Rule, 1981

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

The Jharkhand Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules 1980

CONTENTS

The Jharkhand Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules. 1980.

CHAPTER-I

1 .Short Title and commencement:

2. Definition

CHAPTER-II

3. Manner of making application for registration of establishment.

4. Issue of Certificate for registration

5. Circumstances in which application for registration may be rejected.

6. Amendment of Certificate of registration.

7. Application for licence.

8. Matters to be taken into consideration in granting or refusing a licence

9. Refusal to grant licence

10. Security

11. Forms and terms and conditions of licence

12. Fees

13. Amendment of licence

14. Renewal of licence

15. Period of renewal of the licence

16. Issue of duplicate certificate of registration

17. Refund of Security

18. Appeals and procedures

19. Obtaining of copies of order

20. Payment of fees and security deposits

CHAPTER-III

21. Particulars of migrant workmen

22. Return fare

23. Pass Book

24. Return and Report

CHAPTER-IV

25. Rate of Wages

26. Wage period

27. No wage period shall exceed one month

28. Time of payment of wages

29. Payment of termination

30. Mode of payment

31. Wages to whom paid

32. Wages shall be paid in current coins

33. Notice of wage period

34. Payment in presence of authorized representative of Principal Employer.

35. Certificate by the authorized representative of the Principal Employer

CHAPTER-V

36. Holidays hours work and other conditions of service

37. Medical facilities

38. Protective clothing

39. Drinking water, Latrines, urinals and washing facilities.

40. Rest rooms

41. Canteen

42. Latrine and urinal

43. Washing facilities

44. Creche

45. Residential Accommodation

46. Liability of the Principal Employer in certain cases.

47. Relaxation in certain cases

CHAPTER-VI

48. Registers of contractors

49. Register of persons employed

50. Service certificate

51. Displacement-cum-outward journey allowances sheet and return journey allowances register

52. Muster Roll, Wages Register, deductions register and overtime register.

53. Maintenance and Preservation of registers

54. Display of an abstract or the Act and the rules.

55. Notices

56. Periodical returns

57. Power to call information or statistics in relation to Migrant workmen.

CHAPTER-VII

58. Legal aid

CHPATER-VIII

59. Power of Inspectors

60. Facilities to inspectors for entry, inspection, examination or enquiry.

RULES

CHAPTER I

1. Short title and commencement – (1) These rules may be called the Jharkhand Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules 1980.

2. They shall come into force on the date of their publication in the Jharkhand requires---- (a.) “Act” means the Inter – State Migrant Workmen Service) Act, 1979; (b.) “Appellate Officer” means an appellate officer nominated by the State Government under section II of the Act; (c.) “Commissioner of labour, Jharkhand” means an officer as such appointed by the State Government; (d.) “Form” means a form appended to these rules;

(e.) “Inspector” means an inspector appointed by the State Government under section 20 of the Act; (f.) “Licensing officer” means the licensing officer appointed by the State Government under section 7 of the Act; (g.) “Migrant workmen” means an inter – state migrant workmen as defined in section2; (h.) “Registering officer” means the registering officer appointed by the State Government under section 3 (i.) “Section” means a section of the Act;

(j.) “specified authority” means the authority specified by the State Government for the purpose of sections 12 and 16; and (k.) 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

3. Manner of making application for registration of establishment – (1) The application 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 registered is located.

(2) The application referred to in sub rules (1) shall be accompanied by a treasury challan showing payment of the officer for the registrations of the establishment.

(3) Every application referred to in sub rules (1) shall be other personally delivered to the registering officer or sent him by registered post with A/D.

(4) On receipt of the application referred to in sub rules the registering officer, shall after noting there on the date receipt by him of the application, grant an acknowledgement be applicant.

4. Issue of certificate of registration – (1) Where an application in Form I has been received, the registering officer shall on being satisfied about the correctness of the statement made therein, register the establishment and issue to the principal employer a certificate of registration in form II.

(2) The registering officer shall maintain a register in Form III showing the particulars of the establishment in relation to which certificates of registration have been issued by him.

(3) 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 changes take place, the particulars of and the reasons for, such change.

5. Circumstances in which applications for registrations may be rejected (1) If any applications for registration is not complete in all respects, the Registering officer shall require the principal employer to amend the application within fifteen days 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 knowingly and deliberately omits or fails to do so within the time specified in this behalf, the registering officer may reject the application for registration.

(3) if, in the opinion of the registering officer, a principal employer from whom application for registration has been received, on enquiry by a competent officer, has been found to have been involved in activities which are injurious to social harmony or interest or does not have any honourable means of livelihood, or that the interest of migrant workmen would not be safe in the hands of such a person, he may reject the application for registration.

6. Amendment of Certificate of registration – (1) Every intimation under sub rules (3) of rule 4 shall be accompanied by the current certificate of registration and a treasury challan showing the payment of a fee of Rs. 5 (Rupees five only) plus an amount ,if any, by which the fee which should have been payable if the certificate of registration had originally been issued in the amended form exceeds that the amount fee originally paid for the certificate of registration.

(2) Where on receipt of the intimation under sub rule (3) 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 sum which together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registrations of the establishment and to produce the treasury receipt showing such deposit within fifteen days.

(3) Where an intimation referred to in rules (3) of rule has been received and 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 changes which have been occurred: Provided that no such amendment shall affect anything one or any action taken or any right, obligation or liability required or incurred Provided further that the registering officer shall not make out any amendment in the registration Form III unless appropriate fees have been deposited by the principal employer.

(4) After the register in form III has been amended, registering officer shall also make corresponding entries in certificate of registration in Form II under his own signature and seal of office and return it to the principal employer.

7. Application for licence – (1) Every application by a contractor for the grant of licence for recruit under the clause (a) if 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 recruitment is made.

(2) Every application by a contractor for employing migrant workmen under clause (b) of sub section 8 shall be made in triplicate in Form V to the licensing officer having jurisdiction in relation to the area wherein the establishment is situated.

(3) (i) Every application for the grant of 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 undertaken to be bound by all provisions of the Act and the rules made there under so far as they are applicable to him in respect of the recruitment or employment of migrant workmen, in respect of which the contractor is making the application.

