
employer within seven days of the expiry of the period specified
in sub-rule (1).
217
PART–II] LA GAZETTE DE L'ETAT
40. Rest rooms.— (1) In every place where migrant workmen are required to halt 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, the contractor shall provide and maintain rest rooms or other suitable alternative accommodation within fifteen days of the coming into force of these 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 the amenity is not provided by the contractor within 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 ventilation by circulation of fresh air, and there shall also be provided and maintained sufficient and
suitable natural and artificial lighting.
(5) The rest rooms, or other suitable alternative accommodation 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 heat, wind, rain and shall have smooth, hard and impervious floor surface.
(7) The rest rooms or other suitable accommodation shall be at
a convenient distance from the establishment and shall 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 numbering one hundred or more are ordinarily employed an adequate canteen shall be provided by the
contractor for the use of such migrant workmen within sixty days of the date of coming into force of these rules in the case of the existing establishments, and within sixty days of commencement of the
employment of migrant workmen in the case of new establishments.
218
LA GAZETTE DE L'ETAT
(2) If the contractor fails to provide canteen within the specified period the same shall be provided by the principal employer within sixty days of the expiry of the period specified in sub-rule (1).
(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 times when
any person has access to it.
(ii) The floor shall be made of smooth and impervious material and the inside walls shall be lime-washed or colour-washed at least once in each year:
Provided that the inside walls of the kitchen shall be lime-washed
every four months.
(6) (i) 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 not be allowed to accumulate so as to cause a nuisance.
(iii) Suitable arrangements shall be made for the collection and disposal of garbage. The canteen building shall be situated not less than 15.2 metres from any latrine, urinal or any other source of dust, smoke or obnoxious fumes.
(7) The dining 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 be not less than one square metre per diner to be accommodated as specified in sub-rule (7).
(9) (i) A portion of the dining hall 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 separate and
screened to secure privacy.
219
PART–II] LA GAZETTE DE L'ETAT
(10) (i) Sufficient tables, stools, chairs or benches shall be
available for the diners to be accommodated as specified in sub-rule (7).
(ii) Wash basins with the adequate water supply shall be
provided in the dining hall for the use of workers.
(iii) Soaps and towels shall be provided at the washing
places in the dining hall.
(11) (i) There shall be provided and maintained sufficient
utensils, crockery, cutlery, furniture and any other equipment necessary
for the efficient running of the canteen.
(ii) The furniture, utensils and other equipment shall be
maintained in a clean and hygienic condition.
(12) (i) Suitable clean clothes for the employees serving in the
canteen shall be provided and maintained.
(ii) A service counter, if provided, shall have top of smooth
and impervious material.
(iii) Suitable facilities including an adequate supply of hot
water shall be provided for the cleaning of utensils and equipment.
(13) The foodstuffs and other items to be served in the canteen
shall be in conformity with the normal habits of the migrant workmen.
(14) The charges for meals, 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 foodstuffs and other articles
served in the canteen the following items shall not be taken into
consideration as expenditure, namely :-
(i) The rent for the land and buildings;
(ii) The depreciation and maintenance charges for the
building and equipment provided for in the canteen;
(iii) The cost of purchase, repairs and replacement of
equipments including furniture, crockery, cutlery and utensils;
(iv) The water charges and other charges incurred for
lighting and ventilation;
220
LA GAZETTE DE L'ETAT
(v) The interest on the amounts spent on the provision and maintenance of furniture and equipment provided for in the canteen.
(16) The books of accounts and registers and other documents in connection with the running of the canteen shall be produced on demand to the Inspector.
(17) The accounts pertaining to the canteen shall be audited once in every twelve months by registered accountants and auditors :
Provided that the Commissioner of Labour may approve of any other person to audit the accounts, if he is satisfied that if 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
establishment 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 at east one latrine
for every 25 males:
Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for 25 males or females, as the case may be, up to the first 100, and one for every 50 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 workmen of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice in Tamil as well as in the language understood by the majority of the workmen 'For Men only', or 'For Women only', as the case may be.
(ii) The notice shall also bear the figure of a man or of a woman,
as the case may be.
(4) There shall be at least one urinal for male workers up to fifty
and one for female up to fifty employed at a time:
Provided that where the number of male or female workers, as the case may be, exceeds 500 it shall be sufficient if there in one urinal for every fifty males or females up to the first 500 and one for every 100 or part thereof thereafter.
221
PART–II] LA GAZETTE DE L'ETAT
(5) The latrines and urinals shall be conveniently situated
and accessible 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) Where piped water-supply is available, sufficient number of water taps conveniently accessible shall be provided in or near the
latrines and urinals and where there is no continuous supply of water, water cisterns with cans shall be provided for washing purposes in or near such latrines and urinals.
43. Washing facilities.— (1) In every establishment adequate and suitable facilities for washing shall be provided and maintained for the use of migrant workmen employed therein.
(2) If female workers are employed, separate washing facilities shall be provided and so enclosed or screened that the interiors are not visible from any place where males work or pass. The entrance to
such facilities shall bear conspicuous notice in Tamil "For Women only". The notice shall bear the picture of a woman.
(3) Such facilities shall be conveniently accessible and shall
be kept in clean and hygienic condition.
(4) The washing facilities shall include the provisions of adequate number of buckets and tumblers or mugs and water supply
at the rate of 20 liters a day for each workman employed.
44. Crèche.— (1) In every establishment where 20 or more workmen are ordinarily employed as migrant workmen and in which
employment of migrant workmen is likely to continue 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 for the coming into force or these rules, in case of an existing establishment, and within fifteen days of the commencement of the employment of not less then twenty women as
migrant workmen in new establishments.
