Legislating Fair Employment: Exploring the Inter-State Migrant Workers Act of 1979

 INTRODUCTION

The employment system of inter-state migrant workers is rife with exploitation across many states. Contractors, known as Sardars, often recruit laborers from different states and deploy them elsewhere without ensuring basic working conditions. This setup facilitates various forms of abuse. Despite promises made by Sardars during recruitment regarding monthly settlement of wages based on piece-rate calculations, these assurances are frequently unfulfilled.

Interstate migrant workers typically lack literacy, and organization, and often toil in harsh conditions. Given these challenges, both administrative and legislative measures are essential in the states of origin and destination to effectively safeguard them from exploitation.


The Act encompasses the following key provisions:

(i) It applies to establishments with five or more inter-State migrant workers currently employed or hired within the past twelve months, as well as contractors who employ or have employed the same number of inter-state migrant workers during the specified period.

(ii) Employers intending to hire inter-state migrant workers must register their establishments with designated officers appointed by the Central or State Governments. Similarly, contractors seeking to recruit or employ inter-state migrant workers must obtain licenses from authorities in both the worker's home state and the state of proposed employment.

(iii) Contractors must provide detailed information about the workers to the authorities in both the home and host states, using prescribed forms. Additionally, they must issue each employed worker a passbook containing employment details.

(iv) The legislation outlines specific guidelines for the payment of wages to inter-State migrant workers, ensuring they receive wages from the date of recruitment.

(v) Inter-State migrant workers are entitled to displacement and journey allowances, in addition to their wages.

(vi) The Act mandates the provision of various amenities for workers, including suitable residential accommodation, adequate medical facilities, protective clothing suitable for different climatic conditions, and appropriate working conditions considering their migration status.

(vii) Government-appointed inspectors will monitor compliance with the legislation's provisions.

The object of the act

The purpose of the Act is to oversee the employment of inter-state migrant workers and establish provisions for their working conditions and related matters.


REGISTRATION OF ESTABLISHMENTS EMPLOYING INTER-STATE MIGRANT WORKMEN.

Appointment of registering officers.
The appropriate Government may, (a) appoint such persons, being officers of Government, as it thinks fit to be registering officers for the purposes of this Chapter;

Registration of certain establishments.

Every principal employer of an establishment to which this Act applies shall make an application to the registering officer, in such form and on payment of such fees as may be prescribed, for the registration of the establishment. Provided that the registering officer may entertain any such application for registration after the expiry of the period fixed in that behalf if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time.

Within one month after the receipt of an application for registration, the registering officer shall,
(a) if the application is complete in all respects, register the establishment and issue to the principal employer of the establishment a certificate of registration; and

(b) if the application is not so complete, return the application to the principal employer of the establishment.

(c) Where within a period of one month after the receipt of an application for registration of an establishment the registering officer does not grant the certificate of registration applied for and does not return the application the registering officer shall, within fifteen days of the receipt of an application in this behalf, from the principal employer, register the establishment and issue to the principal employer a certificate of registration in the prescribed form.

This provision makes it compulsory for the registering officer if he did not issue a certificate of registration or return the application upon an application of the establishment issue a certificate of registration. Revocation of registration in certain cases. Grounds of revocation The registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that for any other reason, the registration has become useless or ineffective and, therefore, requires to be revoked.

Prohibition against the employment of inter-state migrant workmen without registration.
No principal employer of an establishment to which this Act applies shall employ inter-State migrant workmen in the establishment unless a certificate of registration in respect of such establishment issued under this Act is in force:

LICENSING OF CONTRACTORS

Appointment of licensing officers Sec 7

The appropriate government has the authority to designate individuals as licensing officers responsible for issuing licenses to contractors falling under the scope of this Act. Furthermore, the government may specify the geographical boundaries within which a licensing officer is authorized to exercise their jurisdiction and powers as outlined for licensing officers.

