 the inter-state  migrant workmen (regulation of employment and conditions of service) bill, 19'79 arrangement of clauses chapter i preliminary cutias1 short title, extent, commen<:ement and application 2 definitions , riilgistration of establishments employing inter-state mi9ralft workmen 3 appointment of registering officers - i 4 registration of certain establishments 5 revocation of registration in certain cases • ; "  '   6 prohibition against employment ot inter-state mlgr'ant workmen without registration  chapter iii licensing of contractors7 appointment of licensing officers 8 licensing of contractors 9 grant of licences 10 revocation, suspension and amendment of licences 11 appeal  chapter iv duties and obligati!ons of contrartors12 duties ot contractors chapter v  wages, welfare and other facilities '110 be provided to inter-state migrant workmen13 wage rates and other conditions of service of inter-state migrant workmen 14 displacement allowance 15 journey allowance, etc 16 other facilities 17 responsibility for payment of wages 18 liability of principlt1 ~mployer in e~rtain, case~ 19 past liabilities  chapter vi inspecting staff clauses20 inspectors  chapter vii miscellaneous21 inter-state migrant workmen to be deemed to be in employment from date of recruitment for the purposes of certain enactments 22 provisions regarding industrial disputes in relation to inter-state migrant workmen 23 registers and other records to be maintained" 24 obstructions 25 contravention o~ provisions regarding employment of inter-state migrant workmen 26 other offences 27 offences by companies 28 cognizance of offences 29 limitation of prosecutions 30 effect of laws and agreements inconsistent with the act 31 power to exempt in special cases 32 protection of action taken under the act 33 power to give directions 34 power to remove difficulties 35 power to make rules 36 repeals and saving the schedule  the inter-state migrant workmen (regulation of employment and conditions of service) bill, 1979a bill to regulate the employment of inter state migrant workmen and to provide for their conditions of service and for matters connected tjherewith be it enacted by parliament in the thirtieth year of the republic of india as follows:- chapter i preliminary5 1 (1) this act may be called the inter-state migrant workmen (regulation of employment and conditions of serviee) act, 1979 shori title, extent, com-(2) it extends to the whole of india meneemeat and (3) it shall come into force on such date as the central government appucamay, by notification in the official gazette, appoint: tion 10 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 011 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 is 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 clay of the preceding twelve months 2 (1) in this act~ unless the context otherwise requires,-de1lnl tiona (a) "appropriate government" means,-s (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 10 (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 is 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, othwtaan a mere supply of goods or articles of manufacture to such 20 establishment, by the employment of w:>rkmen or to supply workmen to the establishment, and includes a subc<)ntractor, khatadaf', s'mdat, agent 'or any other person, by wha~name called, who recruits or employs workmen; (c) "controlled industry" means any industry the control of which 25 by the union has been declared b'y any central act to be expedient in the'"public interest; i ' , j \' (d) "establishment" means-(it) any office or department' of the government or a local authority; or  30 (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 8liestablisbmentln another 3s state, whether with or witho1:1t the knowle4ge o~ the principal employer in relation to such establlshment; , (1) "prescribed" means prescribe<:! by rules made undet this act; (g) "prindpal employer" meanst (i) in relation to any office or~epanncnt of the govtwdulent 40 or a local authority, the head of that office, department or a~tbo­rity c:>r such other officer as the government or the local authority,,;88 the case may be, mar specifiy in this behalf; '(ii) in relation to a factory, the owner or occupier "'qfaille factory and where a person has been named as the manager of 45 the factory under the "factories act, 1948, the persoh so harned; 83 ot 194 8 (iii) in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named; 5 85 of 1952 (iv) in relation to any other establishment, any person responsible for the supervision and control o~ the establishment explanation-for the purposes of sub-clause (iii) of this clause, the expressions "mine", "owner" and "agent;' shall have the meanings respectively ass~gned to them in clause (j), clause (l) and clause (c) of sub-:section (1) of ~tion-2 of the mines act, 1952; (h) "recruitment" includes entering into any agreement or arrangement for recruitment and- all itsgrammatical variations and cognate expressions -shall be construed accordingly; 10 i of 1936 (i) "wages" shall have the meaiiing assigned to it in clause (vi) of section 2 o~ the payment of wages act, 1936;  (j) "workman" means any person employed in or in connection with the work of any establishment to , any skilled, semi-skilled, or un~killed, manual, supervisory, technical ·or 'clerieal 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 administrative capacity; or 20 (ii) who, being employed in a supervisory capacity, dl'8ws wages exceeding five hundred rupee1i per m~em, or e~rcises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mamly -of a managerial nature 25 (2) any rei1erencein 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  chapl'er ii registration of estabielsbmen'dl dil"loying di'1'd-stm'e iiiicralft30 w()r1d(en 3 the appropriate government may, by order notified in the official gazette,-' 35 (a) appoint ,such pel'sods, beioc oftl~ers of goverdldbllt,  it thinks fit to be repiterinc ofticers for tile purpo188 of thia qulpter; and (b) define the limits, within which a registerillg office~ shall exercise the powers conferred on him by or under this,act 4 (1) every principal employer of an establishment to which this act applies shall, within such period as the appropriate government may, by 40 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, ixnuch tonn and manner and on payment o~ such fees as may be prescribed, for the registration of the establishment: 4s provided that the registering officer may edte~n any such application for registration after the expiry of the period fixed in that ,behalf, if the registering officer is satisfied that the appucant was prevented by 'ufticient cause from making the application in time (2) within one month after the receipt of an application for registra-50 tion under sub-section (1), the registering officer shall,-(4) if the application is complete in au respecte, register the establishment and issue to the principal employer ool the establishment a certificate of registration in the prescribed form; and (b) if the applcation is not so complete, return the application to the princ1pal employer of· the establishment (3) where within a period of one month after the receipt of an appli-5 cation for reglstration o£ an establishment under sub-section (1), the registering officer does not grant under clause (a) of sub-section (2) the certiticate of registration applied for and does not return the application under clause (b) of that sub-section, me registering officer shall, within fifteen days of the receipt of an application in this behalf, hom the prin- 10 cipal employer, register the establishment and issue to the principal employer a certificate of registration in the prescribed form revocation of reatstration in certain eues 5 if the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment bas been obtained by misrepresentation or suppression oj llil¥ material is fact or that for any other reason, the registration has become useless or ine1fecti ve and, therefore, requires to be revoked, the registeridg i)fficer may, a£ter giving an apportunity to the prncipal employer ot the establishment to be heard and with the previous approval of the appropriate government, revoke by order in writing the registration and communi- 20 cate the order to the principal employer: provided that where the registering omcer considers it necessary so to do for any special reasons, he may, pending such revocation, by order suspend the operation of the certificate of registration for such period as may be specified in the order and serve, by registered post, such order 25 along with a statement of the reaaons on the principal employer and such order shall take effect on the date on which such service 1s effected 6 no principal employer of an establishment to which this act applies shall employ inter-state migrant workmen in the establishment unless a certificate of registration in respect of such establishment issued 30 under this act is in force: prohibi tion against employment of inter-state migrant workmen without reeijtration 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 35 l-roviso, an application to which the provisions ofi 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  chaptl!m til licl:nsing of contractorsappointmentol ncenaing oj!k:ers 7 the appropriate government may, by order notified in the official gazette,-(a) appoint such persons, being ot1icers of government, as it thinks fit to be licensing oilcers for the purposes of this chapter; and 4s (b) define the limits, within which a licensing oftlcer shall exercise the jurisdiction and powers conferred on licensing offtcers by or under this act 8 (1) with effect from such date as the appropriate government licenainc ml'ly, by notification in the official gazette, appoint, no contractor to ot conwhom this act applies i!ihall,-tractors 5 (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,-10 (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 jurisdicti'on in relation to the area wherein the recruitment is made; (ii) if such establishment is an establishment referred to hl 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 erea wherein the recruitment is made; 20 (b) employ as workmen for the execution of any work in any establishment in any state, persons from another state (whether or n'ot in addition to other workmen) except under and in accordance with a licence issued in that behalf,-25 (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 tbe central government who has jurisdiction in relation to the area wherein the establisbmen t is situated; (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 relati'on to the area wherein the establishment 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 arrangement under which the workmen wf11 be recruited, the remuneration payable, hours of work, fixation of 3s wages and other essential amenities in res~t of the inter-state migrant workmen, as the appropriate government may d€'em 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: provided that if for any special reasons, the licensin~ officer is satis-40 fled that it is necessary to require any person who has applied for, or who has been issued a licence to furnish any security for the due performance of the conditions of the licence, he may, after communicatin~ such reasons to such person and giving him an oppol"tunity to represent his case, determine in accordance with the rules made in this behalf the 4s security which shall b£' furnished bv such person for obtaining or, as the case may be, for continuing to hold the licence (3) the security which may be required to be furnished under th(' proviso to suh-section (2) shall be reasonable and the rules for the purpo!'1es ot the said proviso shall, on the basis of the number of w~rkmen so employed, the wages payable to them, the facilities v,hich shall be afforded to them and other relevant factors provide for the n'rms with re· 'r-r~qc~ ~ which suc~ security may ~ d~~~rmtned orant(1f licences 8 (1) every application for the grant of a licence under sub-section (1) of section 8 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work ftor which inter-8tate migrant workmen are to be employed and such other particulars as may be prescribed 5 (2) the licensing officer may make such investigation in respect ot the application received under sub-sectbn (1) and in making any such investigation, the licensing officer shall follow such procedure as may be prescribed (3) a licence granted under this chapter shall be valid for the period 10 specified therein and may be renewed from time to time for such period and on payment 'of such fees and on such conditions as may be prescribed to (1) if the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that-(a) a licence granted under section 8 has been obtained by is misrepresentation or suppression of any material fact, or revoca tiold1ub-pension add ajdeddmentot licences (bi) the holder of a licence -has, without reasonable cause, failed to c()ftlply with the conditions subject to which the licence has been graatedol" has contravened any o£tbe provisions of this act or the rules made thereunder, 20 