An Act to regulate the employment of Inter-State Migrant workmen and to provide for their conditions of services and for matters connected therewith. It applies :-
a. To 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.
b. Grant of License:- Every application for the grant of a license under sub-section (1) of section 8 shall be made in prescribed form and shall contain the particulars regarding the location establishment, the nature of process operation or work for which inter-state migrant workmen are to be employed and such other particulars as may be prescribed.
The process flow consists of five (5) steps viz-
Steps 1:- The business entrepreneur (applicant) shall get ready according to the check lists.
Steps 2:- Fill up Form ‘IV’in (triplicate for manual submission) according to the guidelines which is available in the Department Office/Website
Steps 3:- The filled up application completed in all respect and the prescribed fees deposited either through treasury challan in the specified head of account to the Govt. Treasury or through “e-Payment” and along with the required documents are to be submitted to the ‘Facilator’ or the Registering authority.
Steps 4:- Submitted Form and documents are verified by the Registering officer and are officially processed.
Steps 5:-(a) If the applications is found to be correct in all respect than the application is accepted and a Contract Labour License is issued to the applicant.
(b) If the application is found to be incomplete/incorrect, than the application is rejected with a reasoned reply to the applicant.
Any entrepreneur/applicant should possess the contractual agreement with the Principal Employer and Form VI authorization before applying for the license.
If the entrepreneur or applicant engages five (5) or more Interstate Migrant workmen in the contractual work.
Security & Fees
Rule 10 Security :- Where the licensing officer is satisfied in accordance with procedure let down in proviso to sub-section 2 of section 8 that any person who has applied for or who has been issued a license should furnished security for the due performance of the conditions of the license, he shall prepare and estimate of the amount needed to provide recruitment or employment of migrant workmen on the basis of the factors specified in sub-section 3 of the said section and after considering the solvency of such person determined the amount of security to be furnished by such persons which shall not exceed forty percent (40%) of the amount estimated by him.
Rule 12 (2) Fees- The fees to be paid for the grant of license under Section 7 is specified below:
If the number of migrant workmen recruited or employed by the contractor on any day……..
| (a) | is 5 but does not exceed 20 | 10.00 |
| (b) | exceeds 20 but does not exceed 50 | 20.00 |
| (c) | exceeds 50 but does not exceed 100 | 40.00 |
| (d) | exceeds 100 but does not exceed 200 | 80.00 |
| (e) | exceeds 200 but does not exceed 400 | 160.00 |
| (f) | exceeds 400 | 200.00 |
Mode of Payment: Therequisite security & fees specified under Assam Rules-10 & 12 (2) shall be deposited through treasury challan in the specified head of account in the Govt. treasury or through “e-Payment” when it is notified and functioning. The Heads of Accounts under which the receipt relating to the fees for Licensing shall be credited to “0230- Labour and Employment 101-fees under the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Assam Rules,1981. The security deposits shall be booked under the Head “8443-Civil Deposits and Conditions of Service Act,1979-166 deposits under Central State Acts-Deposits under the 116-deposits under Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Assam Rules,1981” under the Section K-Deposits and Advance not bearing Interest.
The Local Labour Office according to the place of work where the contractor will execute.
Office of the Assistant Labour Commissioner/Office of the Labour Officer/ Office of the Labour Inspector.
In the case of any difficulty please contact & Submit the Query-
Office of the Labour Commissioner, Assam,
Gopinath Nagar, Guwahati-78016.
Phone Number- 0361-2547406
Click for filling form Forms - Forms-6 I.S.M.W.- CONTRACTOR
Licensing of a Contractor(s) for Recruitment & Employment of migrant workman under Section 8 (1) (a) & Section 8(1)(b) of the Interstate Migrant Workmen (R.E. & C.S.) Act, 1979 and Rule 7 (1) & Rule 7 (2) of the Assam Rules.