(ii) Every such application shall be either personally delivered to the licensing officer concerned or sent to him by registered post with A/D.

(4) On receipt of the application referred to in sub – rule (1) or sub rule (2) the licensing officer concerned shall, after noting there on the date of receipt by him 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 a treasury showing payment of the fee as required under rule 12 as well as of the security deposit as determined under rule 10.

8. Matters to be taken into consideration in granting or refusing a licence – In granting or refusing a license, the licensing officer shall take the following matters into consideration, namely :-

(a) Whether the applicant –

(i) is a minor; or

(ii) is of unsound mind and stands so declared by competent court; or

(iii) is an undischarged insolvent; or

(iv) has been convicted, at any time during the five years immediately preceding the date of application, of an offence which, in the opinion of the State Government, which involves moral turpitude; or

(v) has, on enquiry by a competent officer, been found to have been involved in activity which are injurious to social harmony or interests, or does not have any honourable means of livelihood, or that the interests of migrant workmen would not be safe in the hands of such person;

(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 has elapsed from the data of that of that order;

(c) Whether the fees of the application has been deposited at the rate specified in rule 12; and

(d) Whether security, wherever necessary, has been deposited at the rates specified in sub – rule (1) of Rule 10.

9. Refusal to grant licence – (1) On receipt of the application from the contractor, and as soon as possible thereafter the licensing officer shall investigate or cause investigation to be made to satisfy himself about the correctness of the facts and particulars finished in such application and the eligibility of the applicant for a licence.

(2) (i) Where the licensing officer is in the opinion that the license should not be granted, he shall, after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application.

(ii) The order shall record the reason for the refusal and shall be communicated to the applicant.

10. Security –

(1) Where the licensing officer is satisfied in accordance with the procedure laid down in the provision 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 condition 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 number of persons proposed to be employed, their period of employment, rates of wages payable to them, places of employment, facilities which shall be afforded to the workmen and other relevant factors as specified in sub – section (3) of the said section and determine the amount of security to be furnished by such person, which shall not exceed forty percent of the amount estimated by him: Provided that the amount of security to be furnished by any such person shall not be less than twenty times of the amount payable by him by way of fee for the licence.

(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 opinion, that any amount out to the security, if any deposited in respect of that license is to be refunded to the applicant under rule 17 he may on an applicant 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.

11. Forms and terms and condition of licence – (1) Every licence issued under clause (a) and clause (b) of sub section

(1) of section 8 shall be inform VIII & VIII-A respectively.

(2) Every licence granted under sub – rule (1) or renewed under rule 14 shall be subject to the following condition, namely:-

(i) the licence shall be non- transferable;

(ii) the terms and condition of the agreement under which the migrant workmen is recruited or employed will be observed;

(iii) the number of migrant workmen recruited or employed shall be specified.

(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 rate of wages payable to the migrant workmen by the contractor Shall not be less than the rates prescribed under the Minimum Wages Act, 1948, for such employments and where the rates have been fixed by agreement settlement or awards not less than rates so fixed ;

(vi) save as provided in the rules, the fees paid for the issue, or as the case may be for renewal of licence shall be non- refundable;

(vii) (a) in case 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 wages- rates, holidays, hours of work and other condition of service of the migrant workmen of the contractor shall be same as applicable to the workmen directly employed by the Principal Employer of the establishment on the same or similar kind of work ; Provides that in case of any disagreement with regard to the type of work, the same shall be decided by the commissioner of Labour, Bihar whose decision there on shall be final;

(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 workmen shall be entitled to allowances benefits, facilities, etc, as prescribed in the Act and Rules ;

(ix) no female workmen, shall be employed by any contractor before 6 am or after 7 pm ; Provided that this clause shall not apply to the employment of female migrant workmen in Pit-head Baths, creches and canteens and mid-wives and nurses in hospitals and dispensaries;

(x) the contractor shall notify any change in the number of migrant workmen or the conditions of work to the Licensing Officer within fifteen days ;

(xi) the contractor shall comply with all the provisions of the Act and the rules ;

(xii) a copy of licence shall be displayed prominently at the premises where the migrant workmen are employed ;

(xiii) the period for which the licence shall be valid.

(3) The Licensing Officer shall maintain a register in form VIII-B showing the particulars of contractors in relation to whom licences have been issued by him.

12. fees -- (1) the fees to be paid for grant of certificate of registration of an establishment under section shall be as specified below :---- If the number of migrant workmen proposed to be employed in the establishment of any day------

(a) is 5 but does not exceed 20 45.00

(b) exceeds 20 but does not exceed 50 112.00

(c) exceeds 50 but does not exceed 100 225.00

(d) exceeds 100 but does not exceed 200 450.00

(e) exceeds 200 but does not exceed 400 900.00

(f) exceeds 400 1,125.00

(2) The fees to be paid for the grant of licence under section 8 shall be as specified below; ---- If the number of migrant workmen recruited or employed by the contractor on any day – Rs.

(a) is 5 but does not exceed 20 20.00

(b) exceeds 20 but does not exceed 50 40.00

(c) exceeds 50 but does not exceed 100 80.00

(d) exceeds 100 but does not exceed 200 160.00

(e) exceeds 200 but does not exceed 400 320.00

(f) exceeds 400 400.00

13. Amendment of licence ---(1) A licence issued under Rule 11 or renewed under rule 14 may, for good and sufficient reasons be amended by the Licensing Officer.

(2) The contractor who to have the licence amended shall submit to the licensing officer, an application stating the nature of amendment and reasons therefore within thirty days from the date when occasions for such amendments arise.

(3) Every intimations under sub-rules (1) and (2) shall be accompanied by the current licence and a treasury challan showing the payment of a fee of Rs. 5 (Rupees five) only plus an amount, if any, by which the fees that would have been payable if the licence had been originally issued in the amended form exceeds the fee originally paid for the licence.

(4) Where on receipt of intimation under sub-rules (1) and (2) the Licensing Officer is satisfied that an amount higher than the amount which has been paid by the contractor as fees for the grant of a licence is payable, he shall require such contractor to deposit a sum, which together with the amount already paid by such contractor would be equal to such higher amount of fee payable for the grant of licence and to produce a treasury receipt showing such deposit within fifteen days.