222
LA GAZETTE DE L'ETAT
(2) One of such rooms shall be used as playroom for the children
and the other as bedroom for the children.
(3) If the contractor fails to provide the crèche within the
specified period, the same shall be provided by the principal employer within fifteen days of the expiry of the period specified in sub-rule (1).
(4) The contractor or the principal employer as the case may
be, shall supply adequate number of toys and games in the playrooms and sufficient number of cots and beddings in the sleeping room.
(5) The crèche shall be so constructed as to afford adequate
protection against the heat, dampness, wind, rain and shall have smooth, hard and impervious floor surface.
(6) The crèche 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 crèche for securing and maintaining adequate ventilation by circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting.
45. Residential accommodation.—(1)The contractor shall provide
to every migrant workman :-
(a) in case he is accompanied by any other member of his family
a suitable quarter consisting of minimum one room having at least a floor area 10 square metres, a verandah and adequate additional covered space for cooking food as well as one common sanitary
latrine, one common bathroom for every three such quarters; and
(b) in case he is unaccompanied by any other member of his family a suitable barrack 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 one common sanitary latrine, common bathroom for every ten such migrant workmen within fifteen days of coming into force of these rules in the case of an existing
establishments and within fifteen days of the commencement of the employment of the migrant workmen in new establishment.
223
PART–II] LA GAZETTE DE L'ETAT
(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 bathrooms provided therein shall be
kept in a clean 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 specified in sub-rule (1).
(6) If there is any dispute or disagreement regarding suitability
o r a d e q u a c y o f p r o v i s i o n o f a n y o f t h e a m e n i t i e s r e f e r r e d t o i n
sub-rules (1) to (4) above, the same shall be decided by the
Commissioner of Labour.
46. Liability of the principal employer in certain cases.— If any
allowance required to be paid under section 14 or section 15 to a migrant
workman employed in an establishment is not paid by the contractor or
if any facility specified in section 16 is not provided for the benefit of
such migrant workman, 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 these rules:
Provided that in case of ailment requiring urgent medical attention
or hospitalisation as the case may be, the principal employer shall
provide the same immediately on the failure of the contractor to do so.
47. Relaxation in certain cases.— If the contractor or principal
employer, as the case my be, has already provided any facility relating
to supply of wholesome drinking water of restrooms or latrines and
urinals or washing, canteen or creche or first-aid as required under any
act applicable to the establishment and the same is adequate and also
available for use for the migrant workmen, that facility shall be deemed
to be provided for under these rules.
224
LA GAZETTE DE L'ETAT
CHAPTER–VII
REGISTERS AND RECORDS-COLLECTION OF STATISTICS
48. Register of contractors.—Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form-XII.
49. Register of persons employed.—Every principal employer and contractor shall maintain in respect of each establishment where they employ migrant workmen a register in Form-XIII.
50. Service certificate.— On termination of employment for any reason whatsoever, the contractor shall issue to the migrant workman whose service has been terminated a service certificate in Form-XIV.
51. Displacement-cum-outward journey allowances sheet and return journey allowances register.— (1) Every contractor shall maintain displacement-cum-outward journey allowance sheet as required under section 14 in Form-XV and return journey allowance register as required under section 15 in Form-XVI.
(2) Entries in the sheet and the register required to be maintained under sub-rule (1) shall be authenticated by the contractor or his duly authorised representative.
52. Muster roll, wages register, deduction register and overtime register— (1) In respect of establishments which are governed by the Payment of Wages Act, 1936 (Central Act IV of 1936) and the rules made thereunder or the Minimum Wages Act, 1948 (Central Act XI of 1948) and the rules made thereunder, or Contract Labour ( Regulation and Abolition) Act, 1970 (Central Act 46 of 1970) and the rules made thereunder, the following registers and records required to be maintained by the 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.
(a) Muster roll ;
(b) Register of wages ;
(c) Register of deductions ;
(d) Register of fines ;
(e) Register of overtime ; and
(f) Register of advances.
225
PART–II] LA GAZETTE DE L'ETAT
(2) In respect of establishments 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 register and a register of wages in Forms-XVII and Form-XVIII respectively.
(b) Signature or thumb-impression of every migrant workman on the register of wages shall be obtained and entries therein shall be authenticated by the signature of the contractor or his authorised representative, and duly certified by the authorised representative of the principal employer as required by rule 35.
(c) Register of deduction for damage or loss, register of fines and registers of advances shall be maintained by every contractor in Forms-XIX, XX and XXI respectively.
(d) Every contractor shall maintain register of overtime
in Form-XXII.
(3) Notwithstanding anything contained in these rules, where a combined or an alternative form is sought to be used by the contractor to avoid duplication of work for compliance with the provisions of any other law or regulations or 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 Commissioner of Labour.
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 up to date, and, unless otherwise provided for, shall be kept at an office of the nearest convenient building within the precincts of the work place or at a place, if any, specified by the Inspector on the specific request make by the contractor in this behalf.
(2) All the registers shall be maintained legibly in English or Tamil.
(3) All the registers and other records shall be preserved in original for a period of 3 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 any other authority under the Act or any person authorised in that behalf by the Government.
226
LA GAZETTE DE L'ETAT
(5) Where no deduction or fine has been imposed or where, there has been no overtime, 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 respectively.
54. Display of an abstract of the Act and the rules.— Every contractor shall display an abstract of the Act and rules in Tamil and English in such forms as may be notified by the Government.
