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PROJECT REPORT –LABOUR LAW
ASSIGNED TOPIC: THE INTER-STATE MIGRANT WORKMEN (REGULATION
OFEMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979 : LICENSING OF CONTRACTORS
SUBMITTED BY SHATAKSHI SHARMA ROLL NUMBER: 609 SUBMITTED TO
Dr. S.C. ROY FACULTY OF LAW: LABOUR LAW
I would like to express my gratitude towards the library staff for their help also. Roy for his valuable suggestions towards the making of this project.ACKNOWLEDGEMENT Any project completed or done in isolation is unthinkable. Further to that. worth mentioning.C. Firstly. SHATAKSHI SHARMA 5th Semester Page 2 . I would also like to thank the persons interviewed by me without whose support this project would not have been completed. although prepared by me. I would like to thank our Professor of Labour Law. S. definitely. is a culmination of efforts of a lot of people. I would also like to express my gratitude towards our seniors who were a lot of help for the completion of this project. The contributions made by my classmates and friends are. Dr. This project.
Books 3. The researcher has made extensive use of the available resources at library of the Chanakya National Law University and also the internet sources. Page 3 . Mode of Citation The researcher has followed the bluebook method of citation throughout the course of this research paper.RESEARCH METHODOLOGY Method of Research The researcher has adopted a purely doctrinal method of research. Journals Method of Writing: The method of writing followed in the course of this research paper is primarily analytical. Aims and Objectives The aim of the project is to present an overview of various aspects relating to PUBLIC CHARITY AND PUBLIC NUISANCE through cases. Cases 2. Sources of Data: The following secondary sources of data have been used in the project- 1. decisions and suggestions and different writings and articles Scope and Limitations Though the study of the this topic is an immense project and pages can be written over the topic but due to certain restrictions and limitations the researcher has not been able to deal with the topic in great detail.
.............2 The Duties of the Contractors towards Ensuring Social Security for Laborers ...............BIBLIOGRAPHY . LICENSING OF CONTRACTORS ................................ 7 2................................................................... 17 Page 4 .............. 5 2...............................................................................INTRODUCTION ....................1 Appointment of licensing officers.......................1 Migrants and Social Security ............................................ 14 3............................................................................................................................................................................................. 7 2........................ 12 3................................................. ROLE OF CONTRACTOR ................................ 15 4.............................CONCLUSION .................................... suspension and amendment of licenses............3 Revocation................................................................................. 12 3..................................... 11 3......................................................................2Licensing of Contractors ........................................................................................................................ 9 3............ 16 5................................................................................................................................................................................................TABLE OF CONTENTS 1............4Appeal ......
"Ecomnomic and Political Weekly.1 The finance capital‘s thrust for cheap labour to bring down the cost of production in an environment of cut throat competition has given a powerful impetus to the phenomenon of migration of labour both within as well as outside the country. destination and characteristics may vary. settle and practice any profession. "Trends in Urban Poverty under Economic reforms: 1993-94 to 2004-2005.2010.GOI with Support of UNDP Page 5 . This movement in terms of duration. The Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Act. 1979. Object of this act is to protects the dignity of life and the interests of the workers whose services are requisitioned outside their native states in India. and non-skilled workman. The right to social security is basic human right of an individual and essential for the society development and progress. Problems related to their accommodations. XLV no. unskilled. The migration of the workers from rural to sub-urban. The migration affects the equilibrium at the place of origin and destination in terms of employment opportunity. and from these places to the urban area particularly the metropolitan city has seen steady rise. there is need for a machinery that could aid the cause of these poor workers and solve their problems easily. This in general applies to the migrants who leave the place of origin in search of jobs and includes skilled. provisions for housing. The issue of the right to the social security of the migrant is mandated in the fundamental and inalienable constitutional right to freely move. or to carry any trade in any part of the territory of India.2 The government has made an act viz.1. reside.at page 4 2 India-Urban Poverty Report (2009).INTRODUCTION Migration is a complex phenomenon involving the movement of person. Ministry of Housing and Urban Poverty Alleviation . Vol. The migration of labour has created a totally unregulated labour market where finance capital will have its sway over the entire gamut of labour relationsWith all the migration of people from place to place in search of their livelihood there are many problems encountered by these people when they go out to work. group from one place to another. These provision forms essential component for the social security. Jan. and other means of sustenance. 4. Whenever an employer faces shortage of skills among the locally available workers. food and also related to the work condition so. basic amenities. the act creates provision to employ better skilled 1 Utsa Patnaiak.
