THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT 
AND CONDITIONS OF SERVICE) ACT, 1979 
_____________ 

ARRANGEMENT OF SECTIONS 
__________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent, commencement and application. 
2.  Definitions. 

CHAPTER II 

REGISTRATION OF ESTABLISHMENTS EMPLOYING INTER-STATE MIGRANT WORKMEN 

3.  Appointment of registering officers. 
4.  Registration of certain establishments. 
5.  Revocation of registration in certain cases. 
6.  Prohibition against employment of inter-State migrant workmen without registration. 

CHAPTER III 

LICENSING OF CONTRACTORS 

7.  Appointment of licensing officers. 
8.  Licensing of contractors. 
9.  Grant of licences. 
10.  Revocation, suspension and amendment of licences. 
11.  Appeal. 

CHAPTER IV 

DUTIES AND OBLIGATIONS OF CONTRACTORS 

12.  Duties of contractors. 

CHAPTER V 
WAGES, WELFARE AND OTHER FACILITIES TO BE PROVIDED TO INTER-STATE  
MIGRANT WORKMEN 

13.  Wage rates and other conditions of service of inter-State migrant workmen. 
14.  Displacement allowance. 
15.  Journey allowance, etc. 
16.  Other facilities. 
17.  Responsibility for payment of wages. 
18.  Liability of principal employer in certain cases. 
19.  Past liabilities. 

20.  Inspectors. 

CHAPTER VI 

INSPECTING STAFF 

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CHAPTER VII 

MISCELLANEOUS 

SECTIONS 

21.  Inter-State migrant workmen to be deemed to be in employment from date of recruitment for the 

purposes of certain enactments. 

22.  Provisions regarding industrial disputes in relation to inter-State migrant workmen. 
23.  Registers and other records to be maintained. 
24.  Obstructions. 
25.  Contravention of provisions regarding employment of inter-State migrant workmen. 
26.  Other offences. 
27.  Offences by companies. 
28.  Cognizance of offences. 
29.  Limitation of prosecutions. 
30.  Effect of laws and agreements inconsistent with the Act. 
31.  Power to exempt in special cases. 
32.  Protection of action taken under the Act. 
33.  Power to give directions. 
34.  Power to remove difficulties. 
35.  Power to make rules. 
36.  Repeals and saving. 
THE SCHEDULE. 

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THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT 
AND CONDITIONS OF SERVICE) ACT, 1979 

ACT NO. 30 OF 1979 

[11th June, 1979.]  

An  Act  to  regulate  the  employment  of  inter-State  migrant  workmen  and  to  provide  for  their 

conditions of service and for matters connected therewith. 

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, extent, commencement and application.—(1) This Act may be called the Inter-State 

Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint: 

Provided  that  if  the  Central  Government  considers  it  necessary  or  expedient  so  to  do  in  the  public 
interest, it may postpone or relax, to such extent as may be specified in such notification, the operation of 
all or any of the provisions of this Act in any State or States for such period not extending beyond one 
year from the date on which this Act comes into force. 

(4) It applies— 

(a) to every establishment in which five or more inter-State migrant workmen (whether or not in 
addition to other workmen) are employed or who were employed on any day of the preceding twelve 
months; 

(b) to every contractor who employs or who employed five or more inter-State migrant workmen 

(whether or not in addition to other workmen) on any day of the preceding twelve months. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “appropriate Government” means,— 

(i) in relation to— 

(1) any establishment pertaining to any  industry carried on by or under the authority of 
the Central  Government  or  pertaining  to  any  such  controlled  industry  as  may  be  specified 
in this behalf by the Central Government; or 

(2) any establishment of any railway, Cantonment Board, major port, mine or oil-field; or 

(3) any establishment of a banking or insurance company, 

the Central Government; 

(ii)  in  relation  to  any  other  establishment,  the  Government  of  the  State  in  which  that 

other establishment is situated; 

(b) “contractor”, in relation to an establishment, 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, by the employment 
of  workmen or  to  supply  workmen  to  the  establishment,  and  includes  a  sub-contractor,  Khatadar, 
Sardar, agent or any other person, by whatever name called, who recruits or employs workmen; 

(c) “controlled industry” means any industry the control of which by the Union has been declared 

by any Central Act to be expedient in the public interest; 

1. 2nd October, 1980, vide notification No. G.S.R. 513(E), dated 11th August, 1980, see Gazette of India, Extraordinary, Part II, 

sec. 3(i). 

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(d) “establishment” means— 

(i) any office or department of the Government or a local authority; or 

(ii) any place where any industry, trade, business, manufacture or occupation is carried on; 

(e) “inter-State migrant workman” means any person who is recruited by or through a contractor 
in one State under an agreement or other arrangement for employment in an establishment in another 
State,  whether  with  or  without  the  knowledge  of  the  principal  employer  in  relation  to  such 
establishment; 

(f) “prescribed” means prescribed by rules made under this Act; 

(g) “principal employer” means,— 

(i) 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; 

(ii) 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 (63 of 1948), the person so 
named; 

(iii) 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; 

(iv)  in  relation  to  any  other  establishment,  any  person  responsible  for  the  supervision  and 

control of the establishment. 

