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The Inter-State Migrant Workers (Regulation of Employment and Conditions of Service) (Punjab) Rules, 1983

Published vide Notification Government of Punjab, Department of Labour and Employment Notification No. G.S.R. 45/C.A. 30/79/Section 35/83, dated the 20th April, 1983.

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chapter 1

(a) "Act" means the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;

(b) "appellate officer" means an appellate officer nominated by the State Government under section 11;

(c) "Form" means a form appended to these rules;

(d) "Inspector" means an Inspector appointed by the State Government under Section 20;

(e) "Labour Commissioner" means an officer appointed as such by the State Government;

(f) "Licensing Officer" means the Licensing Officer appointed by the State Government under section 7;

(g) "migrant workman" means an inter-State migrant workman as defined in section 2;

(h) "Registering Officer" means the registering officer appointed by the State Government under section 3;

(i) "Section" means a section of the Act;

(j) "State Government" means the Government of the State of Punjab.

chapter II

(a) an amount higher than the amount already paid by the principal employer as fee for the registration of the establishment is payable, he shall require such principal employer to deposit a sum which together with the amount already paid by him, would be equal to such higher amount of fee payable for the registration of the establishment and to produce receipt showing such deposit;

(b) there has occurred a change in the particulars of establishment, as entered in the register in Form III he shall amend the said register and record therein the change thus occurred :

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

(a) Whether the applicant -

(i) is a minor, or

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

(iii) is an undischarged insolvent, or

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

(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 years has elapsed from the date of that order;

(c) Whether the fee for the application has been deposited at the rates specified in rule 12; and

(d) Whether security, wherever necessary, has been deposited by the applicant at the rate specified in sub-rule (1) of rule 10.

(ii) The order shall contain the reasons for the refusal and shall be communicated to the applicant.

(i) the terms and conditions of the agreement or other arrangement under which the migrant workman is recruited or employed;

(ii) the maximum number of migrant workmen to be recruited for employment or to be employed on any day;

(iii) that the rates of wages payable to the migrant workmen by the contractor shall not be less than the rate fixed under the Minimum Wages Act, 1948 for such employment and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed;

(iv)(a) that in cases where the migrant workmen recruited or employed by the contractor perform the same or similar kind of work performed by the workmen employed directly by the principal employer of the establishment, then the wage rates, holidays, hours of work and other conditions of service of the migrant workmen of the contractor shall be the same as applicable to the workmen employed directly by the principal employer of the establishment on the same or similar kind of work;

(b) that in other cases, the wages rates, holidays, hours of work and condition of service of the migrant workmen recruited or employed by the contractor shall be such as are prescribed in the rules;

(v) every migrant workman shall be entitled to allowances, benefits, facilities, etc. as specified in the Act and in these rules;

(vi) that no female migrant workman shall be employed by any contractor to work before 6 a.m. or after 7 p.m :

(vii) that the contractor shall notify any change in the number of migrant workmen or the conditions of work to the licensing officer;

(viii) that the contractor shall comply with all the provisions of the Act and the rules made thereunder;

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

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

(ii) On the applicant depositing the requisite amount, the licence shall be amended according to the orders of the licensing officer.

(ii) If the licensing officer is satisfied that there is no breach of the conditions of licence or there is no order under section 10 of the forfeiture of security or any portion thereof he shall direct the refund of the security to the applicant.

(ii) The memorandum shall be accompanied by a certified copy of the order against which appeal has been preferred and a crossed demand draft for twenty-five rupees drawn on any Scheduled Bank in favour of the appellate officer.

