Understanding the Inter-State Migrants Act: When Does It Apply and What Are the Legal Steps?

Dear all,

I need some information regarding the INTER-STATE MIGRANTS ACT:

i) When is it applicable to an industry?
ii) What are all the legal implications if it is applicable to an industry?
iii) What are all the statutory registers to be followed if it is applicable?
iv) Whether any approval should be obtained before engaging labor from other states?

And other details regarding this act. If you have any ideas regarding this act, please share your knowledge. It will be a great help for us.

With Regards,
Nizammuddin.K

Hi,

If the contractor plans to recruit any worker(s) from a state other than the state where the project/factory of the company is located, then he shall obtain a license under Rule 7(1) of the rules made under the INMW Act from the appropriate licensing authority of the state from where he plans to recruit workers. Additionally, he must obtain the necessary license under Rule 7(B) from the licensing authority of the state where the project/factory of the company is located.

In such cases, the contractor shall pay journey allowance to all such workers for their travel from their hometown to the place of work and back, as well as wages during the period of such journey.

The contractor shall pay a deployment allowance equivalent to 50% of the worker's monthly wages or 75 RS, whichever is higher, at the time of recruitment of the worker.

The contractor shall issue a passbook to every migrant workman as prescribed under the act.

Furthermore, the contractor shall furnish complete details in respect of migrant workmen in Form X, monthly return Form XI, employment of workmen Form XIII, displacement and outward journey allowance sheet Form XV, and return journey allowance register Form XVI.

Please find the attached files as well.

Channiga
Bangalore-91

Thank you very much for sharing this information. I still have some doubts. If an industry directly hires people from another state without the involvement of a contractor, is this act applicable?

With regards,
Nizammuddin.K

Thank you for your reply. Do you mean if we recruit candidates directly from another state, the ISMW Act is not applicable, right? Are you sure about this information?

With regards,
K. Nizammuddin

Applicability of the Inter-State Migrant Workmen Act to Andhra Pradesh

The Inter-State Migrant Workmen Act is applicable to Andhra Pradesh. The Act aims to regulate the employment of inter-state migrant workmen and to provide for their conditions of service. As per the Act, a principal employer who employs inter-state migrant workmen is required to ensure various responsibilities such as the payment of wages, providing suitable accommodation, and ensuring health and safety measures at the workplace.

Responsibilities of the Principal Employer under the Act

The responsibilities of the Principal Employer under the Act include:

1. Registration of establishments where inter-state migrant workmen are employed.
2. Notifying the appropriate authorities regarding the employment of inter-state migrant workmen.
3. Providing suitable and humane conditions of work to the migrant workmen.
4. Ensuring the payment of wages directly to the workmen or through a designated representative.
5. Providing facilities for first aid and medical care at the workplace.
6. Ensuring that the workmen are not employed for more than the prescribed hours of work.
7. Taking necessary steps to ensure the welfare and social security of the migrant workmen.

It is essential for the Principal Employer to comply with the provisions of the Inter-State Migrant Workmen Act to safeguard the rights and interests of inter-state migrant workmen employed in their establishments.

Applicability of ISMWC to Deputed Employees

We have one MNC whose head office is in West Bengal, and they have deputed 10 persons to my unit situated in Rajasthan. I would like to know if the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act (ISMWC) will be applicable to these 10 persons.

Regards,
Anil

To obtain a license under this act from the principal employer and to determine when the annual return should be submitted to the department, please provide guidance. If there is a website related to licensing, kindly assist me by providing the information.

If anyone can explain the process of remitting the Displacement Allowance to the Board under ISMW.

Dear Ritesh, Rule 54 of THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) CENTRAL RULES, 1980 asks us to display the abstract of the Act & Rules as approved by the Deputy Labour Commissioner (Central), but we have not come across such an abstract approved by the authority for displaying it at the premises. Central Rules may be read as under.

Display of an abstract of the Act and the Rules

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

Rule 54 of HARYANA INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) RULES, 1981 may be read as under.

Display of an abstract of the Act and the Rules. Section 35(2)(n)

Every contractor shall display an abstract of the Act and the rules in English and Hindi and in the language spoken by a majority of migrant workmen in such form as may be approved by the Deputy Labour Commissioner. In this case, also we have not come across any approved abstract.

Please go through the rules of your appropriate government for this purpose. In case of any difficulty, you may approach the labour department.

R N KHOLA