I )

I

l~D.~~.iJ ,Panaji, 21 stAugust, 1980 (Sravana 30, 1902)

OFFICIAL GAZ /

GOVER,NMENT OF GOA, DAMAN AND lJ -==================================:::====_v . ~_:::;:=.':;:::;.::

GOVERNMENT' OF GOA, DAMAN

AND DIU

Home Department (General)

Notification

T/11-94/79-HD(G)

Inexe~ise of the powers conferred by Sub-Sec­tion (3)· of Section 32 of the Motor Vehicles Act, 1939 (ActNo; 4 of 1939) the Government of Goa, Daman and Diu is pleased to authorise Ghatge Patil Transport Ltd., 18th June Road, Panaji, Goa, to .alter any vehicle owned by them so as to change its -engine number by replacing the engine thereof without the approval of the registering authority, -subject· to the strict complia:i::LCe' of· the provisions of .sub-section (4) of section 32 of the said Act.

By order and in the name of the Administrator of· Goa, Daman and .Diu.

S. 1I1:.:N~ilc;Unde!l' Secretary (Home).

PaI?-aJJ; gtllAUgp.st; 1980; '"" ,.0

Notification

45-52/79/HD(G)

In exercise of the powers conferred by ~lause (28) Qf sectioil59 of the Pris.ons Act, 1894 (Gentral,Act '9 of 1894), al1-ilall other powers enabl~g. h.imin that behalf, I the Lieutenant Governor of qoa, Danian and Diu liereby makes following rules so a~. 'to further amend' the Goa, Daman 'and . Diu Pri~ons (Facilit~es.ofPriso~ers) Rules 1968, namely:-

1. 8~rltitle .and Oomme'lLcement -'(1) These rules may be called the Goa, Daman and Diu Prisons (Facilities' ·,to frisoners).. (Second AinendIflent) Rules, i98(t· . .... .

2.T4ey·s:hallcome into force at once.'

3. Insertion oj rule 50. - After rul~49 of the Goa, Damall8:nd Diu .. Prisons (Facilities or ,Prisoners ) Rules,: ·l!968, .. " the following .shaII. b~ . uiserted, namely: - . . ...

"50 Scale of diet, ameniti~s and: pnv'iiegJs"':to Class I Prisoners in the Jails."

Class I Prisoners in the Jails shall be entitled to the scale of diet, amenities ~nd privileges .namely: - .

Food

In addition to existing prescribed diet,

Mutton ..... __ .. ... .. .. . . ~OO grams twice

Butter ........ __ ......... 25 grams daily,

Milk . .. ...... ... . . . .... . .. 100 ml. daily.

Sugar (extra) ......... 20 grams daily.

Equipment

Each Cell of Class I Prisoners should contain part of its equipment the following furniture: _.

Bed (IlOs.t-'ltal pattern) .. , 1 for each

Table (wooden) ............. . 1 -do-

Chair (wooden) l -do-

Book shelf (wooden) ...." l -do-

Mosquito net ................. . l -do-

Jug water ..................... . l -do-

Mirror (fixed 9"X12") l -do-

Olothmg

Class 1 prisoners may be allowed to make use o~ their own normal private clothing and only when they have no sufficient clothing of their . .own they shall be provided with the same from the Prisons.

By order and in the name of the Lt. Governor of Goa, Daman· and Diu.

s. M. Na,ik, Unde:r Secretary (Home).

Panaji, 7th August, 1980.

••• Local Administration and Welfare Department

Notification

3-2~79-LAWD-MUN (DMl'{)

. ,:We~erc,se of powers conferred" by . section 30.7.(-3)(f)()f ~lIe'1Goa, -Daman and Diu Municipalities Act, 1968 (No. 7 of 1969), and all otherpbwers.'

184

enabling it in this behalf the Government hereoy approyes :and pu.blishes the following Bye-laws: -

Shortti,tle and commencement. -1. These Bye­-laws sha1).be called the Daman Municipal Bye-Laws of Toll on vehicles of Public Transport entering the Daman Municipal Area.

2. They shall come into force on the date of publi­cation in the Official Gazette.

Defjnjtions. - In these Bye-laws, unless the con­text otherwise requires; --

(i) "Act" means the Goa, Daman and Diu Municipalities Act, 1968 (No. 7 of 1969).

(ii) "Vehicles of public Transport" mean all self 'propelled vehicles used for transpor­ting' passengers' or goods on hire.

(iii) "Owner of vehicles of public Transport" means any person against whose name such vehicle has been registered under the Motor Vehicles Act, 1939 and to whom a .permit to carry passengers or goods on hire has been granted by the State/Regio­nal Transport Authority constituted under the provisions of the Motor Vehicles Act, 1939, and includes any agent of such

"owner.

Bye-law 1. - Every owner of vehicle of Public Transport who enters in Daman Municipal Area with Qr wi~()Ut;passengers/ goods shall be liable to pay a toll on all such vehicles as indicated in Bye-law 2 below: --

Bye-la/w 2. -- For the purpose of Bye-law 1, the toll mentioned in this Bye-law shall be a's follows: --

Buses"

Taxis

Auto-::Rickshaws ...

Tempos

Truc~s/Passengers carriers.

Re. 1/- per entry in the town.

Rs. 15/- per month or Rs. 00-25 n. p. per entry in the town.

Rs. 10/- per :month or Rs. 00-25 n. p. per entry in the town.

Rs. 60/- per month or Rs. 2-00 per 'entry in the town.

Rs. 75/-per month or Rs. 5-00 per entry in the town.

Bye-larw 3. -- Every person liable for payment of toll under Bye-law 1 in respect of vehi~les arriving with passengers or goods mto the Dam~n Municipal Area, shall pay in the Municipal Octroi Check Naka or at Counter of the Municipal Office at Moti' Da­man, in accordance with the provisions of Bye-law 2, and obtained official receipt for the same.

Bye-lalw 4.- On payment-of the toll under Bye-law 3 at the Counter an official receipt shall. be issued which shall be produced by the owner of the vehicle of Public Transport. on demand by _ the Chief Officer or any other officer of the Council duly authorised in·-this·behalf by the Chief Officer or by thePqlice or "Insp:ootor or Asstt .. Inspector of M<?tor- Vehicles Depat'tmet1t" , .-

SERIES No, f!:l

Bye-law 5. -- Whoever contravenes the ~)visiGrlS of these Bye~laws shall be liable for acticn nnckor section 136 and 284 of the Act.

By order and in the name of the Lt. of Goa, Daman and Diu.

N. D. Vengurleker, Under Secretary

Panaji, 7th May, 1980.

-------+++._----

Revenue 'Department

N otificatioll

RD /RR/22'7 /77

The following draft amend;ment which is "H"~""""',;j to be made to the Goa, Dam\an and Diu Land nue (Record of Rights and Register of Rules, 1969 is hereby pre-Published as sub-section (3) of Section 199 of the and Diu Land Revenue Code, 1968 (Act 9 of 1969), for information of the persons likely to be affected thereby and notice is hereby that the said draft amendment will be taken consi-deration by the Government on the expiry of days from the date of publication of this notifica­tion in the Official Gazette.

All objections and suggestions to the draft amend­ment· may be forwarded to the Secretary to the Government of Goa, Daman and Diu, Revenue De­partment, Secretariat before the expiry of days from the date of publication of this notiJication in the Official Gazette.

DRAFT AMENDMENT

If!. exercise of the powers conferred by sub-section (1) and (2) of Section 1.99 of the Goa, Daman and Diu Land Revenue Code, 1968 (Act No.9 of 1969), and all other powers enabling him in that behalf, the Lieutenant Governor of Goa, Daman and Diu hereby makes the following rules so as to amend the Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules, 1969, namely: .L-

1. Short title and commencement. - (1) These rules may be called the Goa, DalIl:an and Diu LaII.d Revenue (Record of Rights and Register of Culti­vators) (First Amendment) Rules, 1980.

(2) They shall come into force at once.

2. Amendment 0/ rule 6(2). - In rule 6(2) of the Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules, 1969, the following shall be inserted between the words "the said notice" and the words "their objections" appea­ring in line 14 of the said rule.

"or within such date the Government by Notification at any time before the promulga­tion may specify ... "

By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.

S· Raghun(J)than) Secretary (Revenue)

Panaji, 7th August, 1980.

.-+ .

21ST AUGUST, 1980 (SRAVANA 3D, 1902)

law Department (legal Advice)

Notification

7/1/80-LGL

• The following Notification received from the G~-vernment of India, Ministry of Labour, New Delhi, is hereby republished for general inform~tion of the public.

R. V. Durbhatkar) Under Secretary (Law).

Panaji, 22ndJuly, 1980.

GOVERNMENT OF INDIA

(BHARAT SARKAR)

MINISTRY OF LABOUR

(SHRAM MANTRALA YAJ

N otificati OD

New Delhi) the 6th May, 1980

G.S. R. 566 - The following draft of certain rules which the Central Government proposes to make in exercise of the powers conferred by Section 35 of the Inter7State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1~79 (30 of 1979), is published as required by sub-sectIon (1) of the said section for the information of all persons likely to be affected thereby and notice is hereby given that th~ said draft rules will be taken into consideration on or after the expiry of forty five days from the date of publication of this Notification in the Official Gazette.

Any objections or suggestions which may be recei­ved from any person witp. respect to the said draft before th~ expiry of the period. so specified will be taken into conSideration by the Central Government.

CHAPTER I

Preliminary

1. Short title and commencement. - (1) These rules may be called the Inter-State' Migrant Workmen (Regulation of Emp:toyment and C0211ditions of Ser­vice) Central Rules, 1980'.~ir .

(2) They shall come into force o:if~the date of their publication in the Official Gazette.

2. Definitions. - fu these rules unless the subject or context otherwise requires:-

(a) "Act" means the Inter-State Migrant Work­men (Regulation of Employment and Conditions of Service) Act, 1976;

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

(c) "Deputy Chief Labour Commissioner (Cen­tral)" means an officer as such appointed. by the Central Government;

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

(e) "inspector" means an inspector appointed by tp.e Central Government under section 20;

•

85

(f) "licensing Officer" means the cer appointed by the Central Government under section 7;

(g) "migrant workman" means an migrant workman as defined in S8c:tlcm

(h) "registering Officer" means the officer appointed by the Central section 3;

(i) "section" means a section of the

(j) "specified authority" means the specified by the Central Government poses of section 12 and 16 ;'and

(k) all other words and expressions these rules but not defined therein shall the meanings respectively assigned to in the Act,

CHAPTER II

3. Manner of making application for of establishments. - (1) Thle application tration of an establishment shall be made in cate in Form I to the registering officer of area in which the establishment sought to be tered is located. '

(2) The application shall be accompanied a crossed demand draft showing payment of the for the registration of the establishment.