including payments and advances. The Act followed the recommendations of a committee set up by the Labour Minister's Conference in 1976. the principal employers shall pay equal or better wages to interstate migrant workmen performing similar nature of work by the local workmen or stipulated minimum wages under the Minimum Wages Act. In addition the interstate workers shall be paid displacement allowance. 1948 whichever is more. prescribed medical facilities and protective clothing. The contractor are then authorised to issue a passbook to every worker. and notify accidents and casualties to specified authorities and kin. Page 6 . Under the Act. This act deals with the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith. and pay each worker a displacement allowance and a journey allowance and to pay timely wages equal to or higher than the minimum wage. It includes all the necessary provisions to monitor the concerned cause. Contractors and establishments are required to be licensed and registered by a notified registering authority. provide suitable residential accommodation. They shall be provided with suitable residential accommodation and medical facilities free of charge on mandatory basis. home journey allowance including payment of wages during the period of journey. Parliament passed the Inter State Migrant workmen (Regulation and Conditions of Service) Act 1979 specifically to deal with malpractices associated with the recruitment and employment of workers who migrate across state boundaries. giving details about the worker. It provides a regime for uniform and effective law to meet the constitutional obligation of conferring the migrant workers and their family's right to live with human dignity. While employing the interstate workers.workers available outside the state. The Act covers only interstate migrants recruited through contractors or middlemen and those establishments that employ five or more such workers on any given day.
5 Migrants at the lower end of the market comprise mostly unskilled casual labourers or those who own or hire small means of livelihood such as carts or rickshaws and are self. live in deplorable conditions. they have 3 R. Migrant labourers are exposed to large uncertainties in the potential job market. ROLE OF CONTRACTOR 2.2. In the source areas. New Delhi. crowded into the lower ends of the labour market. Those working in quarries.employed. Labourers working in harsh circumstances and living in unhygienic conditions suffer from serious occupational health problems and are vulnerable to disease.58th round. Migrant labourers. migration has both negative and positive consequences for migrants and their families. Indo-Dutch Series on Development Alternatives 16. This has been envisioned by the constitution maker in the object statement of the Constitution. A socialist state is one that accepts the responsibility for providing and ensuring 'Social Security' to its entire citizen without discrimination. Chapter-VIII. In. Directive principle of state policy and the conventions and covenants we have accepted as members of the inter-governmental organisations. have few entitlements vis a vis their employers or the public authorities in the destination areas. The state has been described as the democratic and the socialistic state. A democratic state is a state that is based on the concept of equality and accountability. Teerink . migration and its impact on Khandesi Women in Sugar Cane Harvest. 5 Report of the Second National Labour Commission.4 The preamble of the constitution of India recognises the individual as the building block of the institution whose dignity and integrity can be protected by bestowing upon him the economic. whether agricultural or non-agricultural. 3 The right to social security is basic and inalienable human right essential for human being to lead a dignified life. There is no provision of safe drinking water or hygienic sanitation. Sage Publication(1995) 4 National Sample Survey Organisation. construction sites and mines suffer from various health hazards. To begin with.9 Page 7 . social and political justice. They have meagre personal assets and suffer a range of deprivations in the destination areas. Para8. fundamental rights.1 Migrants and Social Security Poorer migrant workers.
economic and political. In. For a number of industries. men and women equally . Teerink . Srivastava. to education and to public assistance in case unemployment. to enter into an avocations unsuited to their age. Indo-Dutch Series on Development Alternatives 16.little knowledge of the market and risk high job search costs. industrial or otherwise . condition of work ensuring a decent standard of life and full enjoyment of leisure and 6 R.9 The state shall endeavour to secure by suitable legislation or economic organisation or any other way to all worker‘s. these middlemen are known to the job seekers and may belong to the source area. migrants move to the destination areas of their own12. The State shall . a) that the citizens. agricultural. and endeavour to eliminate inequities in the status . In other cases. old age. (iii) The state shall make within the limits of its economic capacity and development effective provision for securing the right to work. a living wage . The state shall. as effectively as it may. social. Sage Publication(1995) 7 Ravi S. The perceived risks and costs tend to be higher the further they are from home. in particular strive to minimise inequities in income. recruitment is often done through middlemen. direct its policy towards securing . 6There are several ways in which migrants minimise risks and costs. often sharing kinship ties. New Delhi. Contractors.38 of the Constitution of India 9 Art. b) that the health and strength of workers. in particular. labourers are sometimes recruited at bus stands or employers often go to the source area and recruit labourers. In West Bengal. c) that children are given opportunities and facilities to develop in a healthy manner in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. seek jobs and work. are the other medium for recruitment in the agricultural and rural sectors7 The DPSP under the provision8states that the state shall strive to promote the welfare of the people by securing and protecting. facilities and opportunities not only amongst groups of people residing in different areas or engaged in different vocation. sickness and disablement and in other cases of undeserved want. The movement of migrants in groups. have an adequate means to livelihood . also provides some protection in the context of the harsh environment in which migrants travel. migration and its impact on Khandesi Women in Sugar Cane Harvest.41 of the Indian Constitution. shall inform all the institution of the national life. Page 8 . In many cases. Supra 4 8 Art. work. men and women and tender age of children are not abused and that citizens are not forced by the economic necessity . a social order in which justice.
