[ 197 ]

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

Registered with the Registrar

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PART - II

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No. 30 Poudouchéry

Vendredi

27

Juillet

2012

No.

Puducherry

Friday

27th

July

2012

(5 Sravana 1934)

LA GAZETTE DE L'ETAT

198

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;

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(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;

LA GAZETTE DE L'ETAT

200

(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:

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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

LA GAZETTE DE L'ETAT

202

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.

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(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;

LA GAZETTE DE L'ETAT

204

(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;

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(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

LA GAZETTE DE L'ETAT

206

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:

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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.

LA GAZETTE DE L'ETAT

208

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

cause from appearing when appeal was called on for hearing,

the appellate officer shall restore the appeal on its original number.

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(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.

LA GAZETTE DE L'ETAT

210

(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

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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.

LA GAZETTE DE L'ETAT

212

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.

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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.

LA GAZETTE DE L'ETAT

214

(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.

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(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 copy of the first-aid leaflet issued by

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.

LA GAZETTE DE L'ETAT

216

(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).

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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.

LA GAZETTE DE L'ETAT

218

(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.

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(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;

LA GAZETTE DE L'ETAT

220

(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.

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(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.

LA GAZETTE DE L'ETAT

222

(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.

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(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

or adequacy of provision of any of the amenities referred to in

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.

LA GAZETTE DE L'ETAT

224

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.

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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.

LA GAZETTE DE L'ETAT

226

(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.

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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.

LA GAZETTE DE L'ETAT

228

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.

LA GAZETTE DE L'ETAT

230

FORM–III

[See rule 4 (3)]

REGISTER OF ESTABLISHMENTS

Serial Number

Registration No. and date

Name and address of the

establishment registered

Name of the principal

employer and his address

Type of business, trade,

industry, manufacture or

occupation, which is carried

on in the establishment

Maximum No. of migrant

workmen directly employed

on any day

Particulars of contractor and

inter-State migrant workmen

Name and address of

contractor

Nature of work for which

migrant workmen are to be

recruited or are employed

Maximum No. of migrant

workmen employed on any

day through a contractor

Probable duration of employ-

ment of migrant workmen

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

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

:

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.

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.

LA GAZETTE DE L'ETAT

232

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.

Place:

Signature of the applicant.

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.

LA GAZETTE DE L'ETAT

234

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.

Place:

Signature of the applicant.

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.

LA GAZETTE DE L'ETAT

236

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

:

12. Remarks

:

Place:

Date :

Signature of the applicant.

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.

Date:

Signature and

seal of Licensing Officer.

LA GAZETTE DE L'ETAT

238

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:

Date :

Signature of the applicant.

(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.

LA GAZETTE DE L'ETAT

240

FORM-X

[See rule 21(1)]

PARTICULORS REGARDING THE MIGRANT WORKMEN

1.

Name and address of the contractor

:

2.

Name and address of the sub-contractor through

:

whom recruitment has been made.

3.

Name and address of the establishment

:

4.

Name and address of the principal employer

:

5.

Name of the State in which the place of work is located

:

6.

Name of the State in which recruitment was made

:

Permanent home address

Serial number

Name of the migrant workman

Age

Sex

Father’s/Husband’s name

Place and address of residence

in the home State

Amount of displacement

allowance paid

Amount of outward journey

allowance paid

Amount of wages for outward

journey period paid

Nature of job required to be

performed

Date of recruitment

Date of employment

Details of rates of wages and

other allowances payable

Period of contract of

employment

Details of other service

conditions

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

Name and address of the next

of kin of the migrant workman

Date :

241

PART–II]

LA GAZETTE DE L'ETAT

Submitted to :

(1) .............................................

...........................................

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

(2) .............................................

...........................................

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

Copy forwarded to

……………………….

(The Principal Employer)

Date :

Signature of the contractor or his

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.

LA GAZETTE DE L'ETAT

242

FORM-XI

(See rule 24)

[Return to be sent by the contractor to the specified authorities]

1. Name and address of the contractor

:

2. Name and address of the sub-contractor through whom

:

recruitment has been made.

:

3. Name and address of the establishment

:

4. Name and address of the principal employer

:

5. Name of the State in which the place of work is located

:

6 Name of the State in which recruitment was made

:

Father’s/Husband’s name

Serial number

Name of migrant workman

Sex

Amount of return journey allowances

and wages for return journey paid

Date of employment

Permanent home address indicating

the State

Date on which ceased to be

employed

Details of rates of wages and other

allowances paid

Amount of displacement

allowance paid

Details of compensation and other

allowances

Place and address of residence in

home State

Designation

Age

Total days worked

Total wages paid

Amount of deductions, if any

Amount of advance, if any paid

Amount of advance, if any recovered

(1)

(2)

(3)

(4) (5) (6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18) (19) (20)

Amount of outward journey

allowances and wages for outward

243

PART–II]

LA GAZETTE DE L'ETAT

DECLARATION

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.

