INTRODUCTION

HISTORICAL BACKGROUND

2.3 Migration of Industrial Labour

Migration of Labour is a universal phenomenon. Migration of Labour takes place both within
and among the countries. The motive generally being search for livelihood or better
employment opportunities. Labourers who generally move in groups from one place to another
seeking employment on a temporary or seasonal basis, without becoming residents of the area
where they seek or find such employment are known as migrant Labour. The general
characteristics of migrant Labour are;

(i) The availability of gainful employment in the destination area, and

(ii) The existence of wage differentials between the origin and the destination area.

Migration of Labour started in India during the British Colonial rule, mostly of persons
pauperized by economic and social processes operating in the country. Initially, the migration
of labour was of the push type, involving mainly the tribals whose lands were taken away
either by the then Government or by the landlords and money lenders by means often
questionable with the advent of independence, such cases of push migration came down rapidly
and migration for better employment opportunities increased.

The first Tea garden was established in Assam in 1885 and subsequently in North Bengal. This
stimulated the migration of labourers from Bihar, Orissa the eastern part of Uttar Pradesh and
Madhya Pradesh. The movement from these areas constituted the main stream of long distance
internal migration in India.1 The agricultural production is not sufficient to the labourers to
fulfil their minimum needs. On the other side, as a result of the industrialization and
technological development new types of causal and seasonal employment opportunities are
emerging rapidly in areas where development has taken place. Such a situation is causing
migration of labour within the country.

1
Census of India, 1971 (Centenary monograph No.7) P.279.
In the modern age, in order to earn more and improve the standard of living the importance of
migration of labour is increasing day by day at micro and macro levels all over the globe. Now
in the civilized society every worker aspires for a decent life. He wants better working
conditions, better working environment, better housing, better wages, clothing, medical
facilities and dietary etc. He needs certain things like education, medical facilities not only for
himself but also for the generation. These things are not possible without gainful employment.
Where the opportunities of gainful employment are not brought at the place of origin or if the
place of origin is not worth living, the worker is forced to migrate to somewhere else, here
employment opportunities are comparatively bright.

2.8 Inter State Migration of Workers

The present study is primarily concerned with inter-state migration of workers in India and
therefore it is essential to focus on it. Human Resources are very important. Labour is the single
most important factor in determining national income of a country. Since the dawn of human
civilization migration of worker has been motivated primarily by economic considerations.
India has a long history of migration though internal migration was less in earlier periods. There
is growing evidence in India to suggest that the country is moving fast in overall development.
However, the failures and inequalities in our present system forced these workers to leave their
native places and move too far off places. Although Indian economy is predominantly
agricultural, the proportion of workforce engaged in agricultural activities has fallen
significantly. This reduction is perhaps, a sign of enhanced employment opportunities in other
sectors. The failure of agriculture and rural economy, economic status of rural population and
impact of development, advent of industrial development, and socioeconomic discrimination
are the principal factors governing their decision to migrate.

India owing to its scope and scale witnesses all kinds of migration. In the streams of internal
migration, the study of inter-state migration of workers assumes special importance in the
process of development of the country. Accelerated movement of workers mainly from the
rural and economically backward areas in search of employment has been one of the most
important features of labour market scenario in India during the post-independence period.
Major development works and projects launched after the independence attracted all type of
migrant workers from all parts of the country especially from the less developed regions or
states.

The uneven development between the states has resulted in the large scale labour migration
from one state to another. This type of migration causes movement of working force. Labourers
whose income is not enough that they can have a respected life, they are opting for some other
options. They are migrating towards places, cities to work in factories and construction project
etc. Inter-State migration of labour has become a pioneer component of economic development
in modern age especially in the context of industrialization. It helps to provide required labour
to the states where there is labour shortage and employment opportunities are comparatively
bright. It is now recognized that inter state migration is a part of the normal livelihood strategy
of the labour and has become an essential feature of modern society.

The practice of engaging migrant workers through contractors is old in India and still a wide
spread practice in both organized and unorganized sectors. The employment system of inter
state migrant labour is an exploitative system prevalent more or less in all the states of India.
This system was rampantly institutionalized in Orissa and in some other states. In Odisha
(earlier Orissa) Dadan labour is recruited from various parts of the state through contractor or
agents called sardar / khatadars for work outside the state in large construction projects. Though
the sardars at the time of recruitment promise that wages calculated on piece-rate basis would
be settled every month, the promise is not usually kept. Once the worker comes under the
clutches of the contractor, he takes him to a far-off place on payment of railway fair only. The
contractor makes the worker to work for unlimited period, without period of rest, under
extremely bad working conditions on meagre sum of wages. The provisions of the various
labour laws are not being observed in their case and they are subjected to various malpractices.
The system of employment of Dadan labour and the problems of the Dadan labour attracted
the policy makers. The labour ministers conference in its 28th session held at New Delhi on
26th October, 1976 decided to appoint a compact committee to go into the whole question and
to suggest measures for eliminating the malpractices and abuses prevalent in this system.2 The
committee conducted inspections in some states and examined the system. The committee
observed that the characteristics of Dadan Labour system are that it resembles in some cases
of the bonded labour system.3 Dadan labour is a form of contract labour and labourers are
recruited from various parts of the state of Orissa for work mainly in large civil works / project