(3) The application shall be either delivered to the registering officer or by registered post.

(4) On receipt of the application, the officer shall, after noting thereon the receipt by him of the application, given an ack~ nowledgement to the applicant.

4. Issue of certificate of registration.-(l) Where the registering officer registers the establishment, he shall issue to the principal employer a certificate of registration in Form II.

(2) The registering officer shall maintain a register in Form III showing the particulars of the establishments in relation to which certificates of registration are issued by him.

(3) If, in relation to an establishment, there is any change in the particulars specified in the cer­tificate of registration, the principal employer of the establishment shall intimate to the registering officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.

5. Circumstances in whicb application for regis­tration may be rejected. - (1) If any application for registration is not complete in all respects, the registering officer shall require the principal em­ployer to amend the application so as to make it complete in all respects.

(2) If the principal employer, on being required by the registering officer to amend his application for registration, omits or fails to do so, the regis­tering officer shall reject the application for regis­tration.

6. Amendment of certificate of registration.­(1) Where on receipt of the intimation under sub­-rule (4) of rule 4, the registering officer is satis­fied. that an amount higher than the amount, which

186 } .No .--- . ----.---.-.. ~.- _._.--_ .. __ ..

has been: paid by the principal employer as fees 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 such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment and to pro­duce receipt showing such deposit.

(2) Where, on receipt of the intimation referred to in sub-rule (4) of rule 4, the registering officer is satisfied that there has occurred a change in the particulars of the establishment,· as entered in the register in Form III, he shall amend the said register and record therein the change thus occurred:

Provided that no such amendment shall affect anything done or any action taken or any right, obligation or liability acquired or incurred before such amendment: '

Provided. further that the registering officer shall not carry out any amendment in the register in Form III unless the appropriate fees have been deposited by the principal employer.

7. Application for a licence. - (1) Every applica­tion by a contractor for the grant of a licence for recruiting a person under clause (a) of sub-sec­tion (1) of section 8 shall be made in triplicate, in Form IV to the licensing officer having jurisdic­tion in relation to the area wherein recruitment is made.

(2) . Every application by a contractor.for employ­ing a migrant workman under clause (b) of sub­-section (1) of section 8 shall be made, in Form V to the licensing officer having jurisdiction in rela­tionJo the area wherein the establishment is situated.'

(3) (i) Every application for the grant of a licence under sub-:mle (1) or SUb-rule (2), shall be accompanied by a certificate of the principal em­ployer in Form VI to the effect that he undertakes to be bound by all the provisions of the Act and the rules made thereunder so far as they are appli­cable to him in respect of the recruitment or employment of the mig,rantworkmen, in respect of which the contractor is making the application.

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

(4) On receipt of the application referred to in sub-rule (1) or sub-rule (2), the licensing officer concerned shall, after noting thereon the date of receipt of the application, grant an acknowledge­ment to the applicant.

(5) Every application referred to in sub-rule (1) shall also be accompanied by the receipt obtained as required by rule 20.

8. Matters to be taken into account in granting or refusing a licence. - In granting or refusing to grant a licence the licensing officer shall take the following matters into account, namely:-

(a) Whether the applicant­

(i) is a minor, or

(ii) is of unsound and stands by a compe~ent court, or

(iii) is an undischarged insolvent,

(iv) has been convicted at any period of five years immediately the date of application, which, in the opinion of vernment, involves moral

(b) whether any order has been made pect of the applicant under sub,section section 10, and, if so, whether a years has elapsed from the date

(c) whether the fees for been deposited at the rates <>U'O,"-,,u.H:;U

and

(d) whether security, whereve:r neceusary, been deposited by the applicant at specified in sub-rule (1) of Rule 10.

9. Refusal to issue licence. - (1) On the application from the Contractor, and as possible thereafter, the Licensing Officer investigate or cause investigation to be satisfy himself about the correctness of and particulars furnished in such the eligibility of the applicallt for a uv,,,,,,,><J

(2) (i) Where the Licensing Officer the opinion that the licence should not be he shall, after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application.

(ii) The order shall record the reasons for the refusal and shall be communicated to the

10. Security. - (1) Where the licensing officer is satisfied in accordance with the procedure laid down in the proviso to sub-section (2) of section 8, that any person who has applied for or who has been issued a licence should furnish security for the due performance of the conditions of the licence, he shall prepare an estimate of the amount needed to provide for recruitment or employment of migrant workmen on the basis of the factors specified in sub-section (3) of the said section and after consi-dering the SOIV ... ~ .•.•. ·.:.l.Y Of. such person, determine the amount of thE;l'i,~curity to be furnished by such person, which Shall not exceed forty per cent of the amount estimated by him.

(2) Where the applicant for the licence was hold­ing a licence in regard to another work and that licence had expired, the Licensing Officer, if he is of the view that any amount out of the security, if any, deposited in respect of that licence is to be refunded to the applicant under Rule 17, he may on an application made fo-r that purpose in Form VII by the applicant adjust the amount so to be refunded towards the security, if any, required to be deposited in respect of the application for the new licence and the applicant need deposit, in such a case, only the balance amount, if any, after making such adjustment.

11. Forms and terms and conditions of licence.­,(1) Every licence issued under sub-section (1) of Section 8 shall be in Form VID.

~.

'---r'

:2~ST<;A.U<.f.fjST~ 1980 (BRAVANA 30> 1902)

. (2) Ev~ry licence granted under sp.b-rule. (1) or renewed :\!Uilder Rule 15 shall be subject to the fol­lowing cQnditions, namely-

~. ',' ,

(i) \ the licence shall be non-transferable; (ii) the terms and conditions of the agree­

ment or arrangement or the arrangement . under which the migrant workmen is recruited or employed;

(iii) the nurijber of migrant workmen recruite~ or elll:~toyed; .

(iv) the number of workmen recruited or (;}Jnp19yed as migrant workmen' in the estabU!3limeilt shall not,on any day, excee9. the maximum number specified in condition (iii);

(v) 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, fori such employment and where the rates have ~eenfix~d by a~eep.ent, settlement or award, not less than t4erates so .fixed;

(vi) ,Save as provided iIlth~se,Rules the fees paid for the .issue, .or as' the case may be for renewal of licence shall be non­-:refundable;

(vii) (a) in cases where the migrant workmen recruited or employed by the contractor perform the same or similar k.ind of. work as the workmen directly employed by the principal Employer of the establishment, 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 directly employed by the Principal Em­ployer of the establishment on the saine or similar kind of work:

Provided that in the case of any disagreement with regard to' the. type of work, the same shall be "qecided j by the Deputy Chief Labour Commissioner (Central) whose decision thereon shall be final;

(viii)

(b) in other cases, the wage rates,holi­days; hours of work and conditions of service of the migrant workmen recruited or employed by the Contractor shall be such as prescribed in these Rules.

every migrant workman shali be entitled to allowances, benefits, facilities etc., as prescribed in the! Act and tlie Rules; no female)migrant workman shall be em­'ployed by any Contractor before 6 A. M. or after 7 P. M.:

Provided that this clause shall not ~pply to the emploYlJle:p.t of female migrant workman in Pit head Baths, .• Creches and canteens . and .' ·M~dwives . and Nurses in hospitals and dispensaries.

(x) the' Contractor shall notify any change in the number of migrant workmen or the

. conditions of work to thE! Licensing Officer;

j. (Jd) the Contractor shall comply with all the provisions of the Act and the Rules.

(~i) a copy of the licence shall be displayed prominently at the premise~ wl1ere !the migrant wOl"kmenare emplGyed~ ...... .

(xiii) the period for which, the· HI.::!t:Ul!e shall be valid." .

12. Fees. - (1) The fees to be paid for of certificate of registration of an es1tai::llislinlertt under section 4 shall be as specified

If the number of migrant workmen 10 be employed.in the establfs~ment on any

(a) is 5 but does not exceed 20

(b) exceeds 20 but does not exceed 50

(c) exceeds 50 but does. not excee4100

(d) exceeds 100 but does not exceed 200 (e) exceeds 200 but does not exceed 400 (f) exceeds 400

Rs.Ps.

(2)' The fees to be paid fpr the grant of UU't;;!R;O:;

. under section 7 shall be as !specifiedbelow: -

If the number of migrant workmen or employed by the contractor of any day-

Ps.

(a) is 5 but does not exceed 20 . (b) exceeds 20 but does not exceed 50 (c) exceeds 50 but does not exceed 100 (d) exceeds 100 but does not exceed 200 (e) exceeds 200 but does not exceed 400 (f) exceeds 400 200.00

13. Amendment of the. li~~nce. - (1) A licence issued lWder Rule 11 or renewed under Rule 15 may, for good and. sUfficient reasons be amended by the Licensing Officer.

(2) The contractor who desires to have the licence amended shall submit to the licensing officer an application stating the nature of amendment and reasons therefor.

(3) (i) If the licensing officer allows the appli­cation he shall require the applicant to furnish a crossed demand draft for the amount if any, by which the fees that would have been payable if tlj.e licence had been originally issued in the amended

. form exceeds the fee originally paid for the licence.

(ii) on the applicant furnishing the requisite receipt, the licence shall be amended according to the orders of the licensing officer.

(4) Where the application for amendment is refused,the licensing officer shall record the reasons for such refusal and communicate the same to the applicant.

14. Renewal of licence. - (1) Every contractor may apply to the licensing officer for renewal of the licence.

(2). The application shall be in Form Ix .in tri­plicate and shall be made not less than thirty days before the date on which the licence expires, and if the application is so made the licence shall be deemed to have been renewed until such date when the renewedlleence is issued.