then, without prejudice to any other penalty to which the holder of the licel'lce' may be liable under this act, the licensing officer may, after giving the holder of the licence an opportunity to be heard, by order in writing, revoke the licence or forfeit the security furnished by him under the proviso to sub-section (2) of section 8 or nny part thereof and 25 communicate the order to the holder of the licence: provided that where the licensing officer considers it necessary so to do lor any special teasons, he may, pending such revocation or forfeiture, by order, suspend the operation of the licence f:>r such period as may be specified in the order anti serve', by registered post, such order along 30 with a statemert of the reasons on the holder of the licence and such urder shall take effect on the date :>n which such service is effected (2) subject to any rules that may be made in this behau, the licensingoftlcer may vary or at:'l')nd a licence granted under section 8 appeal 11 (1) any person aggrieved " by an order made under section 4, 35 section 5, section 8 or sectbn 10 may, within thirty days from the date on which the order is communicated to him, pt'efer 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 entet'tain the appeal a1ter 40 the expiry 01 the said period of thirty days, if be ism1tisfied that the" appellant was prevented by sufficient cause" from "fuing the appeal in tiirie " (2) on receipt of an appeal under sub-section (1), the appellate offtcer shad, after giving the appellant an opportunity of being heard, disp'lbe 45 of the appeal as expeditiously as possible  chapter iv duties and obuga'j'ions of 'contractors 12: " (1)  it shall be the duty of -every contractor- (4) to furnim stlcnparticulars and -in ·3uch form as may be 50 duties of contractors prescr~~ to the ~d au~ority in the sta~ ft'qm whi;n an 5 inter-state migrant workman is recruited and in the state in which such workman is employed, within fifteen days from the date ot recruitment, or, as the case may be, the date ot employment, and where any change occurs in any of the particulars 80 furnished, sueh change shall be notified to the specified authorities at both the states; )0 (b) to issue to every inter-state migrant workman, a pass book affixed with a passport size photograph of the workman and indicating in hindi and english languages, and where the language of the workman is not hindi 'or english also in the language of the workman,-(i) the name and place of the establishment wherein the workman is employed; (ii) the period of employment; (iii) the proposed rates and modes of payment of wages; (iv) the displacement allowance payable; (v) the return fare payable to the workman on the expiry of the period of employment and in such contingencies as may be 'prescribed and in such other contingencies as may be speeuied in the contract of employment; 20 (vi) deductions made; and (vii) such other particulars as may be prescribed; (c) to furnish in respect of every inter-state migrant workman who ceases to be employed, a return in such form and in such manner as may be prescribed to the specified authority in the state from which he is recruited and in the state in which he is employed, which shall include a declaration that all the wages and other dues payable to the workman and the fare for the return journey back to his state have been paid, 30 (2) the contractor shall maintain the pass book referred to in 'ubsection (1) up-to-date and cause it to be retained with the inter-btate migrant workman concerned explanation-for the purposes 'of this section and section 18 "specified authority" means such authority as may be specified by the appro-35 prlate government in this behalf  chapter v wages, welfare and other facilities to be provided to inter-state mlgrant workmen13 (1) the wage rates, holidays, hours of work and other conditf'olls 40 of service of an inter-state migrant workman shall,-(a) in a case where such workman performs in any establishment, the 'same or similar kind of work as is being performed by any other workman in that establishment, be the same as those applicable to such other worlanan; and 45 (b) in any other case, be such as may be prescribed by the appropriate government: wage rates and other condition ofservice 'of inter-state migrant workman provided that an inter-state mfgra;nt workman shall in no ease be paid less than the wages fixed under the minimum wages act, 1948 11 of 1948 (2) notwithstanding anything contained in any other law for the time being in force, wages payable to an inter-state migrant workman under this section shall be paid in cash displace-  ment allowance 14 (1) there shall be paid by the contractor to every inter-sta'te migrant workman at the time of recruitment, a displacement allowance 5 equal to fifty per cent of the monthly wages payable to him or seventyfive rupees, whichever is higher , (2) the amount paid to a workman as displacement allowance under sub-section (1) shall not be refundable and shall be in addition 10 to the wages or other amounts payable to him journey allowance, etc 15 a journey allowance of a sum not less than the fare from the place of residence of the inter-state migrant workman in his state to the place of work in the other state shau be payable by the contractor to the worker both for the outward and return journeys and such workman shall be entitled to payment of wages during the period of sueh is journeys as if he were on duty other facilities 16 it shall be the duty of every contractor employing inter-state migrant workmen in connection with the work (if an establishment to which this act applies,-(a) to ensure regular payment of wages to such workmen; 20 (b) to ensure suitable conditions of work to such workmen having regard to the fact that they are requtr£'d to work in a state different from their own state; (e) to provide and maintain suitable residential accommodation to such workmen during the period of their employment: 2s (d) td provide the prescribed medical facilities to the workmen, free of charge; (e) to provide such protective clothing t·') the workmen as may be prescribed; and (f) in case of fatal accident or serious bodily injury to any 30 such workman, to report to the specified authorities of both the states and also the next of kin of the workman responsibility for payment of wages 1'7 (1) a contractor shall be responsible far payment of wa~es ttl each inter-state miwant workm~n employed by him and such wages shall be paid before the expiry of such period as mav be prescribed 35 (2) every principal employer shall nominate