55. Notices.— (1) (a) Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of the Inspectors having jurisdiction, and date of payment of unpaid wages, shall be displayed in Tamil and in English and in the local language understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal employer or the contractor, as the case may be.
(b) 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 be communicated to him forthwith.
56. Periodical returns.— (1) Every contractor 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.
Explanation.— Half year for the purposes of this rule means a period of six months commencing from the 1st January and 1st July of every year.
(2) Every principal employer of a registered establishment shall send 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. Power to call for information.— (1) The Labour Commissioner or the Inspector or any other authority under the Act shall have powers to call for any information or statistics in relation to migrant workmen from any contractor or principal employer at any time by an order in writing.
227
PART–II] LA GAZETTE DE L'ETAT
(2) Any person called upon to furnish to information under
sub-rule (1) shall be legally bound to do so.
CHAPTER–VIII
LEGAL AID TO MIGRANT WORKMEN
58. Legal aid.— On receipt of a written application from migrant
workmen 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 Wages Act, 1936 (Central Act IV of 1936)
or Authority under section 20 of the Minimum Wages Act, 1948 (Central
Act XI of 1948) or appropriate Labour Court under section 33C (2) of
the Industrial Disputes Act, 1947 (Central Act XIV of 1947) or
Commissioner for Workmen's Compensation under the Workmen's
Compensation Act, 1923 (Central Act VII of 1923), in which the migrant
workman or his legal heir is a party, the specified authority concerned,
if he is satisfied, may with the prior approval of the Commissioner of
Labour engage an advocate to conduct the relevant proceedings on
behalf of the migrant workman or his legal heir as the case may be and
meet all legal expenses in this regard.
CHAPTER-IX
APPEAL
59. Appeal.—(1) Any person aggrieved by an order made under
section 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 after
the expiry of the said period of thirty days, if he is satisfied that the
appellant was prevented by sufficient cause from filing the appeal
in time.
(2) On receipt of an appeal under sub-section (1), the Appellate
Officer shall, after giving the appellant an opportunity of being heard,
dispose of the appeal as expeditiously as possible.
228
LA GAZETTE DE L'ETAT
FORM-I
[See rule 3 (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. Name and addresses of the directors/particular :
partners (in case of companies and firms).
5. Full name and address of the Manager or person : responsible for the supervision and control of the establishment.
6. Nature of work carried on in the establishment :
7. Particulars of contractors and migrant workmen—
(a) Name 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 :
employed 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 treasury challan - (Name of the :
Treasury, amount, number and date).
I hereby declare that the particulars given above are true to the
best of my knowledge and belief.
Principal employer :
Seal and stamp :
Office of the Registering Officer :
Date of receipt of application :
229
PART–II] LA GAZETTE DE L'ETAT
FORM-II
[See rule 4 (1)]
CERTIFICATE OF REGISTRATION
GOVERNMENT OF PUDUCHERRY
OFFICE OF THE REGISTERING OFFICER
A certificate of registration containing the following particulars is hereby granted under clause (a) of sub-section (2) of section 4 of the
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 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 workers are to :
be employed or are employed.
4. Maximum number of migrant workmen to be : employed on any day through each contractor.
5. Other particulars relevant to the employment of :
migrant workmen.
(i)
(ii)
Date:
Signature of Registering Officer
with seal.
| (1) | Serial Number | ||
| (2) | Registration No. and date | ||
| (3) | Name and address of the establishment registered | ||
| (4) | Name of the principal employer and his address | ||
| (5) | Type of business, trade, industry, manufacture or occupation, which is carried on in the establishment | ||
| (6) | Maximum No. of migrant workmen directly employed on any day | ||
| (7) | Name and address of contractor | inter-State migrant workmen Particulars of contractor and | |
| (8) | Nature of work for which migrant workmen are to be recruited or are employed | ||
| (9) | Maximum No. of migrant workmen employed on any day through a contractor | ||
| (10) | Probable duration of employ- ment of migrant workmen | ||
| (11) | Remarks |
LA GAZETTE DE L'ETAT
230 231
PART–II] LA GAZETTE DE L'ETAT
FORM–IV
[See rule 7 (1)]
APPLICATION FOR LICENCE FOR RECRUITMENT
1. Name and address of the contractor (including : h i s / h e r fa t h e r ' s / hu s b a n d ' s n a m e i n c a s e of individuals).
2. Date of birth and age (in case of individuals) :
3. Particulars of establishment where migrant :
workmen are to be employed.
4. (a) Name and address of the establishment :
(b) Type of business, trade, industry, manufacture : or occupation, which is carried on in the establishment.
(c) Number and date of certificate of registration :
of the establishment under the Act.
(d) Name and address of the principal employer :
5. Particulars of migrant workmen— :
(a) Nature of work for which migrant workmen :
are employed in the establishment.
(b) Duration of the proposed contract work : (give particulars of proposed date of commencing and ending).
(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(es) 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.
232
LA GAZETTE DE L'ETAT
6. Whether the contractor was convicted of any :
offence within the preceding five years. If so,
give details.
7. Whether there was any order against the contractor :
revoking or suspending licence or forfeiting
security deposits in respect of an earlier contract.
If so, the date of such order.
8. Whether the contractor has worked in any :
establishment within the past five years. If so,
give details of the principal employer,
establishment and nature of work.
9. Whether a certificate by the principal employer :
in Form-VI is enclosed?
10. Amount of licence fee paid-treasury challan :
number and date.
11. Amount of security deposit, if any. :
DECLARATION
I hereby declare that the details given above are correct to the best
of my knowledge and belief.
Signature of the applicant.
Place:
Date:
(Contractor).