2
Government of India, Ministry of Labour, Compact Committiee Report, P.1, 1978.
3
Id. at P.2.
Act.4 These sardars have their agents called Khatadars who are incharge of recruitment of each
group of such workers, their placement in the projects, and some advance payment at the time
of recruitment. The worker, thereafter sent to the place of work in a project at a far-off place
by meeting the railway fare; the worker is generally not paid any wages in cash during the
period of contract which usually extends to six months; sometimes the Khatadars arrange to
remit some money to the house of the workers by money order and that, too, only after half
the period of contract is over; the Sardars engage mates who control the Dadan labour at the
work site; the workers are thus at the mercy of Khatadar and Mates who provide them food and
petty advances for bidi, etc., during the period of stay. Generally on the expiry of the contract
period, the accounts are settled and the Dadan worker is repatriated at the cost of the contractor
/ agent; some time the Dadan labour have been arbitrarily shifted from one place to another
without there being any specific provision in the agreement; sometimes the Dadan workers are
not released from the work site on the expiry of the contract period.5

In view of the circumstances explained above, the Compact Committee recommended for the
enactment of a separate central legislation to regulate the employment of inter state migrant
workmen as it was felt that the provisions of the Contract Labour (Regulation and Abolition)
Act, 1970, even after necessary amendments would not adequately take care of the variety of
malpractices indulged in by the contractors or Sardars or Khatadars, etc., and the facilities
required to be provided to these workmen in view of the peculiar circumstances in which they
have to work.

The recommendations of the compact committee have been examined in consultation with the
State Governments and the ministries of the Government of India and the suggestions made by
them have been taken into account in formulating the proposals for the legislation,6 The Inter-
State Migrant Workmen (Regulation and Conditions of Service) Act, 1979.

LEGISLATIONS

4.1 Law on Unorganised Sector An Overview

The Law relating to Labour and employment in India is primarily known under the broad
category of Industrial Law. The history of Labour legislation in India is interwoven with the

4
Government of India, Ministry of Labour, Compact Committiee Report, P.1, 1978.
5
Id. at PP.2 and 3.
6
Statement of objects and reasons of the Inter-State Migrant Workmen (Regulation and
Conditions of Service) Act, 1979.
history of British colonialism. The original colonial legislation underwent substantial
modifications in the post colonial era because independent India called for a clear partnership
between labour and capital. The various labour movements have been instrumental in the
enacting of Laws protecting the workers in the 19th and 20th centuries. The International
Labour Organisation, founded in 1919 also emphasized the need for protecting workers in
India.

The framers of Indian Constitution also paid due attention to the amelioration of the working
class of the country. The relevance of the dignity of human labour and the need for protecting
and safeguarding the interest of labour as human beings has been enshrined in Part III (Articles
16, 19, 23 & 24) and Part IV (Articles 39,41,42,43,43A & 54) of the Constitution of India
keeping in line with Fundamental Rights and Directive Principles of State Policy. The Indian
Constitution has made a specific mention of the duties that the State owes to labour, to their
economic upliftment and social regeneration. The entire Labour Legislations of India basically
originates from the Directive Principles of State Policy (DPSP) of the Constitution.

The Directive Principles of State Policy have been reflected almost in all our labour
legislations. India is a federal form of Government. Labour is a subject in the concurrent list of
the Indian Constitution. By virtue of the powers conferred by the Constitution both Central and
State Governments are competent to legislate on labour matters and administer the same. Thus,
with the advent of Industrial revolution and framing of the Indian Constitution several numbers
of Labour Laws are enacted in India to protect and safeguard the interest of the working force.
The protection of Labour and the improvement of their economic conditions through various
labour laws are taken up not only because workers are poor, lacked bargaining power,
Directives of the Constitution, but also in order to implement various International Conventions
of the International Labour Organisation relating to labour ratified by India from time to time.
The Legislations enacted by the parliament can be categorized as follows;

(i) Labour Laws enacted by the Central Government, where the Central Government has the
sole responsibility for enforcement.1

(ii) Labour Laws enacted by Central Government and enforced both by Central and State
Governments.

(iii) Labour Laws enacted by Central Government and enforced by the State Governments.
(iv) Labour Laws enacted and enforced by the various State Governments which apply to
respective states.

4.5 Law on Inter State Migrants

The Act applies to every establishment in which five or more Inter-State Migrant Workers are
employed or were employed on any day of the preceding 12 months. The Act also likewise
applies to every contractor who employs or employed five or more Inter-State migrant Workers
during the preceding twelve months.34 The

Act defines an Inter State Migrant Workman as any person who is recruited by or through a
contractor in any 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.35

In order to consider a person as Inter State Migrant Workman the following

four conditions are to be satisfied under the Act.

(i) The worker should be recruited by a Contractor in one state. (ie,

Home State of the worker)

(ii) The recruitment should be for employment in an establishment in

another State. (ie, Host State)

(iii) The recruitment may be made by an agreement or by any other

arrangement.

(iv) The recruitment may be made with or without the knowledge of the

principal employer of an Industrial Establishment of the Host State.

