Amendment status not verified — confirm the current text below against the official source.
Came into force on 2nd October, 1980, vide G.S.R. 513(E), dated llth August, 1980, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), p. 891. (2) any establishment of any railway, Cantonment Board, major port, mine or oil-field; or (3) any establishment of a banking or insurance company the Central Government; (ii) in relation to any other establishment, the Government of the State in which that other establishment is situated; (b) “contractor”, in relation to an establishment, means a person who undertakes (whether as an independent contractor, agent, employee or otherwise) to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, by the employment of workmen or to supply workmen to the establishment, and includes a sub-contractor, Khatadar, Sardar, agent or any other person, by whatever name called, who recruits or employs workmen; (i) the (c) “controlled industry” means any industry the control of which by the Un ion has been declared by any Central Act to be expedient in the public interest; (d) “establishment” means— (i) any office or department of the Government or a local authority; or (ii) any place where any industry, trade, business, manufacture or occupation is carried on; (e) “inter-State migrant workman” means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment; (f) “prescribed” means prescribed by rules made under this Act; (g) “principal employer” means,— (i) in relation to any office or department of the Government or a local authority, the head of that office, department or authority or such other officer as the Government or the local authority, as the case may be, may specify in this behalf; (ii) in relation to a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named; (iii) in relation to a m ine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named; The Inter-State Migrant Workmen Act, 1979 (iv) in relation to any other establishment, any person responsible for the supervision and control of the establishment. Explanation.—For the purposes of sub-clause (iii) of this clause, the expres-sions “mine”, “owner” and “agent” shall have the meanings respectively assigned to them in clause (j), clause (e) and clause (c) of sub-section (1) of section 2 of the Mines Act,1952 (35 of 1952); (h) “recruitment” includes entering into any agreement or other arrangement for recruitment and all its grammatical variations and cognate expressions shall be construed accordingly; (i) “wages” shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936); (j) “workman” means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person— (i) who is employed mainly in a managerial or administration capacity; or (ii) who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem, or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. COMMENTS (i) The expressions “mine”, “owner” and “agent” have the same meanings as respectively assigned to them in clause (j), clause (1) and clause (c) of sub-section (1) of section 2 of the Mines Act, 1952. Clause (j), (I) and (c) of the Mines Act, 1952 are as under: (j) “Mine” means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes.— (i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oil fields; (ii) all shafts, in or adjacent to and belonging to a mine, whether in the course of being sunk or not; (iii) all levels and inclined planes in the course of being driven; (iv) all open cast workings; (v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom; (vi) all adits, levels, planes, machinery, works, railways, tramways and sidings in or adjusted to and belongings to a mine; (vii) all protective works being carried out in or adjacent to a mine; (viii) all workshops and stores situated within the precincts of a mine and under the same management and used primarily for the purposes connected with that mine or a number of mines under the same management; (ix) all power stations, transformer sub-stations, converter stations, rectifier stations and accumulator, storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management; (x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such sand, refuse or other material is being carried on, being premises exclusively occupied by “the owner of the mine; (xi) any premises in or adjacent to and belonging to a mine on which any process ancillary to the getting, dressing or preparations for sale of minerals or of coke is being carried on; (1) “Owner”, when used in relation to a mine, means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof and in the case of a mine the business whereof is being carried on by a liquidator or receiver, such liquidator or receiver but does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject it to any lease, grantor licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but any contractor or sub-lessee for the working of a mine or any part thereof shall be subject to this Act in like manner as if he were an owner, but not so as to exempt the owner from any liability; (c) “agent”, when used in relation to a mine, means every person, whether appointed as such or not, who, acting or purporting to act on behalf of the owner, take part in the management, control, supervision or direction of the mine or of any part thereof; (ii) “Wages” have the same meaning as assigned to it in clause (vi) of section 2 of the Pay merit of Wages Act, 1936. Clause (vi) of section 2 of the Payment of Wages Act, 1936 is as under: The Inter-State Migrant Workmen Act, 1979 (vi) “wages” means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes— (a) any remuneration payable under any award or settlement between the parties or order of a court; (b) any remuneration to which the person employed is entitled in respect of over- time work or holidays or any leave period; (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name); (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, but does not include— (1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court; (2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by general or special order of the State Government; (3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (4) any travelling allowance or the value of any travelling concession: (5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or (6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d). CHAPTERII REGISTRATION OFESTABLISHMENTEMPLOYING INTER-STATE MIGRANTWORKMEN 3 . Appointment of registering officers.