Note: The application should be accompanied by a treasury challan
showing the payment of the prescribed licence 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 treasury challan for fees.
Signature of the Licensing Officer.
233
PART–II] LA GAZETTE DE L'ETAT
FORM-V
[See rule 7 (2)]
APPLICATION FOR LICENCE FOR EMPLOYMENT
1. Name and address of the contractor (including his/her :
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 :
or occupation, which is carried on in the establishment.
(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 operation of work for which migrant :
workmen are employed or are to be employed in the establishment.
(b) Duration of the proposed contract work (give :
particulars of proposed date of commencing and ending).
(c) Name and addressess 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 address of the directors/partners :
(in case of companies and firms).
(f) Names(s) and address(es) 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.
234
LA GAZETTE DE L'ETAT
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? 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 by the principal employer in :
Form-VI is enclosed?
9. Amount of license fee paid-treasury challan No. :
and date
10. Amount of security deposit, if any.
DECLARATION
I hereby declare that the details given above are correct to the best
of my knowledge and belief.
Signature of the applicant.
Place:
Date:
(Contractor).
Note: The application should be accompanied by a treasury challan
showing the payment of the prescribed licence 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 treasury challan for fees.
Signature of the Licensing Officer.
235
PART–II] LA GAZETTE DE L'ETAT
FORM-VI
[See rule 7 (3) (a) ]
FORM OF CERTIFICATE BY PRINCIPAL EMPLOYER
Certified that 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 the Inter-State Migrant Workmen (Regulation
of Employment and Conditions of Service) Act, 1979 (Central Act 30 of
1979) and the Puducherry Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Rules, 2012 in so far as the
provision are applicable to me in respect of the employment of migrant
workmen by the applicant in my establishment.
Place : Signature of principal employer
Date :
Name and address:
of establishment.
236
LA GAZETTE DE L'ETAT
FORM-VII
[See rule 10 (2)]
APPLICATION FOR ADJUSTMENT OF SECURITY DEPOSIT
1. Name and address of the contractor :
2. Number and date of application for fresh licence :
3. Date of expiry of previous licence :
4. Whether the previous licence of the contractor :
was suspended or revoked?
5. Number and date of the treasury challan of :
security deposit in respect of the previous
licence.
6. Amount of previous security deposit :
7. Amount of security deposit for the fresh licence :
8. Number and date of treasury challan of the :
balance security deposit deposited with the
fresh application.
9. Number and date of certificate of registration :
of the establishment in relation to which the
fresh licence is applied for.
10. Name and address of the principal employer :
11. Particulars of fresh application :
Place:
Signature of the applicant.
Date :
237
PART–II] LA GAZETTE DE L'ETAT
FORM-VIII
[See rule 11 (1)]
GOVERNMENT OF PUDUCHERRY
OFFICE OF THE LICENSING OFFICER
Licence No. Dated Fee paid `
LICENCE
Licence is hereby granted to ………… under sub-section (1) of
section 8 of the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979 (Central Act 30
of 1979), subject to the conditions specified in the annexure.
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 indicated).
3. The licence shall remain in force till ......................................
(date to be indicated).
Signature and
seal of Licensing Officer.
RENEWAL
(See rule 15)
Date of renewal Fee paid for renewal Date of expiry
1.
2.
3.
Signature and
Date:
seal of Licensing Officer.
238
LA GAZETTE DE L'ETAT
ANNEXURE
The licence is subject to the following conditions:-
1. The licence shall be non-transferable.
2. The number of workmen employed as migrant workmen in the establishment shall not, on any day, exceed the maximum number specified in the application for licence.
3. Save as provided in these rules the fees paid for the grant, or as the case may be, for renewal of licence shall be non-refundable.
4. 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 (Central Act 11 of 1948) for such employment where applicable and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed.
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 referred to the Commissioner of Labour whose decision thereon shall be final.
(b) In other cases the wage rates, holidays, hours of work, and conditions of service of the migrant workmen of the contractor shall be such as prescribed in these rules.
6. Every migrant workman shall be entitled to allowances,
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 workman in pit head baths, creches and canteens and as midwives and nurses in hospitals and dispensaries.
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 the provisions of the Act
and these rules.
10. A copy of licence shall be displayed prominently at the
premises where the migrant workmen are employed.
239
PART–II] LA GAZETTE DE L'ETAT
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?
5. Number and date of the treasury challan :
enclosed:
Place:
Signature of the applicant.
Date :
(To be filled in the Office of the Licensing Officer)
Date of receipt of the application with
treasury challan No. and date :
Signature of
the Licensing Officer.
D
| (1) | Serial number | |
| (2) | Name of the migrant workman | |
| (3) | Father's/Husband's name | |
| (4) | Sex | |
| (5) | Age | |
| (6) | Permanent home address | |
| (7) | Name and address of the next of kin of the migrant workman | |
| (8) | Place and address of residence in the home State | |
| (9) | Amount of displacement allowance paid | |
| (10) | Amount of outward journey allowance paid | |
| (11) | Amount of wages for outward journey period paid | |
| (12) | Nature of job required to be performed | |
| (13) | Date of recruitment | |
| (14) | Date of employment | |
| (15) | Details of rates of wages and other allowances payable | |
| (16) | Period of contract of employment | |
| (17) | Details of other service conditions | |
| (18) | Remarks |
6 5 4 3
2 1
a
. . . .
