Dear All,
We are in Construction Industry and employed the labourers not only from local areas but also from other states.These labourers have approached us Voluntarily and there is no intermediate agencies in appointments.Now the Statutory Authorities are insisting to Obtain Licence Under Interstate Migration Act.I request some one to clarify my doubt as whether to take Licence under the said Act.

From India, Bangalore

Dear Mr. Mohan
As like Contract Labour Licence for ISMW Lincence also you must obtain copy of Registration certificate & Certificate by Principal Employer from your Principal employer and apply for ISMW Licence. The Fee and Deposit details will be available with your labour commissioner Office.
After obtaining the licence you must start maintain the Onward journey, return journey fare payment details, separate register of workmen and you must send the return also to Labour Commissioner as per ISMW Rules of your state.

From India, Kumbakonam
Dear Bhaskar ji,
The querist said the workers approach them voluntarily. There is no intermediate agency in between the workers and the company. Under this circumstances the provisions of ISMW Act does not apply to the queriest.
Sec. 2(e) “inter-State migrant workman” means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment.
If queriest employ workers directly and he able to establish his stand, the ISMW Act is not applicable to him, to my views. You may correct me if I am wrong.

From India, Mumbai

Dear Mr. Keshav
If the workers are approaching directly then we need not to take contract labour licence as well as ISMW Licence. One thing the employer must ensure that the worker whoever getting engaged should submit the local address.

From India, Kumbakonam
Dear Bhaskar ji,
Greetings of the day to you as well to all viewers.
With due respect to you Sir, I would like to repeat as under:
A person is an “inter-State migrant workman” when he is bought to other state thru an agent from one state under an agreement.
I will give salient features of the said Act in due course of time for the benifit of all the members / viewers.
The RC & contract labour license under CLRA is granted under different parameters and RC & license under this Act is granted under different parameters.

From India, Mumbai
Dear Mohan,
ISMW License needs to be taken only when the contractor you had engaged in the projects or the employer himself bring the labourers from other state to employ in the state .
You can take a declaration from the contractor that they had not employed any labourers from othe state .

From India, Mumbai
They have clearly stated that the workers are coming directly without any intermediate therefore the labours are coming under the direct employment of the company. In this case ISMW not required.
Not only for workers some time we appointed Middle level and Senior Level employees those who are applying ISMW.
P. Xavier Raj

From India, Pondicherry
Dear Team,
I second Mr. Keshav's view on the applicability of ISMW Act for the query that has been raised by Mr. Mohan.
Before a migrant workman is to be employed, the contractor has to obtain license for recruiting such labourers from the licensing officer having the jurisdiction of the place of recruitment before applying for a license under the subject act for the employment in a different state, and has to follow the rules which are laid in Inter State Migrant Workmen Rules of the respective state or central, as applicable.
In the subject case, since the workers have directly approached Mr. Mohan for employment, the applicability of ISMW act does not arise.
I am enclosing the extract of ISMW Act 1979 and Central Rules, 1980 for the benefit of our members.
P. Vathiraj

From India

Attached Files
File Type: docx Inter-state Migrant Workmen Act, 1979 and Central Rules, 1980.docx (40.7 KB, 3041 views)

Dear Mohan

There are 2 points that needs to be considered.

First, are you the principal employer or the contractor.

For example, are you using the construction workers in building flats that you later sell or are you building a building for another company or perhaps a factory. If its your own project, the interstate migrant workers act does not apply as it is only for contract workers. But if you are doing work as a contractor for another company, then this act applies.

Second, the act applies if you are recruiting from another state. That means you have an office in that other state, you are hiring employes there and asking them to report to work in another state. It does not apply to a case where the worker (say) from Bihar comes to bangalore looking for work, and then finds you have a vacancy and joins. So if that is the case, you need to maintain documentation properly to record that. Eg when he came for interview, who recommended him, his local address, etc

Hope this clears the doubts.

These points are in the act and you have to show the relevant points to the labour officer and convince him of its non applicability to you

From India, Mumbai
Dear Saswata ji Could you please tell us where are those points in the Act? Can you give the relevant sections?
From India, Mumbai

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