Inter-State Migrant Workmen (Regulation of Employment & Conditions of Services) Act, 1979 & Tamil Nadu Rules, 1983 (PRINCIPAL EMPLOYER)

Similar documents
THE INTER-STATE MIGRANT WORKMEN (Regulation of Employment) AND Conditions of Service) ACT, 1979

The Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) (Karnataka) Rules, 1981:

THE MOTOR TRANSPORT WORKERS ACT

CHAPTER I CHAPTER II

THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, (No. 30 of 1979)

CHAPTER I PRELIMINARY. 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS

Dated: LIMITED TENDER INQUIRY

Factories Act 1948 and Tamil Nadu Factories Rules 1950

section 32(2) of the Labour Relations Act, 1995, declare that the Collective

Queensland Competition Authority Annexure 1

Amendments The Clean Up. Amendments The Clean Up. Amendments Civil Rights. Amendments Civil Rights

Kerala Chit Funds Rules, 2012.

PERSONAL TRAINER LICENCE AGREEMENT

THE LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988 ARRANGEMENT OF SECTIONS

An Act to provide for the development under the control of the Union of the rubber industry

STANDARD OPERATING PROCEDURE INSPECTION

City of Brampton Draft Licensing By-law

vlk/kj.k EXTRAORDINARY Hkkx II [k.m 3 mi&[k.m (i) PART II Section 3 Sub-section (i) izkf/dkj ls izdkf'kr PUBLISHED BY AUTHORITY

Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010

COMMUNICATIONS WORKERS OF AMERICA LOCAL 2107 BY-LAWS. ARTICLE I - NAME This local shall be known as Local 2107, Communications Workers of America.

SURREY TEACHERS' ASSOCIATION. Certificate of Incorporation No.: S CONSTITUTION AND BY-LAWS

Industrial Design Rights Law. (Pyidaungsu Hluttaw Law No ) ( ), ( ), Chapter I. Title, Effective Date and Definition

Consolidated text PROJET DE LOI ENTITLED. The Public Assistance (Amendment) (Guernsey) Law, 1990 [CONSOLIDATED TEXT] NOTE

Staub Anderson Green LLC LLC FORMATION CHECKLIST

The Central Excise Act, 1944

THE RULES THE MACHRIHANISH GOLF CLUB. Revised at the AGM on

Office Consolidation Adult Entertainment Establishment By-law

CURRENT PAGES OF THE LAWS & RULES OF THE MOBILE COUNTY PERSONNEL BOARD

THE NORTHSHORE HOMEOWNERS' ASSOCIATION ARTICLE I NAME AND LOCATION ARTICLE II DEFINITIONS ARTICLE III MEMBERS AND VOTING RIGHTS

NATIONAL BY-LAWS OF THE ALPHA RHO CHI FRATERNITY

Permanent Residence Application

CONTRACT FOR PROFESSIONAL SERVICES By and between TOWN OF JONESBORO And CHIEF FINANCIAL OFFICER And LOUISIANA LEGISLATIVE AUDITOR STATE OF LOUISIANA

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;

TABLE OF CONTENTS INTRODUCTION... 3 SPORTS CLUB COUNCIL DESCRIPTION... 3 & 4 RISKS, RULES, ALCOHOL/DRUGS... 4

FACULTY MASTER AGREEMENT

COMMON REGULATIONS UNDER THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS AND THE PROTOCOL RELATING TO THAT AGREEMENT

CHAPTER 315 TRADE MARKS ACT

Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement

1 of 17 03/10/ :13

AMVETS Post OH-0051 Standing Rules

TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO LOCAL

AGRI-FOOD. The Agri-Food Act. Repealed by Chapter A of the Statutes of Saskatchewan, 2004 (effective October 8, 2004).

POTTERIES EDUCATION TRUST TERMS OF REFERENCE OF COMMITTEES AUDIT COMMITTEE S TERMS OF REFERENCE. a) Accountability and Purpose

Stratus Properties Inc. (formerly FM Properties Inc.)

CONVENTION on the Legal Status, Privileges, and Immunities of Intergovernmental Economic Organizations Acting in Certain Areas of Cooperation

Table of contents TREATY ON THE EURASIAN ECONOMIC UNION PART I ESTABLISHMENT OF THE EURASIAN ECONOMIC UNION

(As approved by the General Body on January 27, 2016) R U L E S A N D R E G U L A T I O N S. c) Individual Members :

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI TENTH JUDICIAL DISTRICT DEFENDANT SSN: DL#: PETITION TO ENTER PLEA OF GUILTY

PUBLISHED IN THE GAZETTE OF INDIA (PART II SECTION 3, SUB SECTION (ii) DATED 30 TH DECEMBER, 1983)*

CONVENTION ON DIPLOMATIC ASYLUM (CARACAS, 1954)

COMMON REGULATIONS UNDER THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS AND THE PROTOCOL RELATING TO THAT AGREEMENT

Constitution. SECTION 2 Wherever the word Company is used in this Constitution and these ByLaws, it shall refer to Haddon Fire Company No. 1.