. .
t
e
:
N N N N w N N
a
a
a
a
a a
h o
m
m
m
m
m m
e
e
e
e
e e
m
o
o
f
f
t
a n d
a n d
a n d
a n d
t
r e c r
h e
u
h e
i t
S
t
a d d
a d d
a d d
a d d
S
m
a
t
t
a
e
t
e n
i
t
e
r e s s
r e s s
r e s s
r e s s
n
i
o
o
o o
n
f
f
f
f
w
h a s
h
t
t
t t
i
w
h
h e
h e
h e
h e
c h
i
t p
c h
b e e n
e s t
r i
h e
s u b
c o n
m
p
a b
n c
l
i
r e c r
t r a c
u
- c o n
a d e
p a
t
a c e
l i s h
.
l
i t
o
P A R T
o
r
m
e
m
I
f
t r a c
t
e n
m
e n
t
w
o
t
p
r
o
l
r
t
k
w
h
r
a s
i s
o y e r
l
C U L O R S
m
o u g h
o c a
r
u
l
N G
e
-
2 1
(
F O R M X
T H E
1
) ]
M
I
G R A N T
W O R K M E N
LA GAZETTE DE L'ETAT
240 Submitted to :
P A R T –
(1) .............................................
I I ]
...........................................
(Specified authority in the State in which migrant workman/workmen is/are employed.)
(2) .............................................
...........................................
L A
(Specified authority in the State from which the migrant workmen has/have been recruited.)
G A Z E T T E
Copy forwarded to ………………………. (The Principal Employer)
D E
L
'
Date :
Signature of the contractor or his
authorised representative.
E T A T
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.
2 4 1
| (1) | Serial number | |
| (2) | Name of migrant workman | |
| (3) | Father's/Husband's name | |
| (4) | Sex | |
| (5) | Designation | |
| (6) | Age | |
| (7) | Permanent home address indicating the State | |
| (8) | Place and address of residence in home State | |
| (9) | Date of employment | |
| (10) | Date on which ceased to be employed | |
| (11) | Total days worked | |
| (12) | Details of rates of wages and other allowances paid | |
| (13) | Amount of displacement allowance paid | |
| (14) | Amount of outward journey allowances and wages for outward | |
| (15) | Amount of return journey allowances and wages for return journey paid | |
| (16) | Total wages paid | |
| (17) | Details of compensation and other allowances | |
| (18) | Amount of deductions, if any | |
| (19) | Amount of advance, if any paid | |
| (20) | Amount of advance, if any recovered |
3
4
6 5
.
.
.
2 1
.
.
N
N
N
N
a
a
a
a
N N
a a
m
m m
m
r e c r
u m
e
m
e
e
e
o
o
f
f
e e
i t
m
t
a n d t
a n d
e n
a n d
a n d
t
h e
h e
S
a d d
a d d
S
t
t
a d d
a d d
h a s
a
a
t
t
e
e
r e s s
r e s s
i
r e s s
r e s s
i
n
o
o
n
b e e n
o o
f
f
f f
t
t
w
w
h
m
t
t
h
i
h e
h e
i
h e
h e
a d e
c h
p
c h
e s t
r i
.
t
s u b
c o n
a b
n c
h e
r e c r
i
u
p
t r a c
p a
l
i t
l i s h
l
m
m
e
a c e
- c o n
[
t
R
o
r
e
t
t r a c
e n
e n
m
t
u
t
t o
r
o
p
f
l
w
r
n
t
t
w
a s o
o y e r
r
h
o
r
k
m
b e
i s
o u g h
a d e
l
s e n
w
t
o c a
t
h o r u
t r a c
l
t
e - o
r
F O R M X
t
I
2 4 o )
t
h e
s p e c
i f i
e d
a u
t
h o
r i t i
e s ]
LA GAZETTE DE L'ETAT
242 DECLARATION
P A R T –
I I ]
I/We hereby declare that all the wages, other dues including displacement allowance, outward return journeys allowances and wages for journey periods payable to migrant workman/workmen named above and employed by me/us have been paid by me/us to him/them.
Signature of contractor or
authorised representative.
Place : Date :
Submitted to :
L A
(1) ............................................. ..........................................
(Specified authority in the State in which migrant workman/workmen is/are employed.)
G A Z E T T E
D E
(2) ............................................. ...........................................
L
'
(Specified authority in the State from which the migrant workmen has/have been recruited.)
E T A T
Copy forwarded to ……………………….... (The principal employer)
Signature of the contractor or his
Date :
authorised representative.
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.
2 4 3 FORM - XII
2 4 4
(See rule 48)
REGISTER OF CONTRACTORS
1. Name and address of the principal employer :
2. Name and address of the establishment :
| Serial number | Name and address of contractor | Nature of work on contract | Location of contract work | Period of contract | Maximum number of migrant workmen employed by contractor | |
| From To | ||||||
| (1) | (2) | (3) | (4) | (5) (6) | (7) | |
FORM-XIII
(See rule 49)
P A R T –
REGISTER OF WORKMEN EMPLOYED BY CONTRACTOR
I I ]
1. Name and address of contractor :
2. Name and address of the establishment :
3. Name and address of establishment in/under
which migrant workmen are employed :
4. Name and address of principal employer :
L A
| Serial number | migrant workmen Name and surname of | Age and sex | Father's/Husband's name | Nature of employment | and district) Permanet home address of migrant workmen (Village and tehsil/taluk | Local address | Date of commencement of employment | Signature or thumb- impression of migrant workment | Date of termination of employment | Reasons for termination | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) |
2 4 5
Signature of cotractor or his
authorised representative.