(3) The fees chargeable for renewal of the licence shall be same as for the grant thereof:

1188

: .~; p~thTj.d~d' that if th.e: ~ppfication'for.~e~ewaf is not received within the time specified ';in-Bub-rule (2), ,a J~e ,Qf, tW:E:lI}1:y~five percent .~ ~f{cess of. thE;l , fee orq:m~+A'y'pay\llJle for the;licencesh~ll bepaf8:ble for stich renewal:' . ' ", .

~. ".". .

, Provided further that in case where the licensing ;offic~*\'ls satistfedthat the delay.'in subIniiision of the application cis' due to' unavoidable circumstah(:es

,::tSeyontl the control of the contractor, he may reduce cpl':rr~mit as hed~ems fit the p~~entqf sucll, excess (~~h c:; !.' ' .

c:' '15; period of renewal of the licence • ...;..; )ilvery 'licen(le renewed under this rule 15 shall remain in :ior~e: foia"further period of Jwe1ve monthS' from ethEl' date' of the or.aerof renewaL . . ".

16 .. Issue of duplicate certificate of registration or·Ueence.-Where a. certificate or registration or licence: ';granted or 'renewed "under' the' preceding Rules has been lost, defaced /or accidentally, des­'fr6Yed;.a duplicate thereof may be gtantedon :pay-ment of fees of Rs. 10/-. :.' •. ' .. ,

, ' .tri. Refund of security. - (1) (i) On expiry of , the perWd ()f licence the. contra~tor may, if he does "not inteild to have his licence renewed or get the . secUrity' ~amount adjusted in respect of his: fresh ,applicatrion ,for licence in terms of ~ub-r~~,J2). of Rule 1(f make an application to the hcensmg offIcer fo;r;thenfi:ifnnd of the seCUrity/if any; deposited by

,.hirnunder Rule 10.

(ii) It th~ licensing office;r is satisfied th,at tllere . 'is iio' bhlach: oftha conditions 'of licence or tpeI'e is rto'oraerimd~r section 10 for the forefeiture of sec~­rityor:anyportioIi thereof, he shall direct thereftpid of the security to the applicant.

(2);]£'· there is any. order' directing the forleiture .of the Whole or any part of the 'security, the amount to be forfeited shall be deducted from the security deposit, and balance, if any, shall 'be refunded to the applicant.

; ",. I ',. . .. .' on The .application for refund. shall as far as pOSSible, be disposed of within sixty days of the

. receipt 6f the application.

18. Appeals and procedure. - (1) (i) Every appeal under section 11 shall be preferred in the form of a memorandum signed by the alppellantor his authorised agent and presented totheiappelfate offi­cer in person or sent to him by regist~red post. . (ii)The ~emor~ndum shall be accompanied by a certified' copy of the order and a c:uossed demand , draft fO'l' Rs. 25.

(2) The memorandum shall set forth precisely and under distinct heads the, grounds .. of 'appeal to the order a.ppealed from.

(3) Where the memorandum of appeal does not comply.With the provisions of'stlb-rul~, (2) it may be rejected or returned to theapjrellantf()r th~ purpose ofbeirig amended within a 'time to be' fixed by the AppelI~~~o,~ficer. . '.

¥ -; -. ' ..

(4) Where the appellate o:f;ficerrejects the memo­randum of appeal under sub-rule (3), he shall record the cifeaS6ns; for. such rejeCtion ,and~com1nuffibate; the same to the appellant;·.::. ,'" '; .; .. " .. ".,:;, ,,:: ,"·,.,r,

,', (5) Where the memorandum of the 'appellate officer shaH admit thereon the date of presentation the appeal in the, register of appeals purpose.

I

. (6) (i) When the appeal has been adJ,mtted appellate officer shall se4!i a notice to the ring Officer or the licensiJl!.g, officer) as the case be, from whoseord~r the~ppealhas. been The Registering Officer or as the cllse may the Licensing Officer shall th~reupon send the record of the 'case to the appellate officer.

.(ii) On receipt of the record the officer shall send a notice to the appellant appear before him on such date and time as maybe in the notice for the hearing of the

(1) If on the date fi}!led for appellant does not appear, ,the appellate dismiss the appeal for defp,ult of ~"',.,~<~ .• appellant.

(8) (i) Where an appeal has been dismissed under sub-rule (7), the appellant may apply to the officer for re-admission of the appea:l, and it is proved that he was prevented by any sufficient cause from appearing when appeal was caned on for hearing, the appellate officer shall restore the on its original number.

(ii) An application under clause (0 shall, unless the apjrella:te officer extend the time for sufficient reason, be made within thirty days of the of dismissal.

."~ (9) (i) If the appellant i~ present when the appeal is called on for hearing, the appellate officer shaH proceed to hear the appellant for his authorised agent and any other person summoned by him fm' the purpose, and pronounce judgement on the appeal either confirming, reversing or modifying the order appealed from.

(ii) The judgement 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.

19. Obtaining of copies of orders. -, A copy of the order of the registering officer, licensing officer or appellate officer may be obtained on payment of fees of Rs. 2 per copy of each order on application specifying the date and other particulars of the order, made to the officer concerned.

20. Payment of fees and security deposits.-. (1) The payment of the various fees relating to regis­tration, licensing and security deposits shall be made through a crossed Demand Draft drawn in favour of the concerned departmental officer and payable at the station at which he stationed alongwith a Treasury Challan duly filled in indicating the rele­vant head of account creditable to the accounts of the concerned Pay and Accounts Office.

..(2) '1'heheads of accounts under which th~receipts relating to the, fees for registration, licensing and appeals':et~}.Shan '1$e'credited will be' "B-Non-Tax

·21ST.AUf:J.USTJ 1980 (SRAVANA 3()~ 19(2)

Revenue-087 Labour and Employment-Receipts under the Inter-State Migrant Workmen (Regulation and Condition of Service) Central Rule-1980". The .Security deposits are to be booked under the head "Deposits Advances- (b) ". Deposits not bearinginte­rest-843-Civil Deposits-Security Deposits.

CHAPTER III

Duties of the Contractor.

21 ... Particulars of migrant workman. -·EveI'y contractor shall furnish to the specified authorities the particplars. regarding recruitment and employ­ment of' migrant workmen in Form X.

(2) The particulars shall b~ either personally deli­vered by the contractor to the concerned specified authorities or sent to them by registered post.

22. Return fare. - The contractor shall pay to the migrant workman the return fare from the place of employment to the place residence in the home­-state of the migrant workman on the expiry of the period of employment and also on his-

(a) termination of service before the expiry of the period of employmentfoT any reason what­-so-ever;

(b) being incapacitated for further employments 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 employ­meI;lt by the eontraGtor.

23. Pass Book. - (1) In the pass book referred to in clause' (4) of sub-section (1) of section 12, the folloWing additional particulars shall be indicated, namely:-

(a) the date of recruitment; .

(b) the date of employment;

(c) total attendance/unit of work done (in res­pect of piece-rated migrant workman) /total wages ~arned/deductions if any made/net amount paid and signature of contractor or his duly authorised representative with date; a:nd (T'neseentries shall be made separately in respect of each wage period within three days from the date of payment) ;

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

(2) In case of fatal accident or serious bodily injury to any migrant workman, the contractor shall immediately send telegrams to the specified authori­ties of both the States and also the next of the kins o~the,migrant .workman intim,ating death or the nature of. !3eri()l1s hoqily injUl'Y' :sustailled" by .. the migrant workman, as the case maybe,' date, place and nature of .accident. The contractor shall further send. VVI1tten . report to. the specified aut:Q.orities con­cernedandthe next of the kin.of the migr~nt,work­m!ln,. unaermehtioned particulars, by registered post wIthm 24. hours of the occurrence of the accident: -

,(i)"~ame· of themigral1t workman; (ii) Date, place and nature .ofacciffent;

(iii) Condition of the migrant workman alive) ;

(iv) Action taken by the employer;

(v) Remarks.

(3) If the contractor fails to send intimation and/or written r~port as rprlll11rpf'l

sub-rule (2), the principal employer with the. requirement~ of ~\lb-rn1e <f) as possible but in any case not later than 48 the time of occurrence of the accident.

189

24. Return and Report. - Every contractor furnish a return regarding migrant workmen who have ceased to be employed in Form Xl to the fied authorities concerned either personally registered post so as to reach them not later 15 days from the date of the migrant wo:rlrman ceases to be employed.

CHAPTER IV

Wages

25. Rate of wages. - The rate of wages a migrant workman in an establishment where he is required to work which is neither same nor of similar kind as is being performed by any other workman in that establishment shall not be less than rate of wages paid by the principal employer to a workman in the lowest category of worlrman directly by him in that establishment or the minimum of wages notified by the Central Government under the Minimum Wages Act, 1948 for the same or simi­lar type of work performed by workmen in any scheduled employment in the area in which the establishment is.located,or the rates of wages pay-" able to the workmen for performing same or similar kind of work in that establisment in the State in which the establishment is located, whichever is higher:

Provided that if there is any dispute in this regard or with regard to applicability of wage rates to a migrant workman under sub-clause (b) of sub-sec­tion (1) of section 13, the same shall be decided by the Deputy Chief Labour Commissioner (C,entraI) whose decision shall be final.

26. Wage period. - The contractor shall fix wage periods in respect of which wages shall be payable.

27. No wage period shall exceed one month.

28. Payment of wages. - The wages of every migrant workman in an establishment by a con­tractor where less than 1000 workmen are employe<i shall be paid before the expiry of the seventh day and in other cases before the expiry of tenth day every month.

29. Payment on termination.-Where the employ­ment of any migrant workman is terminated by or o~' behalf of the contractor, the wages earned by the :mIgrant workman ~hall be' paid before the expiry o~ the s,econd workmg day from the day on which hIS employment is terminated.

. ~~" ~e>df,',. ()~ pa~ent.:c All payments of" ,wages shall be made' by the contractor on working day at

the wQJ;'k:_'pr~il:)E:!!3,~~l d,wjng,th~ }Vgrk~g ~¥n~ and on a date notified ill advance and. ill. case the> work i~ c.9~p\~ted .befor~ ~he e~lliry., of'. fin.al p~yments shalf "be \ 'made . WIthin forty~elght hours 'Of the last working day,

31. Wages due to every migrant workman shall be p~i~ to. him. direct or .toother persons,:duly authori~d' by' him' in this behalf.