Explanation.—For  the  purposes  of  sub-clause  (iii)  of  this  clause,  the  expressions  “mine”, 
“owner” and  “agent”  shall have  the  meanings  respectively  assigned to them  in clause (j),  clause (l) 
and clause (c) of sub-section (1) of section 2 of the Mines Act,1952 (35 of 1952); 

(h) “recruitment” includes entering into any agreement or other arrangement for recruitment and 

all its grammatical variations and cognate expressions shall be construed accordingly; 

(i) “wages”  shall  have  the meaning  assigned  to  it  in  clause  (vi)  of  section  2  of the  Payment  of 

Wages Act, 1936 (4 of 1936); 

(j)  “workman”  means  any  person  employed  in  or  in  connection  with  the  work  of  any 
establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical 
work for hire or reward, whether the terms of employment be express or implied, but does not include 
any such person— 

(i) who is employed mainly in a managerial or administration capacity; or 

(ii)  who,  being  employed  in  a  supervisory  capacity,  draws  wages  exceeding  five  hundred 
rupees  per mensem,  or  exercises,  either  by  the  nature  of  the  duties  attached  to  the  office  or  by 
reason of the powers vested in him, functions mainly of a managerial nature. 

(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, 

be construed as a reference to the corresponding law, if any, in force in that area. 

CHAPTER II 

REGISTRATION OF ESTABLISHMENTS EMPLOYING INTER-STATE MIGRANT WORKMEN 

3. Appointment of registering officers.—The appropriate Government may, by order notified in the 

Official Gazette,— 

(a) appoint such persons, being officers of Government, as it thinks fit to be registering officers 

for the purposes of this Chapter; and 

(b) define the limits, within which a registering officer shall exercise the powers conferred on him 

by or under this Act. 

4.  Registration  of  certain  establishments.—(1)  Every  principal  employer  of  an  establishment  to 
which this Act applies shall, within such period as the appropriate Government may, by notification in the 

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Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of 
them,  make an application to the registering officer, in such form and  manner and on payment of such 
fees as may be prescribed, for the registration of the establishment: 

Provided  that  the  registering  officer  may  entertain  any  such  application  for  registration  after  the 
expiry  of  the  period  fixed  in  that  behalf,  if  the  registering  officer  is  satisfied  that  the  applicant  was 
prevented by sufficient cause from making the application in time. 

(2)  Within  one  month  after  the  receipt  of  an  application  for  registration  under  sub-section  (1),  the 

registering officer shall,— 

(a)  if  the  application  is  complete  in  all  respects,  register  the  establishment  and  issue  to  the 

principal employer of the establishment a certificate of registration in the prescribed form; and 

(b) if the application is not so complete, return the application to the principal employer of the 

establishment. 

(3)  Where  within  a  period  of  one  month  after  the  receipt  of  an  application  for  registration  of  an 

establishment  under  sub-section  (1),  the  registering  officer  does  not  grant  under  clause  (a)  of                        
sub-section  (2)  the  certificate  of  registration  applied  for  and  does  not  return  the  application  under         
clause  (b)  of  that  sub-section,  the  registering  officer  shall,  within  fifteen  days  of  the  receipt  of  an 
application  in  this  behalf,  from  the  principal  employer,  register  the  establishment  and  issue  to  the 
principal employer a certificate of registration in the prescribed form. 

5.  Revocation  of  registration  in  certain  cases.—If  the  registering  officer  is  satisfied,  either  on  a 
reference  made  to  him  in  this  behalf  or  otherwise,  that  the  registration  of  any  establishment  has  been 
obtained  by  misrepresentation  or  suppression  of  any  material  fact  or  that  for  any  other  reason,  the 
registration  has  become  useless  or  ineffective  and,  therefore,  requires  to  be  revoked,  the  registering 
officer may, after giving an opportunity to the principal employer of the establishment to be heard and 
with the previous approval of the appropriate Government, revoke by order in writing the registration and 
communicate the order to the principal employer: 

Provided that where the registering officer considers it necessary so to do for any special reasons, he 
may, pending such revocation, by order suspend the operation of the certificate of registration for such 
period as may be specified in the order and serve, by registered post, such order along with a statement of 
the reasons on the principal employer and such order shall take effect on the date on which such service is 
effected. 

6.  Prohibition  against  employment  of  inter-State  migrant  workmen  without  registration.—No 
principal  employer  of  an  establishment  to  which  this  Act  applies  shall  employ  inter-State  migrant 
workmen in the establishment unless a certificate of registration in respect of such establishment issued 
under this Act is in force: 

Provided  that  nothing  in  this  section  shall  apply  to  any  establishment  in  respect  of  which  an 

application  for  registration  made  within  the  period  fixed,  whether  originally  or  on  extension  under                
sub-section (1) of section 4 is pending before a registering officer and for the purposes of this proviso, an 
application to which the provisions of sub-section (3) of section 4 apply shall be deemed to be pending 
before the registering officer concerned till the certificate of registration is issued in accordance with the 
provisions of that sub-section. 

