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

(1) This Act may be called the Inter-StateMigrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint: Provided that if the Central Government considers it necessary or expedient so to do in the publicinterest, it may postpone or relax, to such extent as may be specified in such notification, the operation ofall or any of the provisions of this Act in any State or States for such period not extending beyond oneyear from the date on which this Act comes into force. (4) It applies-- (a) to every establishment in which five or more inter-State migrant workmen (whether or not inaddition to other workmen) are employed or who were employed on any day of the preceding twelvemonths; (b) to every contractor who employs or who employed five or more inter-State migrant workmen(whether or not in addition to other workmen) on any day of the preceding twelve months.

(1) In this Act, unless the context otherwise requires,-- (a) "appropriate Government" means,-- (i) in relation to-- (1) any establishment prtaining to any industry carried on by or under the authority ofthe Central Government or pertaining to any such controlled industry as may be specifiedin this behalf by the Central Government; or (2) any establishment of any railway, Cantonment Board, major port, mine or oil-field; or (3) any establishment of a banking or insurance company, the Central Government; (ii) in relation to any other establishment, the Government of the State in which thatother establishment is situated; (b) "contractor", in relation to an establishment, means a person who undertakes (whether as anindependent contractor, agent, employee or otherwise) to produce a given result for the establishment,other than mere supply of goods or articles of manufacture to such establishment, by the employmentof workmen or to supply workmen to the establishment, and includes a sub-contractor, Khatadar,Sardar, agent or any other person, by whatever name called, who recruits or employs workmen; (c) "controlled industry" means any industry the control of which by the Union has been declaredby any Central Act to be expedient in the public interest; (d) "establishment means-- (i) any office or department of the Government or a local authority; or (ii) any place where any industry, trade, business, manufacture or occupation is carried on; (e) "inter-State migrant workman" means any person who is recruited by or through a contractorin one State under an agreement or other arrangement for employment in an establishment in anotherState, whether with or without the knowledge of the principal employer in relation to suchestablishment; (f) "prescribed" means prescribed by rules made under this Act; (g) "principal employer" means,-- (i) in relation to any office or department of the Government or a local authority, the head ofthat office, department or authority or such other officer as the Government or the local authority,as the case may be, may specify in this behalf; (ii) in relation to a factory, the owner or occupier of the factory and where a person has beennamed as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person sonamed; (iii) in relation to a mine, the owner or agent of the mine and where a person has been namedas the manager of the mine, the person so named; (iv) in relation to any other establishment, any person responsible for the supervision andcontrol of the establishment. Explanation.--For the purposes of sub-clause (iii) of this clause, the expressions "mine","owner" and "agent" shall have the meanings respectively assigned to them in clause (j), clause (l)and clause (c) of sub-section (1) of section 2 of the Mines Act,1952 (35 of 1952); (h) "recruitment" includes entering into any agreement or other arrangement for recruitment andall its grammatical variations and cognate expressions shall be construed accordingly; (i) "wages" shall have the meaning assigned to it in clause (vi) of section 2 of the Payment ofWages Act, 1936 (4 of 1936); (j) "workman" means any person employed in or in connection with the work of anyestablishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clericalwork for hire or reward, whether the terms of employment be express or implied, but does not includeany such person-- (i) who is employed mainly in a managerial or administration capacity; or (ii) who, being employed in a supervisory capacity, draws wages exceeding five hundredrupees per mensem, or exercises, either by the nature of the duties attached to the office or byreason of the powers vested in him, functions mainly of a managerial nature. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area,be construed as a reference to the corresponding law, if any, in force in that area.

The appropriate Government may, by order notified in theOfficial Gazette,-- (a) appoint such persons, being officers of Government, as it thinks fit to be registering officersfor the purposes of this Chapter; and (b) define the limits, within which a registering officer shall exercise the powers conferred on himby or under this Act.

(1) Every principal employer of an establishment towhich this Act applies shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class ofthem, make an application to the registering officer, in such form and manner and on payment of suchfees as may be prescribed, for the registration of the establishment: Provided that the registering officer may entertain any such application for registration after theexpiry of the period fixed in that behalf, if the registering officer is satisfied that the applicant wasprevented by sufficient cause from making the application in time. (2) Within one month after the receipt of an application for registration under sub-section (1), theregistering officer shall,-- (a) if the application is complete in all respects, register the establishment and issue to theprincipal employer of the establishment a certificate of registration in the prescribed form; and (b) if the application is not so complete, return the application to the principal employer of theestablishment. (3) Where within a period of one month after the receipt of an application for registration of anestablishment under sub-section (1), the registering officer does not grant under clause (a) ofsub-section (2) the certificate of registration applied for and does not return the application underclause (b) of that sub-section, the registering officer shall, within fifteen days of the receipt of anapplication in this behalf, from the principal employer, register the establishment and issue to theprincipal employer a certificate of registration in the prescribed form.

If the registering officer is satisfied, either on areference made to him in this behalf or otherwise, that the registration of any establishment has beenobtained by misrepresentation or suppression of any material fact or that for any other reason, theregistration has become useless or ineffective and, therefore, requires to be revoked, the registeringofficer may, after giving an opportunity to the principal employer of the establishment to be heard andwith the previous approval of the appropriate Government, revoke by order in writing the registration andcommunicate the order to the principal employer: Provided that where the registering officer considers it necessary so to do for any special reasons, hemay, pending such revocation, by order suspend the operation of the certificate of registration for suchperiod as may be specified in the order and serve, by registered post, such order along with a statement ofthe reasons on the principal employer and such order shall take effect on the date on which such service iseffected.