A & N ISLANDS INTER – STATE MIGRANT WORKMEN  (REGULATION OF EMPLOYMENT AND CONDITIONS OF  SERVICE) RULES, 1983

A & N ISLANDS INTER – STATE MIGRANT WORKMEN REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) RULES, 1983

CHAPTER

I................................................................................................................................................ 5 Preliminary.............................................................................................................................................. 5 1. Short title and Commencement.— ................................................................................................ 5 2. Definitions.—.................................................................................................................................. 5 CHAPTER II .............................................................................................................................................. 6 REGISTRATION OF ESTABLISHMENTS .................................................................................................... 6 3. Manner of Making Application for Registration of Establishments.—......................................... 6 4. Issue of certificate of registration.— ............................................................................................. 6 5. Circumstance in Which Application For Registration May be Rejected.—................................... 7 6. Amendment of

Certificate of Registration.—................................................................................ 7 7. Application For a Licence.—........................................................................................................... 7 8. Matters to be Taken into Account in granting or refusing a license.—........................................ 8 9. Refusal of issue licence.—.............................................................................................................. 8 10. Security.—....................................................................................................................................... 9 11. Forms and terms and conditions of licence.— .............................................................................. 9 12. Fees.—........................................................................................................................................... 10 13. Amendment of the licence.— ...................................................................................................... 11 14. Renewal of licence.— ................................................................................................................... 11 15. Period of renewal of the licence.—.............................................................................................. 12 16. Issue of duplicate certificate of registration or licence.— .......................................................... 12 17. Refund of security.—.................................................................................................................... 12 18. Appeals and procedure.—............................................................................................................ 12 19. Obtaining of copies of orders.— .................................................................................................. 13 20. Payment of fees and security deposits.— ................................................................................... 14 CHAPTER III ........................................................................................................................................... 14 DUTIES OF THE CONTRACTOR .............................................................................................................. 14 21. Particulars of migrant workman.—.............................................................................................. 14 22. Return Fare.—............................................................................................................................... 14 23. Pass Book.—.................................................................................................................................. 14 24. Return and Report.— ................................................................................................................... 15 CHAPTER IV ........................................................................................................................................... 15 WAGES .................................................................................................................................................. 15

25. Rates of Wages.—......................................................................................................................... 15 26. Wage-period.—............................................................................................................................. 16 27. Limit of wage-period.—................................................................................................................ 16 28. Payment of wages.—.................................................................................................................... 16 29. Payment on termination.—.......................................................................................................... 16 30. Mode of payment.— .................................................................................................................... 16 31. Persons to whom wages should be paid.—................................................................................. 16 32. Kind of payment.—....................................................................................................................... 16 33. Notice of Payment.— ................................................................................................................... 16

34. Requirement of presence of authorised representative when payment is made.— ................ 16

35. Certificate Regarding Payment.—................................................................................................ 17 CHAPTER V ............................................................................................................................................ 17 MEDICAL AND OTHER FACILITIES TO BE PROVIDED TO MIGRANT WORKMEN ................................. 17 36. Holidays, hours of work and other conditions of service.—....................................................... 17 37. Medical facilities.— ...................................................................................................................... 17 38. Protective clothing.—................................................................................................................... 19 39. Drinking water, latrines, urinals and washing facilities.—.......................................................... 19 40. Rest rooms.—................................................................................................................................ 19 41. Canteens.—................................................................................................................................... 20 42. Latrines and urinals.—.................................................................................................................. 22 43. Washing facilities.—..................................................................................................................... 23 44.

Creche.—....................................................................................................................................... 23 45. Residential accommodation:-- ..................................................................................................... 24 46. Liability of the principal employer in certain cases.— ................................................................ 24 47. Relaxation in certain cases.— ...................................................................................................... 25 CHAPTER VI ...........................................................................................................................................

