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Bihar Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1980

1. Short title and commencement. 2. Definitions. 3. Manner of making application for registration of establishment. 4. Issue of certificate of registration. 5. Circumstances in which application for registration may be rejected. 6. Amendment of Certificate of registration. 7. Application for Licence. 8. Matters to be taken into consideration in granting or refusing a Licence. 9. Refusal to grant licence. 10. Security. 11. Forms and terms and conditions of Licence. 12. Fees. 13. Amendment of Licence. 14. Renewal of Licence. 15. Period of renewal of the Licence. 16. Issue of duplicate certificate of registration or Licence. 17. Refund of Security. 18. Appeals and procedure. 19. Obtaining of copies of orders. 20. Payment of fees and security deposits. 21. Particulars of migrant workmen. 22. Return fare. 23. Pass Book. 24. Return and Reports. 25. Rate of wages. 26. Wage period. 27. 28. Time of payment of wages. 29. Payment on termination. 30. Mode of payment. 31. 32. 33. 34. 35. 36. Holidays, hours of work and other conditions of service. 37. Medical facilities. 38. Protective clothing. 39. Drinking Water, Latrines, urinals and washing facilities. 40. Rest rooms. 41. Canteens. 42. Latrines and urinals. 43. Washing Facilities. 44. Creche. 45. Residential accommodation. 46. Liability of the Principal Employer in certain cases. 47. Relaxation in certain cases. 48. Registers of contractors. 49. Register of Persons employed. 50. Service Certificate. 51. Displacement-cum-outward Journey allowances sheet and return journey allowances register. 52. Muster roll, wages register, deductions register and overtime register. 53. Maintenance and preservation of registers. 54. Display of an abstract or the Act and the Rules. 55. Notices. 56. Periodical returns. 57. 58. Legal aid.

Published vide Notification No. S.O. 360, Bihar Gazette Extraordinary No. 287, dated 10th March, 1981

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S.O. 360, dated 10th March, 1981. - The following draft of Rules which the Governor of Bihar proposes to make in exercise of the powers conferred by Section 35 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), is hereby 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 the said draft Rules will be taken into consideration on or after the expiry of fifteen days from the date of publication of this notification in the Bihar Gazette.

Any objections or suggestions which may be received from any person with respect to the said draft before the expiry of the period so specified will be taken into consideration by the State Government.

CHAPTER I

Preliminary

  1. Short title and commencement.- (1) These Rules may be called the Bihar Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1980.

(2) They shall come into force on the date of their publication in the Bihar Gazette.

  1. Definitions.- In 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, 1979;

(b) "Appellate Officer" means an appellate officer nominated by the State Government under Section 11 of the Act;

(c) "Commissioner of Labour, Bihar" means an officer as such appointed by the State Government;

(d) "Form" means a Form appended to these Rules;

(e) "Inspector" means an inspector appointed by the State Government under Section 20 of the Act;

(f) "licensing officer" means the licensing officer appointed by the State Government under Section 7 of the Act;

(g) "migrant workman" means an inter-State migrant workman as defined in Section 2;

(h) "Registering officer" means the registering officer appointed by the State Government under Section 3;

(i) "Section" means a Section of the Act;

(j) "Specified authority" means the authority specified by the State Government for the purposes of Section 12 and 16; and

(k) All other words and expressions used in these Rules but not defined therein shall have the meanings respectively assigned to them in the Act.

CHAPTER II

  1. Manner of making application for registration of establishment.- (1) The application referred to in sub-section (1) of Section 4 shall be made in triplicatein Form I to the Registering Officer of the area in which the establishment sought to be registered is located.

(2) The application referred to in sub-rule (1) shall be accompanied by a treasury challan showing payment of the fees for the registration of the establishment.

(3) Every application referred to in sub-rule (1) shall be either personally delivered to the Registering Officer or sent to him by registered post with A/D.

(4) On receipt of the application referred to in sub-rule (1), the Registering Officer shall, after noting thereon the date of receipt by him of the application, grant an acknowledgement to the applicant.

  1. Issue of certificate of registration.- (1) Where an application in Form Ihas been received, the registering officer shall, on being satisfied about the correctness of the statements made therein, register the establishment and 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 or registration have been 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.

  1. Circumstances in which 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 within fifteendays 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 knowingly and deliberately omits or fails to do so within the time specified in this behalf, the Registering Officer may reject the application for registration.

(3) If, in the opinion of the Registering Officer, a principal employer from whom application for registration has been received, on enquiry by a competent officer, has been found to have been involved in activities which are injurious to social harmony or interest or does not have any honourable means of livelihood, or that the interest of migrant workmen would not be safe in the hands of such a person, he may reject the application for registration.

  1. Amendment of Certificate of registration.- (1) Every intimation under sub-rule (3) of Rule 4 shall be accompanied by the current certificate of registration and a treasury challan showing the payment of a fee of Rs. 5 (rupees five) only plus an amount, if any, by which the fee that should have been payable if the certificate of registration had originally been issued in the amended Form exceeds the amount of fee originally paid for the certificate of registration.

(2) Where on receipt of the intimation under sub-rule (3) of Rule 4, the Registering Officer is satisfied that an amount higher than the amount which 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 the treasury receipt showing such deposit within fifteendays.

(3) Where an intimation referred to in sub-rule (3) of Rule 4 has been received and 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 changes which have 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.

(4) After the register in Form III has been amended, the Registering Officer shall also make corresponding entries in the certificate of registration in Form II under his own signature and seal of office and return it to the principal employer.

  1. Application for 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 intriplicatein 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 triplicate in Form V to the licensing officer having jurisdiction in relation to the area wherein the establishment is situate.

(3) (i) Every application for the grant of a licence under sub-rule (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 migrant workmen, 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 with A/D.

(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 by him of the application give an acknowledgement to the applicant.

(5) Every application referred to in sub-rule (1) or sub-rule (2) shall also be accompanied by a treasury challan showing payment of the fees as required under Rule 12 as well as of the security deposit as determined under Rule 10.

  1. Matters to be taken into consideration in granting or refusing a Licence.- In granting or refusing to grant a licence, the Licensing Officer shall take the following matters into consideration, namely: -

(a) Whether the applicant -

(i) is a minor; or

(ii) is of unsound mind and stands so declared by a competent court; or

(iii) is an undischarged insolvent; or

(iv) has been convicted, at any time during the period of five years immediately preceding the date of application, of an offence which, in the opinion of the State Government, involves moral turpitude; or

(v) has, on enquiry by a competent officer, been found to have been involved in activities which are injurious to social harmony or interests, or does not have any honourable means of livelihood, or that the interests of migrant workmen would not be safe in the hands of such a person.

(b) Whether any order has been made in respect of the applicant under sub-section (1) of Section 10 and, if so, whether a period of three years elapsed from the date of that order;

(c) Whether the fees of the application has been deposited at the rates specified in Rule 12; and

(d) Whether security, wherever necessary, has been deposited by the applicant at the rates specified in sub-rule (1) of Rule 10.

  1. Refusal to grant licence.- (1) On receipt of the application from the contractor, and as soon as possible thereafter, the licensing officer shall investigate or cause investigation to be made to satisfy himself about the correctness of the facts and particulars furnished in such application and the eligibility of the applicant for a licence.

(2) (i) Where the Licensing Officer is of the opinion that the licence should not be granted, 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 applicant.

