Interstate Migrant Workmen Act 1979

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

Act, 1979

Background and Introduction

The employment system of interstate migrant labour was an exploitative system

prevalent more or less in all over India. It was rampantly institutionalized in Orissa and in some
other states. In Orissa the migrant labour (called dadan labour locally) through contractors or
agents (called Sardars / Khatedars) are sent for work outside the state in large construction
projects. This system lends itself to various abuses. Sardar promising at the time of recruitment
that wages would be calculated on piece rate basis would not be settled every month as
promised. Once the worker came under clutches of the contractor, he took him to a far-off place
on payment of railways fare only. No working hours were fixed for interstate migrant workers
and they had to work on all the days in a week under extremely bad working conditions.

This Act makes provision for availing with the onsite services of interstate workers by
the contractors / establishments to overcome only the temporary shortage of required skilled
workers in a state. The purpose of this act is not to encourage interstate migration of workers
against the interests of local workers as the principal employers would have to incur more cost
in deploying interstate workers.

Objective

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of

Service) Act, 1979 was enacted to regulate the condition of service of inter-state labourers in
Indian labour law. The Act's purpose is to protect workers whose services are requisitioned
outside their native states in India. Whenever an employer faces shortage of skills among the
locally available workers, the act creates provision to employ better skilled workers available
outside the state.

Section 1. Short title, extent, commencement and application:

(1) This Act may be called the Inter-State Migrant 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 date as the Central Government may, by notification in
the Official Gazette, appoint:
Provided that if the Central Government considers it necessary or expedient so
to do in the public interest, it may postpone or relax, to such extent as may be specified
in such notification, the operation of all or any of the provisions of this Act in any State
or States for such period not extending beyond one year from the date on which this
Act comes into force.
Applicability
(4) It applies-
a) to every establishment in which five or more inter-State migrant workmen
(whether or not in addition to other workmen) are employed or who were
employed on any day of the preceding twelve months;
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.

AUTHORITIES APPOINTED UNDER THE ACT:

1. 1.Inspectors (under Section-20)
a. Labour commissioner
b. Additional Labour Commissioner (IR)
c. Additional Labour Commissioner (Enforcement)
d. Joint Labour Commissioner (p)
e. Deputy labour Commissioner (HQ)
f. Regional Joint Labour Commissioners Ekm., Kollam and Kozhikod
g. District Labour Officers (E)
h. Asst. Labour Officers-Grade II
2. Registering Officers (under sec-3)
a. District Labour Officer (HQ)
b. District Labour Officers (E)
3. Appellate Authority (under Section-11)
a. Additio nal Labour Commissioner,(IR)
b. ALC Enforcement
c. Regional joint Labour Commissioners
4. Licensing Officer (under Section - 7)
a. District Labour Officers (E)

Definitions Section 2

"Appropriate Government" means, -

(i) in relation to-
(1) any establishment pertaining to any industry carried on by or under the authority of the
Central Government or pertaining to any such controlled industry as may be specified
in 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 that other
establishment is situated;

WHO IS AN INTER-STATE MIGRANT WORKMAN:

Any person who is recruited by or through a contractor in one state under an agreement
or other arrangement for employment in an establishment in another state whether with or
without the knowledge of the Principle employer. (Section-2e)
REGISTRATION OF ESTABLISHMENTS:
Every principle employer of an establishment to which this Act applies shall make an
application for registration in triplicate in Form No.1 to the registering officer, along with the
Prescribed fees. On receipt of an application, registering officer shall issue a registration
certificate in Form-II based on the specifications stipulated in the Kerala InterState Migrant
Workmen (regulation of employment and conditions of service) Rules 1983 (Section-4 read
with Rules 3, 4 and 12)

Contractor, Controlled Industries, Establishment, Inter-State migrant workman, Principal

Employer, Recruitment, Wage, Workmen.

Rights of interstate workers

In addition to the general labour laws applicable to all workers, the interstate workers
are entitled with
➢ Equal or better wages for the similar nature & duration of work applicable for the local
workmen or stipulated minimum wages under the Minimum Wages Act, 1948
whichever is more,
➢ Displacement allowance (Section 14),
➢ Home journey allowance (Section 15) including payment of wages during the period of
journey,
➢ Suitable residential accommodation and medical facilities free of charge on mandatory
basis.
➢ Termination of employment after the contract period without any liability.
➢ Right to lodge compliant with the authorities within three months of any incident,
accident, etc.
DISPLACEMENT ALLOWANCE:
The contractor shall pay in addition to the wages or other amounts payable to a migrant
workman at the time of recruitment, a displacement allowance equal to 50% of the monthly
wages Payable to him or Rs.75/-whichever is higher. Which shall not be refundable and is an
additional benefit payable by the contractor. (Section-14)

JOURNEY ALLOWANCE:
The contractor shall pay a journey allowance of a sum not less than the fare from them
place of residence of the work man to the place of work to the workman for the outward and
return journeys. The Workman is also entitled to payment of wages during the period of such
journeys as if he were on duty. (Section-15)

Constitutional Provisions
Article 14, Article 15, Article 16, Article 21

PROHIBITION AGAINST EMPLOYMENT OF INTER-STATE MIGRANT

WORKMEN WITHOUT REGISTRATION:
No principle employer shall employ inter-state migrant workmen in the establishment
unless a certificate of registration is obtained under this Act. (Section-6)