25 REGISTERS AND RECORDS-COLLECTION OF STATISTICS...................................................................... 25 48. Registers of Contractors.—........................................................................................................... 25 49. Register of persons employed.—................................................................................................. 25 50. Service Certificate.— .................................................................................................................... 25

51. Displacement-cum-outward journey allowances sheet and return journey allowances register.— ............................................................................................................................................. 25

52. Muster roll, wages register, deduction register and overtime register.—................................. 25 53. Maintenance and preservation of register.— ............................................................................. 26 54. Display of abstract of the Act and the Rules.—........................................................................... 27 55. Notices.—...................................................................................................................................... 27 56. Periodical returns.—..................................................................................................................... 27

57. 27

CHAPTER VII .......................................................................................................................................... 28 LEGAL AID TO MIGRANT WORKMAN................................................................................................... 28 58. Legal aid.—.................................................................................................................................... 28

A & N ISLANDS INTER – STATE MIGRANT WORKMEN REGULATION OF

EMPLOYMENT AND CONDITIONS OF SERVICE) RULES, 1983 No. 286/38/79-95/80-H&R. – Whereas draft of Andaman and Nicobar Islands Inter State Migrant Workmen (Regulation of Employment and Conditions of Service)  

Rules, 1982 was published as required by sub- section (1) of section 35 of the Inter state Migrant Workmen (Regulation of Employment and Conditions of Service) Act,  1979, with the Andaman and Nicobar Administration’s Notification No 54/79 dated  

23rd March, 1982 in the Andaman and Nicobar Gazette Extraordinary Issue No 47  dated 2,

1982,

inviting

objections or suggestions from all persons likely to be affected thereby before the expect days from the date of publication of the said Notification in the Official Gazette:

And Whereas copies of the said Official Gazette were made available to the public  on March 1982;

And whereas, no objection or suggestion has been received from the public on the  said Administration;

Now, therefore, in exercise of the powers conferred by section 35 of the Inter State  Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979  read with the Notification No. 3/80 LW dated 14th July, 1982 of the Govt of India in  the Ministry of Labour, the Lt. Governor (or) A & N Islands hereby makes the following rules, namely:--

A & N ISLANDS INTER – STATE MIGRANT WORKMEN REGULATION OF EMPLOYMENT AND  CONDITIONS OF SERVICE) RULES, 1983

CHAPTER I

Preliminary

1. Short title and Commencement.—

(1) These rules may be called the Andaman and Nicobar Islands Inter-State Migrant Workmen (Regulation of Employment and Conditions of

Service) Rules, 1983.

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

Official Gazette. 2. Definitions.—

In these rules unless the subject or context otherwise requires,--

(a) “Act” means Inter-State Migrant Workmen (Regulation of Employment and  Conditions of Service) Act, 1979;

(b) “Appellate Officer” means an appellate officer nominated by the Andaman  Administration under section 11;

(c) “Labour Commissioner” means an officer as such appointed by the Andaman Administration;

(d) “Form” means a form appended to these rules;

(e) “Inspector” means an Inspector appointed by the Andaman And Nicobar  Administration under section 20;

(f) “licensing officer” means the licensing officer appointed by the Government  under section 7;

(g) “migrant workman” means an inter-State migrant workman as defined in section 2;

(h) “registering officer” means a registering officer appointed by the Government  under section 3;

(i) “section” means a section of the Act;

(j) “specified

authority”

means the

authority

specified by

the

Government

for the

purposes of

sections 12 and

16;

(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

REGISTRATION OF ESTABLISHMENTS

3. Manner of Making Application for Registration of Establishments.— (1) The application for registration of an establishment shall be made in triplicate, in

Form I, to the registering officer of the area in which the establishment sought to be registered is located.

(2) The application shall be accompanied by a Treasury receipt showing payment of the fees for the registration of the establishment.

(3) The application shall be either personally delivered to the registering officer or sent to him by registered post.

(4) On receipt of the application the registering officer shall, after noting therein the date of receipt by him of the application, give an acknowledgement to the  applicant.

4. Issue of certificate of registration.—

(1) When the registering officer registers an establishment, he shall 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 establishments in relation to which certificates of 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.

5. Circumstance 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 so as to  take it complete in all respects.

(2) If the principal employer, on being required by the registering officer to amend his application for registration, omits or fails to do so, the registering officer shall reject the application for registration.

6. Amendment of Certificate of Registration.—

(1) Where on receipt of the intimation under sub-rule (3) of rule 4, 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 establishments

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

receipt

showing such  

deposit.