  1. 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 number of persons proposed to be employed, their period of employment, rates of wages payable to them, places of employment, facilities which shall be afforded to the workmen and other relevant factors as specified in sub-section (3) of the said section and determine the amount of the security to be furnished by such person, which shall not exceed fortyper cent of the amount estimated by him:

Provided that the amount of security to be furnished by any such person shall not be less than twenty times of the amount payable by him by way of fee for the licence.

(2) Where the applicant for the licence was holding a licence in regard to another work and that licence has expired the Licensing Officer, if he is of the opinion, 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 for 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.

  1. Forms and terms and conditions of Licence.- (1) Every licence issued under clause (a) and clause (b) of sub-section (1) of Section 8 shall be in Form VIIIand Form VIII-Arespectively.

(2) Every licence granted under sub rule (1) or renewed under Rule 14 shall be subject to the following conditions, namely :-

(i) the licence shall be non-transferable;

(ii) the terms and conditions of the agreement or other arrangements under which the migrant workmen is recruited or employed will be observed;

(iii) the number of migrant workmen recruited or employed shall be specified;

(iv) the number of workmen recruited or employed as migrant workmen in the establishment, shall not on any day, exceed the maximum number as 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, for such employment and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed;

(vi) save as provided in these 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 kind 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 same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work:

Provided that in case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner of Labour, Bihar whose decision thereon shall be final;

(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;

(viii) every migrant workman shall be entitled to allowances, benefits, facilities, etc., as prescribed in the Act and the Rules;

(ix) no female migrant workmen shall be employed by any contractor before 6 a.m. or after 7 p.m.:

Provided that this clause shall not apply to the employment of female migrant workmen in Pit-head Baths, Creches and Canteens and Mid-wives 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 within fifteen days;

(xi) the contractor shall comply with all the provisions of the Act and the Rules;

(xii) a copy of the licence shall be displayed prominently at the premises where the migrant workmen are employed;

(xiii) the period for which the licence shall be valid.

(3) The Licensing Officer shall maintain a register in Form VIII-B showing the particulars of the contractors in relation to whom licences have been issued by him.

  1. Fees.- (1) The fees to be paid for the grant of certificate of registration of an establishment under Section 4 shall be as specified below :-

If the number of migrant workmen proposed to be employed in the establishment on any day -

Rs.
(a) is 5 but does not exceed 20 ... 45.00
(b) exceeds 20 but does not exceed 50 ... 112.00
(c) exceeds 50 but does not exceed 100 ... 225.00
(d) exceeds 100 but does not exceed 200 ... 450.00
(e) exceeds 200 but does not exceed 400 ... 900.00
(f) exceeds 400 ... 1,125.30

(2) The fees to be paid for the grant of licence under Section 8 shall be as specified below: -

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

Rs.
(a) is 5 but does not exceed 20 ... 20.00
(b) exceeds 20 but does not exceed 50 ... 40.00
(c) exceeds 50 but does not exceed 100 ... 80.00
(d) exceeds 100 but does not exceed 200 ... 160.00
(e) exceeds 200 but does not exceed 400 ... 320.00
(f) exceeds 400 ... 400.00
  1. Amendment of Licence.- (1) A licence issued under Rule 11 or renewed under Rule 14 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 within thirtydays from the date when occasion for such amendment arises.

(3) Every intimation under sub-rules (1) and (2) shall be accompanied by the current licence and a treasury Challan showing the payment of a fee of Rs. 5 (Rupees five) only plus an amount, if any, by which the fees that would have been payable if the licence had been originally issued in the amended form exceeds the fee originally paid for the licence.

(4) Where on receipt of the intimation under sub-rules (1) and (2) the Licensing Officer is satisfied that an amount higher than the amount which has been paid by the contractor as fees for the grant of a licence is payable, he shall require such contractor to deposit a sum, which together with the amount already paid by such contractor would be equal to such higher amount of fees payable for the grant of a licence and to produce a treasury receipt showing such deposit within fifteen days.

(5) Where an intimation referred to in sub-rule (2) has been received and the Licensing Officer is satisfied that there has occurred a change in the particulars of the licence as entered in the Register in Form VIII-B, he shall amend the said register and record therein the changes which have 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 Licensing Officer shall not carry out any amendment in the Registrar in Form VIII-B unless the appropriate fees have been deposited by the contractor.

(6) After the register in Form VIII-B has been amended the Licensing Officer shall also make corresponding entries in the licence in Form VIII and Form VIII-A, as the case may be, under his own signature and seal of office and return it to the contractor.

(7) Where the application for amendment is refused, the Licensing Officer shall record the reasons for such refusal and communicate the same to the applicant.

  1. Renewal of Licence.- (1) Every contractor may apply to the Licensing Officer for renewal of the licence.

(2) The application for renewal of the licence 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 licence shall be deemed to have been renewed unital such date when the renewed licence is issued.

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

Provided that if the application for renewal is not received within the time specified in sub-rule (2), a fee of twenty-five per cent for every quarter in excess of the fee ordinarily payable for the licence shall be payable for such renewal:

Provided further that in case where the Licensing Officer is satisfied that the delay in submission of the application is due to unavoidable circumstances beyond the contractor, he may reduce or remit as he deems fit the payment of such excess fee.

  1. Period of renewal of the Licence.- Every licence renewed under Rule 14 shall remain in force for a further period of twelvemonths from the date of the order of renewal.
  2. Issue of duplicate certificate of registration or Licence.- Where a certificate of registration or licence granted or renewed under the preceding Rules has been lost, defaced or accidentally destroyed, a duplicate thereof may be granted on payment of a fee of Rs. 10 (Rupees ten) only by treasury Challan.
  3. Refund of Security.- (1) (i) On the expiry of the period of licence the contractor may, if he does not intend to have his licence renewed or got the security amount adjusted in respect of his fresh application for Licence in terms of sub-rule (2) of Rule 10 make an application to the Licensing Officer for the refund of the security, if any deposited by him under Rule 10.

(ii) If the Licensing Officer is satisfied that there is no breach of the conditions of licence or there is no order under Section 10 for the forfeiture of security or any portion thereof, he shall direct the refund of the security to the applicant.

(2) If there is any order directing the forfeiture of the whole or any part of the security, such amount to be forfeited shall be deducted form the security deposit, and balance, if any, shall be refunded to the applicant.

(3) The application for refund shall, as far as possible, be disposed of within sixty days of the receipt of the application.

  1. Appeals and procedure.- (1) (i) Every appeal under Section 11 shall be preferred in the form of a memorandum signed by the appellant or his authorised agent and presented to the appellate officer in person or sent to him by registered post with A/D.

(ii) The memorandum shall be accompanied by a certified copy of the order and Treasury Challan for Rs. 25 (Rupees twenty-five) only.

(2) The memorandum shall set forth precisely and under distinct heads the ground of appeal to the order appealed from.

(3) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) it may be rejected or returned to the appellant for the purpose of being amended within a period of fifteen days.

(4) Where the Appellate Officer rejects the memorandum of appeal under sub-rule (3), he shall record the reasons for such rejection and communicate the same to the appellant.

(5) Where the memorandum of appeal, is in order,.the Appellate Officer shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in the register of appeals kept for the purpose.

(6) (i) When the appeal has been admitted, the Appellate Officer shall send a notice to the Registering Officer, the Licensing Officer, as the case may be, from whose order the appeal has been preferred. The Registering Officer and the Licensing Officer, as the case may be, shall thereupon send the record of the case to the Appellate Officer.

(ii) On receipt of the record, the Appellate Officer shall send a notice to the appellant to appear before him on such date and time as may be specified in the notice for the hearing of the appeal.