CHAPTER III 

LICENSING OF CONTRACTORS 

7. Appointment of licensing officers.—The appropriate Government may, by order notified in the 

Official Gazette,— 

(a) appoint such persons, being officers of Government, as it thinks fit to be licensing officers for 

the purposes of this Chapter; and 

(b) define the limits, within which a licensing officer shall exercise the jurisdiction and powers 

conferred on licensing officers by or under this Act. 

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8. Licensing of contractors.—(1) With effect from such date as the appropriate Government may, by 

notification in the Official Gazette, appoint, no contractor to whom this Act applies shall,— 

(a) recruit any person in a State for the purpose of employing him in any establishment situated in 

another State, except under and in accordance with a licence issued in that behalf— 

(i)  if  such  establishment  is  an  establishment  referred  to  in  sub-clause  (i)  of  clause  (a)  of                            

sub-section (1) of section 2, by the licensing officer appointed by the Central Government who 
has jurisdiction in relation to the area wherein the recruitment is made; 

(ii)  if  such  establishment  is  an  establishment  referred  to  in  sub-clause  (ii)  of  clause  (a)  of                     

sub-section (1) of section 2, by the licensing officer appointed by the State Government who has 
jurisdiction in relation to the area wherein the recruitment is made; 

(b) employ as workmen for the execution of any work in any establishment in any State, persons 
from  another  State  (whether  or  not  in  addition  to  other  workmen)  except  under  and  in  accordance 
with a licence issued in that behalf,— 

(i)  if  such  establishment  is  an  establishment  referred  to  in  sub-clause  (i)  of  clause  (a)  of                          

sub-section (1) of section 2, by the licensing officer appointed by the Central Government who 
has jurisdiction in relation to the area wherein the establishment is situated; 

(ii)  if  such  establishment  is  an  establishment  referred  to  in  sub-clause  (ii)  of  clause  (a)  of                        

sub-section (1) of section 2, by the licensing officer appointed by the State Government who has 
jurisdiction in relation to the area wherein the establishment is situated. 

(2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions 
including, in particular, the terms and conditions of the agreement or other arrangement under which the 
workmen will be recruited, the remuneration payable, hours of work, fixation of wages and other essential 
amenities in respect of the inter-State migrant workmen, as the appropriate Government may deem fit to 
impose  in  accordance  with  the  rules,  if  any,  made  under  section  35  and  shall  be  issued  on  payment  of 
such fees as may be prescribed: 

Provided that if for any special reasons, the licensing officer is satisfied that it is necessary to require 
any  person  who  has  applied  for,  or  who  has  been  issued,  a  licence  to  furnish  any  security  for  the  due 
performance of the conditions of the licence, he may, after communicating such reasons to such person 
and giving him an opportunity to represent his case, determine in accordance with the rules made in this 
behalf  the  security  which  shall  be  furnished  by  such  person  for  obtaining  or,  as  the  case  may  be,  for 
continuing to hold the licence. 

(3) The security which may be required to be furnished under the proviso to sub-section (2) shall be 
reasonable and the rules for the purposes of the said proviso shall, on the basis of the number of workmen 
employed, the wages payable to them, the facilities which shall be afforded to them and other relevant 
factors provide for the norms with reference to which such security may be determined. 

9.  Grant  of  licences.—(1)  Every  application  for  the  grant  of  a  licence  under  sub-section  (1)  of 
section 8 shall be made in the prescribed form and shall contain the particulars regarding the location of 
the establishment, the nature of process, operation or work for which inter-State migrant workmen are to 
be employed and such other particulars as may be prescribed. 

(2)  The  licensing  officer  may  make  such  investigation  in  respect  of  the  application  received  under 
sub-section (1) and in making any such investigation, the licensing officer shall follow such procedure as 
may be prescribed. 

(3)  A  licence  granted  under  section  8,  shall  be  valid  for  the  period  specified  therein  and  may  be 
renewed from time to time for such period and on payment of such fees and on such conditions as may be 
prescribed. 