Place :

Signature of contractor or

Date :

authorised representative.

Submitted to :

(1) .............................................

..........................................

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

(2) .............................................

...........................................

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

Copy forwarded to

………………………....

(The principal employer)

Date :

Signature of the contractor or his

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.

LA GAZETTE DE L'ETAT

244

FORM - XII

(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

From

To

Maximum number of

migrant workmen

employed by

contractor

(1)

(2)

(3)

(4)

(5)

(6)

(7)

245

PART–II]

LA GAZETTE DE L'ETAT

FORM-XIII

(See rule 49)

REGISTER OF WORKMEN EMPLOYED BY CONTRACTOR

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

:

Age and sex

Serial number

Name and surname of

migrant workmen

Father’s/Husband’s name

Nature of employment

Permanet home address of

migrant workmen

(Village and tehsil/taluk

and district)

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)

Signature of cotractor or his

authorised representative.

LA GAZETTE DE L'ETAT

246

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

:

4.

Nature and location of work

:

5.

Name and address of the migrant workman

:

6.

Age or date of birth

:

7.

Identification marks

:

8.

Father’s/Husband’s name

:

Total period for

which employed

Serial

number

Nature of work done

Remarks

Rate of wages (with particulars

of unit in case of piece-works

(1)

(2)

(3)

(4)

(5)

(6)

From To

Signature of contractor or his

authorised representative.

247

PART–II]

LA GAZETTE DE L'ETAT

FORM-XV

[See rule 51(1)]

DISPLACEMENT AND OUTWARD JOURNEY ALLOWANCES SHEET

1.

Name and address of contractor

:

2.

Name and address of principal employer :

3.

Name and address of establishment

:

4.

Month and year

:

Permanent home address

indicating the State

Serial number

Name of migrant workmen

Father’s/Husband’s name

Place and address of

resident in the home State

Designation

Rate of wages

Place of recruitment

Place of work with address

indicating the State

Railway station/Bus stand

nearest to the place of work

Date and time of commence-

ment of journey from the

place of residence

Expected date and time of

arrival at the place of work

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

Wages payable

Railway station/Bus stand

nearest to the place of

residence

LA GAZETTE DE L'ETAT

248

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

Date :

Signature of cotractor or his

authorised representative.

Date on which paid

Details of modes of journeys

from the place of residence

in the home State to the

place of work

Amount of displacement

allowance

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)

Signature or thumb-impression

of the migrant workman

Total of amounts indicated in

column No. (16)

Amount of outward journey

allowance

Total amount paid

Balance wages for outward

journey, if any, payable

Date of payment of the

balance wages indicated in

column (25)

Signature or thumb-impression of

the migrant workman

Wages for outward journey

period

Actual date and time of

arrival at the place of work

Remarks

(15)

(16)

(17)

(18)

(19)

(20)

(21) (22)

(23)

(24)

(25)

(26)

(27)

(28)

249

PART–II]

LA GAZETTE DE L'ETAT

FORM - XVI

[See rule 51 (1)]

RETURN JOURNEY ALLOWANCE REGISTER

1.

Name and address of the contractor

:

2.

Name and address of the principal employer

:

3.

Name and address of the establishment

:

4.

Month and year

:

*Indicate separately different modes of journey.

Note: Entries are to be made against each individual inter-State migrant workman.

Date :

Signature of the contractor or his

authorized representative.

Serial number

Name of the migrant workmen

Father’s/Husband’s name.

Permanent home address

indicating the State.

Place and address of residence in

the home State.

Designation

Rate of wages

Place of work

Railway station/Bus stand nearest

to the place of work

Railway station/Bus stand nearest

to the place of residence in the

home State

Date and time of commencement

of journey from the place of the

work.

Expected date and time of arrival

at the residence in home State.

*Expected modes of journeys

from the place of work to place

of residence in the home State.

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).

Total amounts indicated in

column No. (14).

Amount of return journey

alowance.

Wages for return journey period

Total amount paid

Date on which paid

Signature or thumb-impression of

the migrant workman.

Remarks

(1)

(2) (3)

(4)

(5)

(6) (7) (8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16) (17) (18) (19) (20) (21)

LA GAZETTE DE L'ETAT

250

Form-XVII

[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.

4.

Name and address of principal employer

:

For the month of ........................................................

Serial

number

Remarks

Name of

migrant

workmen

Father’s/

Husband’s

name

Sex

Dates

(1)

(2)

(3)

(4)

(5)

251

PART–II]

LA GAZETTE DE L'ETAT

FORM-XVIII

[See rule 52 (2) (a)]

REGISTER OF WAGES

1.