(7) If, on the date so fixed for the hearing, the appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant.

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

(ii) An application under clause (i) shall unless the Appellate Officer extends the times for sufficient reason, be made within thirty days from the date of dismissal.

(9) (i) If the appellant is present when the appeal is called on for hearing, the Appellate Officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for 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.

  1. Obtaining of copies of orders.- A copy of the order of the Registering Officer, Licensing Officer or Appellate Officer may be obtained on production of a Treasury Challan showing payment of fees of Rs. 5 (Rupees five) only per copy of each order on application specifying the date and other particulars of the order made to the officer concerned.
  2. Payment of fees and security deposits.- (1) All fees payable under these Rules for registration, licensing, renewal of licences, appeals, etc., shall be paid in the local treasury under the head of account "087-Labour and Employment-Fees under the Bihar Inter-State Migrant Workmen-Regulation of Employment and Condition of Service Rules, 1980".

(2) The amount of security deposit shall be paid in the local treasury under the head of account "Deposits Advances (b)-Deposits not bearing interest-843-Civil Deposits-Security Deposits".

CHAPTER III

Duties of the Contractor

  1. Particulars of migrant workmen.- (1) Every contractor shall furnish to the specified authorities the particulars regarding recruitment and employment of migrant workmen inForm X.

(2) The particulars shall be either personally delivered by the contractor to the concerned specified authorities or sent to them by registered post with A/D.

(3) Every contractor shall also furnish particulars in respect to workmen recruited for working in establishments for which the appropriate Government in the Central Government, to the Superintendent of Labour and the District Magistrate of the State Government.

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

(a) termination of service before the expiry of the period of employment for any reason whatsoever;

(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 employment by the contractor.

  1. Pass Book.- (1) In the pass-book referred to in clause (b) 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 earned/deductions, if any, made/ net amount paid and signature of contractor or his duly authorised representative with date; and these entries shall be made separately in respect of each wage period within three days from the date of payment;

(d) name and address 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 of the migrant workman intimating death or the nature of serious bodily injury sustained by the migrant workman, as the case may be, date, place and nature of accident. The contractor shall further send written report to the specified authorities concerned and the next of the kins of the migrant workman, undermentioned particulars, by registered post with A/D within 24 hours of the occurrence of the accident: -

(i) Name of the migrant workman;

(ii) Date, place and nature of accident;

(iii) Condition of the migrant workman (if alive);

(iv) Action taken by the contractor/principal employer;

(v) Remarks.

(3) If the contractor fails to send the telegraphic intimation under/or written report as required under sub-rule (2), the principal employer shall comply with the requirements of sub-rule (2) as early as possible but in any case not later than 48 hours of the time of occurrence of the accident.

  1. Return and Reports.- Every contractor shall furnish a return regarding migrant workmen who have ceased to be employed in Form XIto the specified authorities concerned either personally or by registered post with A/D so as to reach them not later than 15 days from the date of migrant workman ceases to be employed.

CHAPTER IV

  1. Rate of wages.- The rate of wages of 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 the rate of wages paid by the principal employer to a workman in the lowest category of workman directly employed by him in that establishment or the minimum rates of wages notified by the State 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 payable to the workmen for performing same or similar kind of work in that establishment 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 Commissioner of Labour, Bihar whose decisions shall be final.

  1. Wage period.- The contractor shall fix wage periods in respect of which wages shall be payable.
  2. No wage period shall exceed onemonth.
  3. Time of payment of wages.- The wages of every migrant workman in an establishment of a contractor, where less than one thousandworkmen are employed, shall be paid before the expiry of the seventh day, and in other cases before the expiry of the tenth day, after the last day of the wage period in respect of which the wages are payable:

Provided that if any migrant workman be absent until the last day permissible under this Rule the wages shall be paid before the expiry of three working days from the day on which he attends for work again or demands payment.

  1. Payment on termination.- Where the employment of any migrant workman is terminated by or on behalf of the contractor, the wages earned by the migrant workman shall be paid before the expiry of the secondworking day from the day on which his employment is terminated.
  2. Mode of payment.- All payments of wages shall be made by the contractor on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wage period, final payment shall be made within forty-eighthours of the last working day.
  3. Wages due to every migrant workman shall be paid to him direct or to other persons duly authorised by him in this behalf.
  4. All wages shall be paid in current coins or in currency notes or in both. Wages shall be paid without any deduction of any kind except those specified by the State Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936.
  5. 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.
  6. The Principal Employer shall ensure the presence of his authorised representative at the place and time of disbursement of wages by the contractor to the migrant workmen; and it shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorised representative.
  7. The authorised representative of the Principal Employer shall record under his signature a certificate at 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 No..........has been made to migrant workman concerned in my presence on........."

CHAPTER V

Medical and other facilities to be provided to migrant workmen

  1. Holidays, hours of work and other conditions of service.- (1) Holidays hours of work including extra wages for overtime work done and other conditions of service of migrant workman shall not be less favourable than those obtaining in that establishment or in similar employments in the area in which the establishment is located, as the case may be.

(2) Where there is any dispute in this regard or with regard to applicability of holidays, hours or work including extra wages for overtime work done and other conditions of service to be migrant workman under clause (3) of sub-section (1) of Section 13, the same shall be decided by the Labour Commissioner, Bihar whose decisions shall be final.

  1. Medical facilities.- (1) The contractor shall ensure provisions of suitable and adequate medical facilities for outdoor treatment to the migrant workman free 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 epidemic or any virus infection. Whenever any medicine is purchased by a migrant workman on the basis of the prescription issued by any Doctor, provided by the contractor or the principal employer, as the case may be, or in absence of such medical officer or referred to any other Registered Medical Practitioner or specialist by any such registered medical practitioner or specialist the cost of such medicine shall be reimbursed by the contractor to the migrant workman concerned within a period of sevendays from the date of presentation of the bill by the migrant workman:

Provided that the contractor or the Principal Employer, as the case may be, shall be liable to reimburse the cost of medicine prescribed by any registered medical practitioner only when the contractor/Principal Employer has not provided a doctor.

(2) In the event of migrant workman or any of his family members suffering from any ailment requiring hospitalisation during his employment in the establishment, the contractor shall promptly arrange for the hospitalisation of the migrant workman or the concerned member of his family. The contractor shall bear the entire expenses on treatment, hospital charges (including diet) if any, and travel expenses for the patient from the place of his/her residence to the hospital and back.

(3) Every contractor shall provide and maintain so as to be readily accessible during all working hours first-aid boxes at the rate of not less than one box for one hundred and fifty workmen or part thereof.

(4) The first-aid box shall be distinctly marked with a Red Cross on a white ground and shall contain the following equipments, namely :-

(a) For establishments in which number of migrant workmen employed does not exceed fifty, each first-aid box shall contain the following equipments: -

(i) 6 small sterilized dressings;

(ii) 3 medium size sterilized dressings;

(iii) 3 large size sterilized dressings;

(iv) 3 large sterilized burn dressings;

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

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

(vii) 1 snake-bite lancet;

(viii) 1 (30 grms.) bottle of potassium parmanganate crystals;

(ix) 1 pair of scissors;

(x) 1 copy of the first-aid leaflet issued by the Director-General. Factory Advice Service and Labour Institutes, Government 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 workmen exceeds fifty each first-aid box shall contain the following equipments. -

(i) 12 small sterilized dressings;

(ii) 6 medium size sterilized dressings;

(iii) 6 large size strelized dressings;

(iv) 6 large size streilized burn dressings;

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

(vi) 1 (80 ml. bottle containing a two per cent alcoholic solution of iodine;

(vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label;

(viii) 1 roll of adhesive plaster;

(ix) a snake-bite lancet;

(x) 1 (30 gms.) bottle of potassium parmanganate crystals:

(xi) 1 pair scissors;

(xii) 1 copy of the first-aid leaflet issued by the Director-General. Factory Advice Service and Labour Institutes, Government of India;

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

(xiv) Ointment for burns, and

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

(5) Adequate arrangement shall be made for immediate recoupment of the equipment when necessary.

