Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Act, 1979
No: 30 Dated: Jun, 11 1979
The Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Act, 1979
(Act No. 30 of 1979)
An Act to regulate the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith.
Be it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:-
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 date1 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.
(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
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “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;
(b) “contractor”, in relation to an establishment, means a person who undertakes (whether as an independent contractor, agent, employee or otherwise) to produce a given result for the establishment, other than mere supply of goods or articles of manufacture to such establishment, by the employment of workmen or to supply workmen to the establishment, and includes a sub-contractor, Khatadar, Sardar, agent or any other person, by whatever name called, who recruits or employs workmen;
(c) “controlled industry” means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;
(d) “establishment” means—
(i) any office or department of the Government or a local authority; or
(ii) any place where any industry, trade, business, manufacture or occupation is carried on;
(e) “inter-State migrant workman” means 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 principal employer in relation to such establishment;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “principal employer” means,—
(i) in relation to any office or department of the Government or a local authority, the head of that office, department or authority or such other officer as the Government or the local authority, as the case may be, may specify in this behalf;
(ii) in relation to a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named;
(iii) in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named;
(iv) in relation to any other establishment, any person responsible for the supervision and control of the establishment.
Explanation.—For the purposes of sub-clause (iii) of this clause, the expressions “mine”, “owner” and “agent” shall have the meanings respectively assigned to them in clause (j), clause (l) and clause (c) of sub-section (1) of section 2 of the Mines Act,1952 (35 of 1952);
(h) “recruitment” includes entering into any agreement or other arrangement for recruitment and all its grammatical variations and cognate expressions shall be construed accordingly;
(i) “wages” shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936);
(j) “workman” means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person—
(i) who is employed mainly in a managerial or administration capacity; or
(ii) who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem, or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.