The Act empowers the appropriate Government to appoint registering

officers.36 Every principal employer of an establishment to which this Act applies

makes an application to the registering officers for the registration of the

34 Section 1 (4) (a) and (b)

35 Section 2 (1) (e)

36 Section 3

140

establishment.37 The registration of the principal employer is compulsory if the Inter

State Migrant Workers are employed or intended to be employed in his establishment.

The registering officer shall register the establishment and issue a certificate of

registration within one month after the receipt of the application from the principal

employer if the application for registration is complete in all respects38.

If the application for registration is incomplete the registering officer is

required to return the application to the principal employer of the establishment39. The

Act contemplates a situation where the registering officer does not grant registration

certificate within one month or he does not return the application treating it

incomplete, the registering officer shall within 15 days from the receipt of the

application rather an application in the form of a reminder from the principal

employer, register the establishment and issue the registration certificate40. Section 4

of the Act shows that when an application for registration under the Act is moved the

registering officer is required either to register the establishment or to return the

application on the ground that it is not complete as required.

The Act empowers the registering officer to revoke the registration certificate

issued if he is satisfied that the registration has been obtained by misrepresentation or

suppression of any material fact or it has become useless or ineffective for any other

reasons, after giving the principal employer an opportunity of being heard and after
obtaining prior approval of the appropriate Government41. This Act also empowers

the registering officer to suspend the operation of the certificate pending such

revocation for such period as may be specified in the order and serve the order by the

37 Section 4

38 Section 4 (2) (a)

39 Section 4 (2) (b)

40 Section 4 (3)

41 Section 5

141

registered post to the principal employer. It must contain the reasons why such action

is being taken42. The Act prohibits the principal employer to employ Inter State

Migrant Workmen without obtaining a certificate of registration43.The Act does not

prohibit employment of Inter State Migrant workers if the registration application is

pending before the registering officer.44

As already stated, Inter-State Migrant workmen under the Act 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. In this

process of recruitment and employment, the role of contractor is most important who

recruits the migrant workers in a state and supplies them to an establishment in

another state for employment. In order to regulate the process, the Act empowers the

appropriate government to appoint licensing officers45. The appropriate government

may define the jurisdiction and powers of the licensing officer at the time of

appointment46.

The Act prohibits the contractor to recruit any person in a state for the purpose
of employment in another state except under and in accordance with a license issued

by the licensing officer appointed by the Central Government or the State

Government, as the case may be who has jurisdiction to the area wherein the

recruitment is made47. Similarly, the contractor is prohibited to employ as workmen

for the execution of the work in any establishment in any state, persons from another

state except under and in accordance with a license issued in that behalf by the central

42 Section 5

43 Section 6

44 Section 7

45 ibid

46 ibid

47 Section 8

142

government or the State government who has jurisdiction to the area wherein the

establishment is situated48. Therefore, every contractor is required to obtain a license

from the licensing officer appointed under the Act, both for employing migrant

workers in any establishment as also for the purpose of recruiting any person in a state

for the purpose of employing him in any establishment situated in another state.

The license under the Act may contain 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

to be provided to the Inter State Migrnat Workmen as deemed fit by the appropriate

government in accordance with the rules and shall be issued on payment of prescribed

fees49. However, for any special reasons the licensing officer may require the
applicant to furnish security for the performance of the conditions of the license50.

The security required to be furnished shall be reasonable 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 factors51.

The Act makes it illegal for a contractor either to recruit a person in a state for

the purpose of employing him in any establishment situated in another state, or to

employ a migrant worker for execution of any work in any establishment in any state

without having obtained a license under the Act and in violation of the conditions of

such a license.

The Act prescribes procedure for making application by the contractor and

grant of license by the licensing officer. Every application for grant of license is

48 Section 8

49 Section 8 (2)

50 ibid

51 Section 8 (3)

143

required to be made in the prescribed form and it must contain the particulars

regarding the location of the establishment, the nature of process, operation or work

for which inter - state migrant workmen are employed52 . The licensing officer may

make investigation in respect of the application received by following prescribed

procedure and the license granted under the Act is valid for a specified period and

may be renewed from time to time.

The Act lays down the conditions under which the license issued may be

revoked or suspended or the security or any part thereof furnished by the contractor
may be forfeited53 . The licensing officer on being satisfied can revoke license and

forfeit the security furnished by the contractor, if (i) the license has been obtained by

misrepresentation or suspension of material facts or (ii) the holder of the license has

failed to comply (without a reasonable cause) any of the conditions of the license or

(iii) the holder of the license contravened any of the provisions of the Act or rules

made there under54. The order of the revocation or forfeit of security shall be made

after the holder of the license has been given reasonable opportunity of being heard55.

The action contemplated under section 10 of the Act shall be without prejudice to any

other penalty to which the holder of the license may be liable under this Act. The

licensing officer is also authorized to suspend the operation of the license, pending

such revocation one or forfeiture of security56. The licensing officer may also vary or

amend a license granted under the Act57.

52 Section 9

53 Section 10

54 ibid

55 ibid

56 Section 10

57 ibid

144

The Act makes provision of appeal against the orders made under section 4,

section 5, section 8 or section 10 within 30 days on which the order is communicated

to an appellate officer who shall be a person nominated in this behalf by the

appropriate government and on receipt of an appeal after giving the appellant an

opportunity of being heard dispose of the appeal as soon as possible58.