(6) Nothing except the contents mentioned in sub-rule (4) shall be kept in the first-aid box.

(7) The first-aid box shall be in charge 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 establishments where the number of migrant workman is one hundred and fifty or more.

  1. Protective clothing.- (1) The contractor shall provide to every migrant workman where the temperature falls below 20 degree centigrade, protective clothing consisting of one woollen coat and one woollen trousers once in twoyears:

Provided that where the temperature falls below 5 degree centigrade a 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.

(3) The contractor shall provide the migrant workmen with gloves, shoes and such other safety equipments as are provided to other workmen employed on jobs of similar nature.

  1. Drinking Water, Latrines, urinals and washing facilities.- (1) The contractor shall make necessary arrangements for supply of sufficient quantity of wholesome drinking water, sufficient number of sanitary latrines and urinals, washing facilities, etc., for the migrant workman at the establishment in the case of existing establishments within sevendays of the commencements of these Rules, and in case of new establishment within seven days of the commencement of employment of migrant workmen therein:

Provided that in connection with what is sufficient and what is wholesome, the opinion of the Licensing Officer shall be final and binding.

(2) If any of the facilities is not provided by the contractor within the specified period, the same shall be provided by the Principal Employer within seven days of the expiry of the period specified in sub-rule (1).

  1. Rest rooms.- (1) Every place where migrant workman are required to halt at night in connection with the working of establishment and in which employment of migrant workmen is likely to continue for three months or more, the contractor shall provide and maintain rest rooms or other suitable alternative accommodation within fifteen days of the coming into force of the Rules in case of the existing establishments, and within fifteendays of the commencement of the employment of migrant workmen in case of new establishments.

(2) If the amenity is not provided by the contractor within the specified period, the Principal Employer shall provide the same within a period of fifteen days of the expiry of the period specified in sub-rule (1).

(3) Separate rooms shall be provided for female migrant workmen,

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

(5) The rest rooms, or other suitable alternative accommodation shall be of such dimensions so as to provide at least a floor area of 1.1. square metre for each person.

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

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

  1. Canteens.- (1) In every establishment wherein work regarding the employment of migrant workmen is likely to continue for sixmonths 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 sixtydays of the commencement of the employment of migrant workmen in the case of new establishments.

(2) If the contractor fails to provide canteen within the time laid down, the same shall be provided by the Principal Employer within sixty days of the expiry of the time allowed to the contractor.

(3) The canteen shall be maintained by the contractor or Principal Employer, as the case may be, in an efficient manner.

(4) The canteen shall consist of at least a dining hall, kitchen, store-room, pantry and washing places separately for migrant workmen and for utensils.

(5) (i) The canteen shall be sufficiently lighted at all times when any person has access to it.

(ii) The floor shall be made of smooth and impervious material and inside walls shall be lime washed or colour-washed at least once in each 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) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance.

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

(7) The dining hall shall accommodate at a time at least 30 per cent of the migrant workmen working at a time.

(8) The floor area of the dining hall, excluding the area occupied by the service counter and any furniture except tables and chairs shall not be less than one square metre per diner to be accommodated as specified in sub-rule (7).

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

(ii) Washing places for women shall be separate and screened to secure privacy.

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

(11) (i) There shall be provided and maintained sufficient utensils crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen.

(ii) The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition.

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

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

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

(13) The food-stuffs and other items to be served in the canteen shall be in conformity with the normal habits of the migrant workmen.

(14) The charges for meals, other food-stuffs, beverage and any other items served in the canteen shall be based on no profit, no loss basis and shall be conspicuously 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: -

(a) 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 equipments including furniture, crockery, cutlery and utensils.

(d) The water charges and other charges incurred for lighting and ventilation.

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

(16) The books of accounts and registers and other documents used in connection with the running 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 registered accountants and Auditors:

Provided that the Commissioner of Labour, Bihar may approve of any other person to audit the accounts if he is satisfied that it is not feasible to appoint a registered Accountant and Auditor in view of the site or the location of the canteen.

  1. Latrines and urinals.- (1) Latrines shall be provided in every establishment on the following scale, namely. -

(a) Where females are employed, there shall be at least one latrine for every twenty-fivefemales;

(b) Where males are employed, there shall be at least one latrine for every twenty-fivemales:

Provided that where the number of males of females exceeds 100, it shall be sufficient if there is one latrine for 25 males or females, as the case may be, up to the first 100, and one for every 50 thereafter.

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

(3) (i) Where workmen of both sexes are employed there shall be displayed outside each block of latrines and urinal and notice in the language understood by the majority of the workers reading '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 women as the case may be.

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

Provide that where the number of male or female workmen, as the case may be, exceeds 500 it shall be sufficient if there is one urinal for every fifty males or females up to the first 500 and one for every hundred or part thereof thereafter.

(5) The latrines and urinals shall be conveniently situated and accessible 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 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.

  1. Washing Facilities.- (1) In every establishment adequate and suitable facilities for washing shall be provided and maintained for the use of migrant workmen employed therein.

(2) Separate and adequate screening facilities shall be provided for the use of male and female migrant workmen.

(3) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.

  1. Creche.- (1) In every establishment where 20 or more female workmen are ordinarily employed as migrant workmen and in which employee of migrant workmen is likely to continue for threemonths or more, the contractor shall provide and maintain two rooms of reasonable dimensions for the use of their children under the age of six years, within fifteendays of the coming into force of the Rules, in case of existing establishments, and withinfifteen days of the commencement of the employment of not less than twenty workmen as migrant workmen in new establishments.

(2) One of such rooms shall be used as play room for the children and the other as bed room 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 bedding in the sleeping room

(5) The creche shall be so constructed as to afford adequate protection against heat, damp, wind, rain and shall have smooth, hard and impervious floor surface.

(6) The Creches shall be at a convenient, distance from the establishment and shall have adequate supply of wholesome 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.

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

(i) in case he is accompanied by any other member of his family suitable quarter so as to accommodate them one room having at least a floor area of ten square meters, a verandah and adequate additional covered space for cooking food as well as one common sanitary latrine, one common bathroom for every three such quarters; and

(ii) in case he is unaccompanied by any other member of his family a suitable barrack so as to accommodate not more than ten such migrant workmen, having at least a floor area of not less than 6.5 square metres for each such migrant workmen making use of the barrack, a verandah and adequate additional covered space for cooking food as well as one common sanitary latrine and one common bathroom for every ten such migrant workmen;

within fifteen days of coming into force of the rules in the case of the existing establishments and within fifteen days of the commencement of the employment of migrant workmen in new establishments.

(2) Every quarter and the barrack shall be so constructed as to afford adequate ventilation protection against heat, wind, rain and shall have smooth, hard and impervious floor surface.

(3)The quarters or the barracks, as the case may be, shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water:

Provided that if the residential place is more than 2 K.M. from the place of work suitable transport facilities shall be provided or, alternatively, conveyance allowance shall be paid to the workmen to cover the cost of transport.