a representative duly authorised by him to be present at the time of ift~burs"'"'1ent of wa~es by the contractor and it shall be the duty of such representative to c('rtify the amounts paid as wages in such manner as may be prescribed (3) it shall be the duty of the contractor to ensure the disburse- 40 mf"nt of wages in the presence 'of the authorised representative of the principal employer (4) in case the contractor fans to make payment of wages within the prescribed period or makes short payment, then the principal em~ ployer shall be liable to make payment of the wages in full or the 45 unpaid balance due, as the case may he, to the inter-state migrant workman employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor the inte~state lulu~!1j~l ~vj~\aeh (regulation of employment and cjndition s of service) bill, 1979  i-to be/as introduced in ink sabha /1 page 3, line 5,-!qr "ass gned" rw "assigned" 2 page 3, line 8,-after "or" inllrt "other" 3 page 5, line 33,-after "or" inser) "other ii 4 page 6, line 10,-for "this chapter" ntajl "section 8 " 5 ?age 7, line 18,-af:!&r '¥e rio d 0 f" in s e r t "hi s " 6 page 7, in the marginal hending to cl~~e 13,-!21: "workmnn" ~ i1wo rkmen ii rlj;;, lijr 7 page 8, line 14,-!su: "wo rke r " ~ "we rkm an " 8 page 8, line 17,-!qt "con r~ctor" ~ !leon tracto r" 9 page 9, line 32,-f9r "appoin ted to" ua!! liappoin ted, " 10 page 10, in the marginal heading to clause 21,-~ !2£ "wo rkman 11 ~ 11"10 rkmen " 11 page 11, line 6,-;(ql liatuhori tiee" ~ "authori tie s" 12 page 11, line 46,-for "proceedings" ~ "proceeding" 13 page 12, line 32,-,after "rule 5 11 in 5ert "made ii 14 page 14, line 45,-fqr "garn t 11 nad "gr~n t ii - new delhi; - april 23, 1979 vaisakha 3, 1901 (saka) ljability otprinci pal employer in certain cases past liabilities 18 (1) if any allowance required to be paid under section 14 or section 15 to an inter-state migrant workman employed in an establishment to which this act applies is not paid by the contractor or if any facility specified in secti'on 16 is not provided for the benefit of such s workman, such allowance shall be paid, or, as the case may be the facility shall be provided, by the principal employer within such time as may be prescribed (2) all the allowances paid by the principal employer or all the expenses incurred by him in providing the facility referred to in sub-10 section (1) may be recovered by him from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor 19 it shall be the duty of every contractor and every principal employer to ensure that any loan given by such contractor or principal em-is ployer to any inter-state migrant workman does not remain outstanding aiter the completion of the period of employment of such workman under the said contractor or, a's the case may be, in the establishment of such principal employer and accordingly every obligation of an inter-state migrant workman to re-pay any debt obtained by him during the period 20 of his employment from the contractor or the principal employer and remaining unsatisfied before the completion of such period shall, on such completion, be deemed to have been extinguished and no suit or other proceeding shal1lie in any court or bef()re any authority for the recovery of such debt or any part thereof chapter vi inspectors inspecting staff 20 (1) the appropriate government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of tlus act, and define the local limits within which they shad 30 exercise their powers under 'this act (2) subject to any rules made in this behalf, within the local limits for which he is appointed to an inspector may-(a) if he has reason to believe that any inter-state migrant workmen are employed in any premises or place, enter, at all reasonable 35 hours, with such assistants (if any), being persons in the service of the government or any local or other public authority as he thinks fit, such premises or place for the purpose of-(i) satisfying himself whether the provisions of this act in relation to the payment 'of wages, conditions of service, or 40 facilities to be provided to such workmen are being complied with; 45 so (ii) exam:ning any register or record or notices required to be kept or exhibited by the pr~visions of this act or the rules made thereunder, and requiring the production thereof for inspection; (b) examine any person found in any such premises or place for the purpose of determining whether such person is an inter- state migrant workman; (c) require any person giving out work to any workman, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work; (d) seize or take copies of such register, record of wages, or notices or portions thereof as he may consider relevant in respect ss of an o1fence under this act which he ha$ reason to believe hu been committed by a principal employer or contractor; and (e) exercise such other powers as may be prescribed (3)  notwithstanding anything contained in sub-sections (1) and (2), it a state government considers it necessary for the purpose of 5 satisfying itself that the provisions of this act are being complied with in respect of any workmen belonging to that state and employed in an establishment situated in another state, it may, by order in writing, uppoint such persons, being persons in the service of that government, for the exercise of such of the powers mentioned in ilub-section (2), as 10 may be specified in that order:' provided that no such order shall be issued without the concurrence of the government at the state in which such workmen are employed clr where the establishment is an establishment referred to in subclause (i) of clause (a) of sub-section (1) of section 2, without the 15 concurrence of the central government (4) any person required to produce any document qr thing, qr to glve any information required, by an inspector under sub-section (2), or by a person appointed under sub-section (3), shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the 20 45 of 1860 indian penal code (5) the provisions of the code of criminal procedure, 1973, shall" so :1 of197ol far as may be, apply to any 'search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code 25 chapter vii / miscellaneous 21 for the purposes of the enactments specified in the 'schedule, an inter-state migrant workman shall, on and from the date of his recruit· ment, be deemed to be employed and actually worked in the establish- 30 ment or, as the case may be, the first establishment in connection with the work of which he is employed 22 (1) notwithstanding anything contained in the industrial disputes