The Inter State Migrant Workmen Act clearly enumerates the duties,

obligations and other arrangements to be made by the contractors in connection with

Inter State Migrant Workmen. Section 12 of the Act deals such duties and

obligations of the contractors. According to the section the contractor must furnish the

particulars regarding the recruitment of Inter State Migrant Workers within 15 days

from the date of recruitment to the relevant authorities in the state from which an Inter

State Migrant workmen is recruited and in the state in which such workmen is

employed. Where any change occurs in any of the particulars so furnished such

change shall be notified to the relevant authorities of both the states. The contractor

must issue all the Inter State Migrant workers with a pass book containing the

workers photograph and indicating in Hindi and English or in the language known to

the workman. The pass book must contain the name and place of employment

wherein the workman is employed, the period of employment, wage rates and mode

of payment displacement allowance payable, return fare payable to the workman on

the expiry of the period of employment, any deductions made from wages and other

particulars. The contractors must furnish information to the authorities of both the

states about the termination of employment with a declaration that wages and other

dues of the workman and the fare for return journey back to his state payable have

58 Section 13

145

been paid. The contractor is required to maintain the pass book up to date and

cause it to be retained with the Inter State Migrant workman concerned.

The Act provides wage security to the Inter State Migrant Workmen. The

wage rates holidays, hours of work and other conditions of service of Inter State
Migrant workmen shall be the same as those applicable to other workmen if they

perform the same or similar kind of work in the establishment59. In no case the

Inter State Migrant Workmen be paid less than minimum wages fixed under the

Minimum Wages Act, 1948 and the wages payable to the Inter State Migrant

Workmen shall be paid in cash notwithstanding any other mode of payment of wages

is in operation under any other law for the time being in force60.

The contractor is required to pay displacement allowance to every Inter State

Migrant Workman at the time of recruitment and the allowance shall be equal to fifty

percent of the monthly wages payable to the worker or seventy five rupees

whichever is higher61. The amount paid to workmen as displacement allowance shall

not be refundable and shall be in addition to the wages or other amounts payable to

him62. The Inter State Migrant Workmen are entitled to displacement allowance for

the simple reason that they have to migrate to some other place for employment

leaving the native place. Similarly, the contractor is further required to pay journey

allowance of 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 both for the

outward and return journey besides payment of wages during the period of his journey

59 Section 13

60 ibid

61 Section 14

62 ibid

146

as if he is on duty63. The contractor has to ensure regular payment of wages, equal

pay for equal work irrespective of sex, suitable conditions of work and to provide and
maintain suitable residential accommodation, medical facilities on free of charge,

protective clothing and report to the specified authorities of both the states and also

the next of kin of the workman any instances of serious bodily injury or fatal accident

of the workman64.

Section 17 the Act fixes the responsibility for payment of wages to

Inter State Migrant Workers and to ensure payment within prescribed period. The

contractor shall be responsible for payment of wages to each Inter State Migrant

Workmen employed by him and such wages shall be paid before the expiry of

prescribed wage period. Every principal employer shall nominate a representative

duly authorized by him to be present at the time of disbursement of wages and he is

required to certify the amount paid as wages in the prescribed manner so that no

deduction could be made out of wages payable to the Migrant Workman. Similarly

the contractor is bound to ensure the disbursement of wages in the presence of

authorized representative of the principal employer. In case the contractor fails to

make payment of wages within the prescribed period or makes short payment, the

principal employer shall be liable to make payment of the wages in full or the unpaid

balance due 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.

The allowances required to be paid under section 14 or section 15 to an Inter-

State Migrant Workman employed in an establishment is not paid by the contractor or

63 Section 15.

64 Section 16.

147
any facility specified in section 16 is not provided for the benefit of such workman,

then such allowance or facility shall be provided by the principal employer65. All the

allowances paid by the principal employer or all the expenses incurred by him in

providing such facility 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

by the contractor66.

Under Section 19, it is the duty of every contractor and every principal

employer to ensure that any loan given by such contractor of principal employer to

any Inter- State Migrant Workmen does not remain outstanding after the completion

of the period of employment under the said contractor or principal employer. The

obligation of Inter- State Migrant Workmen to repay any debt obtained from the

contractor or principal employer and remaining unsatisfied before the completion of

such employment is deemed to have been extinguished on completion of the

employment. Also no suit or other proceedings shall be in any court or before any

authority for the recovery of such debt or any part thereof. This is intended to

safeguard the interest of migrant worker. The Act makes clear that the loan which

remains unsatisfied and the period of employment is completed the loan is deemed to

be extinguished and no case can be filed for recovery.

Section 20 of the Act empowers the appropriate government to appoint such

persons as it thinks fit to be inspectors for the purpose of this Act defining the local

limits within which they shall exercise their powers. This Section enumerates the

powers of the inspectors. If the inspector has reasonable grounds to believe that any

Inter- State Migrant Workmen are employed in any premises or place, he may enter at

65 Section 18
66 Ibid.,

148

all reasonable hours with such assistants who are in the service of the government or

any local or other public authority, such premises or place for the purpose of

satisfying himself whether the provisions of this relating to payment of wages,

conditions of service or facilities to be provided to such migrant workmen are being

complied with. For that purpose he may examine registers or records or notices. He

may also examine any person found in the premises to identify whether he is an

Inter State Migrant Workman. Inspectors has power to seize or takes copies of such

registers, records of wages or notices which in his opinion are relevant to constitute an

offence under the Act. The section empowers the State government also to appoint

inspectors to satisfy itself whether the provisions of this Act are being complied with

in relation to workmen belonging to that state employed in any establishment in

another state. But no such order shall be issued without the concurrence of the state

government in which such workmen are employed or without the concurrence of the

central government if the establishment where they are employed is pertaining to any

industry carried on by or under the authority of the central government.