(4) The area in which the quarters and/or the barracks are located as well as the latrines and the bathrooms provided therein shall be kept in a clean and sanitary condition at all times.

(5) If the amenities referred to in sub-rule (1) are not provided by the contractor within the period prescribed, the Principal Employer shall provide the same within a period of fifteendays of the expiry of the period laid down in the said sub-rule.

(6) If there is any dispute or disagreement regarding suitability or adequacy of provision or any of the amenities referred to in sub-rule (1) to (4) the same shall be decided by the Commissioner of Labour, Bihar, whose decision shall be final.

  1. Liability of the Principal Employer in certain cases.- If any allowance required to be paid under Section 14 or Section 15 to the migrant workmen 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.

  1. Relaxation in certain cases.- If the contractor or the Principal Employer, as the case may be, has already provided and facility relating to supply of wholesome drinking water or restrooms or latrines and urinals or washing, canteen or creche or first aid as 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 Record - Collection of Statistics

  1. Registers of contractors.- Every Principal Employer shall maintain in respect of each registered establishment, a Register of Contractors in Form XII.
  2. Register of Persons employed.- Every Principal Employer and Contractor shall maintain in respect of each establishment where he employs migrant workmen a register inForm XIII.
  3. Service Certificate.- On termination of employment for any reason, whatsoever the contractor shall issue to the migrant workmen whose services have been terminated a service certificate in Form XIV.
  4. Displacement-cum-outward Journey allowances sheet and return journey allowances register.- (1) Every contractor shall maintain a Register of displacement-cum-outward journey allowance paid to the migrant workmen as required under Sections 14 and 15 of the Act in Form XV, and also a register of return journey allowances paid to them under Rule 22 in Form XVI.

(2) Entries in the registers referred in sub-rule (1) shall be authenticated by the contractor or his duly authorised representative.

  1. Muster 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 the Contract Labour (Regulation and Abolition) Act, 1970 and the Rules made thereunder, the following registers and records required to be maintained by the contractor as employer under those Acts and the Rules shall be deemed to be Registers and Records to be maintained 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 establishments not covered by any of the Act or the Rules referred to in sub-rule (1) the following provisions shall apply, namely :-

(a) Every contractor shall maintain 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 authenticated by the signature of the contractor or his authorised representative, and duly certified by the authorised representative of the Principal Employer as required by Rule 35.

(c) Register of deduction, 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 contained in these Rules, where a combined or alternative Form is sought to be used by the contractor to avoid duplication, of work for compliance with the provisions of any other Act or the Rules framed thereunder or any other laws or regulations or in cases where mechanised pay rolls are introduced for better administration alternative suitable Form or Forms in lieu of any of the Forms prescribed under these Rules may be used with the previous approval of the Commissioner of Labour, Bihar.

  1. Maintenance and preservation of registers.- (1) All registers and other records required to be maintained under the Act and Rules, shall be maintained complete and up-to-date, and, unless otherwise provided for, shall be kept at an office or the nearest convenient building, within the precincts of the workplace or at a place, if any, specified by the Inspector on the specific request made by the contractor in this behalf.

(2) All the registers shall be maintained legibly in English or Hindi.

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

(4) All the registers, records and notices maintained under the Act or Rules shall be produced on demand before the Inspector or Commissioner of Labour, Bihar or any other authority under the Act, or any person authorised in that behalf by the State Government.

(5) Where no deduction or fine has been imposed or no overtime has been worked during any wage period, a 'NIL' entry shall be made across the body of the register at the end of every wage period indicating also in precise terms the wage period to which the 'NIL' entry relates in the respective registers maintained in Form XIX, XX and XXI respectively.

  1. Display of an abstract or 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 Commissioner of Labour, Bihar.
  2. 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 the 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 Principle 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 notices shall be sent to the Inspector and whenever any charges occur, the same shall be communicated to him forthwith.

  1. Periodical returns.- (1) Every contractor shall send half-yearly 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 1st July every year".

(2) Every Principal Employer of a registering establishment shall send annually a return inForm XXIV (in duplicate) so as to reach the registering officer concerned not later than the 15th February following the end of the year to which it relates.

  1. (1) The Commissioner of Labour, Bihar or the District Magistrate or the Inspector or any other authority under the Act shall have powers to call for any information or statistics in relation to migrant workmen from any contractor, Principal Employer at any time by an order in writing.

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

CHAPTER VII

Legal Aid to Migrant Workmen

  1. Legal aid.- On receipt of a written application from migrant workmen or in the event of his death, from next of his kin for providing legal aid in relation to any proceedings before the authority under Section 15 of the Payment of Wages Act, 1936 or Authority under Section 20 of the Minimum Wages Act, 1948 or appropriate Labour Court under Section 33-C (2) of the Industrial Disputes Act, 1947 or Commissioner fa Workmen's Compensation Act, 1923, in which the migrant workman or his legal heir is a party, the specified authority concerned, if he is satisfied, may with the prior approval of the Commissioner of Labour, Bihar engage an advocate to conduct the relevant or proceedings on behalf of the migrant workman or his legal heir, as the case may be, and meet all legal expenses in this regard.

Form I

[See Rule 3 (1)]

Application for registration of establishments 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/ individual partners, etc. (in case of companies and firms).
  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) Name and address of contractor.

(b) Nature of work for which migrant workmen are to be recruited or are employed.

(c) Maximum number of migrant workmen to be employed on any day through each contractor.

(d) Estimated date of commencement of work under each contractor.

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

  1. Particulars of the Treasury Challan (enclose number and date of Treasury Challan, name of the Treasury and amount).

I hereby declare that the particulars given above are true to the best of my knowledge.

Signature with designation of the Principal Employer Seal and Stamp Office of the Registering Officer,

Date of receipt of the application with Treasury Challan.......................

Form II

[See Rule 4(1)]

Certificate of Registration

No...........................

Dated..................

Government of Bihar

Office of the Registering Officer

A certificate of Registration containing the following particulars is hereby granted under clause (a) of sub-section (2) of Section 4 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1970 and the Rules made thereunder to.......................

  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 case of individuals).
  4. Names and addresses of the Directors/ individual partners, etc. (in case of Companies and Firms).
  5. Full name and address of the Manager or the person responsible for the supervision and control of the establishment.
  6. Nature of work carried in the establishment.
  7. Names and addresses of contractors.
  8. Nature of work for which migrant workmen are to be employed or are employed.
  9. Maximum number of migrant workmen to be employed on any day through each contractor.
  10. Other particulars relevant to the employment of migrant workmen :-

(i)

(ii)

Signature of the Registering Officer with Seal

Form III

[See Rule 4(2)]

Register of Establishments

Serial No. Registration No. and date Name, address (including postal address) and location of the establishment registered Full name and address of the Principal Employer Name and address of the Directors/partners of the establishments
1 2 3 4 5

 

Full name and address of the Manager or the person responsible for the supervision and control of the establishment Type of business, trade, industry, manufacture or occupation which is carried on in the establishment Maximum number of Migrant workmen directly employed on any day Name and address of the contractor
6 7 8 9

 

Nature of work for which migrant workmen are to be recruited or are employed Maximum No. of migrant workmen employed on any day through a contractor Probable duration of employment of migrant workmen Remarks
10 11 12 13

Form IV

[See Rule 7(1)]

Application for Licence for Recruitment

  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.

