THE INTER – STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) (TAMIL NADU) RULES, 1983

1 · No. S.R.O. A-219 (a)/83. –Whereas the draft of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983 was published as required by subsection (1) of section 35 of the Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979) at pages 225 – 276 of Part III—Section (1) (a) of the Tamil Nadu Government Gazette, dated the 25 th May 1983, as Notification No. S.R.O. A/123/83, dated the 2 nd March, 1983;

1 · Vide the Tamil Nadu Government Gazette. Extraordinary, Pt. III, Sec. 1(a), dated the 12 th September, 1983, at p.1.

2 · [(3) Every application referred to in sub-rule (1) shall be made through online portal of the Directorate of Industrial Safety and Health or through online portal of the Commissionerate of Labour or personally delivered to the registering officer concerned or sent to him by registered post] .

1 · Ins. by G.O.Ms. No. 137, Labour and Employment, dated the 10 th October 2018.

2 · Sub. by G.O.Ms. No. 137, Labour and Employment, dated the 10 th October 2018.

7 · Application for a licence.—

2 · [(b) Every such application shall be made through online portal of the Directorate of Industrial Safety and Health or shall be made through online portal of the Commissionerate of Labour or personally delivered to the licensing officer concerned or sent to him by registered post] .

1 · Subs. by G.O. Ms. No. 3, Labour and Employment, dated the 6 th January, 2015.

2 · Subs. by G.O. Ms. No. 137, Labour and Employment, dated the 10 th October, 2018 .

1 · Ins. by G.O. Ms. No. 137, Labour and Employment, dated the 10 th October, 2018.

1 · [(xiv) any change in the number of migrant workmen shall be notified to the licensing officer within seven days of such change.]

1 · Added by G.O. Ms. No. 1880, Labour and Employment dated the 27 th October, 1989.

1 · Subs. by G.O. Ms. No. 3, Labour and Employment, dated the 6 th January, 2015.

2 · Subs. by G.O. Ms. No.3, Labour and Employment, dated the 6 th January, 2015.

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

16 · Issue of duplicate certificate of registration or licence.-(1) Where a certificate of registration or a licence granted under rule 9, or renewed under rule 15 is lost, stolen, defaced or destroyed, the principal employer or the contractor shall forthwith report the matter to the Registering officer or the Licensing Officer, as the case may be, by whom the registration certificate or licence was issued or as the case may be, last renewed and may make an application to that officer for the issue of a duplicate registration certificate or a licence.

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1 · Ins. by. G.O. Ms. No. 137, Labour and Employment, dated the 10 th October, 2018.

2 · Subs. by. G.O. Ms. No. 3, Labour and Employment, dated the 6 th January, 2015.

17 · Refund of security.-(1) (a) 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.

18 · Appeals and procedure.—(1) 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.

19 · Obtaining of copies of orders.—A Copy of the order of the registering officer, licensing officer, or appellate officer may be optained 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) All fees relating to registration, licensing and Security Deposits shall be paid into the local treasuries under the Head of Account ―087. Labour and Employment—AG other Receipts—10 Receipts under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Tamil Nadu Rules, 1983 D.P.C. 087A—AGAA— 1000‖ and receipt obtained shall be submitted with the application for registration certificate or licence as the case may be, or Memorandum of appeal.

21 · Particulars of migrant workman.—(1) Every contractor shall furnish the particulars regarding recruitment and employment of migrant workmen in Form No. X to the Inspectors specified below: -

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:-

24 · Return and Report.—Every contractor shall furnish a return to the specified authorities concerned in Form XI regarding the migrant workmen who have ceased to be employed 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.

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

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.

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:

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 thereon.

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.

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.

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

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.

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.

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

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 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:

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.

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 as required under section 14 in Form XV and return journey allowance register as required under section 15 in Form XVI.

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 (Central Act IV of 1936) and the rules made thereunder or the Minimum Wages Act, 1948 (Central Act XI of 1948) and the rules made thereunder, or Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 46 of 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.

54 · Display of abstract of the Act and the Rules.— Every contractor shall display an abstract of the Act and rules in Tamil and English in such forms as may be notified by the Government.

55 · Notices.—(1) (a) 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 Tamil and in English 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.

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.

1 · [Provided that no annual return in Form-XXIV need be sent by the Principal employer, if-

57 · Power to call for information.—(1) The Labour Commissioner 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 or principal employer at any time by an order in writing.

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 (Central Act IV of 1936) or Authority under section 20 of the Minimum Wages Act, 1948 (Central Act XI of 1948) or appropriate Labour Court under section 33C (2) of the Industrial Disputes Act, 1947 (Central Act XIV of 1947) or Commissioner for Workmen's Compensation under the Workmen's Compensation Act, 1923 (Central Act VII of 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.

1 · Ins. by.G.O.Ms.No.134, Labour and Employment, dated the 3 rd October 2018.

5 · Whether the contractor was convicted of any offence within the preceding five years. If so, give details.

6 · 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.

7 · 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.

8 · Whether a certificate by the principal employer in Form VI is enclosed.

9 · Amount of licence fee paid-Treasury Challan No. and date.

10 · Amount of security deposit, if any.

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 (Central Act XI of 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 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:

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

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