Section 21 of the Act is a deeming provision. This Section states that

Inter- State Migrant Workmen shall be deemed to be employed and actually worked

in the establishment or as the case may be the first establishment in connection with

work which they are doing from the date of their recruitment for the purpose of the

enactments specified in the schedule of the Act. It is clear that the date of recruitment

and the date of employment in any establishment where they are made available by

the contractors may be different. It is therefore, date of recruitment shall be deemed to

be the date of employment for certain labour enactments so that they may be entitled

to the benefits of the provisions of the enactments specified in the schedule such as

Employees Compensation Act, Payment of Wages Act, Industrial Disputes Act,

149

Employees State Insurance Act, Employees Provident Fund Act and the Maternity

Benefit Act.

Section 22 of the Act deals with adjudication of Industrial Disputes relating to

migrant workmen. This Section empowers the Central Government in case it is the

appropriate government, to refer such a dispute to the authorities (specified in Chapter

II of the Industrial Disputes Act) in the state wherein the establishment is situated or

in the state where recruitment was made, provided the workman concerned makes an

application on the ground that he has returned to that state after completion of his

work. In case the Central Government is not the appropriate Government, the Act

similarly empowers the State Government to refer such a dispute to any one of the

authorities in the state wherein recruitment was made if the migrant worker makes a

request on the ground that he has returned to that state after completion of his work,

provided that such an application is made within six months of his return to his state.

No such reference shall be made except after obtaining the concurrence of the state

Government in which the establishment is situated.

Section 22 contemplates the situation where the migrant workman moves an

application for transfer of proceeding during the pendency of the case. It provides that

if during the pendency of the proceeding an application for transfer of such

proceeding to the corresponding authority in the state of recruitment is moved by

migrant workman stating that he has returned back to the state of recruitment after
completion of his employment that authority shall forward that application to the

central government or the state government, as the case may be, where such

recruitment was made and transfer pending proceeding in the prescribed manner to

such authority as may be specified in this behalf by that Government. This Section

150

expressely provides that if the Central Government is satisfied that it is expedient in

the interests of justice, may by order in writing with reasons withdraw any proceeding

relating to an Inter- State Migrant Workman pending before an authority in which the

establishment is situated and transfer it to authority in the State where he was

recruited. This section also provides that the authority to which any such proceeding

is transferred is empowered to proceed either afresh or from the stage at which it was

so transferred. Further it provides the procedure for transfer of pending proceeding in

connection with industrial dispute of the migrant workman in the state where dispute

arose to the state where he was recruited.

Every principal employer and every contractor is required to maintain such

registers and records regarding the particulars of the Inter- State Migrant Workmen

employed, the nature of work performed but such workmen, the rate of wages paid to

the workmen and such other particulars and it is also required that notices in the

prescribed form containing particulars about hours of work, nature of duty and such

other information shall be kept exhibited within the premises of the establishment by

the principal employer and the contractor concerned67.

Section 24 of the Act provides for punishment for the person who obstructs an

inspector in discharge of his duties under this Act or willfully neglects to afford the

inspector or the authorized person any reasonable facility for making any inspect on
examination, inquiry or investigation etc. The punishment may extend to two years of

imprisonment or with fines which may extend to two years of imprisonment or with

fines which may extend to two thousand rupees or with both. The Act imposes

punishment with imprisonment which may extend to one year or with fine which may

67 Section 23

151

extend to one thousand rupees or with both on any person who contravenes any

provisions of this Act or any rules made there under regulating the employment of

Inter State Migrant Workmen or contravenes any condition of a license granted

under this Act and in case of continuing contravention an additional fine may be

imposed which may extend to one hundred rupees per day during which such

contravention continues after conviction for the first such contravention68.

Section 26 deals that if any person contravenes any of the provisions of this

Act or of any rules made there under 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.

Section 27 of the Act makes provision for punishment where an offence has

been committed by a company. In such event, 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 itself, shall be

deemed to be guilty of the offence and shall be liable to be proceeded against and

punished accordingly. Protection is given to a person who proves that the offence was

committed without his knowledge or that he has exercised all due diligence to prevent

the commission of such offence. In such a situation such person shall not be liable for
the same. This section provides further that if the offence has been committed by the

company and it has been proved that the offence was committed with the consent or

connivance of, or is attribute to any neglect on the part of any 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. According to this section,

68 Section 25

152

company means any body corporate and includes a firm or other association of

individuals and director in relation to a firm means a partner in the firm.

Section 28 deals cognizance of offence. The cognizance of any offence under

the Act can be taken by the court only when complaint is made by or with the

previous sanction in writing of an inspector or authorized person and no court inferior

to that of metropolitan Magistrate or a first class Judicial Magistrate shall try any

offence punishable under this Act.