(2) Where, on receipt of the intimation referred to in sub-rule (3), of rule 4, 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 change thus 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.

7. Application For a 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 in duplicate in 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 Form V to the licensing officer having jurisdiction in relation to the area wherein the establishment is situated.

(3)

(i) Every application for the grant of a licence under sub-rule (1) or sub-rule (2), shall be accompanied by the 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.

(4) On receipt of the application referred to in sub-rule (1) or sub-rule (2), the  licensing officer concerned shall, after noting there on the date of receipt of the application, give an acknowledgement to the applicant.

(5) Every application referred to in sub-rule (1) shall also be accompanied by the receipt obtained as required by rule 20.

8. Matters to be Taken into Account in granting or refusing a license.—

In

granting

or

refusing

to grant a

licence

the

licensing

officer

shall take

the following matters into account, 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 office, which, in the opinion of the Government, involves moral turpitude;

(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 has elapsed from the date of that order;

(c) whether the fee for the application has been deposited by the applicant 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.

9. Refusal of issue 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 application for a licence.

(2)

(i) Where the Licensing Officer is of opinion that the licence should not be  issued, he shall, after affording reasonable opportunity to the applicant  for being heard, make an order rejecting the applicant.

(ii) The order shall record the reasons for the refusal and shall be  

communicated to the applicant.

10. 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 factors specified in sub- section (3) of the said section and after considering the solvency of such person, determine the amount of the security to be furnished by such person, which shall not exceed forty per cent. of the amount estimated by him.

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

11. Forms and terms and conditions of licence.—

(1) Every licence issued under sub-section (1) of section 8 shall be in Form VIII.

(2) Every licence granted under sub-rule (1) or renewed under Rule 15 shall be  subject to the following conditions, namely:-

(i) the licence shall be non-transferable;

(ii) the terms and conditions of the agreement or arrangement or the  arrangement under which the migrant workman is recruited or  employed;

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

(iv) the number of workmen recruited or employed as migrant workmen in the establishment shall not on any day, exceed the maximum number  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 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 the case of any disagreement with regard to the  type of work, the same shall be decided by the Labour  

Commissioner 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 prescribes 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 workman

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  

Midwives and who

are 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;

(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;

12. Fees.—

(1) The fees 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

(2) The fees to be paid for grant licence under section 7 shall be as specified below:-

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

13. Amendment of the licence.—

(1) A licence granted under Rule 11 or renewed under the rule 15 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 application stating the nature of amendment and reasons therefor.

(3)

(i) If the licensing officer allows the application he shall require the applicant to furnish treasury receipt for the amount, if any, by which the fees that

would have been payable if the licence had payable if the licence had

been originally issued in the amended form exceeds the fee originally

paid for licence.

(ii) On the applicant furnishing the requisite the licence shall be amended  according to orders of the licensing officer.

(4) Where the application for amendment is refused the licensing officer shall  record the reason such refusal and communicate the same of the applicant.

14. Renewal of licence.—

(1) Every contractor may apply to the licensing officer for renewal of the licence.

(2) The application 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 the licence shall be deemed to have been renewed licence until such date where the renewed licence is issued

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

Provided that if the application for renewal is not received within the time  specified in sub-rule (2), a fee of 25%. 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 control of the contractor, he may reduce or remit as he deems fit  the payment of such excess fee.

15. Period of renewal of the licence.—

Every licence renewal under this rule 15 shall remain in for a further period of  twelve months from the date of the order of renewal.

16. Issue of duplicate certificate of registration or licence.—

Where a certificate of registration or a licence granted or renewed under the  preceding rules has been lost, defaced or accidently destroyed, as the case thereof  may be granted on payment of fees Rs 10.  

17.

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 get 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, the amount to be forfeited shall be deducted from 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.

18. Appeals and procedure.—

(1)

(i) Every appeal under section 11 shall be prepared 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.

(ii) The memorandum shall be accompanied by a certified copy of the order  and a treasury… for Rs25.

(2) The Memorandum shall set forth presisely and under distinct heads the grounds 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 time to be fixed by the appellate officer.