, .! ~i~; ; ' .. : . ,

: 32:i.Allw~ges shall be paid in currentqoiIi or in curren~y :or'in poth, Wages shall be paid Withoot any deduction of any kind except those specified by the. Central .Government by general or special order in tiJii~cbehalf br'permissible unde~ the· Paymetitof 'W ages~ :1\ct, 1936.

33: A notice showing the wage period and the place 'and' time'of disbursement of wages shall be displayed at the place of work and a copy sent by the Contractor to the Principal Employer under acknowledgement.

34. The principal employer shall ensure the pre­sence of his authorised representative at the place and :tim~ of disbursement of wages by the contractor to thelnigrant workman; and it shall be the duty of the contractor to ensure the disbursement of wagesih lhe presence of such authorised represen-tative .. '> ,

35, The. authorised representative of the principal employ~r'shaU record under' his signature a certi­ficateat'the' end of all the entries in the register of wages or the wages-cum-muster roll, as the case may be, in the following form. -

'~Certified that the amount shown in column :-Jll{o.\nas :been made t<;fthe migrant worklnan

. concerned in my presence on .... ; .... "

CHAPTER V

Medical and other facilities to be provided to migrant workman

. 36.:B:olldays, hours of work and other conditions of service. - Holidays, hours of work including extr~ Wages for overtime wprk done and other· con­ditionsof service of migrant. workman shall not be less favourable than those ob~aining in that esta­blishmentor in similar employments in the area in which ;theestablisment. is located, . as the case, ma v. be .. ' ":':.~ '" ." . '.' v

(2) Where there is any di~pute in this regard or with regard to applicability of holidays, hours of work including extra wages for overt~e work done and other, conditions of service to a migrant work­manlmder clause (a) of sub-section, (1) of sec­tion 1$,. the same shall be decided by. the Deputy Chief Labour Commisioner (Central) whose decision shall be final.

37 .. Medicalfaeilities. - (1) The contractor shall ensure: provision of' suitable and adequate medical facilities for outdoor, treatment to the migrant work­manfree ·of cost for,treatment of .any ailment from which the migrant, workman or any member of his family . may suffer during· his employment in the establishment or to meet any preventive measure against . ~pidemic or any virqs infaction: . Whenever any ,medicine .. is purchased by .amigr3fI1t wo~km.an

~ :- >'" 21

from market on the basis of the '~'A"''''''~;'''I­

bi any Doctor. provided by the pri,p,qiplll. employer, as the case may be, gistered medical practitioner,. the cost medicine shall he reimbursed by contractor to the migrant workman concerned a seven days from the date of presentation by the migrant workman,

(2) In the eye:n~ .. of~i~a~t his family member suffering r~g~~ing hospitalisa~ion dirrin~ his ",,u.llJ"".Y .t"';".t~ the establishment, the contractor arrange for the hospitalisation of the man or the concerned member of his contractor shall bear entire expenses on hospital charges (including diet), if expenses for the patient from the residence to the hospital and back.

(3) Every contractor shljLll provide aud so as to be readily access'ihle during all hours first-aid. boxes at the rate of not one box for one' hundred and fifty workmen thereof,

(4) The first-aid box shall be with a Red Cross on a white ground and tain the following equipment, namely--

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

(i) 6 small sterilized dressings;

(ti) 3 medium size sterilized dressings; (iii) 3 large size sterilized dressings;

(iv) 3 large sterilized burn dressings;

(v) 1 (30 ml.) boUle eontaining a two per cent alcoholic solution of iodine;

(vi) 1 (30 mI.) bottle containing salvolatile having the dose and mode of administra­tion indicated the label;

(vii) 1 snake-bite lancet;

(viii) 1 (30 gms.) bottle of potassium perman-ganate crystals; .

(i~) 1 pair scissors;

(~) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advice Service and Labour Institutes, Govern~ ment of India;

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

(xii) Ointment for burns; and

(xiii) A bottle of suitable surgical antiseptic solution.

(b) For establishments in which the number of migrant workman exceeds fifty each first-aid box shall contain the following equipment:-

(i) 12 small sterilized dressings;

(ii) 6 medium size sterilized dressings;

(iii) 6 large s!ze sterilized dressings;

(iv) 6 large size sterilized burn dressings;

(v) 6 (15 grms.) packets sterilized cotton wool;

.$:1.{3T:.All(J:UBT, 1980 (BRAVANA 30~ 1902)

. (vi). 1 ' (80 mI.) . bottle contai~inga. two per . cent alcoholic solution of iodine;

(vii) 1 (60 mI.) bottle containing salvolatile . "havingthe dose and¢ode of administra-

tion indicated on the label; .

(viii) 1 roll of adhesive plaster;

(ix) a snake-bite lancet;

(x) 1 (30 grms.) bottle of potassium perman-ganate crystals; .

(::lti) 1 .. p~ir scissors; (xii) 1. cppy of the first;,;aid leaflet issued by

the· Director-Genezia.I,·Factory Advisory, Service and Labour Institutes, Govern­ment of India;

(xiii) A bottle containi~g 100 tablets (each of 5 grains) of aspirin;' >

(xiv) Ointment for burns;:and

(xv) A bottle of a suitable surgical antiseptic solution.

. (5)· Adequate arrangements .sha;lI be made for immediate recoupment when necessary. .

" ,'. ,:,: '

(6) Nothing e~cept the~ontents. mentioned in 'sub~r1l1~(~) . shall be kept.in the first-aid box.

(7) The first-aid box shall be in cha.rge of a res­ponsible person who shall always be readily avail­able during the working hours of the establish­ment.

(8) The person in-charge' of the first-aid box shall be a person trained in first-aid treatment, in establish:mentswhere t4e number of migrant Work­man is one hundred and fifty ornlore. .

38. frotective clothing. ~(1) The contractor -shall provide to every mign:tIl,t . workman where the teIllpepature ~alls below 20 degree centigrade, protectiv~ . clothing consisting of . one woollen coat and one' woollen trousers once in two years; . .

Provided that where the temperature falls below 5 degree centigrade an woollen overcoat shall also be .provided to the migrant workman once in three years.

(2) The protective clothing shall be provided by the contractor to every migrant workman before onset of winter season in the area where the esta­blishment is located or on the 30th day of Septem­ber, whichever is earlier.

39. Drinking water, latrines, urinals and washing facilities. - (1) The contractor shall provide suffi­,cIent quantity of wholesome drinking water, suffi­cient number of sanitary latrines ~d urinals, washillg f~cilities for the migrant workman at the establishment in the case of existing establishIllents within seven days of the cpmlm:lncem~ntofthese rules, and in case of new establishment, Withm seven days of the commencement of employment of migrant 'forkmen therein. .

(2) If any of the facilities is not provide<iby the contractor within the specified period, the same -shaiU be-·p:rpyid~ by the' principal. eruployerwithin :seven<days.ofthe expiry Of the· peri()d specified in sub-rule (1). ':' ,

191

.•. 40 .. nest rooms. - In ev~ry place where workmen are required to h~lt at nigq.t in COnl1ectt witJ;1 the~orking . of the es~~bli~hment !IDd in w ch emploYnient of migrant wqrkinen is llkely to CQn­tinue for three months cir more, the contractor $hall. provide and maintaip rest rQQIlls Qr other sulta~le .. alternative accomltodation within da~s of the coming into fQtce of the. rqles

. of· the" existing estab1ishmlnt~; and Within day's of the comni.encemen~;. of . the etp.plq mi~t workmen in the case of new estabIi

. . '-.- ,

(2) If the' amenity is n~t provided by tractor within the specifie~ period, the "' .... " ........ n'" employer shall provide the" same witpJn a of. fifteen days of the expiry of the period spe,cuied in sub-rule (1).

(3) Separate rooms shall be provided fQr migrant workmen.

(-4;) Effective and suitab~e prOVIsIons made in every roorp. for se~uring and UlGUUt.<UHUL1';

adequate ventilation by ci:rculation of a:nd' there shall also be prr)Vided and sUfficient and suitable natural and artificial

(5) The rest rooms, or other suitable accommodation shall be of such dimensions SOl as to piiivide at least a floor ar~a of 1.1 square metre .for each person. .

(6) The rest room, rooms or other suitable alter­native accommodation shall be so constructed as to afford adequate protection against heat, rai1l and shall have smooth hard and imperviQus floor surface.

(7) The rest rooms or other suitable aCCQmmQ­dation shall be at a convenient distance from the establishment and shall have adequate supply Qf wholesome drinking water.

41. Canteens. - (1) In every establishment wherein work regarding the employment of migrant workmen is likely to continue for six months and wherein migrant workmen numbering one hundred or more are ordinarily employed an adequate canteen shall be provided by the contractor for the use of such migrant workmen within sixty days of the date of coming into force of the rules in the case of the existing establishments, and within sixty days of the commencement of the employment of migrant workmen in the case of new establishment s.

(2) If . the contractor fails to provide canteen ~thin the time. la~d down, the same shall be pro­VIded by the prInCipal employer, within sixty days of the expiry of the time allowed to the CQntractor.

(3) The canteen shall be maintained by the CQn­tractor or principal employer, as the case may be in an efficient manner. . '

(4) The canteen shall consist of at least a dining . hall, kitchen,' sfore-room, pantry and washing places

separately for migrant workmen and for utensils.

an (i) The canteen shall be sufficiently lighted at all tiIlles when any person has access to' it.

\ (ii}Thefloor shall be mage of smooth and impervious material and inside walls shall be

Iime':washed or colour-washed ,at least once'ineach year~

Provided that the inside walls of the kitchen shall be lime-washed every four months.

(6) (i), The precincts of the canteen shall be maintained in a clean and sanitary condition.

(ii).Wastewater shall be'carried away in suitable. covelieddrains and shall be allowed to accumulate so as to cause a, nuisance. '

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

(7) ,Thedihing-hall shall accommodate at a time at least 30 percent of the migrarit workmen workiIi:g at a time.

, (8)'Fhe floor area of the diIi:ing-hall, excluding the area occupied by the service counter and any furniture, except tables and chairs shall be not less than) 'one square metre per diner to be accommo: dated as'specified iIi: sub·rule (7).

(9) (1), A portion of the dining hall and service c,ounter shall be partitioned off and reserved for women migrant workmen in proportion to their number.

(ii) WashiIi:g places for women shall be separate and "screeneq. to secure privacy.