(5) Where an intimation referred to in sub-rule (2) has been received and the Licensing Officer is satisfied that there has occurred a change in the particulars of the licence as entered in the Register in Form VIII-B he shall amend the said register and record the changes which have occurred :

Provided that no such amendment will affect anything done or any action taken or any right, obligation or liability acquired or incurred before such amendments:

Provided further that the licensing officer shall not carry out any amendment in the Register in Form VIII-B unless the appropriate fees have been deposited by the Contractor.

(6) After the Register in Form VIII-B has been amended the Licensing Officer shall also make corresponding entries in the licence in Form VIII and Form VIII-A, as the case may be, under his own signature and seal of the office and return is to the contractor.

(7) Where the application for amendment is refused the Licensing Officer shall record the reason for such refusal and communicate the same to the applicant.

14. Renewal of Licence – (1) Every contractor may apply to the Licensing Officer for renewal of the licence.

(2) The application for renewal of the licence 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 licence shall be deemed to have been renewed until such date when the renewed licence is issued.

(3) The fee chargeable for the renewal of licence shall be same as grant thereof:- Provided that if the application for renewal is not received within time specified in sub-rule (2), a fee of twenty five percent for every quarter in excess of the fees ordinarily payable for the licence shall be payable for such renewal. Provided further in the 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 remits as he deems fit the payment of such excess fee.

15. Period of renewal of the licence :- Every licence renewed under rule 14 shall remain in force for a further period of twelve months from the date of the order or renewal.

16. Issue of duplicate certificate of registration or licence – When a certificate of registration or licence granted or renewed under the preceding rules has been lost, defaced or accidentally destroyed a duplicate thereof may be granted on payment of a fee of Rs. 10 (Rupees Ten) only by Treasury Challan.

17. Refund of Security – (1) (i) On the expiry of the period of the licence, The contractor may, if he does not intend to have his licence renewed or got the security amount adjust 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 security if any, deposited by him under Rule 10.

(ii) If the licensing officer is satisfied that there is no breach of the condition of licence or there is no order under section 10 for the feature 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 such 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.

18. Appeals and procedure- (1) (i) Every appeal under section 11 shall be preferred in the form of a memorandum given by the appellant or his authorized agent and presented to the appellate officer in person or sent to him by registered post with A/D.

(ii) the memorandum shall be accompanied by a certified copy of the order and a treasury challan for Rs. 25 (Rupees twenty five) only.

(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 or being amended within a period of fifteen days.

(4) Where the appellate officer rejects the memorandum of appeal under sub-rule (3), he shall record the reasons for such rejections and communicate the same to the appellant.

(5) Where the memorandum of appeal is in order, the appellate officer shall admit the appeal, endorse there on the date of presentation and shall register the appeal in the register of appeals for the purpose

(6) (i) When the appeal has been admitted, the appellate officer shall send a notice to Registering officer, the Licensing officer, as the case may be from whose order the appeal has been preferred. The Registering officer or the Licensing officer as the case may be shall thereupon send the record of the case to the appellate officer.

(ii) On receipt of record, the appellate officer shall send a notice to the appellant to appear before him on such date and time as specified in the notice for the hearing of the appeal.

(7) If, on the date so fixed for the hearing, the appellant does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellant.

(8) (i) 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 such cause from appearing when appeal was called on for hearing, the appellate officer shall restore the appeal on its original number.

(ii) An application under clause (i) shall unless the appellate officer extends the time for sufficient reason, be made within thirty days from the date of dismissed.

(9) (i) If the appellant is present when the appeal is called for hearing, the appellate officer shall proceed to hear the appellant or confirming, reversing or modifying the order appealed from.

(ii) The judgement of the appellate officer shall state the points for determination, decision there on and the reasons for the decisions.

(iii) 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 performed.

19. Obtaining of copies of orders – A copy of the order of the Registering Officer, Licensing Officer, or Appellate officer may be obtained on a production of a Treasury Challan showing payment of fees of Rs. 5 (Rupees five) 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 payable under the rules of registration, licensing, renewal of licences, appeals, etc, shall be paid in the local treasury under the head of account “087- Labour and Employment. Fees under the Bihar Inter State Migrant Workmen (Regulation of Employment and condition of Service) Rules, 1980”.

(2) The amount of security deposit shall be paid in the local treasury under the head of a account “ Deposit Advance (b) – Deposits not bearing interest – 843 Civil Deposits – Security Deposits “.

CHAPTER III

Duties of the Contractor

21. Particulars of migrant workmen- (1) Every contractor shall furnish to the specified authorities the particulars regarding recruitment and employment of migrant workmen in form X

(2) The particulars shall be either personally delivered by the contractor to the concerned specified authorities or sent to them by registered post with A/D.

(3) Every contractor shall also furnish particulars in respect to workmen recruited for working in establishment for which the appropriate to Government is the Central Government, to the Superintendent of Labour and the District Magistrate of the State Government.

22. Return Fare- The contractor shall pay to the migrant workmen the return fare from the place of employment to the place of residence in the home- State of the Migrant workmen on the expiry of the period of employment and also on his:

(a) termination from service before the expiry of the period of employment for any reason what so ever ;

(b) being incapacitated for further employment 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 Workmen ; and

(d) resignation from service on account of non-fulfilment of terms and conditions of his employment by the contractor.

23. Pass Book – (1) In the pass book referred to clause (b) of sub section (1) of section 12, following additional particulars shall be indicated, namely-

(a) the date of recruitment

(b) the date of employment

(c) the total attendance/unit of work done (in respect of piecerated migrant workmen) total wages earned / deductions, if any, made/net amount paid and signature of contractor or his duly authorized representative with date; and these entries shall be made separately in respect of each wage period within three days from the date of payment.

(d) name and address of the next of kins of migrant workmen.

(2) In case of fatal accident or serious bodily injury to any migrant workman, the contractors shall immediately send telegrams to the specific 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 workmen, as the case may be, date, place and nature of accident. The contractor shall further send written report to the specified authorities concerned and the next of the kins of the migrant workmen, under mentioned particulars, by registered post with A/D within 24 hours of the occurrence 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

(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 requirement of sub-rule (2) as early as possible but in any case not less than 48 hours of the time of occurrence of the accident.