inter-state migrant workman to be dee med to be in employ ment from date otrecnrltment for the purposes of certain enact ments provisionaregarding industria} disputes in relation to inter-state migrant workmen act, 1947, any dispute or difference in connection with the employment 14 of 1947 or non-empl-oyment or the terms of employment or the conditiqlls of 35 labour, of an inter-state migrant workman (hereafter in this section referred to as the industrial dispute), may,- (a) if the industrial dispute is relatable to an establislunent referred to in sub-clause (i) of cla'use (a) of sub-section (1) of section 2, be referred under the' provisions of the said act, by the central govern- 40 ment to any of the authorities referred to in chapter ii of that act (hereafter in this section referred to as the said authorities) ,_ (i) in the state wherein the establishment is situated; or (ii) in the state wherein the recruitment of such wwkman was made if he makes an application in that behalf to that gov~ 4s ernment 9n the ground that he has returned to that state after the completion of his employment; (b) if the industrial dispute is relatable to an establishment referred to in sub-clause (ii) of clause (a) of s'ub-sectiqil (1) of section 2,-5 (i) be referred under the provisions of the said act, by the government of the state wherein the establishment is situated, to any of the said atuhorities in that state; or 10 (ii) be referred under the provisions of the said act, by the government of the state wherein the recruitment of such workman was made to any of the said authorities in that state, if he makes an application in that behalf to that government on the ground that he hus returned to that state after the completion of his employment: provided that-is (a) no application referred to in sub-clause (ii) of clause (a) or sub-clause (ii) of clause (b) shall be entertained after the expiry of a period of six months from the date of his return to th'! state wherein the recruitment was made after the completion of his employment, unless the government concerned is satisfied that the applicant was prevented by sufficient cause from making the application within that period; 20 (b) no reference under the said sub-clause (ii) of clause (b) shall be made except after obtaining the concurrence of the government of the state wherein the establishment concerned is situated (2) without prejudice to the provisions of section 33b of the indus-25 trial disputes act, 1947, where during the pendency of any proceeding in respect of an industrial dispute under that act before any of the ~id authorities in the state wherein the establishment is situated, an application is made to that· authority by an inter-state migrant workman for ]of of 1947 the transfer of such proceeding to a corresponding authority in the state 30 wherein his recruitment was made on the ground that he has returned tp that state after the completion of his employment, that authority shall forward the application to the central government, or, as the case may be, to the government ot the state wherein such recruitment was made and transfer such proceeding in the prescribed manner to such authority 3s as may be specified in this behalf by that government: provided that in a case where no authority has been specified by the government concerned within the prescribed period, the authority before which the proceeding is pending shall, on a request being made by the inter-state migrant workman and after obtaining the previous approval 40 of the government which referred the dispute to that authority, forward such proceeding to the government concerned for reference of such dispute to an authority in the state wherein such recruitment was made (3) without prejudice to the provisions of sub-section (2), if the central government is satisfied that it is expedient in the interests of justice so to do, it may, by order in writing and for reasons to be stated 4s therein, withdraw any proceedings in respect of any industr1al dispute relating to an inter-state migrant workman pend:ng before an authority in the state in which the establishment concerned is situated and transfer the same to such authority in the state wherein the recruitment of such 50 workman was made as may be specified in the order (4) the authority to which any proceeding is itransferred under this :::<:dlon may prm:t:ed ej tiwr de nui!o or from 1he stage at which it was so transferred 2~ (l) every principal employer and every contractor shall maintain such rcg;s,e~'s and recolds giving such parli('lbrs of the in1(t-statc 5 migrant \vorkmcn cmplnycd, the nature llf work performed by such workmen, the rates of wages paid to the workmen and such other particulars in suclj form as may be prescribed rcgist~rs and other recnrds to be maintuin€'l obstructions (2) every pr;n('ip~ll employer and every contractor shall keep exhibited in such m:lili1er as may bc' prescribed withll1 the premises of the 10 establishment where the inter-state migrant workmen are employed, notices in the prescribed form containing particulars aboll t the huurs of work, nature rjf duty and such olher information as may be prescribed -24 (l) whoever obstructs an inslledor or a person appoint;:d under 15 sub-section (3) (;f secion- 20 (hereinafter referred to as the authorised person) in the disch:nge of his duties under this act or refuses or wilfully neglects to afford the inspectuf or authorised person any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this act in relation to an establishment to 20 wbicb, or a contractor to whom, this act applies, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend tu two thousand rupees, or with both (2) whoever wilfully refuses to produce <)n the demand of any mspector ot' authorised person any register or other document kept in pursu- 25 ance of this act or prevents or attempts to prevent or d"jes anything which he has reason to believe is likely to prevent any person from appearing before or being examined by any illspector or authorised person acting in pllrsuance of his duties under this act, shall be punishable with imprisonment for h term which may extend to two years, or with fine which may 30 extend to two thousand rupees, or with 25 whoever contravenes any p thereunder regulating the employment of in or contravenes any condition of a licence granted under punishable with imprisonment for a term which may extend to one or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention, with an additi"jnal fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention contravention of