by whatever name called. agent. -(i) the name and place of the establishment wherein the workman is employed. Therefore the Indian constitution visualises a regime of social security for citizen of India in general and the workforce in particular. and includes a sub-contractor. in relation to an establishment. such change shall be notified to the specified authorities of both the State. within fifteen days from the date of recruitment. or. Sec 12 has to deal with the Duties and other Obligations of the Contractors. and where the language of the workman is not Hindi or English. The act has also established the Do‘s and the Don‘ts for such contractors and ensured that the working of the firm is monitored by law. as the case may be. (iv) the displacement allowance payable. to the specified authority in State from which an inter-State migrant workman is recruited and in the State in which such workman is employed. 10 11 Art. (ii) the period of employment. Khatadar. and where any change occurs in any of the particulars so furnished. (iii) the proposed rates and modes of payment of wages. other than a mere supply of goods or articles of manufacture to such establishment. sardar. It shall be the duty of every contractor. employee or otherwise) to produce a given result for the establishment. means a person who undertakes (whether as an independent contractor.2 The Duties of the Contractors towards Ensuring Social Security for Laborers The act defines a ―Contractor‖11. a pass –book affixed with a passport size photograph of the workman and indicating in Hindi and English languages. also in the language of the workman. who recruits or employs workmen. the date of employment. (b) to issue to every inter-State migrant workman. by the employment of workmen or to supply workmen to the establishment.social and cultural opportunities10. (a) to furnish such particulars and in such form as may be prescribed. agent or any other person. 2.43 of the Indian Constitution under sec 2(b) if Interstate Migrant Workmen Act Page 9 .
(2) The contractor shall maintain the pass-book referred to in sub-section (1) up-do-date and cause it to be retained with the inter-State migrant workman concerned. (vi) deductions made. 16 ―specified authority‖ means such authority as may be specified by the appropriate Government in this behalf. (c) to furnish in respect of every inter-State migrant workman who ceases to be employed. which shall include a declaration that all the wages and other dues payable to the workman and the fare for the return journey back to his State have been paid. For the purposes of this section and Sec. to the specified authority in the State from which he is recruited and in the State in which he is employed. a return in such form and in such manner as may be prescribed. and (vii) such other particulars as may be prescribed.(v) the return fare payable to the workman on the expiry of the period of his employment and in such contingencies as may be prescribed and in such other contingencies as may be specified in the contract of employment.12 12 Section 12 of Interstate Migrant Workmen Act Page 10 .
13 Subject to the provisions of this Act. 1987. (a) of sub-section (1) of Sec. by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the recruitment is made. persons from another State (whether or not in addition to other workmen) except under and in accordance with a license issued in that behalf.3. (a) of sub-section (1) of Sec. It states: With effect from such date 25th June. --(i) if such establishment is an establishment referred to in sub-clause (i) of Cl. (a) of sub-section (1) of Sec. except under and in accordance with a license issued in that behalf. no contractor to whom this Act applies shall. if such establishment is an establishment referred to sub-clause (ii) of Cl. recruit any person in State for the purpose of employing him in any establishment situated in another State. made under Sec. 2 by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the establishment is situated.LICENSING OF CONTRACTORS The act makes various provisions related to the contractor‘s right from its licensing to certain other things that are essential for the working of this machinery of Migrant Labourers. Chapter III of the Act is dedicated to Licensing of the contractors. 2. (a) of subsection (1) of Sec. (ii) if such establishment is an establishment referred to in sub-clause (ii) of Cl. 2. employ as workmen for the execution of any work in any establishment in any State.clause (i) of Cl. by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the recruitment is made. 35 and shall be issued on payment of such fees as may be prescribed: 13 Supra15. fixation of wages and other essential amenities in respect of the inter-State migrant workmen. as the appropriate Government may deem fit to impose in accordance with the rules. the terms and conditions of the agreement or other arrangement under which the workmen will be recruited. the remuneration payable. a license under sub-section (1) may contain such conditions including in particular. hours of work. if such establishment is an establishment referred to in sub. if any. NCRL (1991) Page 11 . 2 by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the establishment is situated.