(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 or the Licensing Officer, as the case may be, from whose order the appeal has been preferred. The Registering officer or as the case may be, the Licensing Officer 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

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 extend the time for sufficient reasons, be made within thirty days of 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 judgment 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.

19. Obtaining of copies of orders.—

A Copy of the order of the registering officer, licensing officer, or appellate officer  may be obtained on payment of fees of Rs. 2/- per copy of each order on application specifying the date and other particulars of the order, made to the  officer concerned.

20. Payment of fees and security deposits.—

(1) The payment of the various fees relating to registration licensing and security  deposits shall be made through a treasury receipt drawn in favour of the  concerned departmental officer and payable at the station at which he is

stationed along with a Treasury Challan duty filled in indicating the relevant  head of account creditable to the concerned Pay and Accounts Office.

(2) The heads of accounts under which the receipts relating to the fees for  registration, licensing and appeals etc, shall be credited will be B-Non-Tax  Revenue-087 Labour and Employment Receipts under A& N Islands Inter-State  Migrant

Workmen

(Regulation

and condition

of services)

Rules – 1983.

The Security

deposits are to

be booked

under the head

Deposits

Advance (b)  

Deposits not

bearing

interest 843-

Civil Deposits

Security

Deposits.  

CHAPTER III

DUTIES OF THE

CONTRACTOR

21. Particulars of migrant workman.—

(1) Every contractor shall furnish to the specified authorities the particulars  regarding recruitment and employment of migrant workmen in Form No. X

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

22. Return Fare.—

The Contractor shall pay to the migrant workman the return fare from the place of  employment to the place of residence in the home-State of the migrant workman 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 employment 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.

23. Pass Book.—

(1) In the pass book referred to in clause (4) of sub-section (1) of section 12, the  following additional particulars shall be provided, namely:--

(a) the date of recruitment;

(b) the date of employment;

(c) wage period, total attendance/unit or 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 or such other speedy made of  communications to the specified authorities of both the States and also the next of the kind 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, within 24 hours of the occurrence of the accident:--

(a) Name of the migrant workman;

(b) Date, place and nature of accident;

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

(d) Action taken by the contractor/principal employer; and

(e) Remarks.

(3) If the contractor fails to send the telegraphic intimation and/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 from the time of occurrence of the accident.

24. Return and Report.—

Every contractor shall furnish a return regarding workman who have ceased to be  employed In Form XI to be specified authorities concerned either personally or by  registered post so as to reach them not later than 15 days from the date of the  migrant workman ceased to be employed.

CHAPTER IV

WAGES

25. Rates 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 workmen directly  employed by him in that establishment or the minimum rates of wages notified by the Government under the Minimum Wages Act, 1948 (Central Act XI of 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 Labour Commissioner whose decision shall be final.

26. Wage-period.—

The contractor shall fix wage periods in respect of which wages shall be payable. 27. Limit of wage-period.—

No wage period shall exceed one month.

28. Payment of wages.—

The wages of every migrant workman in an establishment by a contractor where less than

1000

workmen

are

employed

shall be

paid

before

the expiry

of the  

seventh

day and

in other

cases

before

the expiry

of the

tenth day

of every

month.

29.

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 second working day from the day on which his employment is terminated.

30. Mode of payment.—

All payments of wages, shall be made on working day at the work site and during the working time and on a date notified in advance. In case the work is completed before the expiry of final payment shall be made within forty-eight hours of the last working day.

31. Persons to whom wages should be paid.—

Wages due to every migrant workman shall be paid to him direct or to other  persons duly authorised by him in this behalf.

32. Kind of payment.—

All wages shall be paid in current coin or in currency or in both. Wages shall be paid  without any deduction of any kind except those specified by the Central Government or Andaman and Nicobar Administration by general or special order in this behalf or permissible under the Payment of Wages Act, 1936 .

33. Notice of Payment.—

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.

34. Requirement of presence of authorised representative when payment is made.— 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  workman and it shall be the duty of the contractor to ensure the disbursement of  wages in the presence of such authorised representative.

35. Certificate Regarding Payment.—

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 the migrant  workman concerned in my presence on……….”.