  1. Particulars of migrant workmen -

(a) Nature of work in which migrant workmen are employed or are to be employed in the establishment;

(b) Duration 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 work site;

(d) Maximum number of migrant workmen proposed to be employed in the establishment on any date;

(e) Names and addresses of the Directors/ Partners (in case of companies and firms);

(f) Name(s) and address(es) 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 may be.

  1. Whether the contractor was convicted of any offence within the preceding five years; if so, give details;
  2. 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 and the name and address of the Licensing Officer making such order.
  3. Whether the contractor has worked in any other establishment within the past five years. If so, give details of the principal employer establishment and nature of work;
  4. Whether a certificate by the principal employer in Form VI is enclosed.
  5. Amount of licence fee paid (No. and date of Treasury Challan, name of the Treasury and amount).
  6. Amount of security deposit, if any (No. and date of Treasury Challan and amount).

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

Place................... Date....................

Signature of the Applicant. (Contractor)

Note. - The application should be accompanied by a Treasury Challan showing the payment of the prescribed licence 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 Treasury Challan/for fees/security deposit.

Signature of the Licensing Officer.

Form V

[See Rule 7 (2)]

Application for Licence for Employment

  1. Name and address of the contractors (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 (furnish the name of father/ husband in case of individuals).

  1. Particulars of migrant workmen -

(a) Nature of work in which migrant workmen are employed or are to be employed in the establishment;

(b) Duration of the proposed contract work (give particulars of the proposed date of commencing and ending);

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

(d) Maximum number of migrant workmen proposed to be employed in the establishment on any date;

(e) Names and addresses of the Directors/Partners (in case of companies and firms);

(f) Name(s) and address(es) of the persons(s) incharge of and responsible to the Company/Firm for the conduct of the business of the Company/Firm, as the case may be.

  1. Whether the contractor was convicted of any offence within the preceding five years? If so, give details.
  2. 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 and the name and address of the licensing officer making such order.
  3. Whether the contractor has worked in any other establishment within the past five years? If so give details of the Principal Employer establishment and nature of work.
  4. Whether a certificate by Principal Employer in Form VI is enclosed?
  5. Amount of licence fee paid (No. and date of Treasury and amount).
  6. Amount of security deposit, if any (No. and date of Treasury Challan/Name of the Treasury and amount).

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

Place.................. Date...................

Signature of the applicant (Contractor)

Note. - The application should be accompanied by a Treasury Challan showing the payment of the prescribed licence 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 Treasury Challan for fees/security deposit.

Signature of the Licensing Officer.

Form VI

[See Rule 7(3)]

Form of certificate by principal employer

Certified that I have engaged or intend to engage the applicant (name of the contractor) as a contractor in my establishment. I undertake to be bound by all the provisions of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the Bihar Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1980 in so far as the provisions are applicable to me in respect of the employment of migrant workmen by the applicant in my establishment.

Place.................. Date...................

Signature with designation of Principal Employer.

Name and address of Establishment

Form VII

[See Rule 10 (2)]

Application for adjustment of Security Deposit

Name and address of the contractor No. and date of application of fresh licence No. of previous licence and the date of expiry thereof Whether the previous licence of the contractor was suspended or revoked. No. and date of the Treasury Challan along with the name of Treasury security deposit in respect of the previous licence Amount of previous security deposit
1 2 3 4 5 6

 

Amount of security deposit for the fresh licence. No. and date of Treasury Challan, name of Treasury and amount of the balance security deposited with the fresh application No. and date of certificate, the establishment in relation to which the fresh licence is applied for Name and address of Principal Employer Particulars of fresh application Remarks
7 8 9 10 11 12

Place .......................... Date ............................

Signature of applicant.

Form VIII

[See Rule 11 (1)]

Government of Bihar

Office of the Licensing Officer

Licence no.................Date..................Fee paid Rs.................

Licence for recruitment

A licence containing the following particulars is hereby granted to................ (name of the contractor) under Section 8(1) (a) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 subject to the conditions specified in the Annexure.

  1. The licence is for recruitment of any person in the State of Bihar for the purpose of employing him in any establishment situated in another State.
  2. This licence shall remain in force till................

Particulars

(a) Name and address of the contractor (including his father's/husband's name in case of individuals).

(b) Name and address of the agent or manager of the Contractor at work site.

(c) Name and address of the Principal Employer of the conti actor.

(d) Name and address of the establishment (including name of State and District with full address) where the migrant workmen are proposed to be employed.

(e) Maximum number of migrant workmen proposed to be recruited for employment in the establishment on any date.

(f) Nature of work in which migrant workmen are to be employed.

(g) Type of business, trade, industry, manufacture or occupation which is carried on in the establishment.

(h) Particulars of migrant workmen -

(i) Place where migrant workmen are to be required (including name of the Police-Station and District with full address).

(ii) Duration of the proposed contract work in which the recruited migrant workmen are to be employed.

(iii) Any other particulars relevant to the employment of migrant workmen.

Signature and Seal of the Licensing Officer.

Renewal

(See Rule 14)

Date of renewal Fee paid for renewal Date of expiry
1. 2. 3.

Date..................

Signature and Seal of the Licensing Officer.

Annexure

The licence is subject to the following conditions: -

(1) The licence shall be non-transferable.

(2) The number of migrant workmen recruited for employment in the establishment shall not, on any day, exceed the maximum number specified in his licence.

(3) Save as provided in these Rules, the fee paid for the grant or, renewal of licence, as the case may be, shall be non-refundable.

(4) 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 for such employment where applicable the rates have been fixed by agreement, settlement or award, not less than the rates so fixed.

(5) (a) In case where the migrant workmen recruited for employment by the contractor perform the same or similar kind 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 same or similar kind of work:

Provided that in case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner of Labour, Bihar whose decision shall be final.

(b) Male and female migrant workmen shall be paid equal wages for equal work.

(c) In other cases, the wage rates, holidays, hours of work and other conditions of service of the migrant workmen of the contractor shall be such as prescribed in these Rules.

(6) Every migrant workmen shall be entitled to allowances, benefits facilities, etc., as prescribed in the Act and these Rules.

(7) No female migrant workmen shall be employed by any contractor before 6 a.m. or after 7 p.m.:

Provided that this clause shall not apply to the employment of female migrant workmen 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 work to the Licensing Officer.

(9) The contractor shall comply with all the provisions of the Act and these Rules.

(10) A copy of the licence shall be displayed prominently at the premises where the migrant workmen are employed.

Form VIII-A

[See Rule 11 (1)]

Government of Bihar

Office of the Licensing Officer

Licence No. ................Date..............Fee paid Rs. ................

Licence for Employment

A licence containing the following particulars is hereby granted to...............(name of the contractor) under Section 8(1 )(b) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 subject to the conditions specified in the Annexure.

  1. This licence is for employment of any person from another State for execution of any work in any establishment in the State of Bihar.
  2. The licence shall remain in force till..............

Particulars

(a) Name and address of the contractor (including his father's/husband's name in case of individuals).

(b) Name and address of the agent or manager of the contractor at work site.

(c) Name and address of the Principal Employer of the contractor.

(d) Name and address of the establishment (including name of State and District with full address) where the migrant workmen are proposed to be employed.

(e) Maximum number of migrant workmen proposed to be employed in the establishment on any date.

(f) Nature of work in which migrant workmen are employed or are to be employed.

(g) Type of business, trade, industry, manufacture or occupation which is carried on in the establishment.

(h) Particulars of migrant workmen -

(i) Place from where migrant workmen have been recruited for employment (including name of the State and District with full address).

(ii) Duration of the proposed contract work in which the migrant workmen are employed or are to be employed.