24. Return and Report – Every contractor shall furnish a return regarding migrant workmen who have ceased to be employed in Form XI to the specified authorities concerned either personally or by registered post with A/D so as to reach them not later than 15 days from the date of migrant workmen ceases to be employed.

CHAPTER IV

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 workman directly employed by him in that establishment or the minimum rates of wages notified by the State Government under the Minimum Wages Act, 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 sub- clause (b) of sub-section (1) of section 13, the same shall be decided by the Commissioner of Labour, Jharkhand whose decision shall be final.

26.Wage Period – The contractor shall fix wage periods in respect of which wages shall be payable.

27. No wage period shall exceed one month.

28. Time of payment of wages – The wages of every migrant workman in an establishment of a contractor, where less than one thousand workmen are employed, shall be paid before expiry of the seventh day, and in other cases before the expiry of tenth day, after the last day of the wage period in respect of which the wages are payable : Provided that if any migrant workman be absent until last day permissible under this rule the wages shall be paid brfore the expiry of three working days from the day on which he attends for work again or demands payment.

29. Payment on termination – Where the employment of any migrant workman is terminated by or on behalf of contractor, the wages earned by the migrant workman shall be paid before the expiry of the second working day from the day on which the employment is terminated.

30. Mode of the payment – All payment of wages shall be made by contractor on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of wage period, final payment shall be made within forty-eight hours of the last working day. 31.Wages due to every migrant workman shall be paid to him direct or to other persons duly authorised by him in this behalf.

32. All wages shall be paid in current coins or in currency notes or in both. Wages shall be paid without any deduction of any kind except those specified by the State Government by general or special Order in his behalf or permissible under the Payment of Wages Act, 1936.

33. 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 acknowledgement.

34. The Principal Employer shall ensure the presence of his authorised representative at the place and time of disbursement of wages by the contractor to the migrant workmen; and it shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorised representative.

35. 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 migrant workman concerned in my presence on ..........................................”

CHAPTER V

Medical and other facilities to be provided to migrant workman.

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 workman 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 Labour Commissioner, Jharkhand whose decision shall be final.

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 workmen or any member of his family may suffer during his employment in the establishment to meet any preventive measure against epidemic or any virus selection. Whenever any medicine is purchased by a migrant workman on the basis of the prescription issued by any Doctor, provided by the contractor or the Principal Employer, as the case may be r in absence of such medical officer or referred to any other Registered medical Practitioner or specialist by any such registered medical practitioner or specialist the cost of such medicine 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 contractor or the Principal Employer, as the case may be, shall be liable to reimburse the cost of medicine described by any registered medical practitioner only when the contractor/ Principal Employer has not provided a doctor.

(2) In the event of 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 of the concerned member of his family. The contractor shall.... the entire expenses on treatment, hospital charges (including ....), 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... of not less than one box for one hundred and fifty workmen part thereof.

(4) The first-aid box shall be distinctly marked with a red cross on a white ground and shall contain the following equipments, namely: -

(a) For establishments in which the number of migrant workmen employed does not exceed fifty, each first-aid box shall contain the following equipments : -

(i) 6 small sterilized dressings;

(ii) 3 medium size sterilized dressings;

(iii) 3 large size sterilized dressings;

(iv) 3 large sterilized burn dressings;

(v) 1 (30 ml.) bottle containing a two percent alcoholic solution of iodine;

(vi) 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label;

(vii) 1 snake-bite lancet;

(viii) 1 (30 grams ) bottle of potassium permanganate crystals;

(x) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advice Service and Labour Institutes, Government of India ;

(xi) A bottle containing 100 tablets (each of five grains) of Aspirin ;

(xii) Ointment for burns ; and

(xiii) A bottle of suitable surgical antiseptic solution.

(b) For establishments in which the number of migrant workmen exceeds fifty each first-aid box shall contain the following equipments: -

(i) 12 small sterilized dressings;

(ii) 6 medium size sterilized dressings;

(iii) 6 large size sterilized dressings;

(iv) 6 large size sterilized burn dressings;

(v) 6 (15 grams) packet sterilized cotton wool;

(vi) 1 (80 ml.) bottle containing a two percent 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 grams) bottle of potassium permanganate crystals;

(xii) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advice Service and Labour Institutes, Government of India;

(xiii) A bottle containing 100 tablets (each of five grains) of Aspirin ;

(xiv) Ointment for burns ; and

(xv) A bottle of suitable surgical antiseptic solution.

(5) Adequate arrangement shall be made for immediate re development of the equipment 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 in charge of a responsible person shall always be readily available during the working hours of establishment.

(8) The person in charge of the first-aid box shall be a person owned in first-aid treatment, in establishments where the number migrant workman is one hundred and fifty or more.

38. Protective Clothing – (1) The contractor shall provide to many migrant workman where the temperature falls below 20 degree centigrade, protective clothing consisting of one woollen at or one woollen trousers 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 contractors to every migrant workman before one set of winter season in the area where the establishment is located or on the 30th day September, whichever is earlier.

(3) The contractor shall provided the migrant workmen with gloves, shoes and such other safety equipments as are provided the other workmen employed on jobs of similar nature.

39. Drinking water, latrines, urinals, and washing facilities :- (1) The contractor shall make necessary arrangements for supply of sufficient quantity of wholesome drinking water, sufficient number of sanitary latrines and urinals, washing facilities, etc., for the migrant workman 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 therein: Provided that in connection with what is sufficient and what is wholesome, the opinion of the Licensing Officer shall be find and binding.

(2) If any of the facilities is not provided by the contractors within the specific period , the same shall be provided by the Principal Employer within seven days of the expiry of the period specified in sub-rule (1).

40. Rest Rooms – (1) In every place where migrant workmen are required to halt at night in connection with the working establishment and in which employment of migrant workmen 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 the rules in case of the existing establishments, and within fifteen days of the commencement of the employment of migrant workmen in 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 artificial lighting.

(5) The rest rooms, or other suitable alternative accommodation shall be of such dimensions so as to provide as to provide at least a floor area of 1.1 square metre for each person.

(6) The rest rooms, or other suitable 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 accommodations 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 workman 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 the rules in the case of the existing establishments, and within sixty days of the commencement of employment of migrant workmen in the case of new establishments.