CHAPTER V

MEDICAL AND OTHER FACILITIES TO BE PROVIDED TO MIGRANT WORKMEN 36. 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 less

favourable

than those

obtaining in

the

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 of work including extra wages for overtime work done and other conditions of service to a migrant workman under clause (a) of sub section (1) of section 13, the same shall be decided by

the Commissioner of Labour whose decision shall be final.

37. 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 from market on the basis of the prescription issued by any Doctor provided by the contractor or the principal employer, as the case may be, or any registered medical practitioner, the cost of such medicine shall be reimbursed by the contractor to the migrant workman concerned within a period of seven days from the date of presentation of the

bill by the migrant workman.

(2) In the event of migrant workman or any of his family members at station 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 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 thereon.

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

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

(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 does and mode

of administration

indicated

on the label;

(vii) 1 snake-bite lancet;

(viii) 1 (30

gms.) bottle of

Potassium

permanganate crystals; (ix) 1 pair of scissors;

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

(xi) A bottle containing 100 tablets (each of 5 grains) of aspirin; (xii) Ointment for burns;

(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 equipment:--

(i) 12 small sterilized dressings;

(ii) 6 medium size sterilized dressings;

(iii) 6 large size sterilized dressings;

(iv) 6 large size sterilized burn dressings;

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

(vi) 1 (60 ml.) bottle containing a two per cent. alcoholic solution of  iodine;

(vii) 1 (60 ml.) bottle containing salvolatile having the does 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 permanganate crystals;

(xi) 1 pair of scissors;

(xii) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advice Service and Labour Institute, Government of India; (xiii) A bottle containing 100 tablets (each of 5 grams) of aspirin;  

(xiv) Ointment for burns; and

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

(5) Adequate arrangements shall be made for immediate recoupment 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 workmen is one hundred and fifty or more.  

38. Protective clothing.—

(1) The contractor shall provide to every migrant workman where the temperature fall below 20 degree centigrade, protective clothing consisting of one woollen coat and one woollen trousers, woollen cap once in two years:

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

39. Drinking water, latrines, urinals and washing facilities.—

(1) The Contractor shall provide sufficient quantity of wholesome drinking water,  sufficient number of sanitary latrines and urinals, washing facilities for the  migrant workmen at the establishment in the case of existing establishments  within seven days of the commencement of these rules, and in case of new  establishments within seven days of the commencement of employment of  migrant workmen therein.

(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).

40. Rest rooms.—

(1) In every place where migrant workmen are required to halt at night in connection with the working of the 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 fifteen days of the commencement of the employment of migrant workmen in the 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 provision shall be made in every room for securing and  maintaining adequate ventilation by circulation of fresh air, and there shall also be provided and maintained sufficient and suitable natural and artificial  lighting.

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

(6) The rest

room, other

suitable

alternative

accommodations shall be so constructed as to afford adequate protection against heat, wind, rain and shall have smooth 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.

41. Canteens.—

(1) In every establishment wherein work regarding the employment of migrant  workmen is likely to continue for six months 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 sixty days of 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 materials 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  4 months.

(6)

(i) The precincts of the canteen shall be maintained in a clean and sanitary  conditions.

(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 arrangements 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 areas occupied by the service  counter and

any furniture

except tables

and chairs shall

be not 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 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 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 foodstuffs 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 foodstuffs, beverages 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 foodstuffs 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 equipment including  furniture, crockery, cutlery and utensils;

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

(e) The interest on the amount spend in the revision 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 Labour Commissioner 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.

42. 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 25 females;

(b) Where males are employed, there shall be at least one latrine for every 25 males:

Provided that where the number of males or females exceeds 190 it shall be sufficient if there is one latrine for every 25 males, or females as the case may be, upto the first 100, and one for every 30 thereafter.

(2) Every latrine shall be under cover 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 latrine and urinal a notice in the language  understood by the majority of the workmen “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 woman, as the case  may be.

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

Provided 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 upto the first 500 and one for every 100 or part thereof thereafter.

(5) The latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishments.

(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 the public health authorities.

(7) Water shall

be provided by

means of tap or

otherwise so as

to be conveniently accessible in or near the latrine and urinals.

43. 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 workman.

