REQUEST FOR PROPOSALS for the safety and welfare of migrant workers and construction workers and
The Inter-State Migrant Workmen (RE&CS) Act, 1979 and its Rules, 1980.
Procedure for Getting Registration by the Principal Employer and Licences by the Contractors Under the Inter-State Migrant Workmen (RE&CS) Act, 1979 and its Orissa Rules, 1980.
1. Registration by the Principal Employers
Principal employer means-
- in relation to any office or department of the Government or a local authority, the head of that office, department or authority or such other officer as the Government or the local authority, as the case may be, may specify in this behalf;
- in relation to a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948, the person so named;
- in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named;
- in relation to any other establishment, any person is responsible for the supervision and control of the establishment.
- As per provisions of Sec.4 of the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 every principal employer of an establishment who employs five or more Inter-State Migrant Workmen on any day of the preceding 12 months has to apply for its registration to the concerned Registering Officer-cum-Dist. Labour Officer.
- The Local District Officer has been declared as Registering Officer who will grant registration.
- The employer has to apply in Form No.1 to the respective District Labour Officer-cum-Registering Officer of the district along with Treasury Challan in support of prescribed fees as under.
- Head of Account - 0230-Labour & Employment-101-Receipt under Labour Laws-0014-collection of fees & fines-02082-Miscellounes other receipt under Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979.
The fees to be paid for the grant of certificate of registration of an establishment under section 4 shall be as specified below:
- Amendment of certificate of registration- The employer who desires to have registration certificate amended shall make an application to the above authority stating therein the nature of amendment required and reasons thereof along with the registration certificate and treasury challan in support of deposit of differential amount of fees if the no. of contract labourers proposed to be engaged is more than the no. for which he has taken the Registration Certificate for necessary amendment.
|is 5, but does not exceed 20||₹ 400|
|exceeds 20, but does not exceed 50||₹ 1000|
|exceeds 50 but does not exceed 100||₹ 2000|
|exceeds 100 but does not exceed 200||₹ 4000|
|exceeds 200 but does not exceed 400||₹ 8000|
|exceeds 400 but does not exceed 800||₹ 12000|
|exceeds 800 but does not exceed 1000||₹ 13000|
|exceeds 1000||₹ 20000|
2. Licences by the Contractors
- “Contractor” means a person who undertakes (whether as an independent contractor,agent,employee or otherwise) to produce a given result for the establishment, other than mere supply of goods or articles of manufacture to such establishment, and includes a sub contractor,Khatadar,Sardar,agent or any other person, by whatever name called ,who recruits or employs workmen.
- As per section 8 of the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 a contractor who employees or who employed five or more inter-state migrant workmen on any day of the preceding 12 months has to obtain a licence under the act.
- The Local District Labour Officers have been declared as Licensing Officer who will grant licences to the contractors.
- A contractor shall apply for obtaining a licence under the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 to the Licensing Offer-cum-District Labour Officer having jurisdiction in relation to the area in
(1) Form-IV for recruitment by the contractor in home state,
(2) Form-IV-A for recruitment by the local Agent, who supply migrant workmen to the contractors of the outside State and
(3) Form-V for employment of migrant workmen in the Recipent State.
- Every application for grant of a licence under the above act shall be accompanied by a certificate of the principal employer in Form –VI along with necessary treasury challan showing the fees deposited.
- Each contractor at the time of making an application for grant of a licence under the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 should submit the following information.
- Each Contractor while applying for a licence should submit the detailed name, address, age & place of work of the migrant workmen to the Licensing Officer. License shall be issued only after such information is obtained.
- A Contractor at the time of obtaining a licence should give an undertaking that he will be responsible for the health and safety of the migrant workmen recruited by him at the work place till the time of his return to his native place.
- At the time of applying for a licence the contractor should submit his photograph and his mobile number. The photograph and mobile number of the workmen and the name, relationship and mobile number of the next of kin of the workmen should also be submitted.
- Pass Book is to be issued to each migrant workman before his departure from his village.
- A signed self declaration is to be obtained from the workman to the effect that he is migrating outside the State of his own free will.
- Fees :-The fees o be deposited for grant of Licence are as follows
If the number of migrant workmen recruited or employed by the contractor on any day-
|5, but does not exceed 20||₹ 200|
|exceeds 20, but does not exceed 50||₹ 400|
|exceeds 50 but does not exceed 100||₹ 800|
|exceeds 100 but does not exceed 200||₹ 1600|
|exceeds 200 but does not exceed 400||₹ 3200|
|exceeds 400 but does not exceed 750||₹ 4000|
|exceeds 750 but does not exceed 1000||₹ 5000|
|exceeds 1000 but does not exceed 2000||₹ 6800|
|exceeds 2000||₹ 10000|
- Security Deposit – Security deposit @ Rs.100/- per inter-state migrant workmen for which licence has been applied is to be deposited in shape of treasury challan. The same shall be refunded if the contractor does not intend to renew his licence and makes an application for refund of the security deposit.
- The licence shall remain valid till the end of calendar year during which it is issued and may be renewed for a further period of one year from the date of expire of licence.
- Renewal of licence: - Every contractor may apply for the renewal of the licence to the Licensing Officer in Form-IX in triplicate and shall be made not less than 30 days before the date on which the licence expires.
- The fees chargeable for renewal of the licence shall be same for the grant thereof. Provided that if the application for renewal is not received within the time of specified a fee of 25% in excess of the fee ordinarily payable for the licence shall be payable for such renewal.
- The employer who desires to have license amended shall make an application to the above authority stating therein the nature of amendment required and reasons thereof along with the original licence and treasury challan in support of deposit of differential amount of fees amount if the no. of contract labourers proposed to be engaged is more than the no. for which he has taken the licence for necessary amendment.
- Fees for issue of duplicate certificate or licence – Where a certificate of registration or licence granted or renewed under the preceding rules has been lost, defaced or accidentally destroyed, a duplicate there of may be granted on payment of fees of 60 rupees.