(10) Sufficient tables, stools, chairs or benches shaUbe available for the diIi:ers to be accommodated as specified in sub-rule (7) .

(11) (i)There shall be provided and maintaiIi:ed suffiCient utensils,crockery, cutlery, furniture and any other equipment necessary for the efficient run.p.ing of the canteen.

(ii)The furniture, utensils and other equipment shall be maintained in a clean and hygienic con-dition. '

(12) (i) Suitable clean cloths for the employees serving in the canteen shall also be provided and maintained.

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

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

(13) The foodstuffs and other items to be served in the canteen shall be iIi: conformity with the normal habits of the migrant workmen.

(14) The charges for meals, other foodstuffs, bever~ges and any other items served ~ the canteen shall, be based on no-profit" no-loss ~asis and shall be conspiciously displayed in the canteen.

(15) In arriving at the prices of food-stuffs and other articles served in the canteen, the following items shall not be taken into consideration as ex­penditure, namely:-

ra) 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 eq,uipments including furniture; ctpckery, cutletiyatid utensils; '. " , '

•

(d) The water charges and other in-curred for lightiIi:g and ventilation;

(e) The interest, on the amounts the provision and maintenance of furniture and equipment provided for ili the canteen.

(16) The books of accouIlJS and registers other documents used in connection with the ,,,,u,nus of the canteen' shall be produced on demand to an Inspector.

(17) The accounts pertaining to the canteen shall be audited once every twelve months by accountants and Auditors:

Provided that the Deputy Chief Commis-sioner (Central) may approve of any other no .. ,..",,,",,

to audit the accounts, if he is satisfied that feasible to appoint a registered Accountant ditor in view of the site or the location canteen.

42. Latrines and urinals. - (1) Latrines shaH be provided in every establishments on the scale namely:-

(a) Where females are employed, there shaH be at least one latrine for every 25 females;

(b) Where males are employed, there shaH be at least one latrine for every 25 males;

Provided that where the' number of males exceeds 190 it shall' be sufficient if is one latrine for 25 males or females, as the case may be, upto the first 100, and one for every 30 there­after.

(2) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.

(3) (i) Where workers of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice in the language understood by, the majori,ty. of the workers 'For Men only', or 'For Women only', as the case may be.

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

(4) There shall be at least one urinal for male workers upto fifty and one for female upto fifty employed at a time.

Provided that where the number of male or female workmen, as the case may be, exceeds 500 it shall be sufficient if here is one urinal for every fifty females upto the first 500 and one for every 100 or part thereof thereafter.

(5) The latrines and urinals shall be conveniently situated and access to workers at all times at the establishment.

(6) (i) The latrines and urinals shall be adequa­tely lighted and shall be maintained in a clean and sanitary condition at all times.

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

(7) Water shall be provided by the means of tap or otherwIse so as to be conveniently accessible in or near the latrine and urinals. .

21S'l'AfJ(}UST; 1980 (SRAVANA 30, 1902)

43. Washing facilities. -(1) In every establish­ment ~CJ.equate and suitable, facilities'ior washing shall lle.' provided and maintained for the use of migrant workmen employed therein.

(2) Separate and adequate screening facilities shall :beprovidedfor the use ()f male and :female migrant' workmen.

(3) Such facilities shall be conveniently accessible and .. :sliall be kept in clean and<hygiehic condition.

44: Cr~h~~ - (1) In every ~~tablishment where 20 or more workmen are ordiliarily e~pl?yed as migrant workmen and in which. employment of migrant workmen is likely t()"ccintinue for three months or more, the contractor shall provide and maintaintwo,!"ooms of reasonable dimensions for the use of their children under the age of six years, within ,fifteen ,days of the coming into,force of tlte rules, 'incase of existing establishment, and within fifteen days of the commencement of the employ­mentof not ,less than twenty women as migrant workmen in new establismnents.

(2)' One of such rooms shall be used .as play room for 'the children and the other as bedroom for the children.

(3) If the contractor fails to provide the creche within the time laid down, the same shall be pro­vided by' the Principal Employer Within fifteen days of the expiry of the time allowed to the Contractor.

(4) The contractor or the principal employer as the case'may be, shall supply adequate number of toys and games in the play rooms and sufficient number of cots and beddings in thesleepin~ room.

(5) The creche~hanbesQco:nstructed as to af­fordadequateprot~ction ag;unst:h~at,. datnp, \Vind. rain::tndshall have smootll, hard and iIiipervious floor surrace. . . ' ,

(6)' The creche·shallbeat a coD.venientdistance from ·the establishment and shall have adequate suPPly of w401esome drinking water. '

(7) .Effective and suitable provisions shall be made in every room of the creche for securing and main­taining adequate ventilation by circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting.

45. Residential accommodation. - (1) The con­tractor shall· provide to every migrant workman:-

(i) in case he is accompanied by any other member of his family a suitable barrack so

. as to accommodate one room having at least a floor area of 10 square metres, a verandah and adequate additional covered space for cooking food as iwell as. one common sanitary latrine, one common bath­room for every' three such quarte·rs; and

(ti) in case he is unaccompanied by any other member of his family a suitable barrack so as to accommodate not mOore than ten such migrant workmen, havillg at least a floor area of not less thaJl6.5 square metres for each suchmigr~nt workman making use of the barrack, a vel'andahand

. .adequate additional covered sPace for cook­ing' food as well, as one' coihfuon sanitary

latrine and one common bathroom for every ten such m.igrant· workmen;

within fifteen days of coming into force of the :nl1es in the case of the existing establishments Withi,rl fifteen days of the commencement of the ment of migrant workmen in new <;:·;:;;.'I,<!,I,,1J.k;:;;.dU!.L<O .....

(2) Every quarter and the barrack constructed· as to afford ~dequate tection againsthea;t, wiJd; rain and smooth, hard and imperviQus floor st!rface"

(3) The quarters or theparracks, as the be, ,shaU'be at a convenie~t distance from blishment and shall halve . adequate wholesome drinking water.

(4) The area in which ' .. the quarters barracks are l~ated as ~~l as the l~trines bathrooms prOVIded therelll~ shall be kept a sanitary condition at all tHnes.

(5) If the amenities re:ll'erred to in . are n()t provided by the co*ractor within prescribed, the principal eii1ployer shall same within a period of fifteen days of the period laid down in the said su.b~rule.

may esta­of

(6) If there is any dispute or disagreement re­garding suitability or adequa;cy of provision of any of the amenities referred to in sub-rules to (4) the same shall be' decided by Deputy Chief Labour Commissioner (Centra;l) whose decision shall be final.

46. Liability of the principal employer in ce:rtai.n cases. - If any allowance required to be paid under section 14 or section 15 to a migrant workman employed in an establishment to which this Act applies is not paid by the contractor or if any facility specified in section 16 is not provided for the benefit of such migrant workman, such allowance shall be

. paid, or, as the case may be, the facility shall be provided, by the principal employer within fifteen days of the expiry of the time allowed to the con­tractor under the rules except where otherwise provided for in the relevant rules.

Provided that in case of ailment requiring urgent medical attention or hospitalisation as the case may be, the principal employer shall provide the same immediately on the failure of the contractor to do so.

47. Relaxation in certain cases. - If the con­tractor or, principal employer, as the case may be, has already provided any facility relating to supply of wholesome drinking water or rest-rooms or latrines and urinals or washing, canteen or creche or first aid is required under any Act appli­cable to the establishment and the same is adequate and also available for use for the migrant workmen. that facility, shall be deemed to be provided for under these rules.

CHAPTER VI

Registers and Records - Col.lection of Statistics

48~ , Regis~rs. of contractors. - Every principal employersha:llmaiiltain.in respect of each registered establishnieni l't. register of contractors in ForIn. XII.

·4~ .. ~gis~r. of persons employed. - Every prin­cipal employer and contractor shall maintain: in:' res-

pect of e~h establis~ent. where. he employs migrant workm8Jl . a regIster ill form XllI.

50. Service certificate. - On termination ~f employment for any reason whatsoever the con­tractor shall' issue to the migrant workman whose services ha~ been terminated a service certificate in form XIV,.

51. Displacement-cum-outward joUrney all,!wances sheet and return journey allowances regIster. ~ (1) Every contractor shall maintain displacem~nt­-cum-outward journey allowances sheet as reqUIred under sub-rule (2) of rule 30 in form XV and return journey' allowance register as required under sub­-rule '(3) of rule 30 in form XVI.

(2) Entries in the sheet and the register required to be maintained under sub-rule (1) shall be authen-: ticated by the contractor or his duly authorised representative.

52. Musi;er roll, wages register, deductions register and overtime register. - (1) In·· reSpect of esta­blishments which are governed by the, payment of Wages Act, 1936 and the rules made thereunder or the Minimum,Wages Act, 1948, and the rules made thereunder, or Contract Labour (Regulation and Abolition) Act, 1970 and the rules made thereunder, the following registers and records required tb 'be maintained by' the contractor as employer under those Acts and the Rules shaUbe doomed to be re': gistersand:records to be maiiltained by the con­tractor' under these Rules.

(a) muster roll; (b)' register of wages;

(c) register of deductions;

(d) register of fines; (e) register of overtime; (f) register of advances.

(2) In respect of establishment not covered by any of the Acts or the rules referred to in sub-rule (1), the following provisions shall apply, namely: -

(a) Every contractor shall maintain a Muster Roll register and a Register of wages in Form ·XVII 'and Form XVIII respectively;

(b) Signature or thumb impression of every migrant workman on the register of wages shall be obtained and entries therein shall be authen­

_ ti9ated by. the, signature of the contractor or his. authorised representative, and duly cettified by the authorised repres~ntative of the' principal

.employ~ras required by rule 35; (c) Register of deduction, register of· fines and

register of. advance-oRegister of deductions for damage or 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.

(3) Notwithstanding anything cohtained in thes~ rules where a combined or alternative form is sought to be ill!ed~for,th~ contractorto.ay~d duplication Of .work for. compliance with the provisio~s . of, any other Act or the rules framed thereunder or any other laws or r~gulations or in .cases where -mecha­nised pay rolls are introduced for better administra-, .