(iii) Any other particulars relevant to the employment of migrant workmen.

Signature and seal of the Licensing Officer.

Renewal

See (Rule 14)

Date of renewal Fee paid for renewal Date of expiry
1. 2. 3.

Date.................

Signature and Seal of the Licensing Officer.

Annexure

The licence is subject to the following conditions: -

(1) The licence shall be non-transferable.

(2) The number of workmen employed as migrant workmen in the establishment shall not on any day, exceed the maximum number specified in this licence.

(3) Save as provided in these Rules, the fees paid for the grant, or as the case may be, for renewal of licence shall be non-refundable.

(4) The rate of wages payable to the migrant workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948, for such employment where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed.

(5) (a) In case where the migrant workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the Principal Employer of the establishment, the wage-rates, holidays, hours of work and either 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 same or similar kind of work:

Provided that in case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner of Labour, Bihar whose decisions shall be final.

(b) Male and female migrant workmen shall be paid equal wages for equal work.

(c) In other cases, the wage rates, holidays, hours of work and other conditions of service of the migrant workmen of the contractor shall be such as prescribed in these Rules.

(6) Every migrant workmen shall be entitled to allowances, benefits, facilities, etc., as prescribed in the Act and these Rules.

(7) No female migrant workmen shall be employed by any contractor before 6 a. m. or after 7 p. m.:

Provided that this clause shall not apply to the employment of female migrant workmen 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 work to the Licencing Officer.

(9) The contractor shall comply with all the provisions of the Act and these Rules.

(10) A copy of the licence shall be displayed prominently at the premises where the migrant workmen are employed.

Form VIII-B

[See Rule 11 (3)]

Register of licences issued to contractors

Serial no. Licence no. and date Section of the Act under which the licences have been issued Name and address of the contractor Name and address of the agent or manager of the contractor at works site Name and address of the Principal Employer of the contractor
1 2 3 4 5 6
 

 

Maximum number of migrant workmen proposed to be recruited/employed on any day through the contractor Nature of work in which migrant workmen are to be recruited or employed Duration of the proposed contract work in which migrant workmen are employed or are to be employed Remarks
7 8 9 10
 

Form IX

[See Rule 14 (2)]

Application for Renewal of Licence

  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. Number and date of the licence.
  4. Date of expiry of the previous licence.
  5. Whether the licence of the contractor was suspended or revoked.
  6. Particulars of establishments wherein 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.

  1. Particulars of migrant workmen -

(a) Nature of work in which migrant workmen are employed or are to be employed in the establishment;

(b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending);

(c) Name and address of the agent/manager of the contractor at worksite;

(d) Maximum number of migrant workmen proposed to be employed in the establishment on any date;

(e) Name and address of the Directors/Partners (in case of companies and firms);

(f) Name(s) and address(es) of the person(s) incharge of and responsible to the company/firm for the conduct of the business of the company/ firm, as the case may be;

(g) Number and date of the Treasury Challan enclosed, Name of Treasury and the amount: -

Place ....................... Date ........................

Signature of the applicant.

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

Date of receipt of application with Treasury.

Signature of the Licencing Officer.

Form X

[See Rule 21 (1)]

[Form in which to furnish particulars in respect of recruitment and employment of migrant workman/workmen as prescribed under sub-rule (1) of Rule 21, to the authorities specified under the explanation below sub-section (2) of Section 12 of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979]

  1. Name and address of the contractor -
  2. Name and address of the sub-contractor through whom recruitment has been made -
  3. Name and address of the establishment -
  4. Name and address of the Principal Employer -
  5. Name of the State in which the place of work is located -
  6. Name of the State in which recruitment was made -
Sl. no. Name of migrant workmen Father's Husband's name Sex Age Permanent home address Name and address of the next of kin of workmen Place and address of residence in the home State Amount of displacement allowance paid
1 2 3 4 5 6 7 8 9
 

 

Amount of outward journey allowance paid Amount of wages for outward journey period paid Nature of job required to be performed Date of recruitment Date of employment Details of rates of wages and other allowances payable Period of contract of employment Details of other service conditions Remarks
10 11 12 13 14 15 16 17 18
 

Signature of contractor or his authorised representative.

Date.............................

Submitted to

(1) ............................ ..............................

(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 forwarded to

....................... (The Principal Employer)

Signature of the contractor or his authorised representative.

Date .........................

Note. - In case where migrant workmen concerned have been recruited from more than one State, 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 specified under explanation below sub-section(2) of Section 12 of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979]

1. Name and address of the contractor ..........................................
2. Name and address of the subcontractor through whom recruitment has been made ..........................................
3. Name and address of the establishment ..........................................
4. Name and address of the Principal Employer ..........................................
5. Name of the State in which place of work is located ..........................................
6. Name of the State in which recruitment was made ..........................................

 

Serial No. Name of migrant workmen Father's/Husband's Name Sex Designation Age Permanent home address indicating the State Place and address of residence in home State Date of employment Date on which ceased to be employed Total days worked
1 2 3 4 5 6 7 8 9 10 11
 

 

Details of rates of wages and other allowances paid Amount of displacement allowance paid Amount of outward journey allowances and wages for outward journey period paid Amount of return journey allowance and wages for return journey period paid Total wages paid Details of compensation and other allowances Amount of deductions, if any Amount of advance, if any, paid Amount of advance, if any, recovered Remarks
12 13 14 15 16 17 18 19 20 21
 

Declaration

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

Signature of the contractor or his authorised representative.

Place.......................... Date...........................

Submitted to

(1) ............................. ..............................

(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 forward to

(The Principal Employer)

Signature of the contractor or his authorised representative.

Date.......................

Note. - In case where migrant workmen concerned have been recruited from more than one State, separate returns shall be submitted in respect of each such State.

Form XII

(See Rule 48)

Register of Contractors

  1. Name and address of the Principal Employer ... ... ... ... ...
  2. Name and address of the Establishment ... ... ... ... ... ...
Name and address of contractor Nature of work on contract Location of contract work Period of contract Maximum No. of migrant workmen employed by contractor
From To
1 2 3 4 5 6
 

Form XIII

(See Rule 49)

Register of workmen employed by contractor

Name and address of contractor ........... Name and address of establishment in/under which migrant workmen are employed ..............
Name and address of the establishment ......... Name and address of Principal Employer ..................

 

Serial No. Name and Surname of migrant workman Age and sex Father's/Husband's name Nature of employment/ designation Permanent Address of Migrant workmen (village and Tehsil/ Taluk and district
1 2 3 4 5 6
 

 

Local address Date of commencement of employment Signature or thumb impression of migrant workmen Date of termination of employment Reasons for termination 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 ......... Name and address of establishment in/under which migrant workmen are employed ..................
Name and location of work .........
Name and address of the migrant workman ........................... Name and address of Principal Employer ...........................
Age or Date of Birth ...........................
Identification Marks ...........................
Father's/Husband's name ...........................

 

Serial No. Total period for which employed Nature of work done Rate of wages (with particulars of until in case of piece-work Remarks
From To
1 2 3 4 5 6
 

Signature of contractor or his authorised representative.

Form XV

(See Rule 51)

Displacement and outward Journey Allowance Register

Name and address of contractor .......... Name and address of the establishment .............
Name and address of the Principal Employer ............... Month and year ............