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

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

(ii) The order of the appellate officer shall state the points for determination, decisions thereon 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 preferred.

chapter III

Duties of the Contractor

(a) termination of service before the expiry of the period of employment for any reason whatsoever;

(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 workman; and

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

(a) the date of recruitment;

(b) the date of employment;

(c) total attendance or unit of work done (in respect of piece- rated migrant workman), total wages earned, deductions, if any made, net amount paid and signatures of contractor or his duly authorised representative with date (these entries shall be made separately in respect of each wage period) within three days from the date of payment; and

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

(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

chapter IV

Wages

chapter V

Medical and other facilities to be provided to migrant workmen

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

(i) six small sterilized dressings;

(ii) three medium size sterilized dressings;

(iii) three large size sterilized dressings;

(iv) three large size sterilized burn dressings;

(v) one (30 ml) bottle containing two per cent alcoholic solution of iodine;

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

(vii) one snake-bite lancet;

(viii) one (30 mgs.) bottle of potassium parmanganate crystals;

(ix) one pair of scissors;

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

(xi) one bottle containing 100 tablets (each of 5 grains) of aspirin;

(xii) ointment for burns; and

(xiii) One 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 equipment :-

(i) twelve small sterilized dressings;

(ii) six medium size sterilized dressings;

(iii) six large size sterilized dressings;

(iv) six large size sterilized burn dressings;

(v) six (15 gms.) packets sterilized cotton wool;

(vi) one (80 ml.) bottle containing two per cent alcoholic solution iodine;

(vii) one (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label;

(viii) one roll of adhesive plaster;

(ix) one snake-bite lancet;

(x) one (30gms.) bottle of pottasium parmanganate crystals.

(xi) one pair of scissors;

(xii) one copy of the first-aid leaflet issued by the Director General, Factory Advisory Service and Labour Institute, Government of India;

(xiii) one bottle containing 100 tablets (each of 5 grains) of aspirin;

(xiv) ointment for burns; and

(xv) One bottle of suitable surgical antiseptic solution.

(ii) The floor shall be made of smooth and impervious material and inside walls shall be lime-washed or colour washed at least once in each year :

(ii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance.

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

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

(ii) The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition.

(ii) A service counter, if provided, shall have top of smooth and imprevious material.

(iii) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.

(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 interest on the amounts spent on the provision and maintenance of furniture and equipment provided for in the canteen.

(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 25 males :

(ii) The notice shall also bear the figure of a man or of a woman, as the case may be.

(ii) Latrines and urinals other than those connected with a flush sewerage system shall comply with the requirements of the public health authorities.

(i) in case he is accompanied by any other member of his family a suitable quarter consisting of minimum one room having at least a floor area of ten square meters, a verandah and adequate additional covered space for cooking food as well as one common sanitary latrine, and 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 each such migrant workman 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 such migrant workmen;

chapter VI

Registers and Records Collection of Statistics

(a) muster roll;

(b) register of wages;

(c) register of deductions;

(d) register of fines;

(e) register of overtime;

(f) register of advances.

(a) Every contractor shall maintain a muster roll register and a register of wages in Forms XVII and XVIII, respectively;

(b) Signatures or thumb-impression of every migrant workman on the register of wages shall be obtained and entries therein shall be authenticated by the contractor or his duly authorised representative and duly certified by the authorised representative of the principal employer as required by rule 35;

(c) Register of deduction for damage of loss, register of fines and register of advances shall be maintained by every contractor in Forms XIX, XX and XXI, respectively;

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

(ii) The notices shall be correctly maintained in a clean and legible condition.

Note. - Half year for the purpose of this rule means "a period of six months commencing from 1st January, and 1st July, every year."

chapter VII

Legal aid to migrant workman

Form I

[See rule 3(1)]

Application for registration of establishment employing migrant workmen

(a) Names and addresses of contractors.

(b) Nature of work for which migrant workmen are to be recruited or are to be 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.

Principal Employer

(Seal and Stamp)

Office of the Registering Officer

Form II

[See rule 4(1)]

Certificate Of Registration

Government Of Punjab

Date _____________________

Office of the Registering Officer

Signature of Registering Officer with seal.

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Form III

[See rule 4(2)]

Register of Establishments

Form IV

[See rule 7(1)]

Application For Licence For Recruitment

(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

(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 proposed date of commencing and ending)

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

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

(e) Names and addresses of the directors/partners (in case of companies and firms)

(f) Names and address(es) of the person(s) incharge of and responsible to the company/firm for the conduct of the business of the company/firm as the case may be

Declaration

(Contractor)

Note. - The application should be accompanied by a crossed demand draft showing the payment of the prescribed licence fee and security deposit, if any, and a certificate in Form V from the Principal employer.