$ERIES I 21

tion" alternative sllitable fOrlJl or forms in 8Jlyofj:he forms prescri~~der these rules, be used with"Ule p:rreyiollsaijproval of the ,,_ ....... ," .. Chief Labour Commissioner (~ntral)-

53. Maintenance and pl'eseryati()n of registers, (1) All registers alid other ~ords re . ed to be maintained under the Act and rules, . 1 be tainedcomplete· and up to datel and unles~ otherWise provided for, shall be. kept at ap' office or the convenient building within the precincts of the place or at a place, if any, specified by the .LUi"IJ~"4 on the specific request made by the this behalf.

(2) All the registers shall be maintained --".,---.r English or Hindi.

(3) All the registers and other records shall preserved in original for a period of three calendar years from the date of last entry made therein.

. (4) All the registers, records and notices tained tinder the Act or rules shall be produced demand before the Inspector or 'Deputy Chief Labour Commisaioo.er (Central) or any other under the Act odmy person authorised in that by the Central Government.

(5) Where no deduction or fine has been qr no overtime has been worked during any period, a 'NIL' entry shall be n;i~de across the of the register at the end ofeve'ty,wage period cating also in precise terms the Wage period to which the 'NIL'entry relatesih' the respective registers 'maintained in Forms XIX and XX and XXI respec­tively.

, 54. Display of an abstract of the Act and the RUles. - Every contractor shall display an abstract of the Act and the rules in English and Hindi and in the language spoken by majority of migrant work­men in such form as may be approved by the Deputy Chie~Labour Commissioner (Central).

55. Notices. - (1) (i) Notices showing the rates of wages, hours of work, wage periods, dates of pay­ment of wages, names and addresses of the Inspec­tors having jurisdiction, and date of payment of unpaid wages, shall be displayed in English and in Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal employer or the contractor, as the case may be.

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

, (2) A copy of the notice shall be sent to the Inspector and whenever any changes occur, the same shall be communicated to' him forthwith.

56. Periodical returns. - (1) Every contractor shall seJt.d halfyearIy' return in FOrm XXIII (in duplicate) so as to reach the licensing officer concer­ned not later than thirty days from the close of the half year.

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

, ,(2) Every principal employer of a registered esta­blishment shall send annually a return in Form XXIV (in duplicate) so as to reach the registering

2~S,£~,:f1f!(i:V§T) 1980 (SRAVANA 30) 1902)

officer~J¢9ncarned not later than the 15th lfehnIary folloWing the end of the year to which it relates.

57:(1) The Deputy Chief Labour Commissioner (Centl,'l:l,ll or. the Inspector or any other authority und~Ji:theAct shall have pow~rs to call for any inform~tion or statistics in relation to migrant work­men from any contractor or principal employer at any time by an order in writing.

(2). Any person .called upon to furnish the infor­mationunder sub-rule (1) shall 'be legally bound to do so. .

CHAPTER. VII

L6"gal aid to migrant workman

58 .. ~gal aid. - On receipt of a. 'written applica­tion from ;migrant workman orin the event of his death, from next of his kin for providing legal aid, in relation to any proceedings before the Authority unde~Section 15 of the Payment of Wages Act, 1936 or Authority under Section 20 of the,Minimum Wages Act, +94&,or appropriate Labour Court under. Section 33C(2) of thtl Industrial Disputes Act, '1947 or Com­missioner for workmen's compensation under the Wor~eIfS' Compensation Act, 1923, in which the inigr::tJ;l-t;)vorkInan or his legal heir is a party, the specifiedaut'hority concerned, if he is satisfied, may with the pri6r approval of the Deputy Chief Labour Commissioner (Central) engage an advocate to con­tract. the relevant proceedings on behalf of the migrant workman or' his legal heir as the case may be ancillleet all legal expenses in this regard.

FORM I

[See rule 3(1)1

Application for registration of establisbments 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 of the directors/particular part­ners (in case of companies and ;firm!:!).

5. Full name and, address of the Manager or person res­ponsible ;for the 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 addresses of Contractors.

(b) Nature of wor~ for which migrant workmen are to be recruited or' are employed,

(c) Maximumn~ber of migrant workmen to be em­ployed on any day through each contractor.

(d) EStablishment date and commencement of work under each Contractor.

(e) Estimated date of termination of employment of migrant workmen under each contraCtor.

8, Particulars of crossed demand draft Coo Name Of the Bank, Amount, Number and Date);

I hereby !leclate that the particulats given above are true to the~st of my knowledge and belief.

Principal Employer

seal and Stamp

Office Of the Registering Officer

Date of receipt. of application

FORM II

[See rule 4(1)]

Certific.'lte of registration

GOVERNMENT OF INDIA

Office of the registering officer

195

Date

A certificate of registration containing the culars is hereby granted undet;, clause (a)pf' of section 4 of the Inter-State 1\figrant Workmen of . Employment and Conditior1s of Service) the rules made thereunder to ...

1. Nature of work cari'ied on in the establishment.

2., Names and addresses of contractors.

3. Nature of work for which migrant to be employed Or are empl?yed.

4. Maximum number of migrant workmen em· ployed on any day through each contractor".

5. Other particulars relevant to the employm\out Inig grant workmen.

(i)

(ii)

Signature of ~'C'5"'~""U.'h

FORM III

[See rule 4(2)]

Officer

Register of Establisiunents

Type of bUSiness,

Registra­Sl. No. tion No.

and date

Name ,and address of the esta_, blashment registered

Name of the Prin­cipal Em­ployer and hiS address

("ade, indus-­try manu_ facture or

occupation, which is

carried on the esta­

blishment

1i'Ia:'{immn No.ofmi­

grant work. men direc-

tly employed on any day,

1 2 3 4 5

Partieulars of Contractor and inter-State Migrant' Workmen

Nature of work for Maximum No.

which mi_ of migrant Probable du­Name and grant wo.rk-workmen em- ration of em­address of men are to ployed on any ployment of contractor be recruited day through migrant

7

or are em- a contractor workmen ployed

8 9

FORM IV

[See rule 7(1)]

10

Application for Licence for recruitment

Remark/!!

11

1. Name and addresses 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, manufactl,lI'e or occupation, wpich is carried on in the establishment;

(c) NUinber and date of certificate of registration of the establishmeI:1t 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 contractor at the work site;

(b) D,uration 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) Maxinium number of migrant workmen proposed to be employed in the establish.rllent on any date;

(~) ,Names and addresses of the directors/partners (in ca!3e of companies and firms).

Names and address(s) 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 txiay be.

5. Whethertlie contractor/ was convicted of any offence ~thin the pr~eding 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.

7. Whether, the contractor has worked in any other esta­blis1llnent 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 V is enclosed.

9. Amount of licence fee paid - No. of crossed demand draft and date.

10. Amount of security deposit, if any.

Declaration - I hereby declare that the details given above are correct to the best of my knowledge and belief.

Place ... Signature of the Applicant

Date .. , (Contractor)

. Note: The application should.J:>e Mcompanied by a crossed demand dr8.ft 'showing the' payment of the prescribed licence fee and secuIity deposit, if any and a certificate in Form V from the Principal Employer.

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

Date of receipt of the application with crossed demand draft for fees.

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.

4. Pl'j.rtlcuUi.rs ".of' migrant workmen.

,'ca) NatU:rebf,work in whi~hmigrant workmen are 'eh'lployed or are to be empioye-d in the establishment.

~SERIES 1

(b) Duration of the proposed contract work culars of proposed date of commencing

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

(d) Maximum nu:mber of migl:ant workmen "~''''''''''','n be employed in the estabfishmenton any

(e) Names and addresses of the directors/partners case of companies and firlYls}.

(f) Names and address(s) of the person(s) in-charg0 of· and responsible to the company /fit'mfor thE) con, duct of the business of the company/firm, thE case may be.

5. Whether the contractor was eonvieted of any within the preceding five years. If so, give details.

6. Whether there was any order against the revoking or suspending licence or forfeiting seeurity in respect of an earlier contract. If 'so, the date of such

7. Whether the contractor has worked in any other blishment within the past five yea;rs. If so, give details

9 the principal' employer, establishment, and nature of

8. Whether a certificate by the principal employe1 Form V is enclosed.

9. Amount of licence fee paid -- No. of crossed draft and date.

10. ,Amount of security deposit, if any.

Declaration - I hereby declare that the details above are correct to the best of my knowledge and

Place .. .

Date .. .

Signature of the Applicanl

( Contractor)

Note: The application should be accompanied by a erossed demand draft showing the payment of the prescribed 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 crossed demand draft for fees .

Signature of the Licensing Officer

FORM VI

[See rule 7(3)]

Form of certificate by principal employer

Certified that I have engaged the applicant (name of the contractors) as a contractor in my establishment. I undertake to be bound by all the prOvisions of the Inter-State Migra.."1t workmen (Regulation of EmploymeI:1t and Conditions of Service) Act, 1979 and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 in so far as the provisions are applicable to in respect of the employment of migrant workman by the applicant in my establishment.

Place .. .

Date .. .

Signature' of prinCipal employer

Name and address of Establishment.

FORM VII

[See rule 10(2)]

Application for adjustment of Security Deposit

'~Name and No. and date of Date of expiry address:. of the application for of previous

Contractor fresh licence licence

1 2

Whether the previous licence

of the contractor was suspended

01' revoked

4

21.S3J\:AUGU8T?~1980 (SRAVANA 30~ 1905)

No. and date of the crossed

demand draft· of security depo!lit

in ~sPeCt of the~previous ): 'jIid!nCe

N&.a·and da.t~ of certificate of r~tratioli. of.

the l!stablishmeJ'rt in .relation to

which the fresh licence is

'!-pplied for

9 'i';;'" I.'

L0'i': ..

PI~:

Date:

!J, I \. ~

\.

Afu.o~nt 1>1 pre;vious secu­rity deposit

Amount of security deposit , . fo~ tiliefresh '

licence

No. and date of crossed de­mand·draftof

the ba,laIice security deposit • depoSited with the fresh appli-

: . cation "'; ~" •.. :,;<.',

6 J 8

Name ;md address of the principal em­

ployer

, 10

\(-~": ;,' :;;;~ G:·,~:'::~'<~l ~";J:, :~, .~>r·)·

i /; '.~:~_rJ:·:)'ir

Particulars of fresh appli­

Cation

l.',· .

