RBE No.89/1986 Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Rules

No.E(LL)86 AT/MRW/1-1, dated 05.05.1986

SUB:   Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Rules, 1980 – Amendment thereof.

A copy of Ministry of Labour Notification No.S-45011/1/83-LW, dated 25.02.1986 notifying certain amendments to the aforesaid Rules is sent herewith for information and guidance.

Government of India

Ministry of Labour

No.S-45011/1/83-LW, dated 25.02.1986

NOTIFICATION(*)

G.S.R. …………. Whereas a draft further to amend the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980, 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 (30 of 1979), in the Gazette of India, Part-II, Section 3, sub section (i), dated the 6th July, 1985 with the Notification of the Government of India in the Ministry of Labour No.GSR-656, dated the 21st June, 1985 for inviting objections and suggestions from all persons likely to be affected thereby till the expiry of a period of three months from the date of publication of the said Notification. Whereas the copies of the Gazette Notification were made available to the public on 21st June, 1985; and whereas objections and suggestions received from public have been considered by the Central Government.

Now, therefore, in exercise of powers conferred by section 35 of the said Act, the Central Government hereby makes the following amendments in the said rules, namely:-

1.     (1) These rule may be called the inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central (Amendment) Rules, 1986.

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

2.     In the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980, the words “whose decision shall be final” or “whose decision thereon shall be final” wherever they occur, shall be omitted.

3.     (a) The existing sub-rule (2) of rule 10 of the said rules shall be renumbered as sub-rule (3).

(b) For sub-rule(1) of rule 10 of the said rules, the following shall be substituted, namely:-

“(1) Where the licensing officer is satisfied 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 all the amount needed to provide for recruitment or employment of migrant workmen on the basis of the following factors, namely:-

(i) Wages equivalent to one wage period payable under clause (v) of sub-rule (2) of rule 11 read with rule 25.

(ii) Provision of Medical facilities under rule 37.

(iii) Provision of protective clothing under rule 38 wherever applicable.

(iv) Provision of drinking water, latrines, urinals and washing facilities under rule 39 read with rule 42 and 43,

(v) Provision of rest rooms under rule 40 wherever applicable,

(vi) Provision of canteens under rule 41 wherever applicable,

(vii) Provision of creche under rule 44 wherever applicable,

(viii) Provision of residential accommodation under rule 45,

(ix) Journey allowance under section 15,

(x) Number of migrant workmen employed or recruited, and

(xi) Duration of work.

(2)   The Licensing Officer shall determine the amount of the security to be furnished by such person, after considering the solvency of such person, not exceeding 40 percent of the amount estimated by him in accordance with sub-rule (1) above”.

4.     After Chapter-VII of the said rules, the following Chapter shall be added, namely:-

CHAPTER VIII

Appeal

59. (1) any person aggrieved by an order made under proviso to clause (vii) of sub-rule (2)11, rule 25, sub-rule (2) of rule 36, and sub-rule (6) of rule 4, within 30 days from the date of which order is communicated to him, may prefer an appeal to the Chief Labour Commissioner (Central);

Provided that the Chief Labour Commissioner (Central) may entertain the appeal after the expiry of the period of 30 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-rule(1), the Chief Labour Commissioner (Central) shall after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible.”

(*) To be Published in the Extraordinary Gazette of India Part II Section 3 sub-section(i).

Download Railway Board Circular RBE No.90/1986