 

Serial No. Name of the migrant workman Father's/Husband name Permanent home address indicating the State Place and address of residence in the home State Designation Rate of wages
1 2 3 4 5 6 7
 

 

Wages payable in a month Place of recruitment Place of work with address indicating the State Railway Station/Bus Stand nearest to the place of residence Railway Station/Bus Stand nearest to the place of work Date and time of commencement of journey from the place of work
8 9 10 11 12 13
 

 

Expected date and time of arrival at the place of work Details of modes of journeys from the place of residence in the home State to the place work Amount of bus fare and/or second class train fare and/ or other journey expenses separately as per the modes of journey indicated in column 15 Total of amount indicated in column No. 16 Amount of displacement allowance

Rs.     Ps.

 Amount of outward journey allowance Wages for outward journey period
14 15 16 17 18 19 20
 

 

Total amount paid Date on which paid Signature or thumb-impression of the migrant workman Actual date and time of arrival at the place of work Balance wages for outward journey, if any, payable Date of payment of the balance indicated in Column No. 25 Signature or thumb impression of the migrant workman Remarks
21 22 23 24 25 26 27 28
 

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

Signature of the contractor or the authorised representative.

Date ...............................

Form XVI

[See Rule 51 (1)]

Return Journey Allowance Register

Name and Address of the contractor .................................
Name and address of the Establishment .................................
Name and address of the Principal Employer .................................
Month and Year .................................

 

Serial No. Name of the migrant workman Father's/husband's name Permanent home address indicating the State Place and address of residence in home State Designation
1 2 3 4 5 6
 

 

Rate of wages Place of work Railway Station/Bus Stand nearest to the place of work Railway Station/Bus Stand nearest to the place of residence in the home State Date and time of commencement of journey form the place of work Expected date & time of arrival at the residence in home State
7 8 9 10 11 12
 

 

Expected modes of Journeys from the place of work to place of residence in the home State Amounts of bus fare and/or second class train fare and/or other journey expenses, separately as per expected modes of journeys indicated in Column No. 13 Total amounts indicated in Column No. 14 Amounts of return journey allowance
13 14 15 16
 

 

Wages for return journey period Total amount paid Date on which paid Signature or thumb-impression of the migrant workman Remarks
17 18 19 20 21
 

*Indicate separately different modes of journey.

Note. - Entries are to be made against each individual migrant workmen.

Signature of the contractor of his authorised representative

Date...............................

Form XVII

[See Rule 52 (2) (a)]

Muster Roll

Name and address of the contractor ...................................
Name and address of establishment in/under which migrant workmen are employed. ...................................
Name and address of Principal Employer ...................................
Nature and Location of work ...................................
For the month of ...................................

 

Serial No. Name of migrant workmen Father's/Husband's name Sex Dates Remarks
1 2 3 4 5 6
1 2 3 4 5 6
 

Form XVIII

[See Rule 52(2)(a)]

Register of Wages

Name and address of contractor................ Name and address of establishment in/under which the migrant workmen are employed .......................
Nature and location of work................... Name and address of principal employer ............................
Wage period..........................

 

Serial No. Name of the migrant workman Serial No. in the register of workman Designation/nature of work Number of days worked Units of work done
1 2 3 4 5 6
 

 

Serial No. Daily rate of wages/piece-rate Amount of wages earned Other cash payments (nature of payment to be indicated) Total
Basic wages Dearness allowance Overtime
6 7 8 9 10 11 12
 

 

Serial No. Deductions if any (indicate nature) Net amount paid Signature/thumb impression of migrant workman Initials of contractor or his authorised representative
12 13 14 15 16
 

Form XIX

[See Rule 52 (2) (c)]

Register of Deductions for Damage or Loss

Name and address of contractor............. Name and address of establishment in/under which the migrant workmen are employed .................
Nature and location of work............... Name and address of principal employer ...................

 

Serial No. Name of the migrant workman Father's/ husband's name Designation/ nature of employment Particulars of damage or loss Date of Damage or loss Whether migrant workman showed causes against deduction
1 2 3 4 5 6 7
 

 

Serial No. Name of person in whose presence employees' explanation was heard Amount of deduction imposed Rs. Number of instalments Date of recovery Remarks
First instalment Last instalment
7 8 9 10 11 12 13
 

Form XX

[See Rule 52 (2) (c)]

Register of Fines

Name and address of Contractor ..........................
Nature and location of work ..........................
Name and Address of Establishment in/under which the migrant workmen are employed ..........................
Name and Address of Principal Employer ..........................

 

Serial No. Name of migrant workman Father's/husband's name Designation/nature of employment Act/omission for which fine imposed Date of offence
1 2 3 4 5 6
 

 

Whether migrant workman showed causes against fine Name of person in whose presence employee's explanation was heard Wage period and wages payable Amount of fine imposed Date on which fine realised Remarks
7 8 9 10 11 12
 

Form XXI

[See Rule 52 (2) (c)]

Register of Advances

Name and address of contractor .....................
Nature and location of work .....................
Name and address of Establishment in/under which the migrant workmen are employed .....................
Name and address of Principal Employer ......................

 

Serial No. Name of the migrant workman Father's/ husband's name Nature of employment/ designation Wage period and wages payable Date and amount of advance given
1 2 3 4 5 6
 

 

Purpose(s) for which advance made No. of instalments by which advance to be repaid Date and amount of each instalment repaid Date on which last instalment was repaid Remarks
7 8 9 10 11
 

Form XXII

[See Rule 52 (2) (d)]

Registers of Overtime

Name and Address of Contractor ..........................
Nature and location of work ..........................
Name and Address of Establishment in/under which migrant workmen are employed ..........................
Name and Address of Principal Employer ..........................

 

Serial No. Name of the migrant workman Father's/husband's name Sex Designation/nature of employment Date on which overtime worked
1 2 3 4 5 6
 

 

Total overtime worked or production in case of piecerated Normal rates of wages Overtime rates of wages Overtime earning Date on which overtime paid Remarks
7 8 9 10 11 12
 

Form XXIII

[See Rule 56 (1)]

Return to be sent by the Contractor to the Licensing Officer

Half year ending …..............................
1. 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. Number of days during the half year on which -
(a) The establishment of the principal employer had worked. …..............................
(b) The contractor's establishment had worked. …..............................
6. Maximum number of inter-State migrant workmen employed on any day during the half year. Men Women Children Total
7. (i) Daily hours of work and spread over. …..............................
(ii) (a) Whether weekly holiday observed and on what day. …..............................
(b) If so, whether it was paid for. …..............................
(iii) Number of man-hours of over time 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 periods of outward 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
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 …..............................
(ix) First Aid …..............................

(If the answer is 'yes' State briefly nature/standards provided)

Place ....................... Date ........................

Signature of Contractor.

Form XXIV

[See Rule 56 (2)]

Annual Return of Principal Employer to be sent to the Registering Officer

Year ending 31st December .....................

1. Full name and address of the Principal Employer. ..............................
2. Name of the establishment
(a) District ..............................
(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 during the year (give details in Annexure). ..............................
5. Nature of work/operations on which migrant workman was employed ..............................
6. Total number of days during the year on which migrant workman was employed. ..............................
7. Total number of mandays worked for by migrant workman during the year. ..............................
8. Maximum number of workmen employed directly on any day during the year. ..............................
9. Total number of days during the year on which direct labour was employed. ..............................
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 Registering Officer in the application for Registration indicating also the dates. ..............................

Place....................... Date.........................

Principal Employer.

Annexure to Form XXIV

Name and address of the Contractor Period of Contract From - To - Nature of work Maximum No. of workers employed by each contractor No. of days worked No. of mandays worked.
1 2 3 4 5 6