(2) If the contractor fails to provide canteen within the time laid down, the same shall be provided by the Principal Employer within sixty days of the expiry of the time allowed to the contractor.

(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 inside walls shall be lime washed or colour washed at least once 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 caused a nuisance.

(iii) Suitable arrangement shall be made for the collection and disposal of garbage.

(7) The dining hall shall accommodate at a time at least 30 percent 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 dinner to be accommodated as specified in sub-rule (7).

(9) (i) A portion of the dining hall and service counter shall be portioned off and reversed for workmen migrant workmen in proportion to their number.

(ii) Washing places for women shall be separate and screened to secure privacy.

(10) Sufficient tables, stools, chairs or benches shall be available for the dinners to be accommodated specified in sub-rule (7).

(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 equipments shall be maintained in a clean and hygienic condition.

(12) (i) Suitable clean clothes for the employees serving n the canteen shall also be provided and maintained.

(ii) A service counter, if provided, shall have a 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 equipments.

(13) The food-stuffs and other items to be served in the canteen shall be in conformity with the normal habits of the migrant workmen.

(14) The charges of meals, other food-stuffs, 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 food-stuffs and other articles served in the canteen, the following items shall not be taken into consideration as expenditure, namely:-

(a) The rent for the land and buildings.

(b) The depreciation and maintenance charges for the building and equipment provided for in the canteen.

(c) The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils.

(d) The water charges and other charges incurred for lighting and ventilation.

(e) The interests on the amounts spent on the provisions and maintenance of furniture and equipment provided for in the canteen.

(16) The books of accounts and registers and documents used in connection with the running of the canteen shall be produced to demand to an Inspector.

(17) The accounts pertaining to the canteens shall be audited once every twelve months by registered Accountants or Auditors: Provided that the Labour Commissioner, Jharkhand may approve of any other person to audit the accounts, if is satisfied that 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 provide 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 least one latrine for every twenty-five males; Provided that where the number of females and males exceeds 190, 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 30 thereafter.

(2) Every latrine shall be under cover and so portioned off as to secure privacy, and shall have a proper door and fastenings.

(3) (i) Where workers of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice in the language understood by the majority of the workers ‘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 workmen, as the case may be, exceeds 500, it shall be sufficient if there is one urinal for every fifty females up to the first 500 and one for every 100 or part thereof thereafter.

(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 public health authorities.

(7) Water shall be provided by means of tap or otherwise so at to conveniently accessible in or near the latrine 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) Separate and adequate screening facilities shall be provided for the use of male and female migrant workmen.

(3) Such facilities shall be conveniently accessible and shall be kept in cleaned hygienic condition.

44. Creche – (1) In every establishment where 20 or more female workmen are ordinarily employed as migrant workmen and in which employed 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 of the coming into force of the rules, in case of existing establishments, and within fifteen days of the commencement of the employment of not less than twenty workmen as migrant workmen in new establishments.

(2) One of such rooms shall be used as play room for the children and the other as bedroom for the children.

(3) If the contractor fails to provide the crèche within the time laid down, the same shall be provided by the Principal Employer within fifteen days of the expiry of the time allowed to the contractor.

(4) The contractor or the Principal Employer, as the case may be shall supply adequate number of toys and games in the play rooms and sufficient number of coats and beddings in the sleeping room.

(5) The crèche shall be so constructed as to afford adequate protection against heat, damp, wind, rain and shall have smooth, hard and impervious floor surface.

(6) The crèches shall be at convenient distance from the establishment and shall have adequate supply of wholesome drinking water.

(7) Effective and suitable provisions shall be made in very 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 -

(i) in case he is accompanied by any other member of his family suitable quarter so as to accommodate them one room having at least a floor area of ten square metres, a verandah and adequate additional covered space for cooking food as well as one common latrine, one common bathroom for every three such quarters; and

(ii) 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 such migrant workmen making use of the barrack, a verandah and adequate additional covered space for cooking food as well as one common sanitary latrine and one common bathroom for every ten of such migrant workmen;

within fifteen days of coming into force of the rules in case of the existing establishments and within fifteen days of the commencement of employment of migrant workmen in new establishments.

(2) Every quarter and 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 establishment and shall have adequate supply of wholesome drinking water:

Provided that if the residential place is more than 2 km from the place of work suitable transport facilities shall be provided or, alternatively, conveyance allowance shall be paid to the workmen to cover the cost of transport.

(4) The area in which the quarters and/or the barracks are located as well as the latrines and the 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 hall provide the same within a period of fifteen days of the expiry of the period laid down in the sub-rule.

(6) If there is any dispute or disagreement regarding suitability or adequacy of provision of any of the amenities referred to in sub- rule (1) to (4) the same shall be decided by the Commissioner of Labour, Bihar whose decision shall be final.

46. Liability of the Principal Employer in certain cases – If any allowance required to be paid under section 14 or section 15 to the migrant workmen employed in an establishment to which this Act applies 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 the rules except where otherwise provided for in the relevant rules : Provided that in the 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 the Principal Employer, as the case may be has already provided any facility relating to supply of wholesome drinking water or restrooms or latrines and urinals or washing, canteen or crèche 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, the facility shall be deemed to be provided for under these rules.

CHAPTER VI

Registers and Records – Collection or Statistics

48. Registers 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 he employs 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 workmen whose services have 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 a register of displacement-cum-outward journey allowances paid to the Act in XV, and also register of return journey allowances paid to them under rule 22 in Form XVI.

(2) Entries in the register referred to sub-rule (1) shall be authenticated by the contractor or his duty authorised representative.

52. Muster roll, wages register, deductions register and overtime register – (1) In respect of establishment which are governed by the payment of Wages Act, 1936 and the rules made there under, or the Minimum Wages Act, 1948, and the rules made there under, or the Contract Labour (Regulation and Abolition) Act, 1970 and the rules made there under, 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;

(f) Register of advances.

(2) In respect of establishments not covered by any of the Act or the rules referred to in sub-rule (1) the following provisions shall apply, namely: -

(a) Every contractor shall maintain a Muster Roll registered and a Register of Wages in Form 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 deductions, Register of fines and Register of advances, Register of deduction for damage or loss, shall be maintained by, every contractors in Forms XIX, XX, and XXI respectively.

