Section 11 in The Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Central Rules, 1980
11. Forms and terms and conditions of license.-
(1)Every license issued under sub-section (1) of section 8 shall be in Form VIII.(2)Every license granted under sub-rule (1) or renewed under rule 15 shall be subject to the following conditions, namely:-(i)the license shall be non-transferable;(ii)the terms and conditions of the agreement or arrangement or the arrangement under which the migrant workmen is recruited or employed;(iii)the number of migrant workmen recruited or employed;(iv)the number of workmen recruited or employed as migrant workmen in the establishment shall not, on any day, exceed the maximum number specified in conditions (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 license shall be non-refundable;(vii)(a)in cases where the migrant workmen recruited or employed by the contract 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 the 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 the case of any disagreement with regard to the type of work, the same shall be decided by the Deputy Chief Labour Commissioner (Central) [* * *] [ Omitted by G.S.R. 316(E), dated 25.2.1986 (w.e.f. 25.2.1986).];(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 workman shall be employed by any contractor before 6 a.m. or after 7 p.m.:Provided that this clauses shall not apply to the employment of female migrant workmen in Pit head Baths, Creches and canteens and Midwives 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;(xi)the contractor shall comply with all the provisions of the Act and the rules;(xii)a copy of the license shall be displayed prominently at the premises where the migrant workmen are employed;(xiii)the period for which the license shall be valid;(xiv)[ any change in the number of migrant workmen shall be notified to the licensing officer within seven days of this change.] [ Inserted by G.S.R. 932(E), dated 25.11.1987.]