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

44. Creche.—

(1) In every establishment where 20 or more workmen are ordinarily employed as migrant workmen and in which employment of migrant workmen is likely to continue for three months 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 fifteen days of the coming into force of the rules, in case of existing establishment, and within fifteen days of the commencement of the employment of not less than twenty women 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 beddings in the sleeping room.

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

(6) The creche 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.

45. Residential accommodation:--

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

(i) in case he is accompanied by any other member of his family a suitable  quarter consisting of minimum one room having at least a floor area of 10 square metres, 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 workman making use of the barrack, a verandah and adequate additional covered space for cooking food as well as one common sanitary latrine , 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 migrant workmen (sic.) 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.

(4) The area in which the quarters and/or the barracks are located as well as the latrines and 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 fifteen days of the expiry of the period laid down in the said  rule.

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

46. Liability of the principal employer in certain cases.—

If any allowance required to be paid under section 14 or section 15 to a migrant  workman employed in an establishment to which the Act applies 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:

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.

47. Relaxation in certain cases.—

If the contractor or principal employer as the case may be, has already provided any

facility relating to supply of wholesome drinking water or rest-rooms or latrines and  urinals or washing, canteen or crèche or first-aid is 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 RECORDS-COLLECTION OF STATISTICS

48. Registers of Contractors.—

Every principal employer shall maintain in respect of each registered establishment  a register of contractors in Form XII.

49. Register of persons employed.—

Every principal employer and contractor shall maintain in respect of each  establishment where they employ migrant workmen, a register in Form XIII.

50. Service Certificate.—

On termination of employment for any reason whatsoever, the contractor shall issue to the migrant workman whose service has been terminated a service certificate in Form XIV.

51. Displacement-cum-outward journey allowances sheet and return journey  allowances register.—

(1) Every contractor shall maintain displacement-cum-outward journey allowance  sheet in Form XV and return journey allowance register as required in Form XVI respectively.

(2) Entries in the sheet and the register required to be maintained under sub-rule (1) shall be authenticated by the contractor or his duly authorised

representative.

52. Muster roll, wages register, deduction 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 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 these Acts and 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; and

(f) register of advances;

(2) In respect of establishments not covered by any of the Acts or the Rules referred to in sub-rule (1), the following provisions shall apply, namely:-

(a) Every contractor shall maintain a 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

representatives of  

the principal

employer as required

by rule 35.

(c) Register of

deduction, register of

fines and register of

advances; Register of deductions for damage or loss 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 a register of overtime in Form XXII.

(3) Notwithstanding anything contained in these rules where a combined or an  alternative form is sought to be used by the contractor to avoid duplication of  work for compliance with the provisions of any other law 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 Labour

Commissioner.

53. Maintenance and preservation of register.—

(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 of 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 preserved in original for a period of  three calendar 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 Labour Commissioner or any  other authority under the Act or any person authorised in that behalf by the  Andaman and Nicobar Administration.

(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 Forms XIX and XX and XXI respectively.

54. Display of abstract of the Act and the Rules.—

Every contractor shall display an abstract of the Act and rules in English and Hindi and in language spoken by majority of migrant workman in such forms as may be notified by the Labour Commissioner.

55. 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 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 principal employer or the contractor, as the case may be.

(ii) The notice shall be correctly maintained in a clean and legible condition. (2) A copy of the notice shall be sent to the Inspector and whenever any changes

occur, the same shall be communicated to him forthwith.

56. Periodical returns.—

(1) Every contractor shall send half yearly return in Form XXIII (in duplicate) so as to reach the licensing officers concerned not later than thirty days from the close of the half year.

Note.—Half year for the purposes of this rule means a period of six months  commencing from the 1st January and 1st July of every year.

(2) Every principal employer of a registered establishment shall send annually a  return in Form 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.

57.

(1) The Labour Commissioner of 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 or 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 WORKMAN

58. Legal aid.—

On receipt of a written application from migrant workman 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 33C (2) of the Industrial Disputes Act, 1947 or Commissioner for Workmen‘s Compensation under the 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 engage an advocate to conduct the relevant proceedings on behalf of the migrant workman

or his legal heir as the case may be and meet all legal expenses in this regard.