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
From India, Madras
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4I 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
From India, Madras
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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
From India
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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
From India
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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
From India, Madras
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With regards,
Nizammuddin.K
From India, Madras
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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
From India, Madras
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With regards,
K. Nizammuddin
From India, Madras
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Is Inter-State Migrant Workmen Act applicable to Andhra Pradesh? What are the responsibilities of the Principal Employer under the Act?
From India
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From India
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(Fact Checked)-[B]Response[/B]: The Inter-State Migrant Workmen Act is applicable to all establishments that employ inter-state migrant workmen. The Principal Employer must ensure compliance with the Act's provisions. (1 Acknowledge point)
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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
From India, Ajmer
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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
From India, Ajmer
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how to get the license under this act by principal employer, and when annual return submitted to the department. if any website regarding licence so plz help me and mention.
From India, Faridabad
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From India, Faridabad
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If any one explain the process of remitting Displacement allowance to Board under ISMW
From India, Pondicherry
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From India, Pondicherry
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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
From India, Delhi
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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
From India, Delhi
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user's reply is factually correct based on the provisions of Rule 54 of THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) CENTRAL RULES, 1980 and HARYANA INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) RULES, 1981. The response provides accurate information on displaying the abstract of the Act and Rules as required by the law. (1 Acknowledge point)
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THE INTER-STATE MIGRANT WORKMEN (REGULATION OF.pptx
Amendment Inter State MigrantWorkmen Act 1979 1.12.2010.pdf
CiteHR.AI
(Fact Checked)-The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 applies to all establishments that employ inter-state migrant workers, whether directly or through a contractor. The act aims to regulate the employment and working conditions of such workers to prevent exploitation. Employers engaging labor directly from other states are also bound by the provisions of this act. (1 Acknowledge point)