Licensing of contractors Sec 8

Contractors falling under the purview of this Act are prohibited from:

(a) Recruiting individuals in one state for employment in establishments located in another state, unless authorized by a license issued for that purpose: 

(i) If the relevant establishment falls under the jurisdiction of the Central Government, by the licensing officer designated by the Central Government for the area where the recruitment occurs. 
(ii) If the relevant establishment falls under the jurisdiction of the State Government, by the licensing officer appointed by the State Government for the area where the recruitment takes place.

(b) Employing individuals from one state for work in establishments located in another state, whether independently or in addition to local workers, unless authorized by a license: 

(i) If the relevant establishment is under the jurisdiction of the Central Government, by the licensing officer designated by the Central Government for the area where the establishment is situated. 
(ii) If the relevant establishment is under the jurisdiction of the State Government, by the licensing officer appointed by the State Government for the area where the establishment is located.

Grant of Licenses. Sec. 9


Every application for the grant of a license shall be made in the prescribed form and shall contain the particulars regarding a. the location of the establishment, b. the nature of process, operation or work for which inter-State migrant workmen are to be employed The licensing officer may make such investigation in respect of the application received. A license granted shall be valid for the period specified therein and may be renewed from time to time.


DUTIES AND OBLIGATIONS OF CONTRACTORS


Duties of contractors. Sec12

It is incumbent upon every contractor to:

(a) Provide necessary information to the designated authority in both the state of recruitment and the state of employment of an inter-state migrant worker within fifteen days from the date of recruitment or employment, and promptly inform both authorities of any changes in the furnished details.

(b) Issue a passbook to each inter-state migrant worker, containing a passport-sized photograph and details in Hindi and English (or the worker's language if different), including 

(i) Name and location of the employing establishment. 

(ii) Duration of employment. 

(iii) Proposed wage rates and payment methods. 

(iv) Displacement allowance. 

(v) Return fare upon completion of employment or as prescribed. 

(vi) Deductions made. 

(vii) Any other specified particulars.

(c) Submit a report regarding any inter-state migrant worker who ceases employment to the relevant authority in both the state of recruitment and the state of employment. This report 


WAGES, WELFARE, AND OTHER FACILITIES TO BE PROVIDED TO INTERSTATE MIGRANT WORKMEN


Wage rates and other conditions of service of inter-state migrant workmen. Sec13

The wage rates, vacation periods, working hours, and all other employment terms for an inter-state migrant worker shall:

a. Be identical or akin to those of any other worker performing similar tasks in the same establishment, as applicable to such workers. b. Otherwise, be determined by the relevant Government as per regulations.

Under no circumstance shall an inter-state migrant worker receive wages lower than those mandated by the Minimum Wages Act, and the payment to such workers under this provision must be made in cash.

Displacement allowance. Sec14

At the time of recruitment, the contractor must provide every interstate migrant worker with a displacement allowance. This allowance shall amount to fifty percent of the monthly wages due to the worker or seventy-five rupees, whichever is greater. The displacement allowance granted to a worker is non-refundable and is provided on top of the regular wages or any other compensatory amounts owed to the worker.


Journey allowance, etc. Sec15

A journey allowance of a sum not less than the fare from the place of residence of the inter-state migrant workman in his State to the place of work in the other State shall be payable by the contractor to the workman both for the outward and return journeys and such workman shall be entitled to payment of wages during the period of such journeys as if he were on duty.


Other facilities. Sec. 16.

It is the responsibility of every contractor who employs inter-state migrant workers for activities related to an establishment covered under this Act to:

a. Ensure timely payment of wages to these workers.

b. Guarantee equal compensation for equivalent work regardless of gender.

c. Provide appropriate working conditions for these workers, considering that they are employed in a state different from their home state.

d. Offer and maintain suitable housing accommodations for these workers throughout their period of employment.

e. Furnish the necessary medical facilities to these workers as per the prescribed standards, without any charge.

f. Supply the required protective gear to these workers as specified.

g. Notify the designated authorities in both the states and the next of kin of the worker in case of a fatal accident or severe bodily injury to any such worker.

In the case of Damodar Panda v. State of Orissa, authorities from the sending state must be permitted by the receiving state to conduct investigations within the receiving state concerning individuals from the sending state who are employed as migrant laborers in the receiving state.

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