Section 29 of the Act says about limitation of prosecutions. The period of

limitation of prosecution is three months from the date on which the alleged

commission of the offence came to the knowledge of the inspector or the authorised

person concerned but the period of limitation is six months in cases where the offence

consists of disobedience of the written orders of the inspector or authorized person as

the case may be and the period shall be counted from the date on which offence is

alleged to have been committed.

Section 30 of the Act gives an overriding effect over any other law, agreement

or contract of service etc., which are inconsistent with the provisions of this Act.

However, if under any other law, agreement or contracts of service the Inter- State
Migrant Workmen are getting more favourable benefits, then these benefits shall

continue and the Inter State Migrant Workmen will continue to get other benefits

also from this Act.

Section 31 of the Act empowers the appropriate Government to exempt 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

153

from the operation or application of all or any of the provisions of the Act or rules

made thereunder, if that Government is satisfied that it is just and proper to do so

having regard to the methods of recruitment and the conditions of employment in

such establishments and all other relevant circumstances.

Section 32 provides protection to any registering officer, licensing officer or

any other employee of the Government for anything done in good faith or intended to

be done in good faith in pursuance of the Act or any rule or order made thereunder,

from any suit, prosecution or other legal proceedings. Similarly, no suit or other legal

proceedings shall lie against the Government itself for any damage caused or likely to

be caused by anything done or indented to be done in pursuance of this Act or any

rule or notification or order made or issued thereunder.

Section 33 empowers the Central Government to give directions to any State

Governments to execute the provisions of the Act in the State concerned.

Section 34 confers powers on the Central Government to make such

provisions as appears to it to be necessary or expedient for removing the difficulty

experienced in giving effect to the provisions of this Act. The Act empowers the

appropriate Government to make rules to carry out the provisions of the Act on
matters related registration of an establishment, license, security, appeals, wage rates,

holidays, hours of work, conditions of service, wage period, allowances or facilities

powers of the inspectors, forms of registers and records and legal aid to Inter State

Migrant Workmen69.

69 Section 35

154

The Central Government in exercise of the powers conferred by Section 35

has made the rules namely Inter-State Migrant Workmen Central Rules, 1980. The

Tamilnadu Government has made the rules namely Inter-State Migrant Workmen

(Regulation of Employment and Conditions of Service) (Tamilnadu) Rules, 1983 in

exercise of the powers conferred under Section 35 of the Act.

Section 36 of the Act has repealed the Orissa Dadan Labour (Control and

Regulation) Act, 1975 and also repealed any law corresponding to that Act, in force,

in any State. However, this Section provides that anything done or any action taken

under the repealed law, in so for as such thing or action is not inconsistent with the

provisions of this Act shall continue to be in force accordingly until superseded by

anything done or any action taken under this Act.

Laws related to Migrant Labourers in India

A large number of studies have found that migration earnings are used mainly for
consumption; i.e. food, clothing, house repairs, social events and religious pilgrimages. But
this underplays their importance in improving family nutrition and reducing the need to borrow
for essentials. Furthermore, new evidence shows that migration earnings are being invested in
agriculture, small enterprise, education, health and housing all of which contribute to
improving household well-being. On the negative side, male migration from nuclear families
can lead to loneliness and increased work burdens for women.
Poor migrants are often employed in risky jobs- industrial accidents, exposure to hazardous
chemicals, long working hours and unhygienic conditions are the norm. Especially hazards are
dying, other chemical industries, stone crushing, brick making, steel utensil production and
loading. Migrants are susceptible to infectious diseases because of the very poor, crowded and
unhygienic living conditions (migrants are identified as high-risk group by the National Aids
Control Organisation). They often face exclusionary processes that prevent them from
acquiring new skills and moving up the job ladder.

HENCE, THERE IS A NEED FOR LAWS RELATING TO MIGRANT LABORERS. LET

US TAKE A LOOK A LOOK AT, LAWS RELATED TO MIGRANT LABOURERS IN
INDIA

The law related to migrant labourers in India is Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979 which was passed by both the houses of
Parliament and President of India gave his assent on June 11, 1979.

This Act makes provision for availing with the onsite services of interstate workers by the
contractors to overcome only the temporary shortage of required skilled workers in a state. The
purpose of this act is not to encourage interstate migration of workers against the interests of
local workers as the principal employers would have to incur more cost in deploying interstate
workers.

Meaning of inter-state migrant labourers under the Inter-State Migrant Workmen

(Regulation of Employment and Conditions of Service) Act, 1979

According to section 2(1) (e) of Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979, 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.

Historical Overview: (Laws related to Migrant labourers)

The story of inclusion of Inter-State Migrant Legislation in the statutory book is a tale of
dispensing social justice to the migrant workmen. There are two crucial factors responsible for
influencing the problem of migrant labours.
Firstly, at the international level, when the demand outstripped the ability of Arab State to
supply labour because of massive investment program by the oil producing Arab countries and
resulting increase in demand for workers from Asia, namely, Pakistan, India, Sri Lanka,
Bangladesh, Thailand, Philippine, Korea and Indonesia.

Secondly, South Asian workers accepted job and wages that Arab workers refused to take.
However, these factors of migrant labour are not directly or intimately concerned with the
problem under investigation, because such problems have altogether a different perception at
the international arena for which sufficient studies have been conducted by International
Labour Organization.