2Licensing of Contractors For Licensing of contractors there is a certain procedure which is required to be followed as provided in section 8 of Interstate Migrant Workmen Act. 3. appoint. being officers of Government. the wages payable to them. a license to furnish any security for the due performance of the conditions of the license. -(a) recruit any person in State for the purpose of employing him in any establishment situated in another State.Provided that if for any special reasons.A detailed Study” available at http://www. he may after communicating such reasons to such person and giving him an opportunity to represent his case.14 The security which may be required to be furnished under the provision to sub-section (2) shall be reasonable and the rules for the purposes of the said proviso shall. within which a licensing officer shall exercise the jurisdiction sand powers conferred on licensing officers by or under this Act. visited on 17 Oct 2011 Page 12 . It provides thatthe appropriate Government may. for continuing to hold the license. the licensing officer is satisfied that it is necessary to require any person who has applied for. determine in accordance with the rules made in this behalf the security which shall be furnished by such person for obtaining or.labourfile.org/cec1/cec. the facilities which shall be afforded to them and other relevant factors provide for the norms with reference to which such security may be determined.1 Appointment of licensing officers Section 7 of this act deals with the Appointment of licensing officers it provides that The appropriate Government may. no contractor to whom this Act applies shall. or who has been issued. ―Migrant Labour. and define the limits. by notification in the official Gazette. except under and in accordance with a licence issued in that behalf— 14 Ankit Kr Mishra. as it thinks fit to be licensing officers for the purposes of this Chapter. by order notified in the official Gazette appoint such persons. on the basis of the number of workman employed. 3. as the case may be.
(i) if such establishment is an establishment referred to in sub-clause (i) of Cl. fixation of wages and other essential amenities in respect of the inter-State migrant workmen. for continuing to hold the licence. by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the recruitment is made. as the appropriate Government may deem fit to impose in accordance with the rules. by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the recruitment is made. 35 and shall be issued on payment of such fees as may be prescribed: Provided that if for any special reasons. the licensing officer is satisfied that it is necessary to require any person who has applied for. 2. (a) of sub-section (1) of Sec. made under Sec. hours of work. (a) of sub-section (1) of Sec. (2) Subject to the provisions of this Act. a licence to furnish any security for the due performance of the conditions of the licence. a licence under sub-section (1) may contain such conditions including in particular. determine in accordance with the rules made in this behalf the security which shall be furnished by such person for obtaining or. (3) The security which may be required to be furnished under the proviso to sub-section Page 13 . (a) of sub-section (1) of Sec. the remuneration payable. (a) of sub-section (1) of Sec. if any. he may after communicating such reasons to such person and giving him an opportunity to represent his case. 2. or who has been issued. the terms and conditions of the agreement or other arrangement under which the workmen will be recruited. 2 by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the establishment is situated. -(i) if such establishment is an establishment referred to in sub-clause (i) of Cl. (b) employ as workmen for the execution of any work in any establishment in any State. (ii) if such establishment is an establishment referred to sub-clause (ii) of Cl. persons from another State (whether or not in addition to other workmen) except under and in accordance with a licence issued in that behalf. (ii) if such establishment is an establishment referred to in sub-clause (ii) of Cl. as the case may be. 2 by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the establishment is situated.