Signature of Licensing Officer.

Form V

[See rule 7(2)]

Application For Licence For Employment

(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

(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 proposed date of commencing and ending)

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

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

(e) Names and addresses of the directors/partners (in case of companies and firms)

(f) Name and address(es) of the person(s) incharge of and responsible to the company/firm for the conduct of the business of the company/firm as the case may be

Declaration

(Contractor)

Note. - The application should be accompanied by a crossed demand draft showing the payment of the prescribed licence fee and security deposit, if any, and a certificate in Form V from the Principal employer.

Signature of Licensing Officer.

Form VI

[See rule 7(3)]

Form Of Certificate By Principal Employer

Name and address of establishment.

Form VII

[See rule 10(2)]

Signature of the applicant

Form VIII

[See rule 11(1)]

Government of Punjab

Office of Licensing Officer

Licence No.                        Date                         Fee paid Rs.______________

Licence

Signature and seal of Licensing Officer

Renewal

(See rule 14)

Annexure

(b) 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.

Form IX

[See rule 14(2)]

Application for Renewal of Licence

(To be filled in the office of the Licensing Officer)

Signature of the Licensing Officer

(See rule 21)

Particulars in respect of recruitment and employment of migrant workmen.

Signature of Contractors or his authorised representatives

Signature of the Contractor or his authorised representative.

Note. - In case where migrant workmen concerned have been recruited from more than one State, separate return shall be submitted in respect of each such State.

Form XI

(See rule 24)

Return in respect of migrant workmen who ceased to be employed.

Declaration

Signature of the Contractor or his authorised representative

Signature of the Contractor or his authorised representative.

Form XII

(See rule 48)

Register of Contractors

Form XIII

(See rule 49)

Register of migrant workmen employed

Signature of Principal Employer/

Contractor or his authorised representative

Form XIV

(See rule 50)

Service Certificate

Signature of Contractor or his authorised representative

Form XV

[See rule 51(1)]

Displacement and Outward Journey Allowances Sheet

Note :- Indicate separately different modes of journey. Entries are to be made against each individual migrant workman.

Signature of the Contractor or his authorised representative

Form XVI

[See rule 51(1)]

Return Journey Allowance Register

Note :- Entries are to be made against each individual inter-State migrant workman.

Signature of the Contractor or his authorised representative

Form XVII

[See rule 52(2)(a)]

Muster Roll

Form XVIII

[See rule 52(2)(a)]

Register of Wages

Form XIX

[See rule 52(2)(c)]

Register of deductions for damage or loss

Form XX

[See rule 52(2)(c)]

Register of Fines

Form XXI

[See rule 52(2)(c)]

Register of Advances

Form XXII

[See rule 52 (2)(d)]

Register of Overtime

Form XXIII

[See rule 56(1)]

Return to be sent by the Contractor to the Licensing Officer

Half-Year Ending...............................................

(a) the establishment of the principal employer had worked _____________________

(b) the contractor's establishment had worked _______________________

(ii) (a) Whether weekly holiday observed and on what day

(b) If so, whether it was paid for;

(iii) Number of man-hours of overtime worked.

Note :- Wages shall not include wages for periods of outwards and return journeys.

(i) Residential accommodation;

(ii) Protective clothing;

(iii) Canteen;

(iv) Rest-Room;

(v) Latrine and Urinals;

(vi) Drinking Water;

(vii) Creche;

(viii) Medical facilities;

(ix) First Aid;

Signature of Contractor

Form XXIV

[See rule 56(2)]

Annual Return of Principal Employer to be sent to the Registering officer

(a) District;

(b) Postal address

(c) Nature of operation/industry work carried on

Principal Employer

Annexure To Form

(i) Residential accommodation;

(ii) Protective clothing;

(iii) Canteen;

(iv) Rest-Room;

(v) Latrine and Urinals;

(vi) Drinking Water;

(vii) Creche;

(viii) Medical facilities;

(ix) First Aid;

Signature of Contractor