Thirdly, the inter-state migrant workers accept jobs and wages in other states other than their
home states because of extreme poverty and income inequality.

The National commission opined that the necessity of abolition of contract labour has long
been felt because of the benefits of the labour legislation not reaching to such class of workers
owing to the enlargement of the definition of workers in the Factories Act, 1948, The Mines
Act, 1952, The Plantation Labour Act, 1951, The Employees State Insurance Act, 1948.
Obviously, since the submission of the Commission report, the policy- makers have been taking
various steps to give piece- meal relief to contract labour. The judiciary also discouraged the
practice of employment of contract labour since such workers were not getting wages according
to law and lack of conducive working conditions.

Applicability of this Act

THIS ACT APPLIES 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

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.
[Section 1(4)]

Duties of Contractors employing inter-state migrant workers

IT SHALL BE THE DUTY OF EVERY CONTRACTOR EMPLOYING INTER-STATE

MIGRANT WORKERS:
To furnish such particulars in the prescribed form to the prescribed authority in State from
which the inter-state migrant worker is recruited, within 15 days from the date of employment,
and where any change occurs in any particulars so furnished, such change shall be notified to
the specified authorities of both the State.

To issue to every such worker, a passbook affixed with a passport size photograph of the worker
and indicating in Hindi and English and also in the vernacular language of the worker:

The name and place of the establishment wherein the workman is employed;
The period of employment; the proposed rates and modes of payment of wages;
The proposed rates and modes of payment of wages;
The displacement allowance payable;
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;
Deductions made; and
Such other particulars as may be prescribed;
To furnish to the State from which the inter-state migrant worker is recruited and also
in which he ceases to be employed, a return in prescribed form, a declaration that all
the wages and other dues payable to the worker and the fare for the return journey back
to his State have been paid.

The Contractor shall maintain the pass-book up-to-date and cause it to be retained with the
inter-state migrant worker concerned.

Wages and other conditions of service of inter-state migrant workers: (section 13, 14, 15, 16)

THE WAGE RATES, HOLIDAY, HOURS OF WORK AND OTHER CONDITIONS OF

SERVICE SHALL BE:

In case the inter-state migrant worker works in an establishment, with same or similar
kind of work being performed, be same as those applicable to such other workmen.
In any other case, as prescribed by appropriate Government.

Provisions under the stated sections

The wages payable to the inter-state migrant worker shall be paid in cash.
 The contractor shall, at the time of recruitment of inter-state migrant worker, pay
displacement allowance equal to 50% of monthly wages or Rs. 75, whichever is higher
and this amount shall not be refundable and shall be in addition to the wages and other
amounts payable to the inter-state migrant worker.
The inter-state migrant worker shall be paid an amount not less than the fare from his
place of residence in his State to the place of work in other State by the contractor as
Journey allowance for both outward and return journeys and shall also be entitled to the
payment of wages during the period of such journeys as if he were on duty.

IT SHALL BE THE DUTY OF EVERY CONTRACTOR EMPLOYING INTER-STATE

MIGRANT WORKER,

To ensure regular payment of wages to such worker

To ensure equal pay for equal work irrespective of sex;
To ensure suitable conditions of work to such workers having regard to the fact that
they are required to work in a State different from their own State;
To provide and maintain suitable residential accommodation to such workers during
the period of their employment;
To provide the prescribed medical facilities to the workers, free of charge;
To provide such protective clothing to the workers as may be prescribed; and
In the case of fatal accident or serious bodily injury to any such worker to report to the
specified authorities of both the States and also the next-of-kin of the worker.
Despite the contribution made by migrants to the National Economy, most remain on
the margins of society, contributing cheap labour but unable to influence their pay or
working and living conditions, and without political voice, especially where they
migrate to other states.
Migrants are preferred over local labour by employers because they are cheaper and
work harder. As migrants become one of the most important sources of labour across
the country, services and support for migrant workers need to be seen as an essential
investment for Indias development trajectory.

MAGNITUDE
REASONS

2.6 Reasons for Migration of Workers

Movement of living beings in search of better environments is a natural phenomenon and man
is no exception to it. Migrations have significantly influenced human history. Industrial
revolution all over the country accelerated the process of urbanization. The push and pull
factors of Economic, demographic, socio cultural, psychological, political and institutional
are responsible for the migration of the workers within the nation and across the nation. Push
factors are things that are unfavourable about the area that one lives in and pull factors are
things that attract one to another area. Uneven economic development, inter-regional disparity
and differences in living standards between socio-economic groups are some of the important
reasons responsible for migration.

Kingsley Davis is of the opinion that some conditions in India have favoured migration.
According to him religious festivals, commercial fairs, dire famines, general wars and ruthless
taxation in the past accelerated the movement of population. Certain other conditions during
the British rule in India favoured migration. These are developments of the means of transport
and communication, educational facilities, decline of caste and family solidarity, growth of
large scale industries, development of cities, expansion of irrigation and increase in security.7

D.N. Majumdar gives the following causes of migration.8 Insufficiency of cultivable land,
disputes in the family, presence of friends and relatives which could help in getting a job,
reunion of hereditary occupation and loss in business, attraction of the city life, absence of
employment opportunities in accordance with their education at their native places, desire for
investment, official transfer, search for employment, political reasons and accompanying other
orderly migrants.