provisions regarding employment of inter-state migrant workmen other offenet's, 26 if any person contravenes any of the provisions of this act or of 40 any rules made thereunder for which no other penalty is elsewhere provided, he shall be punish;)ble with imprisonment jor a term which may exlend to two years, or with fine which may extend to two thousanl rupees, or with both olfenccr by companies 27 (1) where an offence under this act has been committed by a 45 company, every person who, at the time the offence was committed, was in charge of, and w:1s responsible to, the company for the conduct of the business of the cempanv, as well as the comp1ny, shall be deemed to be guilty of the ofl'ence and shall be liable to be proceeded against and punished accordingly: provided that nothing cont;::ned in this sub-section shall render any such person liable to any punishm~nt, if he proves that the offence was committed without his knowlc,lge or that he had exercised all due diligence to prevent the commlsion of such offence 5 (2) notwithstanding anything contained in sub-section (1), where :my offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attrihutable to any neglet"t on the part of, any director, manager, secrebry or other officer of the company, such director, 10 manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation-for the purposes of this section,-(a) "company" means any body corporate and includes a firm or 15 other association of individuals; and (b) "director" in relation to a firm, means a partner in the firm cognizance qf offences 28 no court shall take cognizance of any "ffence under this act except on a complaint made by, or with the previous sanction in writing of, an inspectr)r or authorised person and no court inferior to that of a metro-20 po1itan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act limitation of prosecutions 29 no court shall take cognizance of an offence punishable under this act unless the complaint thereof is made within three mo'11ths from the date on which the alleged commission of the offence came to the know-25 ledge of the inspector or authorised perron concerned: provided th1t where the offence consists of disobeying a written order made by an inspector or authorised person complaint thereof may be made within six months of the date on which the offence is alleged to have been committed of this act shall have effect notwithstanding other law or in the any standin~ orders or after the com-effect of laws and agreements inconsistent with the act powel' to exempt in special cases eontract of service employed in the establishment': lire entitled to beneflts in respect of any matter which are more favourable to them than those to which they woujd he entitjed under this act, the inter-state migrant workmen shall continue to be 40 entitled to the more favourable beneflts in respect of that matter notwithstanding that they receive benefits in respect of other matters under this act (2) nothinq contained in this act shall be constroed as precjudin~ any inter-state mim'ant workmen from enterinq into an ~t!teem('nt with the 45 principal employer or the contractor, as the case ml'ly he, forl!tanting them rights or privileqes in rec;pect of any matter which arc more favourable to them than those to which thev ""f)uid be entitled under this act 3l; the appropriate govemmfflt mflv by notification in the official gazette and s'ubjcct to s'uch conditions and restrictions if any, anci for s0 such period or periods as may be specified in the notification, direct that all or 'any of the provfsions of thjs act or the rules made thereunder mau not apply to or in relation to any establishment or class of establishments or any contractor or class of contractors or any inter-~tate migrant workmen in such establishment or class of such workmen, if that government is satisfied that it is just and proper so to do having regard to the methods of recruitment and the oonditions of employment in such establishment s or class of establishments and all other relevant circumstances 3% (1) no suit, prosecution or other legal proceedings shall lie against any registering officer, licensing officer 01' any other employee 'of the government for anything which is in gqod faith done or intended to be done in pursuance of this act or any rule or ()rder made thereunder 10 protec_ tion of action taken under the act (2) no suit or other legal proceedings shall lie against the government for any damage caul'ed or likely to be caused by anything which is in good faith done or intended t() be done in pursuance of this act or any rule or notification or order made 01' issued thereunder 33 the central government may give directions to ithe gove'mment is of any state as to the caitying into executio,n in the state of the provisions contained in this act power to give directions power to remove dift\-culties 34 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this 20 act, as appears to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of two years from the date on which this act comes into force (2) every order made under this sectian shall, as soon as may be after 2s it is made, be laid before each house of parliament  power to 35~ (1) the appropriate government may, subject to the condition of make previous publication, make rules fqr carrying out the purposes of this rules act (2) in particular, and without prejudice to the generality of the fore- 30 gtling power, such rules may provide for all or any ~ the following matters, namely:-(a) the form and manner in which an applicatiqfl, 'for the registration of an establishment may be made under section 4, the fees payable thereon and the form of a certificate of registration issued under 35 that section; (b) the form in which an application for the grant qr renewal of a licence may be made under section 9 and the particulars it may contain; (c) the manner in which an investigation is to be made in respect 40 of an application for the grant of a licence and the matters to be taken into accc1u1lt in granting ql' refusing a licence; (d) the form of a licence which may be granted or tenewed under this act, the conditions subject \to which the licence may be granted or renewed, the fees payable for the 'gamt or renewal of a licence 4s and the security, if any, required to be furnished for the due perfonnance of the conditions of 'the licence; (e) the circumstanccl' under which llce!'llccs may be varied or amended under section 10; (1) the fonn and the manner in which' appeals may be filed under so section 11 and the procedure to be follqwed by