Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,1979
Act No : 30
Section : SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION
INTER STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979
30 of 1979
11th June 1979
STATEMENT OF OBJECTS AND REASONS The system of employment of inter-State migrant labour (known in Orissa as Dadan Labour) is an exploitative system prevalent in Orissa and in some other States. In Orissa, Dadan Labour in recruited from various parts of the State through contractors or agents called Sardars/Khatadars for work outside the State in large construction projects. This system lends itself to various abuses. Though the Sardars promise at the time of recruitment that wages calculated on piece-rate basis would be settled every month the promise is not usually kept. Once the worker comes under the clutches of the contractor, he takes him to a far-offplace on payment of railway fare only. No working hours are fixed for those workers and they have to work on all the days in a week under extremely bad working conditions. The provisions of the various labour laws are not being observed in their case and they are subjected to various malpractices.
2. The Twenty-eighth Session of the Labour Ministers Conference (New Delhi, October 26, 1976) which considered the question of protection and welfare of Dadan Labour recommended the setting up of a small Compact Committee to go into the whole question and to suggest measures for eliminating the abuses prevalent in this system. The inter-State migrant workmen are generally illiterate, unorganised and have normally to work under extremely adverse conditions and in view of these hardships, some administrative and legislative arrangements both in the State from where they are recruited and also in the State where they are engaged for work are necessary to secure effective protection against their exploitation. The Compact Committee which was constituted in February 1977 therefore, recommended the enactment of a separate Central legislation to regulate the employment of inter-State migrant workmen as it was felt that the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, even after necessary amendments would not adequately take care of the variety of malpractices indulged in by the contractors/ Sardars/Khatadars, etc. and the facilities required to be provided to these workmen in view of the peculiar circumstances in which they have to work.
3. The recommendations of the Compact Committee have been examined in consultation 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 employees or employed five or more 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 workmen 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 workmen 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 workmen will be entitled to a displacement allowance and ajourney 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 in 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 lo that State after the completion of his contract.
(ix) Deterrent punishments have been proposed for the contravention of the provisions of the legislation.--- Gaz. 26-4-1979, Pt. II, S. 2, Ext. p. 458
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 Thirtieth Year of the Republic of India as follows :-
SECTION 01: 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 date1as 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.
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