Calgary Blizzard Soccer Club Bylaws

Article 11 of the Convention shall be deleted and replaced by the following:-

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

THE RUBBER ACT, 1947 ARRANGEMENT OF SECTIONS

ADMINISTRATIVE CODE OF OMNIBUS AMENDMENTS Act of Jul. 9, 2010, P.L. 348, No. 50 Cl. 71 Session of 2010 No

MYANMAR COMPANIES LAW. (Unofficial Translation)

Early Childhood Australia (NSW) Inc. Constitution

R U L E S O F. WREB Co-Op Limited. A Non-Trading Non-Share Co-operative REGISTERED UNDER THE CO-OPERATIVES ACT 1992 (N.S.W.) REGISTRY OF CO-OPERATIVES

Contract Labour (Regulation and Abolition) Act, 1970 [No.37 OF 1970] C O N T E N T S [September 5, 1970]

Analysis of Amendment Bill 2017 of Contract Labour [Regulation& Abolition] Act.

SECTION 1: The JOI Clubs program of Optimist International shall be named Junior Optimist International (JOI).

The Constitution of the Chamber of Midwives

NINTH JUSTICE HIDAYATULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION (HNMCC), 2017

TAMIL NADU GOVERNMENT GAZETTE

City Council Report 915 I Street, 1 st Floor

BYLAWS LOCAL UNION 677 February 1, 2010

THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

BYLAWS OF THE NATIONAL EXCHANGE CLUB Effective July 13, 2017

LICENSE AGREEMENT WITNESSETH

Articles of Association to regulate the activities and affairs of an association known as the International Air Transport Association ( IATA ).

DOMINICA RECRUITING OF WORKERS ACT. Arrangement of sections

LIBRARY MANAGEMENT NETWORK, INC. 255 Grant Street SE, Suite 309 Decatur, Alabama BYLAWS

Engineering Council of Namibia

A G R E E M E N T ON THE ESTABLISHMENT OF THE INTERNATIONAL INVESTMENT BANK

27. Ins. by Act 27 of Ins. by Act 27 0f Ins. by Act 41 of 1986 (w.e.f ) 30. Subs. by Act 27 of 1973.

BYLAWS LOCAL UNION 741 AFFILIATED WITH DISTRICT COUNCIL 16

THE PAYMENT OF WAGES ACT, 1936 (IV OF 1936)

THE SINGARENI COLLIERIES COMPANY LIMITED (A GOVERNMENT COMPANY) PURCHASE DEPARTMENT - MANDAMARRI Company Web site:

THE LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT,

BYLAWS LOCAL UNION 1615 INTERNATIONAL BROTHERHOOD ELECTRICAL WORKERS ST. JOHN'S, NEWFOUNDLAND, CANADA. Entire Bylaws Retyped and

PARALEGAL ASSOCIATION OF SANTA CLARA COUNTY (PASCCO) BYLAWS AS AMENDED ON NOVEMBER 18, 2010, AND AS AMENDED, NOVEMBER 16, 2017

Workplace Relations Regulations 2006

SOCIETIES REGULATION

Democratic Party of Oregon District and State Convention rules for the 2016 delegate selection process

SAFE KIDS GREATER SACRAMENTO COALITION BY-LAWS Draft May 22, 2014

First Additional Protocol to the General Regulations of the Universal Postal Union

RULES OF ORDER AND PROCEDURE Portsmouth City Council (as amended September 8, 2015)

RULES AND REGULATIONS OF MUMBAI AND NHAVA-SHEVA SHIP-AGENTS' ASSOCIATION

ASSOCIATION OF ADMINISTRATIVE AND PROFESSIONAL STAFF OF THE UNIVERSITY OF BRITISH COLUMBIA

BYLAWS. IBEW Local 769 2/7/2017

REGULATION NO 90/2009 OF DOMESTIC WORKERS, COOKS, GARDENERS AND SIMILAR CATEGORIES

GOVERNMENT NOTICES GOEWERMENTSKENNISGEWINGS

Italy International Extradition Treaty with the United States

APPRENTICES ACT, 1961

AGREEMENT FOR THE ESTABLISHMENT THE AFRICAN LEGAL SUPPORT FACILITY

CHAPTER XIV CONVENTION ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT SIGNED AT GENEVA ON 19TH JUNE, 1948 (THE GENEVA CONVENTION, 1948)

AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND ORACLE AMERICA, INC.

