Section 11 in Bihar Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1980
11. Forms and terms and conditions of Licence.
(1)Every licence issued under clause (a) and clause (b) of sub-section (1) of Section 8 shall be in Form VIII and Form VIII-A respectively.(2)Every licence granted under sub rule (1) or renewed under Rule 14 shall be subject to the following conditions, namely :-(i)the licence shall be non-transferable;(ii)the terms and conditions of the agreement or other arrangements under which the migrant workmen is recruited or employed will be observed;(iii)the number of migrant workmen recruited or employed shall be specified;(iv)the number of workmen recruited or employed as migrant workmen in the establishment, shall not on any day, exceed the maximum number as specified in condition (iii);(v)the rates of wages payable to the migrant workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948, for such employment and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed;(vi)save as provided in these Rules, the fees paid for the issue, or, as the case may be, for renewal of licence shall be non-refundable;(vii)(a)in cases where the migrant workmen recruited or employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage-rates, holidays, hours of work and other conditions of service of the migrant workmen of the contractor shall be same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work:Provided that in case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner of Labour, Bihar whose decision thereon shall be final;(b)in other cases, the wage rates, holidays, hours of work and conditions of service of the migrant workmen recruited or employed by the contractor shall be such as prescribed in these Rules;(viii)every migrant workman shall be entitled to allowances, benefits, facilities, etc., as prescribed in the Act and the Rules;(ix)no female migrant workmen shall be employed by any contractor before 6 a.m. or after 7 p.m.:Provided that this clause shall not apply to the employment of female migrant workmen in Pit-head Baths, Creches and Canteens and Mid-wives and Nurses in hospitals and dispensaries;(x)the contractor shall notify any change in the number of migrant workmen or the conditions of work to the Licensing Officer within fifteen days;(xi)the contractor shall comply with all the provisions of the Act and the Rules;(xii)a copy of the licence shall be displayed prominently at the premises where the migrant workmen are employed;(xiii)the period for which the licence shall be valid.(3)The Licensing Officer shall maintain a register in Form VIII-B showing the particulars of the contractors in relation to whom licences have been issued by him.