2 4 6
FORM-XIV
(See rule 50)
SERVICE CERTIFICATE
1. Name and address of contractor :
2. Name and address of establishment in/under
which migrant workmen are employed :
3. Name and address of principal employer :
L A
4. Nature and location of work :
5. Name and address of the migrant workman :
6. Age or date of birth
:
7. Identification marks
:
G A Z E T T E
8. Father's/Husband's name :
D E
| Serial number | Total period for which employed | Nature of work done | Rate of wages (with particulars of unit in case of piece-works | Remarks | |
| From To | |||||
| (1) | (2) | (3) | (4) | (5) | (6) |
Signature of contractor or his
authorised representative.
| (1) | Serial number | |
| (2) | Name of migrant workmen | |
| (3) | Father's/Husband's name | |
| (4) | Permanent home address indicating the State | |
| (5) | Place and address of resident in the home State | |
| (6) | Designation | |
| (7) | Rate of wages | |
| (8) | Wages payable | |
| (9) | Place of recruitment | |
| (10) | Place of work with address indicating the State | |
| (11) | Railway station/Bus stand nearest to the place of residence | |
| (12) | Railway station/Bus stand nearest to the place of work | |
| (13) | Date and time of commence- ment of journey from the place of residence | |
| (14) | Expected date and time of arrival at the place of work |
4 3 2 1
. . . .
N N N
M
a
a
a
o n
m
m m
t
e
e
e
h
a n d
a n d
a n d
a n d
D
I
a d d
a d d
a d d
y e a r
r e s s
r e s s
r e s s
o
o
o
f
f
f
p
r i
e s t
c o n
n c
a b
i
S P L A C E M E N T
t r a c
p a
t
l
l i s h
o
e r
m
m
e n
p
A N D
t
l
r
u
W A R D
l
e
F O R M
-
J
5 1
(
X V
1
) ]
O U R N E Y
A L L O W A N C E S
S H E E T
PART–II]LA GAZETTE DE L'ETAT
247 D
a
N o
t
t
e
e
| (15) | Details of modes of journeys from the place of residence in the home State to the place of work | |
| (16) | Amount of bus fare and/or second class train fare and / or other journey expenses separately as per the modes of journeys indicated in column (15) | |
| (17) | Total of amounts indicated in column No. (16) | |
| (18) | Amount of displacement allowance | |
| (19) | Amount of outward journey allowance | |
| (20) | Wages for outward journey period | |
| (21) | Total amount paid | |
| (22) | Date on which paid | |
| (23) | Signature or thumb-impression of the migrant workman | |
| (24) | Actual date and time of arrival at the place of work | |
| (25) | Balance wages for outward journey, if any, payable | |
| (26) | Date of payment of the balance wages indicated in column (25) | |
| (27) | Signature or thumb-impression of the migrant workman | |
| (28) | Remarks |
:
:
I
n d
i
c a
t
e
s e p a r a
t
e
l
y
d
i f f e r e n
t
m
o d e
o
f
j
o u
r
n e y s
.
E n
t r i
e s
a r e
t
o
b e
m
a d e
a g a
i
n s t
e a c h
i
n d
i
v
i
d u a
l
S
m
i
i
a u
g
t
g n a
t
r a n
t
u r e
w
o
o
h o r i s e d
r
f
k
c o
m
a n
.
t r a c
t
r e p r e s e n
t
o r
a
t i
o r
v e h
.
i s
LA GAZETTE DE L'ETAT
248 1
3 2
4
| (1) | Serial number | |
| (2) | Name of the migrant workmen | |
| (3) | Father's/Husband's name. | |
| (4) | Permanent home address indicating the State. | |
| (5) | Place and address of residence in the home State. | |
| (6) | Designation | |
| (7) | Rate of wages | |
| (8) | Place of work | |
| (9) | Railway station/Bus stand nearest to the place of work | |
| (10) | Railway station/Bus stand nearest to the place of residence in the home State | |
| (11) | Date and time of commencement of journey from the place of the work. | |
| (12) | Expected date and time of arrival at the residence in home State. | |
| (13) | *Expected modes of journeys from the place of work to place of residence in the home State. | |
| (14) | Amount of bus fare and /or second Class train fare and/or other journey expenses, separately as per expected modes of journeys indicated in column No. (13). | |
| (15) | Total amounts indicated in column No. (14). | |
| (16) | Amount of return journey alowance. | |
| (17) | Wages for return journey period | |
| (18) | Total amount paid | |
| (19) | Date on which paid | |
| (20) | Signature or thumb-impression of the migrant workman. | |
| (21) | Remarks |
* D
I . .
.
.
N o
a
t
t
n d
e
e
i
:
N
N
N
M
:
c a a a a
t m m m
o n
E n
e t e e e
h
t r i
e s
s e p a r a a n d
a n d
a n d
a n d
a r e
t
e
t
a d d
a d d
a d d
l
o
y
d
b e
y e a r
r e s s
r e s s
r e s s
o o o
f f f
m
i f f e r e n
a d e
t t
t
h e
h e
h e
t
p
m
a g a
e s t
r i
c o n
i
a b
n c
i
n s t
o d e s
t r a c
p a
t
o l i s h
l
o
f
r
m
j
e a c h
i
o u e
e n m
t
p
r l
n d
i
v
n e y
i
.
o y e r
d u a
l
R E T U R N
: :
:
i
n
t
e r -
J
S
t
[
a
:
t
e
S e e
O U R N E Y
m
i
r
u
g
l
e
F O R M
-
r a n
t
w
5 1
(
X V
1
I
o
r
k
) ]
m
A L L O W A N C E
a n
.