The Convention which the provisions of the present Chapter modify is the Warsaw Convention as amended at The Hague in 1955.

Transcription:

Inter-State Migrant Workmen (Regulation of Employment & Conditions of Services) Act, 1979 & Tamil Nadu Rules, 1983 (PRINCIPAL EMPLOYER) Particulars of the Establishment 1 Name & l o c a t i o n o f t h e Establishment. 2 Name & full address of the principal employer 3 Nature of Work 4 No. and Date of Certificate of registration 5 Amount of Registration Fee paid 6 (I) No. of workmen employed directly on the date of inspection: Male Female Total (II) Maximum No. of workmen employed through Contractors on any day in the preceding 12 months: Male Female Total (III)No. of Contractors through whom Employed 7 Name & address of the Principal Employer s representative present during inspection

PERTAINING TO REGISTRATION/ LICENCE 1. Interstate Migrant workmen numbering 5 or more are employed/were employed during the proceeding12th months without obtaining a valid certificate of Registration. [As per Section 6] 2. The following changes in respect of particulars specified in the Certificate of Registration have not been intimated at all/within the prescribed time limit to the Registering Officer, [As per Rule 4(4).] (a) (b) PERTAINING TO NOTICES 1. A Notice showing the wage period, place and time of disbursement of wages was not displayed at the place of work and its copy not sent by the contractor to the Principal Employer under acknowledgement.[as per Rule 33.] 2. Notices showing the rates of wages, hours of work, wage period, dates of payment of wages, name and addresses of Inspectors having jurisdiction and date of payment of unpaid wages were not displayed at a conspicuous place at the establishment/ work site in Tamil, English & language understood by majority of workers,[ As per Rule 55(1)(a).] 3. A Copy of the license has not been displayed prominently at the premises where Migrant workmen are employed. [As per Rule 11(2) (xii)] DISPLAY OF ABSTRACT OF ACT 1. An abstract of the Rules was not displayed in Tamil, English & language spoken by the majority of the migrant workmen, [As per Rule 54 PERTAINING TO RETURNS 1. Annual Return (in duplicate) for the year ending was not submitted in Form XXIV within time limit i.e. before 15th Feb following the end of the year. [As per Rule 56(2).] PERTAINING TO WAGES 1. During Inspection of Contractor, Sri/ M/s --------at-------- it is observed that Contractor failed to make payment of wages/paid less wages as per Annexure though the statutory time limit for payment of wages by the contractor to the migrant workmen has already lapsed. The PE also failed to make the payment to the migrant workmen [As per Section 17 (4).] 2. The Principal Employer failed to ensure the presence of his authorized representative at the place and time of disbursement of wages to workmen paid by the Contractor. [As per Section 17(2) read with rule 34.] 3. Authorized representative of the Principal Employer has not recorded a Certificate under his signature as required [As per Section 17(2) read with rule 35.] 4. PE failed to make the payment of the displacement allowance to the migrant workmen in the event of failure of the Contractor to make such payment as required under Section 14. [As per Section 18.]

5. PE failed to make the payment of the journey allowance to the migrant workmen in the event of failure of the Contractor to make such payment as required under Section 15[As per Section 18.] PERTAINING TO REGISTER AND RECORDS 1. Register of contractors in Form XII has not been maintained at all/ correctly. [As per Rule 48.] 2. Register of Migrant Workmen in Form XIII has not been maintained at all/ correctly. [As per Rule 49.] 3. The following registers and records required to be maintained under the Act or the Rules were not produced on demand, [As per Rule 53(4).] (a) (b) PERTAINIG TO WELFARE AND HEALTH 1. The Principal Employer failed to provide at all/failed to provide within time limit following prescribed welfare amenities which the Contractor Shri/M/s engaged in the work of failed to provide originally.[as per Rule 46 read with section 18 of the Act.] 2. The Principal Employer failed to provide at all/failed to provide within time limit Displacement Allowance amounting to Rs. _which the Contractor Shri/M/s Engaged in the work of failed to provide originally [As per Rule 46 read with section 14 of the Act.] 3. The Principal Employer failed to provide at all/failed to provide within time limit Journey Allowance amounting to Rs. Which the Contractor Shri/M/s engaged in the work of failed to provide originally [As per Rule 46 read with section 15 of the Act.] 4. The Principal Employer failed to provide at all/failed to provide within time limit the facility of rest room which the Contractor Shri/M/s Engaged in the work of failed to provide originally as per Rule 40(1). [As per Rule 40(2)] 5. The Principal Employer failed to provide at all/failed to provide within time limit the facility of residential accommodation which the Contractor Shri/M/s Engaged in the work of to provide originally as per the specifications given in Rule 45(1), (2), (3), (4). [As per Rule 45(5)] failed