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10.  Revocation,  suspension  and  amendment  of  licences.—(1)  If  the  licensing  officer  is  satisfied, 

either on a reference made to him in this behalf or otherwise, that— 

(a)  a licence  granted  under  section  8  has  been  obtained  by  misrepresentation  or  suppression  of 

any material fact, or 

(b)  the  holder  of  a  licence  has,  without  reasonable  cause,  failed  to  comply  with  the  conditions 
subject to which the licence has been granted or has contravened any of the provisions of this Act or 
the rules made hereunder, 

then, without prejudice to any other penalty to which the holder of the licence may be liable under this 
Act, the licensing officer may, after giving the holder of the licence an opportunity to be heard, by order 
in writing, revoke the licence or forfeit the security furnished by him under the proviso to sub-section (2) 
of section 8 or any part thereof and communicate the order to the holder of the licence: 

Provided that where the licensing officer considers it necessary so to do for any special reasons, he 
may, pending such revocation or forfeiture, by order, suspend the operation of the licence for such period 
as may be specified in the order and serve, by registered post, such order along with a statement of the 
reasons on the holder of the licence and such order shall take effect on the date on which such service is 
effected. 

(2) Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a 

licence granted under section 8. 

11.  Appeal.—(1)  Any  person  aggrieved  by  an  order  made  under  section  4,  section  5,  section  8  or 
section 10 may, within thirty days from the date on which the order is communicated to him, prefer an 
appeal  to  an  appellate  officer  who  shall  be  a  person  nominated  in  this  behalf  by  the  appropriate 
Government: 

Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty 

days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 

(2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant 

an opportunity of being heard, dispose of the appeal as expeditiously as possible. 

CHAPTER IV 

DUTIES AND OBLIGATIONS OF CONTRACTORS 

12. Duties of contractors.—(1) It shall be the duty of every contractor— 

(a) to furnish such particulars and in such form as may be prescribed, to the specified authority in 
the  State  from  which  an  inter-State  migrant  workman  is  recruited  and  in  the  State  in  which  such 
workman is employed, within fifteen days from the date of recruitment, or, as the case may be, the 
date of employment, and where any change occurs in any of the particulars so furnished, such change 
shall be notified to the specified authorities of both the States; 

(b)  to  issue  to  every  inter-State  migrant  workman,  a  pass  book  affixed  with  a  passport  size 
photograph of the workman and indicating in Hindi and English languages, and where the language 
of the workman is not Hindi or English, also in the language of the workman,— 

 (i) the name and place of the establishment wherein the workman is employed; 

(ii) the period of employment; 

(iii) the proposed rates and modes of payment of wages; 

(iv) the displacement allowance payable; 

(v) the return fare payable to the workman on the expiry of the period of his employment and 
in such contingencies as may be prescribed and in such other contingencies as may be specified in 
the contract of employment; 

(vi) deductions made; and 

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(vii) such other particulars as may be prescribed; 

(c)  to  furnish  in  respect  of  every  inter-State  migrant  workman  who  ceases  to  be  employed,  a 
return in such form and in such manner as may be prescribed, to the specified authority in the State 
from which he is recruited and in the State in which he is employed, which shall include a declaration 
that all the wages and other dues payable to the workman and the fare for the return journey back to 
his State have been paid. 

(2) The contractor shall maintain the pass book referred to in sub-section (1) up-to-date and cause it to 

be retained with the inter-State migrant workman concerned. 

Explanation.—For  the  purposes  of  this  section  and  section  16  “specified  authority”  means  such 

authority as may be specified by the appropriate Government in this behalf. 

CHAPTER V 

WAGES, WELFARE AND OTHER FACILITIES TO BE PROVIDED TO INTER-STATE MIGRANT WORKMEN 

13. Wage rates and other conditions of service of inter-State migrant workmen.—(1) The wage 

rates, holidays, hours of work and other conditions of service of an inter-State migrant workman shall,— 

(a)  in  a  case  where  such  workman  performs  in  any  establishment,  the  same  or  similar  kind  of 
work  as  is  being   performed  by  any  other  workman  in  that  establishment,  be  the  same  as  those 
applicable to such other  workman; and 

(b) in any other case, be such as may be prescribed by the appropriate Government: 

Provided that an inter-State migrant workman shall in no case be paid less than the wages fixed under 

the Minimum Wages Act, 1948 (11 of 1948). 

(2) Notwithstanding anything contained in any other law for the time being in force, wages payable to 

an inter-State migrant workman under this section shall be paid in cash. 

14. Displacement allowance.—(1) There shall be paid by the contractor to every inter-State migrant 
workman  at  the  time  of  recruitment,  a  displacement  allowance  equal  to  fifty  per  cent.  of  the  monthly 
wages payable to him or seventy-five rupees, whichever is higher. 

(2)  The  amount  paid  to  a  workman  as  displacement  allowance  under  sub-section  (1)  shall  not  be 

refundable and shall be in addition to the wages or other amounts payable to him. 

15. Journey allowance, etc.—A journey allowance of a sum not less than the fare from the place of 
residence of the inter-State migrant workman in his State to the place of work in the other State shall be 
payable by the contractor to the workman both for the outward and return journeys and such workman 
shall be entitled to payment of wages during the period of such journeys as if he were on duty. 