(d) Every contractor shall maintain register of overtime in Form XXII.

(3) Not withstanding anything contained in these rules, where a combined or alternative form is sought to be issued by the contractor to avoid duplication of work for compliance with the provision of any other Act or the rules framed there under or any other laws 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, Jharkhand.

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 or the nearest convenient building within the perimeters of the workplace or at a place, if any specified by the Inspector on the specific request made by the Contractor in this behalf.

(2) All the registers shall be maintained legibly in English or Hindi..

(3) All the registers and other records shall be preserved in original for a period of three calendar 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 Commissioner of Labour, Jharkhand or any other authority under the Act, or any person authorised in that behalf by the State Government.

(5) Where no deduction or fine has been imposed or no overtime has been worked 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 Form XIX, XX and XXI respectively.

54. Display of an abstract or the Act and the Rules – Every contractor shall display an abstract of the Act and the rules in English and Hindi and in the language spoken by majority of migrant workmen in such form as may be approved by the Commissioner of Labour, Jharkhand.

55. Notices – (1) (i) Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and address of the Inspectors having jurisdiction and the date of payment of unpaid wages, shall be displayed in English and in Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and worksites by the Principal Employer or the contractor, as the case may be.

(ii) 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 charges 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. Note – Half-year for the purpose of this rule means “a period of six months commencing from 1st January and 1st July 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 15th February following the end of the year to which it relates.

57. (1) The Commissioner of Labour, Jharkhand or the District Magistrate 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.

(2) Any person called upon to furnish the information under sub-rule (1) shall be legally bound to do so.

CHAPTER VII

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 or authority under section 20 of the Minimum Wages Act, 1948 or appropriate Labour Court under section 33C (2) of the Industrial Disputes Act, 1947 or Commissioner for Workmen’s Compensation Act, 1923, in which the migrant workman or his legal heir is a part, the specified authority concerned, if he is satisfied, may with the prior approval of the Commissioner of Labour, Jharkhand 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 VIII

59. Powers of Inspectors – An Inspector shall, for the purposes of giving effect to the Provisions of the Act and these rules also have powers to do all or any of the following acts: -

(1) enter into any premises, at all reasonable hours, with such assistants, if any, being persons in the service of the Government or any local or other public authority, which he has reasons to believe is under the use or occupation of any contractor for the purposes of recruitment, supply and transportation of inter-state migrant workmen; and-

(a) seize or make copies of or take extracts from any accounts, papers, books, registers or other documents maintained therein in connection with the recruitment and supply of such workmen;

(b) examine and record the statement of any person found in any such premises or places for the purpose of satisfying himself whether the provisions of Act and these rules are compiled with:

(2) enter into any premises, at all reasonable hours, with such assistants, if any, being persons in the service of the Government or any local or other public authority, which he has reasons to believe that any Inter-State Migrant Workmen are present whether on transit en-route to their place of work or halting during the night or waiting for their transportation to another State and examine any person found therein and record his statement for satisfying himself that the provisions of the Act and Rules are being compiled with;

(3) requires the owner or driver of any transport vehicle to cause the vehicle to stop and remain stationary so long as may be necessary for examining whether any Inter-State Migrant Workmen are being carried in the vehicle, examine any such workmen found therein as regard his recruitment and destination, etc. and to take on the spot or otherwise statements of any person which he may consider necessary for ascertaining the name and address of the contractors, the destination of the Inter-State Migrant Workmen and the name and address of the establishment in which he or she is proposed to be employed and also if the provisions of the Act and these rules have been compiled with before the recruitment his made;

(4) to prosecute, conduct or defend before any Court, any complaint or other proceedings arising under the Act or these rules or in discharge of his duties as an Inspector;

(5) to have a person residing in any State other than the State in which an Offence under the Act or these rules has been committed examined through an Inspector in that State and to obtain & record of such examination; and

(6) required any person found incharge of a contractor establishments or Inter-State Migrant Workmen to give any information which is in his power to give the names and addresses of the Inter-State Migrant Workmen, the names and address of the contractor and the name and addresses of the establishments for which the workmen have been or are to be recruited and to produce any papers, accounts, books or documents which may be in his possession with regard to the recruitment or transportation of such workmen.

60. Every Principal employer and every contractor, including the Managers or Agents of such principal employers and contractors shall afford all reasonable facilities to the inspectors under the Act for making any entry, inspection, examination or enquiry etc. for securing the compliance of the Act and these rules.

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. Names and addresses f the directors/individual partners, etc. (in case of companies and firms).

5. Full name and address of the Manager or person responsible for supervision and control of the establishment.

6. Nature of work carried on in the establishment.

7. Particulars of contractors and migrant workmen –

(a) Names and address 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) Estimated date of commencement of work under each contractor.

(e) Estimated date of termination of employment of migrant workmen under each contractor.

8. Particulars of the Treasury Challan (enclose number and date or Treasury, Challan, name of the Treasury and amount). I hereby declare that the particulars given above are true to the best of my knowledge Signature with designation of the Principal Employer Seal and Stamp.

Office of the registering Officer Date of receipt of the application with Treasury Challan...............................................................................................................

FORM II

[SEE RULE (1)]

CERTIFICATE OF REGISTRATION

No........................................ Date...................................

GOVERNMENT OF JHARKHAND

OFFICE OF THE REGISTERING OFFICER

A certificate of Registration containing the following particulars is hereby granted under clause (a) of sub- section (2) or section 4 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the rule made thereunder to.....................................

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 case of individuals).

4. Names and address of the directors/individual partners, etc. (in case of companies and firms).

5. Full name and address of the Manager or the person responsible for the supervision and control of the establishment.

6. Nature of work carried in the establishment.

7. Names and address of contractors.

8. Nature of work for which migrant workmen are to be employed are employed.

9. Maximum number of migrant workmen to be employed on any day throughout each contractor.

10. Other particulars relevant to the employment of migrant workmen: - (i) (ii) Signature of the Registering officer with Seal

FORM III

[SEE RULE 4(2)]

REGISTER OF ESTABLISHMENTS

Serial No.

Registration no And date.

Name, address Including Postal (address) and location of the establishment registered.

Full name and address of the Principal Employer Name and address of the Directors partners of the establishments.

