(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.
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(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.