16. Other facilities.—It shall be the duty of every contractor employing inter-State migrant workmen 

in connection with the work of an establishment to which this Act applies,— 

(a) to ensure regular payment of wages to such workmen; 

(b) to ensure equal pay for equal work irrespective of sex; 

(c) to ensure suitable conditions of work to such workmen having regard to the fact that they are 

required   to work in a State different from their own State; 

(d)  to  provide  and  maintain  suitable  residential  accommodation  to  such  workmen  during  the 

period of their  employment; 

(e) to provide the prescribed medical facilities to the workmen, free of charge; 

(f) to provide such protective clothing to the workmen as may be prescribed; and 

(g)  in  case  of  fatal  accident  or  serious  bodily  injury  to  any  such  workman,  to  report  to  the 

specified authorities of both the States and also the next of kin of the workman. 

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17.  Responsibility  for  payment  of  wages.—(1)  A  contractor  shall  be  responsible  for  payment  of 
wages  to  each inter-State  migrant  workman  employed  by  him  and  such  wages  shall  be  paid  before  the 
expiry of such period as may be prescribed. 

(2) Every principal employer shall nominate a representative duly authorised by him to be present at 
the  time  of  disbursement  of  wages  by  the  contractor  and  it  shall  be  the  duty  of  such  representative  to 
certify the amounts paid as wages in such manner as may be prescribed. 

(3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the 

authorised representative of the principal employer.    

(4) In case the contractor fails to make payment of wages within the prescribed period or makes short 
payment, then the principal employer shall be liable to make payment of the wages in full or the unpaid 
balance  due,  as  the  case  may  be,  to  the  inter-State  migrant  workman  employed  by  the  contractor  and 
recover  the  amount  so  paid  from  the  contractor  either  by  deduction  from  any  amount  payable  to  the 
contractor under any contract or as a debt payable by the contractor. 

18.  Liability  of  principal  employer  in  certain  cases.—(1)  If  any  allowance  required  to  be  paid 
under section 14 or section 15 to an inter-State migrant workman employed in an establishment to which 
this Act applies is not paid by the contractor or if any facility specified in section 16 is not  provided for 
the benefit of such workman, such allowance shall be paid, or, as the case may be, the facility shall be 
provided, by the principal employer within such time as may be prescribed. 

(2) All the allowances paid by the principal employer or all the expenses incurred by him in providing 
the facility referred to in sub-section (1) may be recovered by him from the contractor either by deduction 
from any amount payable to the contractor under any contract or as a debt payable by the contractor. 

19. Past liabilities.—It shall be the duty of every contractor and every principal employer to ensure 
that any loan given by such contractor or principal employer to any inter-State migrant workman does not 
remain  outstanding  after  the  completion  of  the  period  of  employment  of  such  workman  under  the  said 
contractor or, as the case may be, in the establishment of such principal employer and accordingly every 
obligation of an inter-State migrant workman to re-pay any debt obtained by him during the period of his 
employment  from  the  contractor  or  the  principal  employer  and  remaining  unsatisfied  before  the 
completion of such period shall, on such completion, be deemed to have been extinguished and no suit or 
other proceeding shall lie in any court or before any authority for the recovery of such debt or any part 
thereof. 

CHAPTER VI 

INSPECTING STAFF 

20.  Inspectors.—(1)  The  appropriate  Government  may,  by  notification  in  the  Official  Gazette, 
appoint  such  persons  as  it  thinks  fit  to  be  inspectors  for  the  purposes  of  this  Act,  and  define  the  local 
limits within which they shall exercise their powers under this Act.  

(2)  Subject  to  any  rules  made  in  this  behalf,  within  the  local  limits  for  which  he  is  appointed,  an 

inspector may— 

(a) if he has reason to believe that any inter-State migrant workmen are employed in any premises 
or place, enter, at all reasonable hours, with such assistants (if any), being persons in the service of 
the Government or any local or other public authority as he thinks fit, such premises or place for the 
purpose of— 

(i) satisfying himself whether the provisions of this Act in relation to the payment of wages, 

conditions of service, or facilities to be provided to such workmen are being complied with;  

(ii)  examining  any  register  or  record  or  notices  required  to  be  kept  or  exhibited  by  the 
provisions  of  this  Act  or  the  rules  made  thereunder,  and  requiring  the  production  thereof  for 
inspection;  

(b)  examine  any  person  found  in  any  such  premises  or  place  for  the  purpose  of  determining 

whether such person is an inter-State migrant workman;  

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(c) require any person giving out work to any workman, to give any information, which is in his 
power to give, with respect to the names and addresses of the persons to, for and from whom the work 
is given out or received, and with respect to the payments to be made for the work;  

(d) seize or take copies of such register, record of wages, or notices or portions thereof as he may 
consider  relevant  in  respect  of  an  offence  under  this  Act  which  he  has  reason  to  believe  has  been 
committed by a principal employer or contractor, and  

(e) exercise such other powers as may be prescribed.  