appellateofficens in -" disposing 01 the appeals; i 5 10 (g) the wage rates, holidays, hours of work and other conditions of service which an inter-state migrant workman is entitled under section 13; (h) the period witbbl which wages payable to inter-state mfarant workmen should be paid by the contractor under sub-section (1) of section 17 and the manner of certi1ication of such payment under sub-section (2) thereof; (i) the time within which allowances or facilities required by this act to be provided and maintained may be so provided by the contractor and in case of default on the part of the contractor, by the principal employer under section 18; (j) the powers that may be exercised by inspectors under section 20· , (k) the form of registers and records to be maintained, and 15 the particulars and information to be contained in notices to ~ exhibited, by the principal employers and contractors under section 23; (1) the manner of submission of returns, and the forms in which, and the authorities to whim, such returns may be submitted; 20 (m) iepi aid to iater-&ate micnmt workmea; (,,~ any o~ matter which is required to be, 01' may be, prescribed under this act (3) every rule made by ~ central government illuder this act shall be wd, as sidon as may be after it is made, before each house of parliament 25 while it is in sesslon :for a total period of thirty days whioh may ,be corn· prised in one session or in t~ or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in ~ any modification in the rule or both houses agree that the rule should not be made, the rule shan 30 thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or ~nujment shall be without prejudice to the validity of anything previously dane under that rule 36 (1) the orissa nadan labour (control and regulation) act, 1975 35 and any law corresponding to this act, in force in any state, shall stand repealed repeals andsavin, orilsa act 42 of 1975 8 of 1923  of 1936 14 of 1947 (2) notwithstanding such repeal, anything done or any action taken under the provisions of the act or law 10 repealed shall, in so far as such thing or action is not inconsistent with the provisions oif·fuis act, be deem-40 ed to have been dane or taken under the provisions of this act as it the said provisions were,in force w~~ suchfuing was dqne or such action was takpo and shall continue to be in' force accordingly until superseded by uything done or any action taken under this act the schedule 45 (see section 21) 1 the workmen's c~tion act, 1923 2 the payment:of wages act, 1936 3 the industrial disputes act, 1947  "- the employw· 'state insurance act, 1948 34 of 1948 50 19 of 1952 5 the employees' provident funds and miscellaneous provisions act, 1952 53 of 1961 6 the maternity benefit act, 1961 the system of employment of inter-state migrant labour (known in orissa as dadan labour) is an exploitative system prevalent in oris~a and in some other states in orissa, dadan labour is recruited from various parts of the state through contractors or agents called scrrdat8/ khatadat8 for work outside the state in large constructionprojecls; this system lends itself to various abuses though thesardars· pronlise at the time of recruitment that wages calculated ~n 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 afa'r-oft place on payment of railway fare only': no working hours are ftxed for these workers and they have to work on alt'the days in a week under' extremely bad working conditions the -proyisiorts of 'the various labour 'laws are not being observed in their case and they are subjected to' various malpractices' , , 2 the'l'wenty-eighth session of thee ~bour ministers' conference (new' de!hj, o~ober ,2fh1976l· whklil qo,xmd~red tlle question pf ,protectionand wedfale-'ofdadan llabl)ur,r~mmended te setting· up of a small compact committee to go into the whole question and to suggest measures for eilmin'ting theabu~s,prevalent jn thi,· $ystem , the inter-state mignrl!lt -workmen are gellerauy illiterate, unorganised :and have normally to work~ctddtrextro~ admirse,rqilditiam lag,q in view of these hardships, some admjnistratwe' and if!'8islative alt~gements both in the state from where they are recruited,nd: ,~scii- jd;  the ,state where they are engaged for work are necessary to s~cl,lre effective protection against their exp'iaitation the c?mpact 'committee which was constit~ted !n february,' t'9t7,thet!e,fore: reconimendeci ~e enactment of a separate central ~egislation ·t? r~gulatetheeml11bylnent of blter-state migrant workmen as'it was felt tnat , the provisions 6f the contract labour (regulation ,and aboliti~n) act" iitto~even· a~ ,nec~ary amendments \ would not adequately take care of the variety of malpractices induleed in by the contractors/sardarslkh4tada,tb, 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 tq~ ministries of the governm~nt of india and the suggestions made by thetn have been taken into account in formulating the proposals for legislatron~ '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 worltineh are employed or , were employed on any day of the pioeceding twelve months it will , ~lso apply to every contractor whb employs or employed five or more inter~state migrant workmen on·· aliy day of  the preceding twelve months (ii) the establish~~nt pro~ing, ~ employ inter-state migrant worlanen will be required to be registered with registering oftlcers appointpd under the central government or the state governments, as the case may be, d~ending on whether the' 'establishment falls under the central sphere or sate sphere likemse f!very contractor who proposps to recruit or elritjtly inter-8tate· inill'atn workmen· will be required to obtah\a licence frotnthe spectfted authoritybotb of - "i', ' the state to which the workman belongs (home state) and the state in which he is proposed to be employed (host state) (iii) 'l"he 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, ' pan book containing the details of the employmeat (w> spec!ftcguic!elines have been indicated regarding the wag payable to inter-state migrant workman and he is required to be ~id,wages £rem the date of his recruitment (v) the 11\1er-sta te migrant workman will be entitled to a' dis- placement' allowance and a journey allowance in '~ddition to, his i' '  -'wages" (vi) the, ~:ili~e, - ,that are required to be provided to the workmen would incl,ude provision of suitable residential accommociation-ad~quat, medi~l: fad/lilies, protective clotilingto suit vary~ j,-rp~c, concptiods, ( ~>, sl,jitable ~d;tions of work taking il},to account that, they have ruigrated from another state ,(vii) inspectors wih be appointed by the appropriate government to see that the pt'ovisil1ns of the legislation are belng complied -with :cn additior;power ,has been- given to the state government of the home state~ to appclnt; -after, consultation 'with the government'of; the ,hoststate,mspec1ot's :for visiting the ·establishments wherein workmen from the formerstat~ are employed to see whether'the provisioll8 of tfie legisl~tioh are being complied with id: the  'cas/:! 