1. Remarlts

12

( Sigp.ature of applicant

F0RM VIII

[See \rul~ '11(1)]'

" .... G6Vi:RNMENr OF INDIA :,',

(il' Office of Licensing Officer (.L bJ..· :.. '

Licence lIT(). . .. Dated ... Fee paid Rs.

LICENCE

Licence is . hereby granted to .. , un4er section 8~(i) of the :rnte-.r"'State ~grant,:Wor1pnan (Regulationiof Employment and Conditions )j~£: ,8ervice) ACt; 1979, 'subject MCTh¢coon-mtions specified in the Annexure. ",n ..

Ii':' ,. : :. .• . ',i'

2.,!I'his licence' is for doing the work of (nature of" work to be indicated) in the establishment of (name of principal emP,19Yerto.ge indicated) at(I>~~~e. of work to be indicated).

3. The licence shall remain.info:rce till (date to be indi­ca~e4).

1.

2.

3:

Date of renewal

Date

Signat)l~~:#~ Sel;lrof Licensing Officer

: RENEWAL

[Seerul~14j

Fee paid for renewal Date of expiry 0:1' ri.

Signature ,and Seal. of the Licensing Officer

ANNEXURE

The licence is subject to the .following conditions:-

1. The licence shall be nori!triuisferabl~;' :i ."'2:" ·The number of workmen employed as migrant work­

'meri ifi the establishment shall not, on any day, 'exceed the maximumtl~ber specified in the appli-cation for licence. . . .. " .

;;:;);~ave;aspro'V~dedin' fllese'rules the" ~eespaid\ for tIfe 'griwt':or aStlie;cas~maybe: if6r"rimewal,,·of liceila;J'$lifiun~bE!:)ru,ri"'reiftin(bi1!ile~ i',,};, "',i': .. ,;' .I,.

4 •. The rate/:! ()fyv. ag.e.s Fayab~~.t.O by the contractor s~alL nott prescribed under l:he.Minimum such .. erhploymentw::!1eteappH ..' rates have. been fixed. by. agreement, award; :hot less than the~ raites,'sGfixecL .

.. 5.' (a:) incases'where th~ migrant ~W6rRm.enerilplaYed by the contractor perform the same:jjlt;:$imil!U' kind of work l:tsthe ~orkIll~n.9irec.tly:, IOled

. 'by the Principa:lEinployer <:ffthee'Sft1: i'lnt, the wage rates, holidays, hours of and other conditions Q,f, .... /:!e.rvice o,f . migrant worJ,qnen of. the cQlirta:q~o.t; sha~; th ,;,.~ as applicable to the workmen yed

C:,:',: .'

by the Principal Employer o~. the ent on the same !.of or simUar kind

Provided that in the case of any disagreem!Ont with regard to the type of wO:rk, the salne shall be decided by tlie Deputy Chief L~bour Commissioner (Central) ~hose dE1cision ,~~~11 be .. final. J •

y; . (b) ln o~er. cases th,e'~E;e r1i~~~, hol .. i .da.vs. of work and cond~tiol;ls. of .. servrc!:. '1f mitlt!!'ll.nlt workmen of the: contractor shaJl ;'e as

(;' prescribed (in the~e rules.

6. Every migrant workman shall be entitled allo'\i,.-ance, benefits, facilities, etc., as prescribed in the Act and these Rules.

J. ,No female migrant WOrltman shall be . ·,ariYcontl'actOI'·,before 6 a:J.11.' or after

by

Provided that this clause shall not apply to the employ­ment:of female migrant workman 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 to

. the licensillg officel,'.· t

9. The contr~ctor shall co~plY with all the provIsions ·of the Act and, these Rules. \'.- ;.. ,

10. A copy of the licence shall be displllyed prominently at tll.e premises where the migrant workmen are empioyed.

FORM IX

[See rule 15 (2)]

.',: . Applicatio.p, for R~ewal of .Licrn~

1. Name andacldress of the contractor.

2. Number and date of the licence.

3. Date of expiry of the previous licence.

1\ "

4. Wh~ther the licence of thecontractQ~ was suspended or revoked. ' . . '. .

5. Number and date of the crOSsed dem'ant1 draft erielol;ed.

Place ...

Date ..•.

Signature of the Applicant

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

Date of receipt of the application with crossed demand draft No. and date.

Signature of the Licensing Officer

FOIU\f X [See rule .21)

[Form in which to furnish particulars in respect of recl'1Ji,t;IIl~ntlll1d eIIlployment 0:( migrant workman/workmen

".M.' pres<;r~pe~, tlM~r'sub-rule(l) pf Rule 21,' to tll~ autliori­, tie8~pecifiedtfuder the. explanation below I:\ub·section' (2)

of secti~h ,.l;~; qftnter~'State MigT!tnt w~rknien(Regulatidn of Employment'iandConditi6nscif Services) Act, 1979])':

1. Name and 'address' of tlie Contractor ;" ,."

"::2~."~aJne Sfdaddress of the sub"cQntractor th~ough'whom .. ~ recruitment has been made '" . .

. ·S •. Name~d apdress of the establishment •..

4. Name.8.ndaddress .of the !"rincipalEmployer,

~. Name"of .. :the State in which the, place of· ,work is located... . .

6. Name .of the State in which recruitment was made

.:;11. No. Name of Dligrant workirian

'2

Name and

Father'sl Husband's

. name

3

Place and address of the next of kln'.of address of ~i-

,~~Iii'the themi~t workiri~>' / home State

c'r 8

Age Permanent . home address Sex

4 5 G

AIDount of ~.A.tnount of displacement outward journey

allowance paid allowance paid

9 10 ./,

/'~'

Amount of Nature of job " wages fc:irQu~, Date of Date of

ward journey .' required to. be recruitment employment period paid'

U

, ,Detalls of rates of wages and

other allowances p?,yable,

SUbmitted to

(1)

performed

12

Period of contract of employment

16

13

Details of other service

conditions

17

14

'Remarks

18

Signature of Contractqr or his authorised 'representative

Date ...

(Specified authority in the State' in which migrant workman/workmen is/are employed).

(2)

(Specified authority in the State from, . which the migrant workman/workmen has/have been recruited)

Copy fOtylarded to

(The Principal Employer) )

Signature of the: Contractor or his authorised repx:esen­tative.

Date ...

Note: In case where migrant workmen concerned have bOOn recrUi'tea' from more than one States, separate returns shall be submitted in respect of each such State.

FORM XI

[See rule 24]

[Return', to be sent by the Contractor to the authorities . speeifjed~der explanation belqw sub-section: (2).9f sec­. non 12 of Inter-.~tate MigrantWorlmlen (R;egulation of Employment anddonditions ·of Servtce).Act, 1~79] .

1. Name and address of the contractor

BERIES 1 No. 21

2. Name and address of the sub"-contractor thlWU[l;h recruitment has been made ., .

3. Name and address of the establishment,

:4. Name ~({ad.dress; (If the prfuCipal Em~ioyer 5. Name of the State in which the place of

located ...

6. Name of the state in which recruitment was mad~) ..

Name of SI. No. migrant

workirien

1 2

Father'sl Husban(J.'s

name

3

Designation

5

,-="'=-""''''''''''''''''''

Perma.:IlIlnt Place and Date on address of

home address residence Date of which Indicating In home Employment ceased to the State State be employed

--~"-"~'"'.-,,~

7 8 9 10

__ '_'"''''''''''_'''''ffi'''''-'''

Amount of Amount of Details of outward return

rate of Amount of journey journey wages and displacement allowances allowance

other allow- allowance and wages and wages ances paid paid for outward for return

journey paid journey paid

12 13 14 15 li

. Details 01; Amount of Amount of Amount of compensa-

advance, if tion and deductions, adv~ce, if Remarks other allow- if ~y any paid any reco~

ances vered

17 18 19 20 211 ----.--

DECLARATION

I/we hereby declare that all wages, other dues including displacement allowance, outward return journeys allowances and wages for journeys periods payable to migrant workman/ /workmen names above and employed by me/us have been paid by me/us/to him/them.

Place .. . Date .. .

. Submitted f.o

(1)

Signature of the Contractor or his authorised representative

(SpeCified authority in the State in which migrant workman/workmen is/are employed)

(Specified authority in the State from which the migrant workman/workmen has/have been recruited).

Copy forwarded to

(The PrinCipal Employer)

Signature of the Contractor or his authorised representative

Date ...

Note: In 'cas(l where migrant workmen concerned have . been recruited froin more than one Stat(l, seJ;larate returns

shall be submitted lprespect of eachsuchSt~te:; .

21ST AUGUST, 1980 (SRAVANA 30, 1902) 199 ... - ~-.-.- ---~ ----

FORM XiI [See rule 48]

Register of Oontractors

(1) Name and address of the Principal Employer

(2) N:ame and address of the establishment .,.

Period of con- Maximum No. Name and address of· contractor

Nature of work on contract

Location of contract

work

tract of migrant workmen·­

employed by from to contractor

FORM XIII [See Rule 49]

Register of Workmen Employed by Contractor

Name and address of Contractor ...

Name and address of the establishment

Name and Father's/

Name and address of establishment in/under which migrant work­·men are employed .. ,

Name and address of Principal Employer ...

Permanent HOffie

Nature of Address Sl. No. SUl'Hame of Age and Husband's employment/ of migrant

rr' \~ant sex workmen -workman I name designation (village and

Tehsil/Taluk and District)

1 2 3 4 5 6

Date of commence­

ment of eItJ.ploy_ ment

Signature or thumb- Date or

Local Address

-impression termination Reasons for of migrant of employ- termination workman ment

Remarks

7 8 9 10 11 12

Signature of Contractor or his authorised representative

FORM XIV

[See Rule 50]

Service Certificate

Name and address of Contractor ...

Nature ahd location of work : ..

Name and address of the migrant workman .. .

Age 9r Date of Birth ... . Identification Marks .. .

Name and address of establishment in/under which migrant work­men are emplQyed ...

Name and address of Principal Employer .. ,

Father's/Husband's name ."

Total period for which employed S1. No. _______ _

From To

1 2 3

Rate of wages (with

Nature of particulars) work done of unit in

case of piece-work

4 5

Remarks

Signature of Contraotor or his authorised representative

FORM XV

[See Rule 51(1)]

DiSPlacement and outward Journe/'" allowa:nces sheet

Narrieand address of the Contractor ."