Full name and address of the Manager of the person responsible for Type of business trade, industry manufacture or occupation which is Maximum number of migrant workmen directly employed on any day.

Name and address of the contractor.

FORM IV

[SEE RULE 7(1)]] Application for License for Recruitment

1. Name and address of the contractor (including his 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 work in which migrant workmen are employed or are to be employed in the establishment;

(b) Duration of the proposed contract work (give particulars of the proposed date of commencing and ending);

(c) Name and address of the agent or manager of the contractor at worksite;

(d) Maximum number of migrant workman proposed to be employed in the establishment on any date;

(e) Names and addresses of the Director/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. the supervision and control of the establishment carried on in the establishment.

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 employment of migrant workmen.

Remarks.

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 and the name and address of the Licensing Officer making 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 licence fee paid (No. and date of Treasury Challan, name of the Treasury and amount).

10. Amount of security deposit, if any (No. and date of Treasury Challan and amount). Declaration ---- I hereby that the details given above are correct to the best of my knowledge. Place...........................

Date............................

Signature of the Applicant (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/security deposit. Signature of the Licensing Officer

FORM V

[SEE RULE 7(2)] Application for Licence for Employment

1. Name and address of the contractor (including his 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; (Furnish the name of father/husband in case of individuals).

4. Particulars of migrant workmen-

(a) Nature of work in which migrant workmen are employed or are to be employed in the establishment;

(b) Duration of the proposed contract work (give particulars of the proposed date of commencing and ending);

(c) Name and address of the agent or manager of the contractor at worksite;

(d) Maximum number of migrant workman proposed to be employed in the establishment on any date;

(e) Names and addresses of the Director/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.

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 and the name and address of the Licensing Officer making 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 licence fee paid (No. and date of Treasury Challan/ name of the Treasury and amount).

10. Amount of security deposit, if any (No. and date of Treasury Challan and amount). Declaration ---- I hereby that the details given above are correct to the best of my knowledge. Place...........................

Date............................

Signature of the Applicant (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/security deposit. Signature of the Licensing Officer

FORM VI

[SEE RULE 7(3)] For of certificate by Principal Employer Certified that I have engaged or intend to engage 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 and the Jharkhand Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1980 in so far as the provisions are applicable to me in respect of the employment of migrant workmen by the applicant in my establishment. Place...................

Date....................

Signature with designation of Principal Employer Name and address of Establishment.

FORM VII

[SEE RULE 10(2)] Application for adjustment of Security Deposit Name and address of the contractor No. and date of application for fresh licence.

No. of previous licence and the date of expiry thereof.

Whether the previous licence of the contractor was suspended or revoked.

No. and date of the Treasury Challan along with the name of treasury security deposit in respect of the previous licence.

Amount of previous security deposit Amount of security deposit for the fresh licence.

No. and date of Treasury Challan, name of Treasury and amount of the balance security deposit deposited with the fresh application.

No. and date of certificate the establishment in relation to which the fresh licence is applied for.

Name and address of the principal employer.

Particulars of fresh application Remarks Place......................

Date......................

Signature of applicant

FORM VIII

[SEE RULE 11(1)]

GOVERNMENT OF JHARKHAND

Office of the Licensing Officer Licence no................................................ Date.................................................. Fee paid Rs............................ Licence for recruitment A licence containing the following particulars is hereby granted to.............................. (name of the contractor) under section 8(1)(a) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 subject to the conditions specified in the Annexure.

2. This licence is for recruitment of any person in the State of Jharkhand for the purpose of employing him in any establishment situated in another state.

3. The licence shall remain in force till...........................................

PARTICULARS

(a ) Name and address of the contractor (including his father’s/ husband’s name in case of individual

(b) Name and address of the agent or manager of the Contractor at work site.

(c) Name and address of the Principal Employer of the Contractor.

(d) Name and address of the establishment (including name of State and District with full address) where the migrant workmen are proposed to be employed.

(e) Maximum number of migrant workmen proposed to be recruited for employment in the establishment on any date.

(f) Nature of work in which migrant workmen are to be employed.

(g) Type of business, trade, industry, manufacture or occupation which is carried on this establishment.

(h) Particulars of migrant workmen – i. Place where migrant workmen are to be recruited (including name of the Police-Station and District with full address).

ii. Duration of the proposed contract work in which the recruited migrant workmen are to be employed. iii. Any other particulars relevant to the employment of migrant workmen. Signature and Seal of the Licensing Officer

RENEWAL

(SEE RULE 14) Date of renewal Fee paid for renewal Date of expiry Date..................

Signature and seal of the Licensing Officer

ANNEXURE

The Licence is subject to the following conditions: -

(1) The licence shall be non- transferrable.

(2) The number of migrant workmen recruited for employment in the establishment shall not, on any day, exceed the maximum number specified in this licence.

(3) Save as provided in these rule, the fee paid for the grantor, renewal of licence as the case may be 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 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 case where the migrant workmen recruited for employment 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 rate, holidays, hours of work and other conditions of service of the migrant workman of the contractor shall be 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 case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner of Labour, Jharkhand whose decision shall be final.

(b) Male and female migrant workmen shall be paid equal wages for equal work.

(c) In other cases the wage rates, holidays, hours of work and other 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 workmen shall be employed by any contractor before 6 AM or after 7 PM: Provided that this clause shall not apply to the employment of female migrant workmen 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 premised where the migrant workmen are employed.

FORM VIII-A

[See RULE 11(1)]

GOVERNMENT OF JHARKHAND

Office of the Licensing Officer Licence no.................................. Date...................................................... Fee paid Rs.. ...................................... Licence for employment A Licence containing the following particulars is here by granted to.............................................. (name of the contractor) under section 8(1) (b) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service Act, 1979 subject to conditions specified in the Annexure).

2. This licence is for employment of any person from any other State for execution of any establishment in the State of Jharkhand.

3. The licence shall remain in force till................................................................

PARTICULARS

(a) Name and address of the contractor (including his father’s/husband’s name in case of individuals).

(b) Name and address of the agent or manager of the contractor at work site.

(c) Name and address of the Principal Employer of the contractor.

(d) Name and address of the establishment (including name of State and District with full address) where the migrant workmen are proposed to be employed.

