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;
21
(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.
22 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 subsection (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.
1 2 3 4 5 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.
23 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.
6 7 8 9 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.
10 11 12 13 24
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).
25
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 26 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.
1 2 3 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.
4 5 6 7 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.
8 9 10 27 Particulars of fresh application Remarks 11 12 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 28 RENEWAL (SEE RULE 14) Date of renewal Fee paid for renewal Date of expiry 1 2 3 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 nonrefundable
(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.
29 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 1 2 3 Date..................
Signature and Seal of the Licensing Officer 30 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.
31 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.
1 2 3 4 5 6 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 7 8 9 10 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;
32
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 – 33 Sl. No. Name of migrant workmen Father’s/Husband’s name Sex Age Permanent home address Name and address of the next of kin of the migrant workmen.
1 2 3 4 5 6 7 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 8 9 10 11 12 13 Date of employment Details of rate of wages and other allowances payable Period of contract of employment 14 15 16 Details of other service conditions Remarks Signature of contractor or his authorised representative Date....................................
Submitted to
(1)...........................................
...................................................
(Specified authority in the State in which migrant workman/workmen is/are employed).
(2).............................................
..............................................
(Specified authority in the State in which migrant workman/workmen has/have been recruited).
Copy forwarded to ..............................................................
(The Principal Employer) 34 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.
Father’s/husband’s name Sex Designation Age 1 2 3 4 5 6 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 7 8 9 10 11 12 35 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.
13 14 15 16 17 Amount of deductions, if any Amount of advance, if any paid Amount of advance, if any received.
Remarks 18 19 20 21 36 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
(1)..................................................
..................................................
(Specified authority in the State in which migrant workman/workmen is/are employed).
(2).............................................
..............................................
(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.
37 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.
1 2 3 4 5 6 38 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.
Father’s/husband’s name.
Nature of employment/designation.
Permanent home address of migrant workmen (village and Tehsil/Taluk and district.)
Local address 1 2 3 4 5 6 7 Date of commencement of employment.
Signature or thumb impression of migrant workman.
Date of termination of employment.
Reasons for termination.
Remarks.
8 9 10 11 12 Signature of the contractor his authorised representative 39 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 .........................................