or the holder of a license has. either on a reference made to him in this behalf or otherwise. without reasonable cause. operation or work for which inter-State migrant workmen are to be employed and such other particulars as may be prescribed. the wages payable to them. without prejudice to any other penalty to which the holder of the license may be liable under this Act.Supranote 14 Page 14 . the facilities which shall be afforded to them and other relevant factors provide for the norms with reference to which such security may be determined. This section provides that every application for the grant of a licence under sub-section (1) of Sec.8 has been obtained by misrepresentation or suppression of any material fact.(2) shall be reasonable and the rules for the purposes of the said proviso shall.15 3. The licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation. that. after giving the holder of the license an opportunity to be heard by order in writing. failed to comply with the conditions subject to which the license has been granted or has contravened any of the provisions of this Act or the rules made thereunder. a license granted under Sec. 8 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment. Suspension means a temporary abrogation or cessation. on the basis of the number of workman employed. Revocation of licenses means the act or an instance of revoking the licensing if it is not in accordance with the provisons as provided under this act. While following the due procedure as provided in section 8 of this act licences are granted to the contractors authorizing intermeddlers or contractors. shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed. revoke the licence or forfeit the security furnished by him under the proviso to sub-section of Sec. And further provides that licence granted under Sec. 8. then. the licensing officer shall follow such procedure as may be prescribed.3 Revocation. the nature of process. the licensing officer may. 8 or any part thereof and communicate the order to the holder of the license: 15 16 Section 8 of Interstate Migrant Workmen Act Ankit Kumar Mishra. suspension and amendment of licenses.16 Revocation or suspention is done If the licensing officer is satisfied.
by order. Sec. he may.Provided that where the licensing officer consider it necessary to do so for any special reasons. such order along with a statement of the reasons on the holder of the licence and such order shall take effect on the date on which such service is effected. 5. 18 17 18 Section 9 of Interstate Migrant Act Section 10 Page 15 . 8 or Sec. Sec. 10 may. Subject to any rules that may be made in this behalf. pending such revocation or forfeiture. 4.17 3. prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate Government: Provided that the appellate officer may entertain the appeal after the expiry of the said period of the thirty days. the licensing officer may vary or amend a licence granted under Sec 8. suspend the operation of the licence for such period as may be specified in the order and serve. within thirty days from the date on which the order is communicated to him. if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. the appellate officer shall. after giving the appellant an opportunity of being heard.4Appeal Any person aggrieved by an order made under Sec. dispose of the appeal as expeditiously as possible. by registered post. (2) On receipt of an appeal under sub-section 91).
migrant labour became institutionalized in India and regular. notify accidents and causalities to specified Authorities and kin. The record of prosecutions or dispute settlement is almost nil. the practical situation exists as it is and one has to start from a scratch. but also important constituents of society. long-term relationships between job providers and migrant laborers were established. Page 16 . The Act provides right to raise Industrial Disputes in the provincial jurisdiction where they work or in their home province. It lays down that contractors must pay timely wages equal or higher than the minimum wage provide suitable residential accommodation.CONCLUSION Over time. Needless to say. prescribed medical facilities protective clothing. By now. The act sets penalties including imprisonment for non-compliance. Laws and huge plans are made for these people but all on papers. that the Act remained only on the paper.4. can not be expressed in words. Migrant laborers have not only become an integral part of India‘s economy. At the same time the act provides an escape route to principal employers if they can show that transgressions were committed without their knowledge. systems of migration have become regularized and various types of contractual systems have emerged. The Migrant Labourers face additional problems and constraints as they are both labourers and migrants But. the problem is that these constituents are continuously fighting for their survival and the brutal situation they are in.
GOI with Support of UNDP Page 17 . Sage Publication(1995) REPORT National Sample Survey Organisation. 2007. Avtar Singh. New Delhi. XLV no. P. 4.. New Delhi. migration and its impact on Khandesi Women in Sugar Cane Harvest.BIBLIOGRAPHY STAUTES the Constitution of India. Prentice Hall of India Pvt. 2008). Labour and Industrial Laws.at page 4 R. In.. Jan. (Prentice Hall of India Private Ltd.K.5. Introduction to Labour and Industrial Law (Ed. Ministry of Housing and Urban Poverty Alleviation . "Trends in Urban Poverty under Economic reforms: 1993-94 to 20042005.58th round. Ltd. ‗Introduction to the Constitution of India‘ . 1950 Interstate Migrant Workmen Act BOOKS Basu Durga Das (1993).2010. Nagpur. Lexis Nexis Butterworths Wadhwa. Report of the Second National Labour Commission.) Utsa Patnaiak. Teerink . Padhi. Chapter-VIII India-Urban Poverty Report (2009). Indo-Dutch Series on Development Alternatives 16.2nd. Vol."Ecomnomic and Political Weekly. New Delh Dr.
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