(3) Notwithstanding anything contained in sub-sections (1) and (2), if a State Government considers it 
necessary  for the  purpose of  satisfying  itself  that  the  provisions  of  this  Act  are  being  complied  with  in 
respect  of  any  workmen  belonging  to  that  State  and  employed  in  an  establishment  situated  in  another 
State, it may, by order in writing, appoint such persons, being persons in the service of that Government, 
for the exercise of such of the powers mentioned in sub-section (2), as may be specified in that order: 

Provided that no such order shall be issued without the concurrence of the Government of the State in 

which  such  workmen  are  employed  or  where  the  establishment  is  an  establishment  referred  to  in                  
sub-clause  (i)  of  clause  (a)  of  sub-section  (1)  of  section  2,  without  the  concurrence  of  the  Central 
Government. 

(4) Any person required to produce any document or thing, or to give any information required, by an 
inspector  under  sub-section  (2),  or  by  a  person  appointed  under  sub-section  (3),  shall  be  deemed  to  be 
legally  bound  to  do  so  within  the  meaning  of  section  175  and  section  176  of  the  Indian  Penal  Code                
(45 of 1860). 

(5) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply 
to any search or seizure under this section as they apply to any search or seizure made under the authority 
of a warrant issued under section 94 of the said Code. 

CHAPTER VII 

MISCELLANEOUS 

21. Inter-State migrant workmen to be deemed to be in employment from date of recruitment 
for the purposes of certain enactments.—For the purposes of the enactments specified in the Schedule, 
an inter-State migrant workman shall, on and from the date of his recruitment, be deemed to be employed 
and actually worked in the establishment or, as the case may be, the first establishment in connection with 
the work of which he is employed. 

22.  Provisions 

regarding 

industrial  disputes 

in 

relation 

to 

inter-State  migrant                    

workmen.—(1) Notwithstanding anything contained in the Industrial Disputes Act. 1947 (14 of 1947), 
any  dispute  or  difference  in  connection  with  the  employment  or  non-employment  or  the  terms  of 
employment  or  the  conditions  of  labour,  of  an  inter-State  migrant  workman  (hereafter  in  this  section 
referred to as the industrial dispute), may,— 

(a)  if  the  industrial  dispute  is  relatable  to  an  establishment  referred  to  in  sub-clause  (i)  of               

clause  (a)  of  sub-section  (1)  of  section  2,  be  referred  under  the  provisions  of  the  said  Act,  by  the 
Central  Government  to  any  of  the  authorities  referred  to  in  Chapter  II  of  that Act (hereafter in  this 
section referred to as the said authorities),— 

(i) in the State wherein the establishment is situated; 

(ii)  in  the  State  wherein  the  recruitment  of  such  workman  was  made  if  he  makes  an 
application in that behalf to that Government on the ground that he has returned to that State after 
the completion of his employment; 

 (b)  if  the  industrial  dispute  is  relatable  to  an  establishment  referred  to  in  sub-clause  (ii)  of 

clause (a) of sub-section (1) of section 2,— 

(i) be referred under the provisions of the said Act, by the Government of the State wherein 

the establishment is situated, to any of the said authorities in that State; or 

10 

 
(ii) be referred under the provisions of the said Act, by the Government of the State wherein 
the recruitment of such workman was made to any of the said authorities in that State, if he makes 
an application in that behalf to that Government on the ground that he has returned to that State 
after the completion of his employment: 

Provided that— 

(a) no application referred to in sub-clause (ii) of clause (a) or sub-clause (ii) of clause (b) shall 
be  entertained  after  the  expiry  of  a  period  of  six  months  from  the  date  of  his  return  to  the  State 
wherein the  recruitment  was  made  after  the  completion  of  his employment,  unless the  Government 
concerned  is  satisfied  that  the  applicant  was  prevented  by  sufficient  cause  from  making  the 
application within that period; 

(b) no reference under the said sub-clause (ii) of clause (b) shall be made except after obtaining 

the concurrence of the Government of the State wherein the establishment concerned is situated. 

(2)  Without  prejudice  to  the  provisions  of  section  33B  of  the  Industrial  Disputes  Act,  1947                       

(14 of 1947), where during the pendency of any proceeding in respect of an industrial dispute under that 
Act before any of the said authorities in the State wherein the establishment is situated, an application is 
made  to  that  authority  by  an  inter-State  migrant  workman  for  the  transfer  of  such  proceeding  to  a 
corresponding authority in the State wherein his recruitment was made on the ground that he has returned 
to that State after the completion of his employment, that authority shall forward the application to the 
Central Government, or, as the case may be, to the Government of the State wherein such recruitment was 
made and transfer such proceeding in the prescribed manner to such authority as may be specified in this 
behalf by that Government: 

Provided that in a case where no authority has been specified by the Government concerned within 
the prescribed period, the authority before which the proceeding is pending shall, on a request being made 
by the inter-State migrant workman and after obtaining the previous approval of the Government which 
referred the dispute to that authority, forward such proceeding to the Government concerned for reference 
of such dispute to an authority in the State wherein such recruitment was made. 