Dhekney in his study of Hubli city finds following causes of migration for securing
employment, better prospects, better employment or better business, city ward migration on
account of factors such as famines, inadequacy of land, loss of land and low income etc.9

7
Kingsley Davis, The Population of India and Pakistan, P.108,(Princeton, New Jersey, 1951).
8
Majumdar, D.N.,Social Contours of an Industrial City, P.73 (Asia Publishing House, Bombay, 1960).
9
Dhekney,B.R., Hubli City: A Study in Urban Economic Life, pp.44-52, (Karnataka University, Dharwar, 1959,)
Ganguli also lays stress on wider economic, political and cultural reasons which causes
migration.10

The important factors which cause migration may be classified into five broad groups, viz.,

Economic factors
Demographic factors
Socio Cultural and psychological factors
Political and institutional factors; and
Miscellaneous factors

2.6.1 Economic Factors

The major reasons for migration are economic factors. Despite the relevance of non economic
factors most of the studies indicate that migration is primarily motivated by economic factors.
In large number of developing countries, low agricultural income, agricultural unemployment
and underemployment are considered basic factors pushing the migrants towards prosperous
or dynamic areas with greater employment opportunities. Almost all studies confirm that most
of the migrants have moved in search of better economic opportunities. The basic economic
factors which motive migration may be further classified as push factors and pull factors.
Most of the literature on migration speaks of two main causes of migration, namely, those
related to the push factors and those related to the pull factors. Many of the empirical
studies on the subject conclude that migration is undertaken primarily for economic reasons.

The push factors are those that compel a person, due to different reasons to leave that place and
go to some other place. For instance, non availability of employment opportunities, low
productivity, unemployment and underemployment, poor economic conditions, lack of
opportunities for advancement and exhaustion of natural resources may compel people to leave
their native place in search of better economic opportunities. The non availability of
alternative sources of income (other than agricultural activities) in rural areas is also important
factor for migration. An International Labour Organization (ILO) study has come to the
conclusion that the main push factor causing the worker to leave agriculture is the lower level
of incomes.

10
Ganguli,B.N., Population and Development, P.54 (S.Chand & Co., Pvt.Ltd., New Delhi, 1973)
In almost all countries, incomes in agriculture are lower than in other sectors of the economy.11

The pull factors refer to those factors which attract the migrants to an area, such as opportunities
for better employment, higher wages, facilities, better working conditions and amenities etc.,
opportunities for better employment, higher wages, facilities and amenities of modern life etc.,
attract people to certain areas. Aurora is of the opinion that in all types of migration these two
factors Push and pull are present.12 The facilities, amenities and glamour of city life
which lure migrants are termed as City lights. The main factor determining the rate of
outward movement is the expansion of employment in other occupations.13 Another economic
factor that facilitates migration is an elaborate and efficient network of transport and
communication system. One of the pioneering studies conducted by the U. S. Department of
Labour points out that a significant portion of labour mobility can be explained in terms of
lack of alternative employment opportunities.14

2.6.2 Demographic Factors

The difference is in the rates of population increase between the different areas of a country
having been found to be a stimulant to internal migration. Fertility and rate of natural increase
in population are generally higher in rural areas than in urban areas. The reduction in the
mortality rate and the concomitant high rates of population growth drift the rural population
towards the city. Some other demographic factors like marriage migration also play a
prominent part in the internal migration.

According to the National Sample Survey more than 46 percent of the female migration to
urban areas is caused by marriage.15

2.6.3 Socio Cultural and Psychological Factors

Social and cultural factors also play an important role in migration. The quest for independence,
the desire to break away from traditional constraints of social organization, conflicts among
the family members, exclusion from the community circles for one reason or other or a feeling
of being isolated etc., may cause migration especially of those in the younger generation.

11
ILO, Why Labour Leaves the Land: A Comparative Study of Mmovement of Labour out of Agriculture cited
in Sovani,N.V., Urbanisation and Urban India, P.9 (Asia publishing House, 1966).
12
Aurora, G.S. The New Frontier Man; A Sociological Study of Indian Immigrants in United Kingdom, P.11
(Popular Prakashan, Bombay, 1967).
13
ILO, Why Labour Leaves the Land: A Comparative Study of Movement of Labour out of Agriculture cited in
N. V. Sovani, Urbanisation and Urban India, P.209 (Asia Publishing House, 1966).
14
U.S. Department of Labour, Labour Supply in a Newly Industrialized Area, Bulletin No.1261, P.22, (1960).
15
National Sample Survey No.53, Tables With Notes on Internal Migration.
Improved communication facilities such as transportation, Rural Urban interactions, urban
oriented education, the change in the social values and attitudes are also likely to promote
migration. Cultural and linguistic ties and kinship chains significantly influence migration. A
number of studies have found that cultural and psychological factors have importance role in
migration.

2.6.4 Political and Institutional factors

Sometimes even political factors encourage or discourage migration from one region to
another. For instance, the adoption of the jobs for the sons of the soil policy by the State
Governments in India will certainly trim the migration from other states. Institutional factors
such as government policy towards migration may encourage or discourage the movement.

CONCLUSIONS