MEDICAL FACILITIES 1. The Principal Employer failed to provide at all/failed to provide within time limit following prescribed health amenities which the Contractor Shri/M/S Engaged in the work of failed to provide originally as per section 16 of the Act. [As per Rule 37 read with section 18.] PERTAINING TO SAFETY ORGANISATION AND SAFETY 1. Protective clothing not provided. [As per Rule 38 read with section 18.] PERTAINING TO WORKING CONDITION 1. The particulars regarding recruitment and employment of Migrant workmen were not submitted in form X. [As per Rule 21 with section 12(1) (a).] 2. A pass -book affixed with a passport size photograph of the workmen and indicating the other particulars as required under Section 12(1)(b) read with Rule 23(1) was not issued to the migrant workmen.[ As per rule 23(1) read with Section 12(I)(b).] 3. Holidays, hours of work including extra wages for overtime work done and other conditions of service of migrant workman is in the following manner less favorable than those obtaining in the establishment or in similar employment in the area in which the establishment is located.[ As per Rule 36 ] SERVICE CERTIFICATE 1. The following Migrant workmen were not issued service certificate in form XIV at though their service were terminated [As per Section 16 & Rule 50] Other irregularities

Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 &Tamil Nadu Rules, 1983 (CONTRACTOR) Particulars of the Contractor 1 Name & Location of Contract work:- 2 Name & Present address of the Contractor(S). 3 Nature of work in which Contract Labour is Employed 4 Permanent address of the Contractor:- 5 Date of Commencement of the Contract n work:- 6 Probable date of Completion of the contract Work 7 No. of workers employed on the date of inspection Male Total Female 8 Max. No. of workman employed on any date in the preceding 12 months Male Total Female 9 No. & date of Licence 10 Amount of Licence fee paid 11 Amount paid as Security: 12 Name & address of the P.E. 13 No. & date of the Certificate of Regd. Of the Principal Employer. 14 Name, Designation and address of the person responsible for supervision and control of the Contractor s estt. As at Sl. No. 12 15 Name, Designation & address of the Contractor s Representative present during Inspection. 16 Registers, Records and documents checked.

PERTAINING TO REGISTRATION AND LICENCE 1. Inter-State Migrant workmen numbering 5 or more were employed w.e.f..without obtaining a valid license as required under Section 8(1) (b). PERTAINING TO NOTICES 1. A Notice showing the wage period, place and time of disbursement of wages was not displayed at the place of work and its copy not sent by the contractor to the Principal Employer under acknowledgement.[as per Rule 33.] 2. Notices showing the rates of wages, hours of work, wage period, dates of payment of wages, name and addresses of Inspectors having jurisdiction and date of payment of unpaid wages were not displayed at a conspicuous place at the establishment/ work site in Hindi, English & language understood by majority of workers,[ As per Rule 55(1)(i).] 3. A Copy of the license has not been displayed prominently at the premises where Migrant workmen are employed. [As per Rule 11(2) (xii)] DISPLAY OF ABSTRACT OF ACT 1. An abstract of the Rules was not displayed in Tamil, English & language spoken by the majority of the migrant workmen, [As per Rule 54] PERTAINING TO RETURNS 1. The Contractor failed to send half yearly return for the period in form XXIII not later than 30 days from the close of the half year. [As per Rule 56(1)]

PERTAINING TO WAGES 1. Contractor has not ensured the presence of the representative authorized by the Principal Employer at the time of the disbursement of wages. [As per section 17(3).] 2. Contractor has not ensured the payment of wages to the contract labour before the expiry of 7 th 10 th day after last day of the wage period in respect of which the wages are payable, i.e. ------- [As per Rule 28.] 3. Displacement allowance of a sum shown below against each workman was not Paid to the following migrant workmen. [As per Section. 14.] Sl. No. Name of the Migrant workmen and his Present Amount address address 4. Journey allowance of a sum shown below against each workman was not paid to the following migrant workmen. [As per Section. 15.] Sl. No. Name of the Migrant workmen and his Present Amount address address 5. Following migrant workmen were not given same wages as are being given to other workmen. [As per Section 13(1)] Sl. No. Name and address of workers Category Wages actually paid Wages of the other workers Difference