Name and address of contractor

:

2.

Nature and location of work

:

3.

Name and address of the establishment, in/under which

:

inter-State migrant workmen are employed.

4.

Name and address of principal employer

:

5.

Wage period

:

Serial number

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

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

Basic wages

Dearness allowance

Overtime

Other cash payments (nature

of payment to be indicated)

Total

Deductions, if any (indicate

nature)

Net amount paid

Signature/thumb-impression of

inter-State migrant workman

Initials of contractor or his

authorised representative

Amount of wages earned

LA GAZETTE DE L'ETAT

252

FORM-XIX

[See rule 52 (2) (c)]

REGISTER OF DEDUCTION FOR DAMAGE OR LOSS

1.

Name and address of contractor

:

2.

Name and address of establishment in/under which

inter-State migrant workmen are employed.

:

3.

Name and address of principal employer

:

Serial number

Name of inter-State migrant workmen

Father’s/Husband’s name

Designation/nature of employment

Particulars 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

Number of installments

First installment

Last installment

Remarks

Dates of recovery

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

Date of damage or loss

253

PART–II]

LA GAZETTE DE L'ETAT

FORM-XX

[See rule 52 (2) (c)]

REGISTER OF FINES

1.

Name and address of contractor

:

2.

Name and address of establishment in/under which

:

inter-State migrant workmen are employed

3.

Nature and location of work

:

4.

Name and address of principal employer

:

Serial number

Name of inter-State migrant

workman

Father’s/Husband’s name

Designation/nature of

employment

Act/Omission for which the

imposed

Whether inter-State migrant

workman has shown cause

against fine

Name of person in whose

presence employees’ explanation

was heard

Wage period and wage payable

Amount of fine imposed

Date on which fine realised

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

Date of offence

LA GAZETTE DE L'ETAT

254

FORM-XXI

[ See rule 52(2) (c) ]

REGISTER OF ADVANCES

1.

Name and address of the contractor

:

2.

Name and address of establishment in/under

:

which inter-State migrant workmen are employed.

3.

Nature and location of work

:

4.

Name and address of the principal employer

:

Serial number

Name of inter-State

migrant workman

Nature of employment/

designation

Father’s/ Husband’s name

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Wage period and wages

payable

Date and amount of

advance given

Purpose(s) for which

advance made

Number of installments

by which advance to

repaid

Date and amount of each

installment repaid

Date on which last

installment was repaid

255

PART–II]

LA GAZETTE DE L'ETAT

FORM-XXII

[See rule 52(2)(d)]

REGISTER OF OVERTIME

1. Name and address of contractor

:

2. Name and address of establishment in/under :

which migrant workeman are employed.

3. Nature and location of work

:

4. Name and address of principal employer

:

Father’s/Husband’s

name

Serial number

Name of inter-State

migrant workman

Sex

Normal rates of wages

Date on which overtime

wages paid

Total overtime worked

or production in case of

piece-rated

Designation/nature of

employment.

Overtime rates of

wages

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

Date on which overtime

worked

Overtime earnings

LA GAZETTE DE L'ETAT

256

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.

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

(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

Men

Women

Children

Total

257

PART–II]

LA GAZETTE DE L'ETAT

9. Amount of wages paid :

Note: Wages shall not include wages for periods of outward and

return journeys.

10. Amount of deduction from wages if any :

11. Amount of displacement allowance paid :

12. Amount of outward journeys allowance paid :

13. Amount of wages for outward journeys period paid :

14. Amount of return journeys allowance paid :

15. Amount of wages for return journeys period paid.:

Men

Women

Children

Total

Men

Women

Children

Total

Men

Women

Children

Total

Men

Women

Children

Total

Men

Women

Children

Total

Men

Women

Children

Total

Men

Women

Children

Total

LA GAZETTE DE L'ETAT

258

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).

Place :

Signature of contractor.

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 :

the establishment during the year

(Give details in Annexure).

5. Nature of work/operations on which

:

migrant workman was employed.

6. Total number of days during the year

:

on which migrant workman was

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.

LA GAZETTE DE L'ETAT

260

11. Change, if any, in the management of

:

the establishment, its location, or

any other particulars furnished to the

Registering Officer in the application

for Registration indicating also the dates.

Place :

Principal employer.

Date :

————

ANNEXURE TO FORM-XXIV

(By order of the Lieutenant-Governor)

G. SRINIVAS,

Joint Secretary to Government (Labour).

————

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-9

Name and

address of

the

contractor

Period of

contract

Nature

o f

work

Maximum number

of workers

employed

by each

contractor

Number of

days

worked

Number of

man-days

worked

(1)

(2)

(3)

(4)

(5)

(6)

(7)

From

T o