(3) Without prejudice to the provisions of sub-section (2), if the Central Government is satisfied that 
it is expedient in the interests of justice so to do, it may, by order in writing and for reasons to be stated 
therein,  withdraw  any  proceeding  in  respect  of  any  industrial  dispute  relating  to  an  inter-State  migrant 
workman pending before an authority in the State in which the establishment concerned is situated and 
transfer the same to such authority in the State wherein the recruitment of such workman was made as 
may be specified in the order. 

(4)  The  authority  to  which  any  proceeding  is  transferred  under  this  section  may  proceed  either                 

de novo or from the stage at which it was so transferred. 

23.  Registers  and  other  records  to  be  maintained.—(1)  Every  principal  employer  and  every 
contractor  shall  maintain  such  registers  and  records  giving  such  particulars  of  the  inter-State  migrant 
workmen  employed,  the  nature  of  work  performed  by  such  workmen,  the  rates  of  wages  paid  to  the 
workmen and such other particulars in such form as may be prescribed. 

(2)  Every  principal  employer  and  every  contractor  shall  keep  exhibited  in  such  manner  as  may  be 
prescribed within the premises of the establishment where the inter-State migrant workmen are employed, 
notices  in  the  prescribed  form  containing  particulars  about  the  hours  of  work,  nature  of  duty  and  such 
other information as may be prescribed. 

24. Obstructions.—(1) Whoever obstructs an inspector or a person appointed under sub-section (3) 
of section 20 (hereinafter referred to as unauthorised person) in the discharge of his duties under this Act 
or  refuses  or  wilfully  neglects  to  afford  the  inspector  or  authorised  person  any  reasonable  facility  for 
making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to 
an  establishment  to  which,  or  a  contractor  to  whom,  this  Act  applies,  shall  be  punishable  with 
imprisonment for a term which may extend to two years, or with fine which may extend to two thousand 
rupees, or with both. 

11 

 
(2)  Whoever  wilfully  refuses  to  produce  on  the  demand  of  any  inspector  or  authorised  person  any 
register  or  other  document  kept  in  pursuance  of  this  Act  or  prevents  or  attempts  to  prevent  or  does 
anything which he has reason to believe is likely to prevent any person from appearing before or being 
examined by any inspector or authorised person acting in pursuance of his duties under this Act, shall be 
punishable with imprisonment for a term which may extend to two years, or with fine which may extend 
to two thousand rupees, or with both. 

25.  Contravention  of  provisions  regarding  employment  of  inter-State  migrant  workmen.—
Whoever  contravenes  any  provisions  of  this  Act  or  of  any  rules  made  thereunder  regulating  the 
employment of inter-State migrant workmen, or contravenes any condition of a licence granted under this 
Act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which 
may extend to one thousand rupees, or with both, and in the case of a continuing contravention, with an 
additional fine which may extend to one hundred rupees for every day during which such contravention 
continues after conviction for the first such contravention. 

26. Other offences.—If any person contravenes any of the provisions of this Act or of any rules made 
thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment 
for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with 
both. 

27.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly:  

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of 
that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a)  “company”  means  any  body  corporate  and  includes  a  firm  or  other  association  of           

individuals; and 

(b) “director”, in relation to a firm, means a partner in the firm. 

28. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on 
a complaint made by, or with the previous sanction in writing of, an inspector or authorised person and no 
court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any 
offence punishable under this Act. 

29. Limitation of prosecutions.—No court shall take cognizance of an offence punishable under this 
Act  unless  the  complaint  thereof  is  made  within  three  months  from  the  date  on  which  the  alleged 
commission of the offence came to the knowledge of the inspector or authorised person concerned: 

Provided  that  where  the  offence  consists  of  disobeying  a  written  order  made  by  an  inspector  or 
authorised person, complaint thereof may be made within six months of the date on which the offence is 
alleged to have been committed. 

30. Effect of laws and agreements inconsistent with the Act.—(1) The provisions of this Act shall 
have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of 
any agreement or contract of service, or in any standing orders applicable to the establishment whether 
made before or after the commencement of this Act: 

12 

 
Provided  that  where  under  any  such  law,  agreement,  contract  of  service  or  standing  orders,  the             

inter-State  migrant  workmen  employed  in  the  establishment  are  entitled  to  benefits  in  respect  of  any 
matter which are more favourable to them than those to which they would be entitled under this Act, the 
inter-State migrant workmen shall continue to be entitled to the more favourable benefits in respect of that 
matter, notwithstanding that they receive benefits in respect of other matters under this Act. 

(2) Nothing contained in this Act shall be construed as precluding any inter-State migrant workmen 
from  entering  into  an agreement  with the  principal employer  or  the  contractor, as  the  case  may  be,  for 
granting them rights or privileges in respect of any matter which are more favourable to them than those 
to which they would be entitled under this Act. 

31.  Power  to  exempt  in  special  cases.—The  appropriate  Government  may,  by  notification  in  the 
Official Gazette and subject to such conditions and restrictions, if any, and for such period or periods as 
may be specified in the notification, direct that all or any of the provisions of this Act or the rules made 
thereunder  shall  not  apply  to  or  in  relation  to  any  establishment  or  class  of  establishments  or  any 
contractor or  class  of  contractors  or  any  inter-State  migrant  workmen  in  such  establishment  or  class of 
such  workmen,  if  that  Government  is  satisfied  that  it  is  just  and  proper  so  to  do  having  regard  to  the 
methods  of  recruitment  and  the  conditions  of  employment  in  such  establishment  or  class  of 
establishments and all other relevant circumstances. 

32. Protection of action taken under Act.—(1) No suit, prosecution or other legal proceedings shall 
lie against any registering officer, licensing officer or any other employee of the Government for anything 
which is  in  good faith  done  or  intended  to  be  done in  pursuance  of  this  Act  or  any  rule  or  order  made 
thereunder. 

(2)  No  suit  or  other  legal  proceedings  shall  lie  against  the  Government  for  any  damage  caused  or 
likely to be caused by anything which is in good faith done or intended to be done in pursuance of this 
Act or any rule or notification or order made or issued thereunder. 

33. Power to give directions.—The Central Government may give directions to the Government of 

any State as to the carrying into execution in the State of the provisions contained in this Act. 

34. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions 
not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing 
the difficulty: 

Provided that no such order shall be made after the expiry of two years from the date on which this 

Act comes into force. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

35.  Power  to  make  rules.—(1)  The  appropriate  Government  may,  subject  to  the  condition  of 

previous publication, make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form and mariner in which an application for the registration of an establishment may be 
made  under  section  4,  the  fees  payable  thereon  and  the  form  of  a  certificate  of  registration  issued 
under that section; 

(b)  the  form  in  which  an  application  for  the  grant  or  renewal  of  a  licence  may  be  made  under 

section 9 and the particulars it may contain; 

(c) the manner in which an investigation is to be made in respect of an application for the grant of 

a licence and the matters to be taken into account in granting or refusing a licence; 

(d) the form of a licence which may be granted or renewed under this Act, the conditions subject 
to which the licence may be granted or renewed, the fees payable for the grant or renewal of a licence 

13 

 
and  the  security,  if  any,  required  to  be  furnished  for  the  due  performance  of  the  conditions  of  the 
licence; 

(e) the circumstances under which licences may be varied or amended under section 10; 

(f) the form and the manner in which appeals may be filed under section 11 and the procedure to 

be followed by appellate officers in disposing of the appeals; 

(g) the wage rates, holidays, hours of work and other conditions of service which an inter-State 

migrant workman is entitled under section 13; 

(h) the period within which wages payable to inter-State migrant workmen should be paid by the 
contractor under sub-section (1) of section 17 and the manner of certification of such payment under 
sub-section (2) thereof; 

(i)  the  time  within  which  allowances  or  facilities  required  by  this  Act  to  be  provided  and 
maintained may be so provided by the contractor and in case of default on the part of the contractor, 
by the principal employer under section 18; 

(j) the powers that may be exercised by inspectors under section 20; 

(k) the form of registers and records to be maintained, and the particulars and information to be 

contained in notices to be exhibited, by the principal employers and contractors under section 23; 

(l) the manner of submission of returns, and the forms in which, and the authorities to which, such 

returns may be submitted; 

(m) legal aid to inter-State migrant workmen; 

(n) any other matter which is required to be, or may be, prescribed under this Act. 

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it 
is made, before each House of Parliament while it is in session for a total period of thirty days which may 
be comprised in one session or in two or more successive sessions and if, before the expiry of the session 
immediately following the session or the successive sessions aforesaid, both Houses agree in making any 
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 
modification or annulment shall be without prejudice to the validity of anything previously done under 
that rule. 

36.  Repeals  and  saving.—(1)  The  Orissa  Dadan  Labour  (Control  and  Regulation)  Act,  1975           

(Orissa Act 42 of 1975) and any law corresponding to this Act, in force in any State, shall stand repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Act or 
law so repeated shall, in so far as such thing or action is not inconsistent with the provisions of this Act, 
be deemed to have been done or taken under the provisions of this Act as if the said provisions were in 
force when such thing was done or such action was taken and shall continue to be in force accordingly 
until superseded by anything done or any action taken under this Act. 

14 

 
 
 
 
THE SCHEDULE 

[See section 21] 

1. The Workmen’s Compensation Act, 1923 (8 of 1923). 

2. The Payment of Wages Act, 1936 (4 of 1936). 

3. The Industrial Disputes Act, 1947 (14 of 1947). 

4. The Employees’ State Insurance Act, 1948 (34 of 1948). 

5. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952). 

6. The Maternity Benefit Act, 1961 (53 of 1961). 

15 

 
 
 
 
 
   
 