(e) Maximum no of migrant workmen proposed to be employed in establishment on any date.

(f) Nature of work in which migrant workmen are employed or are to be employed.

(g) Type of business, trade, industry, manufacture or occupation which is carried on n the establishment.

(h) Particulars of migrant workmen – i. Place from where migrant workmen have been recruited for employment (including name of the State and District with full address).

ii. Duration of the proposed contract work in which the migrant workmen are employed or are to be employed.

iii. Any other particulars relevant to the employment of migrant workmen. Signature and Seal of the Licensing Officer

RENEWAL

(See RULE 14) Date of renewal Fee paid for renewal Date of expiry Date..................

Signature and Seal of the Licensing Officer

ANNEXURE

The licence is subject to the following conditions: -

(1) The licence shall be non- transferrable.

(2) The number of migrant workmen employed as migrant workmen in the establishment shall not, on any day, exceed the maximum number specified in this licence.

(3) Save as provided in these rule, the fees paid for the migrant, or as the case may be, for renewal of licence shall be non-refundable.

(4) The rate of wages payable to the migrant workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages act, 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 case where the migrant workmen recruited for employment 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 rate, holidays, hours of work and other conditions of service of the migrant workman of the contractor shall be 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 case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner of Labour, Jharkhand whose decision shall be final.

(b) Male and female migrant workmen shall be paid equal wages for equal work.

(d) In other cases the wage rates, holidays, hours of work and other 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 workmen shall be employed by any contractor before 6 AM or after 7 PM: Provided that this clause shall not apply to the employment of female migrant workmen 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 premised where the migrant workmen are employed.

FORM VIII-B

[See RULE 11(3)] Register of Licenses issued to contractors Serial no. Licence no. and date.

Section of the Act under which the licences have been issued.

Name and address of the contractor.

Name and address of the agent or manager of the contractor at work site.

Name and address of the Principal Employer of the contractor.

Maximum number of migrant workmen proposed to be recruited/employed on any day through the contractor.

Nature of work in which migrant workmen are to be recruited or employed.

Duration of the proposed contract work in which migrant workmen are employed or are to be employed.

Remarks

FORM IX

[See RULE 14(2)] Application for Renewal of licence

1. Name and address of the contractor (including his father’s/husband’s name in case of individuals).

2. Date of birth and age (in case of individuals)..

3. Number and date of the licence.

4. Date of expiry of the previous licence.

5. Whether the licence of the contractor was suspended or revoked.

6. 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;

7. Particulars of migrant workmen-

(a) Nature of work in which migrant workmen are employed or are to be employed in the establishment;

(b) Duration of the proposed contract work (give particulars of the proposed date of commencing and ending);

(c) Name and address of the agent/manager of the contractor at work-site;

(d) Maximum number of migrant workman proposed to be employed in the establishment on any date;

(e) Names and addresses of the Director/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;

(g) Number and date of the Treasury Challan enclosed, Name of Treasury and the amount: - Place – Date – Signature of the applicant (To be filled in the office of the Licensing Officer) Date of receipt of application with Treasury Challan.

Signature of the Licensing Officer

FORM X

[See RULE 21(1)]] [Form in which to furnish particulars in respect of recruitment and employment of migrant workmen as prescribed under sub- Rule (1) of Rule 21, to the authorities specified under the explanation below sub-section (2) of section 12 of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979.]

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 – Sl. No. Name of migrant workmen name Sex Age Permanent home address Name and address of the next of kin of the migrant workmen.

Place and address of residence in the home State Amount 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 rate of wages and other allowances payable Period of contract of employment Details of other service conditions Remarks Signature of contractor or his authorised representative Date....................................

Submitted to (Specified authority in the State in which migrant workman/workmen is/are employed). (Specified authority in the State in which migrant workman/workmen has/have been recruited). Copy forwarded to (The Principal Employer) Signature of contractor or his authorised representative Date............................................

Note: In case where migrant workmen concerned have been recruited for more than one State, separate returns shall be submitted in respect of such State.

FORM XI

(See RULE 24) [Returns to be sent by the Contractor to the authorities specified under explanation below sub-section (2) of section 12 of Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979.]

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. ..................................... Serial no. Name of the migrant workmen.

name Sex Designation Age Permanent home address indicating the State.

Place and residence in home State.

Date of employment Date on which ceased to be employed Total days worked Details of rates of wages and other allowances paid Amount of displacement allowance paid.

Amount of outward journey allowances and wages for outward journey period paid.

Amount of return journey allowance and wages for return journey period paid.

Total wages paid. Details of compensation and other allowances.

Amount of deductions, if any Amount of advance, if any paid Amount of advance, if any received.

Remarks

DECLARATION

I/We hereby declare that all wages, other dues including displacement allowances, outward and return journey 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.

Signature of contractor or his authorised representative Place.....................................

Date.....................................

Submitted to (Specified authority in the State in which migrant workman/workmen is/are employed). (Specified authority in the State in which migrant workman/workmen has/have been recruited). Copy forwarded to- (The Principal Employer) Signature of contractor or his authorised representative Date............................................

Note: In case where migrant workmen concerned have been recruited for more than one State, separate returns shall be submitted in respect of such State.

FORM XII

(See RULE 48) Register of Contractors

1. Name and address of the Principal Employer ....................................................................................

2. Name and address of the establishment .................................................................................... Name and address of the contractor.

Nature of work on contract.

Location of contract work.

Period of contract From To Maximum number of migrant workmen employed by contractor.

FORM XIII

(SEE RULE 49) Register of workmen employed by contractor Name and address of contractor............................................ Name and address of establishment in/under which migrant workmen are employed.

Name and address of the establishment................................. Name and address of the Principal Employer Serial no. Name and surname of migrant workmen.

Age and sex.

name.

Nature of Permanent home address of migrant workmen (village and and district.) Local address Date of commencement of employment.

Signature or thumb impression of migrant workman.

Date of termination of employment.

Reasons for termination.

Remarks.

Signature of the contractor his authorised representative

FORM XIV

(SEE RULE-50) (Service Certificate) Name and address of contractor........................................ Name and address of establishment in under which Migrant workmen are employed.......................

Nature and location of work................................................ Name and address of the migrant workman.................................... Name and address of Principal Employer