PERTAINING TO REGISTER AND RECORDS 1. Register of Migrant Workmen in Form XIII has not been maintained at all/ correctly [As per Rule 49 and Section 23.] 2. Displacement-cum-Outward Journey Allowances Sheet has not been maintained in Form XV. [As per Rule 51(1) and section 23.] 3. Entries in the Displacement-cum-Outward Journey Allowances Sheet have not been authenticated by the Contractor. [Breach of Rule 51(2) and section 23.] 4. Return Journey Allowances Register in Form XVI has not been maintained. [As per Rule 51(1) and section 23.] 5. Entries in the Return Journey Allowances Register have not been authenticated by the Contractor. [As per Rule 51(2) and section 23.] 6. Following Registers have not been maintained at all. i. Muster Roll in form XVII. [As per Rule 52(2) (a) and section 23.] ii. Register of Wages in Form XVIII. [As per Rule 53(2) (a) and section 23.] iii. Register of deductions Form XIX. [As per Rule, 52(2) and section 23.] iv. Register of fine in form XX [As per Rule, 52(2) and section 23.] v. Register of advance in form XXI [As per Rule, 52(2) and section 23.] vi. Register Overtime in Form XXII. [As per Rule, 52(2) and section 23.] 7. (I) Contractor has not obtained the signature or thumb impression of the migrant workmen concerned against the entries relating to him on the Register of wages. [As per Rule 52(2) (b)] (ii) Contractor has not ensured the authentication of entries in Register of Wages by way of signature of the contractor or his authorized representative. [As per Rule 52(2) (b).] PERTAINIG TO WELFARE AND HEALTH 1. The contractor failed to provide following facilities within seven days of the commencement of the employment in the establishment (a) Wholesome Drinking water [As per Rule 39.] (b) Sufficient no. of Latrine & Urinals [As per Rule 9/42.] (c) Washing facilities [As per Rule 39.] 2. The contractor failed to provide Displacement Allowance to migrant workmen amounting to Rs.. [As per Section 14.]

3. The contractor failed to provide Journey Allowance to Workmen amounting to Rs.. [As per Section 15] migrant 4. The contractor failed to provide crèche facility though 20 or more women are employed as migrant workmen in the establishment in which the work is likely to continue for three months or more within 15days of the commencement of the employment. [As per Rule 44.] 5. The contractor failed to provide canteen facility though 100 or more migrant workmen are employed in the establishment in which the work is likely to continue for six months or more within 60 days of the commencement of the employment.[as per Rule 41.] 6. The contractor failed to provide rest-rooms for migrant workmen who are required to halt at night in connection with the working of the establishment and the employment of migrant workmen is likely to continue for three months or more within 15 days of the commencement of employment in the establishment.[as per Rule 40.] 7. The contractor failed to provide residential accommodation to migrant workmen as per the specification given in rule 45 within 15 days of the commencement of employment in the establishment. [As per Rule 45.] 8. The contractor failed to provide following protective clothing to migrant workmen. [As per Rule 38.] i) One woolen coat and one woolen trouser once in two years where temperature falls below 20 degree centigrade. ii) Additionally one woolen overcoat where temperature falls below 5 degree centigrade. MEDICAL FACILITIES 1. Medical/First Aid facilities have not been provided as per specification lay down under Rule 37 [As per Section 16 read with Rule 37.] PERTAINING TO SAFETY ORGANISATON & SAFETY Protective clothing not provided. [As per Rule 38.] PERTAINING TO WORKING CONDITIONS 1. The particulars regarding recruitment and employment of Migrant workmen were not submitted in form X. [As per Rule 21 with section 12(1) (a).] 2. A pass -book affixed with a passport size photograph of the workmen and indicating the other particulars as required under Section 12(1) (b) read with Rule 23(1) was not issued to the migrant workmen. [As per rule 23(1) read with Section 12(I) (b).] 3. Holidays, hours of work including extra wages for overtime work done and other conditions of service of migrant workman is in the following manner less favorable than those obtaining in the establishment or in similar employment in the area in which the establishment is located. [As per Rule 36]

SERVICE CERTIFICATE 1. The following Migrant workmen were not issued service certificate in form XIV at though their service were terminated [As per Section 16 & Rule 50] SIMILAIR WAGES FOR SAME AND SIMILAIR KIND OF WORK 1. It is observed that the wage rates, holidays, hours of work and other conditions of service of the interstate migrant workmen working in the establishment are not the same as to other workmen in the establishment performing same or similar kind of work. [As per Section 13.] 1 Wage rates 2. holidays 3. Hours of work 4. Other conditions of service Migrant workmen Other workmen Other irregularities