./! ,~e and address of the establishment ... .

Name and address of the Principal Employer ...

Month and

S1. No, Name of the mi­grant workman

Father's/Hus­band's name

Permanent home address indicating

the State

1 2

Place & address of residence in

the home State Designation Rate of wages Wages

in H

-----------......,---------~~.--.--

5 6

Place of work Place of re. with address cruitment indicating the

9

Date and time of commence.

ment of journey from the place

of residence

State

10

Expected date and time of

arrival at the place of worlr

7

Railway sta~ tion/bus stand nearest to the

place of residence

11

Details of modes of jour­neys from the place of resi. dence in the home State to

the place of work

-----------_._----_._- .--.~.-.-

13 14 15

------------,-------~-,~--Total of Amount of dis-

amounts indica- placement allo- Amount of. ted in column wance outward jo'urney

no. 16 Rs. Ps. allowance ---- -------------------------_.----.

17 18 19 20 ----------.. --

Signature or Actual date Total Amount Date .on which thumb imp res- and time of

paid paid sion of the mi_ arrival at the grant workman place of work

21 22 23 24

Balance wages Date of payment Signature or for outward of the balance thumb impres-

journey if any, wages indicated sion of the mig- Remarks payable in Col. No. 25 rant workman

------~------.

25 26 27 28

Note: Indicate separately different mode of journeys. Entries are to be made against each individual migrant workman.

Signature of the Contractor or his authorised Representative

Date ...

FORM XVI

[See rule 51 (1)]

Return Journey Allowance Register

Name and Address Contractor

of the Name and Address of the Establishment ...

Name & address of the Principal Employer ...

Name of SI. No. the migrant

workman

1 2

Father's/ Husband's

name

3

Month and Year ...

Place & address Permanent home of residence address indica- in the home Hng the State State

4 5

200.

Designation Rate of wages

6 7

:,'

Railway sta-Hon/bus sta.nd Date and time ne,arestc to the of' commence-place of resi- ment of journey dence in the from the place

,home State of work

___________ w. __

10

Amounts of bus fare and/or

-.- seeond·-class .,'- , train fare andl or other jour~ ney .expenses, 'separate(yas per expected

modes of jour-'n'eyS indicated'

in column No. 13

l'

Total amount . paid .

18. I,.

11

"

Total amounts indicated in

column No, 14

15

Date on which . paid

19

Place of work

8

Expected date and time of

arrival at the residence in home State

12

Amount of return journey

allowance

16

Signature or thumb lmpres­

sion of the migrant workman

~o

Railway St&-tion/bus stand nearest to the

place of wo'rk

9

Expected modes of journeys·

from the place of work to

place of, res i-dence in the home State

13·

Wages for re-turn journey

period

17

Remarks

21

,$ Indicate separately differtmt modes of journey.

". Note: Entries are to be made against each individual inter~Statemigrant workman.

Signature of the Controller or his authorised Representa­tive

Date ...

FORM XVII

[See rule 52(2) (a)]

Muster Roll

Name and Address of Con­tractor ...

Name and Address of Esta­blishment in/under which migrant workmen are em­ployed... ' N:!liture ',' a,nd Location of

work

Name' of S1. No. migrant

wor~~n

Name and Address of Prin­cipal Employer ...

For the month of

Dates Father's/Hus- Sex band's name ---- -'--- Remarks

1 2 345

FORM XVIII {See rule 52 (2) (a)]

R~gister of 'Wages

N.ame and Address of Con­tractor .. ,

Name and Add'ress of Esta­blishment in/under which

. ... _ .. _----- .--~----

Nature and Location of work inter·State: men are

Name and A.ddress cipal Employer

Wage period .,'

Sl Name of inter-State . No. migrant wOJ;kman

Serial No. in the register of workmen

1 2

No. of days worked

5

wages earned

Units of work done

6

3

Daily.rate of wages/piece­

ra.te

Amount

Basic-

-----------------.-...

Dearness allo-wance

9

Deductions, if any (indicate

nature)

13

Overtime

10

Net amount paid

14

Other cash pa.y­ments (Nature of payment to be :indicated)

11

Signature/ Thumb impres,· sion of inter­State migrant

workman

15

FORM XIX

[See rule 52(2) (c)]

16

Register of Deductions for Damage or Los!!;

Name and Address of Con­tractor ...

Name and Address of Esta .. blishment in/under which inter-State migr&"lt work­men are employed. .,_ Nature and Location of work

Name of inter-81. No. -State migrant

workman

1 2

Name and Adress of Prin .. cipal Employer . _ ,

--".-....,.,.....,.,.....,,-=,..

Father's/Hus- Designation/ Particulars

band's name /Nature of of damage employment or loss

-------. 3 4 5

---------------------------------------Whether inter- Name of person -State migrant in whose pre-

Date of damage workman showed sence employee's or loss causes against explanation

Amount of de­duction im­

posed deduction V;'aB heard

---------------------------------------------6

No. of instal­ments

10

7 8

Date of recovery

First instalment Last instalment

11 12

FORM XX

[See rule 52(2) (c)

Register of Fines

Remarks

13

Name and Address of ContractOl' ...

Name and Address of Esta­blishment in/under which inter-State migrant work­men are employed .. _

Nature and location of work _.,

Name and Address of Principal Employer .. _

Sl N Na:ne of inter-Stare' Father's/Hus- Designation/Nature • O. mIgrant workman 're _"".-b_a_n_d_' s_n_a_m_e ____ o_f_e_m_p_l_O_y_m'-en_t __

1 2 ...., B

218P AUGU8T~ 1980 (SRAVANA 30, 1902) ------------._----------_ •. _-----

Act/Omission fo-rwhich .fine

. ~Inposed

7

Wage periods andw!iges

Payable

9

Date of ofl'ence

6

Whether inter­_State mig-rant

wodonan showed cause against fme

7

Amount of fine· Date of which imposed fine Irealised

10 11

FORM XXI

[See rule 52.(2) (c)]

Register of Advances

Name of person in whose pre­

sence employee's e",planation was heard

8

Remarks

12

Name and' Address' of .' Contractor ...

Name and Address of Esta­blishment in/under which inter-State migrant work­men are employed ...

Nature and locatioo of work ...

Name and Address of Principal Employer ...

Nature of Wage pe_ Date and Name of iinter- Father's/Hus- employ- riod and amount of

81. No. -State migrant band's name ment/De- wages pa- advance workman signation yable given

1

Purpose(s) fOT which advance

made

7

2 3 4 5

No. of ins-Date and Date on talments by amount of which last which ad-

v3.l1ce to be each instal- instwlment repaid ment repaid was repaid

8 9

FORM XXII

[See rule 52(2)(d) j

Register of Overtime

10

,

Remark!!

11

Name_ and Address of Contractor ...

Nature and locatioo of work .. ,

Name and Address of Esta­blishment in/under which migrant . workmen are employed ...

Name and Address of Principal Jl!mployer ...

Name- of inter-81. No. -State mig-rant Father's/HU8- Sex,

workman band's name

1 2 3 4

Date on whiCh Total overtime worked. or pro-overtime worked duction in case of piece-rated

7

Designa-tion/Nature of employ-

ment

5

Normwl rates of wages

8 6 J

~-------------------------------------------

Overtime rate of wages

Overtime earnings

-----------------------~ 9 10

Date on which overtime wages

,{; paid

11

Remark.

12

FORM XXIII

[See rule 56(1)]

Return to be sent by the Contractor to Licemri.ng OlficeI Half-Year Ending .......... .

L Name and address of the Contractor:

2. Name and address of the establishment.

3, Name and address of the Principal Employer'

4, Duration of contract: From .,. to

5. No. of days during the half year on which

(a) the establishment of the principal worked ...

(b) the contractors' establishment had

6. Maximum number of i-!Jlter-State migrant employed on any daycluring the half-year: Men . Women Children Total

7. (i) Daily hours of work and spread over.

(ti) (a) whether weekly holiday observed day:

(b) if so, whether it was paid for:

(iii) No. of man-hours of overtime worked:

8. Number of mandays worked by: Men Women Children Total

9. Amount of wages paid: Men Women Children Total

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

10. Amount of deductions from wages, if any: Men Women Children Total

11. Amount of displacement allowance paid: Men Women Children Total

12. Amount of Outward journey allowance paid: Men Women Children Total

had

13, Amount of wages for outward journeys period paid; Men Women Children Total

14. Amount of return journeys allowance paid: Men Women Children Total

15. Amount of wages for return journeys period paid: Men Women Children Total

16. Whether the following have been provided:

(i) Residential accommodation;

(ii) Protective clothing;

(iii) Canteen;

(iv) Rest-room;

(v) Latrine and Urinals;

(vi) Drinking water;

(vii) Creche;

(viii) Medical facilities;

(!x) First Aid.

(If the answer is "yes' state briefly nature/standards pro­vided).

Place .. .

Date .. . Signature of Contractor

FORM XXIV

[See Rule 56(2)]

AnmJal Return of Principal Employer to be lient to the Registering Officer

Year ending 31st December 1, Full name and address of the Principal Employer:

2, Name of the establishment: (a.) District:

202

(b) Postal Address:

(c) Nature of operation/industry/work carried on:

3. Full name of the .Manager or person responsible for supervision and control of the establishment.

4. Number, of contractors who worked in the establish­ment duririg'the year (Give details in AIIDexure) ,

5. Nature of work/operations on which Migrant workman was employed.

6. Total'iullnber' of days during the year on which migrant workman was employed.

7~ Total number of mandays worked for by migrant work· man duriD.g the'year.

8. 'MaximUm number of workmen employed directly on any day duringthe year.

9. Total num~r of days during the year on which direct labour was eIllploye4.

10. Total number of mandays worked by directly employed workmen.. '

11. Change, if any, in the management of the establish­ment, its location, or any other particulars furnished to the

_'.r:·'''·

I

Registering Officer in the appHcation for Registration cating also the dates.

Pilice ... Date ",

ANNEXPRE TO FORM

Name and Address of the contractor

Period of contract

From To Nature

-----:-1--------2-------'---·,--'-'---'

Maximum number or workers employed No, of day,S worklt.d by each contractor

4 .5

[No, S. 16027/10;

R. KUNJITHAPADAM,

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