—The appropriate Government may, by order notified in the Official Gazette,— (a) appoint such persons, being officers of Government, as it thinks fit to be registering officers for the purposes of this Chapter; and (b) define the limits, within which a registering officer shall exercise the powers conferred on him by or under this Act. COMMENTS The appropriate Government may, by notification in the Official Gazette, appoint registeringofficers and define their respective limits of jurisdiction and powers under the Act. 4 . Registration of certain establishments.—(1) Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer, in such form and manner and on payment of such fees as may be prescribed, for the registration of the establishment: Provided that the registering officer may entertain any such application for registration after the expiry of the period fixed in that behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time. (2) Within one month after the receipt of an application for registration under sub-section (I), the registering officer shall,— (a) if the application is complete in all respects, registerthe establishment and issue to the principal employer of the establishment a certificate of registration in the prescribed form; and (b) if the application is not so complete, return the application to the principal employer ofthe establishment. (3) Where within a period of one month after the receipt of an application for registration of an establishment under sub-section (1), the registering officer does not grant under clause (a) of sub-section (2) the certificate of registration applied for and does not return the application under clause (b) of that sub-section, the registering officer shall, within fifteen days ofthe receipt of an application in this behalf, from the principal employer, registerthe establ ishment and issue to the principal employer a certificate of registration in the prescribed form. COMMENTS An application for registration of an establishment must be moved by the principal employer thereof within sucli period as the appropriate Government may, by notification in the Official Gazette, fix in that behalf, and in such form and manner and on payment of such fees as may be prescribed. 5 . Revocation of registration in certain cases.—If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that for any other reason, the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer ofthe establishment The Inter-State Migrant Workmen Act, 1979 to be heard and with the previous approval ofthe appropriate Government, revoke by order in writing the registratioon and communicate the order to the principal employer: Provided that where the registering officer considers it necessary so to do for any special reasons, he may, pending such revocation, by order suspend the operation ofthe certificate of registration for such period as may be specified in the order and serve, by registered post, such order along with a statement ofthe reasons on the principal employer and such order shall take effect on the date on which such service is effected. COMMENTS The registering officer may revoke the registration of any defaulting establishment after giving an opportunity to the principal employer thereof to be heard and with the prior approval ofthe appropriate Government. 6 . Prohibition against employment of inter-State migrant workmen without registration.—No principal employer of an establishment to which this Act applied shall employ inter-State migrant workmen in the establishment unless a certificate of registration in respect of such establishment issued under this Act is in force: Provided that nothing in this section shall apply to any establishment in respect of which an application for registration made within the period fixed, whether originally or on extension under sub-section (1) of section 4 is pending before a registering officer and for the purposes of this proviso, an application to which the provisions of sub-section (3) of section 4 apply shall be deemed to be pending before the registering officer concerned till the certificate of registration is issued in accordance with the provisions of that sub-section. COMMENTS Employment of inter-State migrant workmen in any establishment is prohibited unless it is duly registered under this Act. CHAPTERIII LICENSING OF CONTRACTORS 7 . Appointment of licenceship officers.—The appropriate Government, by order notified in the Official Gazette,— (a) appoint such persons, being officers of Government, as it thinks fit to be licensing officers for the purposes of this Chapter; and (b) define the limits, within which a licensing officer shall exercise the jurisdiction and powers conferred on licensing officers by or under this Act, COMMENTS The appropriate Government may, by notification in the Official Gazette appoint licensing officers and define their respective limits of jurisdiction and powers under this Act. 8 . Licensing of contractors.—(1) With effect from such date1 as the appropriate Government may, by notification in the Official Gazette, appoint, no contractor to whom this Act applies shall,— (a) recruit’ any person in a State for the purpose of employing him in any establishment situated in another State, except under and in accordance with a licence issued in that behalf,— (i) if such establishment is an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the recruitment is made; (ii) if such establishment is an establishment referred to in sub-clause (ii) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the recruitment is made; (b) employ as workmen for the execution of any work in any establishment in any State, persons from another State (whether or not in addition to other workmen) except under and in accordance with a licence issued in that behalf— (i) if such establishment is an establishment referred to in sub-clause (i) of clause (a) of sub-section (I) of section 2, by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the establishment is sitauted; (ii) if such establishment is an establishment referred to in sub-clause (ii) of clause (a) of sub-section (I) of section 2, by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the establish-ment is situated. (2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions including, in particular, the terms and conditions of the agreement or other arrangement under which the workmen will be recruited, the remuneration payable, hours of work, fixation of wages and other essential amenities in respect of the inter-State migrant workmen, as the appropriate Government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees as may be prescribed: