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

Section 3

Amendment status not verified — confirm the current text below against the official source.

The recommendations of the Compact Committee have been examined in consulta-tion with the State Governments and the Ministries of the Government of India and the suggestions made by them have been taken into account in formulating the proposals for legislation. The main features of the Bill are as follows : (i) The proposed legislation will apply to every establishment in which five or more inter-State migrant workmen are employed or were employed on any day of the preceding twelve months. It will also apply to every contractor who employs or employed five or more The Inter-State Migrant Workmen Act, 1979 inter-State migrant workmen on any day of the preceding twelve months. (ii) The establishment proposing to employ inter-State migrant workmen will be required to be registered with registering officers appointed under the Central Government or the State Governments, as the case may be, depending on whether the establishment falls under the Central sphere or State sphere. Likewise, every contractor who proposes to recruit or employ inter-State migrant workmen will be required to obtain a licence from the specified authority both of the State to which the workman belongs (home State) and the State in which he is proposed to be employed (host State). (iii) The contractor will be required to furnish particulars regarding the wokmen in the form to be prescribed by rules to the specified authority of both the home State and the host State. The contractor will also be required to issue to every workman employed by him, a pass book containing the details of the employment. (iv) Specific guidelines have been indicated regarding the wages payable to inter-State migrant workman and he is required to be paid wages from the date of his recruitment. (v) The inter-State migrant workman will be entitled to a displacement allowance and a journey allowance in addition to his wages. (vi) The amenities that are required to be provided to the workmen would include provision of suitable residential accommodation, adequate medical facilities, protective clothing to suit varying climatic conditions and suitable conditions of work taking into account that they have migrated from another State. (vii) Inspectors will be appointed by the appropriate Government to see that the provisions of the legislation are being complied with. In addition, power has been given to the State Government of the home State to appoint, after consultation with the Government of the host State, inspectors for visiting the establishments wherein workmen from the former State are employed to see whether the provisions of the legislation are being complied with in the case of such workmen. (viii)The inter-State migrant workman may raise an industrial dispute arising out of his employment either in the host State or in the home State after his return to that State after the completion of the contract of employment. He will also be permitted to apply for the transfer of proceedings in relation to an industrial dispute pending before an authority in the host State to the corresponding authority in the home State on the ground that he has returned to the State after the completion of his contract. (ix) Deterrent punishments have been proposed for the contravention of the provisions of the legislation. ACT 30 OF 1979 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Bill, 1979 was passed by both the Houses of Parliament. It got the assent of the President on llth June, 1979 and came on the Statute Book as THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE)ACT, 1979 (30 of 1979). The Inter-State Migrant Workmen Act, 1979 THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979 (30 of 1979) [11th June, 1979] An Act to regulate the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith. BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1 . Short title, extent, commencement and application.—(1) This Act may be called the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that if the Central Government considers it necessary or expedient so to do in the public interest, it may postpone or relax, to such extent as may be specified in such notification, the operation of all or any of the provisions of this Act in any State or States for such period not extending beyond one year from the date on which this Act comes into force. (4) It applies— (a) to every establishment in which five or more inter-State migrant workmen (whether or not in addition to other workmen) are employed or who were employed on any day of the preceding twelve months; (b) to every contractor who employs or who employed five or more inter- State migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months. 2 . Definitions.—(1) In this Act, unless the context otherwise requires,— (a) “appropriate Government” means,— (i) in relation to— (1) any establishment pertaining to any industry carried on by or under the authority of the Central Government or pertaining to any such controlled industry as may be specified in this behalf by the Central Government; or

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