R E G
I
S
i
S T E R
g n a
t
a u
t
u r e
o
f
t
h o r i z e d
h e
c o n
r e p r e s e n
t r a c
t
t
a
o r
t i
v e
.
o r
h
i s
PART–II]LA GAZETTE DE L'ETAT 249 Form-XVII
2 5 0
[See rule 52 (2) (a)]
MUSTER ROLL REGISTER
1. Name and address of contractor
:
2. Nature and location of work :
3. Name and address of the establishment in/under :
which migrant workmen are employed.
L A
4. Name and address of principal employer :
For the month of ........................................................
| Serial number | Name of migrant workmen | Father's/ Husband's name | Sex | Dates | Remarks | ||||
| (1) (2) (3) (4) (5) | |||||||||
G A Z E T T E
(
1
) Serial number
(
2
)
Name of inter-State migrant workman
(
3
)
Serial number in the register of workmen
(
4
)
Designation/nature of work (
Number of days worked 5
)
( Units of work done
6
)
( Daily rate of wages/piece-rate 7
)
( Basic wages
8
)
5 4
3 2 1
.
.
. . .
i
N N
N
n
W
N
t a
a
a
a
t
m
m
m
e r -
a g e
u
e
e
e
S
r e
t
a
t
a n d
a n d
a n d
p e r i
e
a n d
o d
m
l
i
a d d
a d d
a d d
g
o c a
r e s s
t i
r e s s
r a n
r e s s
t
o
o
o
o n
f
f
f
w
t o
o
p
f
r
r i
h e
k
c o n
w
m
n c
o
i
r
e s t
e n
k
t r a c
p a
t
l
a b
o
r
e
a r e
l i s h
m
e
p m
l m
p
e n
l t ,
o y e r
i
n
/
o y e d
.
u n d e r
[
w
h
R E G
i
I (
Overtime
1 0
)
(
1 1
Other cash payments (nature of payment to be indicated) )
(
1 2 Total
)
(
X V w
2
)
I I I a g e s
( a ) ] e a r
W A G E S n e d
| Serial number | Name of inter-State migrant workman | Serial number in the register of workmen | Designation/nature of work | Number of days worked | Units of work done | Daily rate of wages/piece-rate | Amount of wages earned | Deductions, if any (indicate nature) | Net amount paid | Signature/thumb-impression of inter-State migrant workman | Initials of contractor or his authorised representative | ||||
| Basic wages | Dearness allowance | Overtime | Other cash payments (nature of payment to be indicated) | Total | |||||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) |
(
3
2 1
.
.
.
1 Serial number
)
i
N N N
n
t a
a
a
( Name of inter-State migrant workmen
m
m
m
2
e r - e
e
e
)
S
t
a
t
a n d
a n d
a n d
e
m
i
a d d
a d d
a d d
g
(
3 Father's/Husband's name
)
r e s s
r e s s
r a n
r e s s
t
o
o
o
f
f
f
w
o
p
r
r i k
e s t
c o n
(
m
n c
Designation/nature of employment
a b
4
i
)
e n
t r a c
p a
t
l
l i s h o
r
e
m
a r e
m
e n
e
p
t
l
(
m
i
R E G
5
p
Particulars of damage or loss
n
I
l
)
/
o y e r
o y e d
.
u n d e r
S T E R
w
h
O F
i u
D E D U C T
l
(
I
e
7
)
Whethe inter-State migrant workmen showed cause against deduction
F O R M
O N
-
5 2
X
(
I
2
) X
F O R
(
( c ) ]
8
)
Name of person in whose presence employees explanation was heard
D A M A G E
| Serial number | Name of inter-State migrant workmen | Father's/Husband's name | Designation/nature of employment | Particulars of damage or loss | Date of damage or loss | Whethe inter-State migrant workmen showed cause against deduction | Name of person in whose presence employees explanation was heard | Amount of deduction imposed | Dates of recovery | Remarks | ||
| Number of installments | First installment | Last installment | ||||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) |
| (1) | Serial number | |
| (2) | Name of inter-State migrant workman | |
| (3) | Father's/Husband's name | |
| (4) | Designation/nature of employment | |
| (5) | Act/Omission for which the imposed | |
| (6) | Date of offence | |
| (7) | Whether inter-State migrant workman has shown cause against fine | |
| (8) | Name of person in whose presence employees' explanation was heard | |
| (9) | Wage period and wage payable | |
| (10) | Amount of fine imposed | |
| (11) | Date on which fine realised | |
| (12) | Remarks |
4 3
2 1
.
.
. .
i
N N N N
n
t a
a a
a
t
m
m
m
u
e r - e
e
e
r e S
t
a
t
a n d
a n d
a n d
e
a n d
l m
i
a d d
a d d
a d d
g
o c a
t i
r e s s
r e s s
r a n
r e s s
t
o n
o
o
o
f
f
f
w
o
f
o
p
r
r i
k
e s t
w
c o n
o m
n c
r
a b
i
k
e n
t r a c
p a
t
l
l i s h
o
r
e
m
a r e
m
e n
e
p
t
l
m
i
p n
l /
o y e r
o y e d
u n d e r
w
h
i r
u
l
e
S T E R
5 2
-
(
O F
2
)
F O R M X X
F
I
( c ) ]
N E S
PART–II]LA GAZETTE DE L'ETAT
253 4 3
2 1
. .
. .
| (1) | Serial number | |
| (2) | Name of inter-State migrant workman | |
| (3) | Father's/ Husband's name | |
| (4) | Nature of employment/ designation | |
| (5) | Wage period and wages payable | |
| (6) | Date and amount of advance given | |
| (7) | Purpose(s) for which advance made | |
| (8) | Number of installments by which advance to repaid | |
| (9) | Date and amount of each installment repaid | |
| (10) | Date on which last installment was repaid | |
| (11) | Remarks |
N N w N N
a
a a
a
h
t i
m
m
m
u
e
c h
e
e
r e
i
n
t
a n d
a n d
a n d
a n d
e r -
l S
t
a d d
a d d
a
a d d
t
o c a
e
t i
r e s s
r e s s
r e s s
m
i o
o n
o
f o
g
f
f
o
t f
t
e s t
r a n
t
h e w
h e
a b
o
p
w
r
o
r i k
r
c o n
l i s h
k
n c
i
m
m
t r a c
p a
e n
t
l
t
e n
o
i
e
r
n
/
m
a r e
p
e
l
m
p
u n d e r
l
R E G
o y e r
I [ O F
-
5 2
(
2
F O R M X X
)
I
( c )
]
A D V A N C E S
LA GAZETTE DE L'ETAT
254 2 1
3
4
.
.
.
.
| (1) | Serial number | |
| (2) | Name of inter-State migrant workman | |
| (3) | Father's/Husband's name | |
| (4) | Sex | |
| (5) | Designation/nature of employment. | |
| (6) | Date on which overtime worked | |
| (7) | Total overtime worked or production in case of piece-rated | |
| (8) | Normal rates of wages | |
| (9) | Overtime rates of wages | |
| (10) | Overtime earnings | |
| (11) | Date on which overtime wages paid | |
| (12) | Remarks |
w N
N
N N
a
a a
a
h
t i
m m
m u
e
e
e
c h
r e
m
i
a n d
a n d
a n d
g
a n d
l
r a n
t
a d d
a d d
a d d
o c a
w
t i
r e s s
o
r e s s
r e s s
r
o n
o
o
o
f
f
f
o
k e
f
p
m
w
e s t
r i
c o n
a n
o
r
a b
n c
i k
t r a c
a r e
t
p a
l i s h
l
o
e
r
e
m
m
m
p
e n
l
p
t
l
i
n
/
o y e d
o y e r
.
S e e
r
S T E R
u
l
e
F O R M
O F
-
5 2
(
2
X X
I I
) (
d
) ]
O V E R T
I
M E
PART–II]LA GAZETTE DE L'ETAT
255 256
LA GAZETTE DE L'ETAT
FORM–XXIII
[See rule 56 (1)]
RETURN TO BE SENT BY THE CONTRACTOR TO
THE LICENSING OFFICER
Half-year ending..................................
1. Name and address of the contractor :
2. Name and address of the establishment :
3. Name and address of the principal :
employer.
4. Duration of contract
: From............ To............
5. Number of days during the half-year :
on which—
(a) the establishment of the principal :
employer had worked
(b) the contractor's establishment had :
worked
6. Maximum number of inter-State migrant : workmen employed on any day during the half-year.
| Men | Women | Children | Total |
(ii) (a) Whether weekly holiday observed : and on what day.
(b) If so, whether it was paid for :
(iii) Number of man hours of overtime : worked.
8. Number of man-days worked by :
| Men | Women | Children | Total |
257
PART–II] LA GAZETTE DE L'ETAT
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 deduction from wages if any :
| Men | Women | Children | Total |
11. Amount of displacement allowance paid :
| Men | Women | Children | Total |
12. Amount of outward journeys allowance paid :
| Men | Women | Children | Total |
13. Amount of wages for outward journeys period paid :
| Men | Women | Children | Total |
14. Amount of return journeys allowance paid :
| Men | Women | Children | Total |
15. Amount of wages for return journeys period paid.:
| Men | Women | Children | Total |
258
LA GAZETTE DE L'ETAT
16. Whether the following have been
provided.
(i) Residential accommodation :
(ii) Protective clothing :
(iii) Canteen :
(iv) Rest room :
(v) Latrine and urinals :
(vi) Drinking water :
(vii) Crèche
:
(viii) Medical facilities :
(ix) First aid :
(If the answer is 'yes', state briefly nature/standard provided).
Signature of contractor.
Place :
Date :
————
259
PART–II] LA GAZETTE DE L'ETAT
FORM–XXIV
[See rule 56 (2)]
ANNUAL RETURN OF PRINCIPAL EMPLOYER TO BE SENT
TO THE REGISTERING OFFICER
Year ending 31st December......................
1. Full name and address of the principal :
Employer.
2. Name of 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 : t h e e s t a b l i s h m e n t d u r i n g t h e y e a r (Give details in Annexure).
5. Nature of work/operations on which :
migrant workman was employed.
6. Total number of days during the year : o n w h i c h m i g r a n t w o r k m a n w a s employed.
7. Total number of man-days worked for : by migrant workman 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 man-days worked by :
directly employed workmen.
260
LA GAZETTE DE L'ETAT
11. Change, if any, in the management of :
t h e e s t a b l i s h m e n t , i t s l o c a t i o n , o r
any other particulars furnished to the
Registering Officer in the application
for Registration indicating also the dates.
Principal employer.
Place :
Date :
————
ANNEXURE TO FORM-XXIV
| Name and address of t h e c o n t r a c t o r | Period of c o n t r a c t | Nature o f work | Maximum number of workers employed by each c o n t r a c t o r | Number of days worked | Number of man-days worked | |
| F r o m | T o | |||||
| ( 1 ) | ( 2 ) | ( 3 ) | ( 4 ) | ( 5 ) | ( 6 ) | ( 7 ) |
(By order of the Lieutenant-Governor)
G. SRINIVAS,
Joint Secretary to Government (Labour).
————
online publication at "http://styandptg.puducherry.gov.in" Government Central Press