'of such workmen (viii) the inter-state migrant workman may raise an tndustrftl dispute arising out o'hij emplq)'1i1ent either in the host state or in tile home state ·after bis r~turn ,to that state after the col))pletion of the contl'act of emplqyment he will also be permitted to apply -for the transfer of proceedinp in relation to an industrial dispute ' pending before@ei\1thorjty in  the host state to the corresponding authority in ~t:nhpm4t, s~e pn the,grq:und that he has returned to :jhet;'statc aftu the completion ;ofhis ,oontrac:t~ ';; (b:) deterrent punt!llhmf!nts have i:been ,proposed, for the: eontra"o'ention :trf the pratiitibnb' of the legislatiol1: -, new j:>elhi; ravlndra val\ma the 1st mcu'ch, 1979    ;, ',-    president's recommendation under article 1t1 ,',' , op' the constitution of india- [c,opm;f)fletter,no s-l6025(2c),n-lw dated the 3rd march;'l979 fro~ shri bavindrai'y:~' minister' ofpbrllamentary ~alri il1'1d labour to the sec&-etiiry, ;lok,sabba] the president, having been iaformed of the subj~ matter qf the proposed inter-state migrant workmen (rej{ulation of employment and conditions of seriice) -bid'" 19'1o, recommends the consideration 01 the bill under article 117 (3) of the constitution by lok sebha cla~ 3 of the bill enables the appropriate government to appoint officers of government to be reltistering officell for the purpose of exercising the powers conferred on registering officers under the provisions of the bill clause 7 0' the 3ill empowers the appropriate government' to appoint officers of government to be licensing officers for the purpose of exercising the jurisdiction and powers conferred on licensing oftlcers under the provisions of the bill under the above provisions, the expenditure tc·wards the appointment of registering officers in relation to establishments in ft'sp<'ct cf which the central government is the appropriate government and the expenditure tcwards the appointment of registering officers in the union territories of delhi, the andaman and nicobar islands, chandigarh, dadra and nagar haveli and lakshadweep in relation to e!"tablishments in respect of which the state government is the appropriate gov(lrnment will be met from out of the consolidated fund of india llke'wise, the expenditure towards the appointment of licensing officers in relation to central establishments in the whole of india and in relation to establishments in the state phere in the said union territories will be met from out of the conaoudated fund of india clause 20 enables the appropriate government to appoint inspectors for the purposes of the bill clause 35(2) (m) of the bill enables the appropriate government to make rules to provide legal aid to inter-state migrat\t workmen 2' it is proposed to entrust the central industrial relations maehinery with the powers and functions of the registering affteers, licensing oflcers and inspectors under the provisions of the bill in relation to establishments in respect of wnich the central gove11lment is the appropriate government it is estimated that the additional work that may devolve on the oftlce of the chief labour commissioner (central) will involve a recurring expenditure of about rs 1,31,000 per annum the total non-recurring expenditure likely to be incurred will be about ri 33,000 in relation to establishments in the state spbere in the said union territories, the powers and functions of registering officers, licensing ofticers and inspectors ul'lde!' the provisions of the bill will be entrusted to the existing enforcement machinery in those union territories and noadditional expenditure 4s likely to be incurred on this account the expenditure which may be incurred with respect to legal aid to inter-state migrant workmen under the rules which may be made in this behalf will depend upon tbe t}1te of aid vlhicn maybe provided for in such rules, the number of in~tate migrant workmen ltmplo,ed from time to time id,central establishments ~ over india and establishments in the states' ~eres in ~~ said union territories and other tirctunltances which it is not possible to visualise at this stage in ''riew thereof, it ii not possible to estimate the expenditure that is likely to be incurred on this account with any degree of accuracy   ,  3 the provisions of this billdo not lnvolviii any other -expenditure of a recurring or non,;recurring nat\a"e clause 35 of the bill empowers the appropriate government to make rules for carrying out tbe purposes (if the bill sub-clause ,(2) of that clause specifies the matt'~rs in respect of which rules may be made under this clause these include, among other things, the form and manner in which an applicat'on for the registration of an establishment may be made for the employment of inter-state migrant workmen, the form in which an application may be made for the grant or renewal of a licence by a contractor before he recruits or employs inter-state migrant workmen, the period within which wager payable to inter-state migrant workmen should be paid by the contractor, the time within which allowances or facilities required by the provisions of the bill to be provided and maintained may be so provided by the contractor, the powers that may be exercised by inspectors, the form of registers and recorus to be maintained by the principal employers and contractors, the manner at submission of returns to the authorities under the provisions of the bill and the provision of leg~l aid to inter-state migrant workmen 2 the matters witn respect to which rules may be made are matters of administrative procedure or detail and it may not be possible to provide for them in the bill itself the delegation of the legislative power is, therefore, of a normal character a bill  to regulate the employment of inter-state migrant workmen and to provide for their conditions of service and for matters connected therewith wtn-"         -'k                                                                 -,                                                             ''\' , (shri ravindra varm4~ ministe?-          of parliamentary affairs and labour) 