The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

July 7, 2025

Introduction

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, was a landmark piece of legislation enacted by the Parliament of India. Its primary objective was to protect the rights and regulate the employment conditions of workmen who migrate from one state to another for work. These workers often faced exploitation, poor working conditions, and lack of basic amenities due to their vulnerable position. This document provides a comprehensive overview of the Act, its key provisions, and its significance.

It is important to note that while the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, was a crucial piece of legislation, it has since been subsumed and repealed by the Code on Social Security, 2020. However, the core principles, protections, and obligations it established for inter-state migrant workmen have been carried forward and integrated into the new Code. Understanding the 1979 Act remains essential for comprehending the evolution of labour laws in India concerning migrant workers.

The Act: Key Provisions

Preamble and Objective

The Act was enacted to regulate the employment of inter-state migrant workmen and to provide for their conditions of service and for matters connected therewith. The main objectives were:

To prevent the exploitation of inter-state migrant workmen by contractors and principal employers.
To ensure fair wages, decent working conditions, and basic amenities for these workers.
To provide for their registration, licensing of contractors, and the responsibility of principal employers.
To ensure that migrant workers are not deprived of their rights merely because they work away from their home states.

Applicability of the Act

The Act applied to:

Every establishment in which five or more inter-state migrant workmen (whether or not in addition to other workmen) are employed or 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.

The “appropriate Government” (Central or State Government) had the power to extend the provisions of the Act to any establishment or contractor employing fewer than five inter-state migrant workmen.

Key Definitions

Inter-State Migrant Workmen: A person who is recruited by or through a contractor in one State (the “home State”) for employment in an establishment in another State (the “receiving State”), whether with or without the knowledge of the principal employer in the receiving State.
Contractor: A person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, by employing inter-state migrant workmen or who supplies inter-state migrant workmen to such establishment, and includes a sub-contractor.
Establishment: Any office or department of the Government or a local authority, or any place where any industry, trade, business, manufacture, or occupation is carried on.
Principal Employer: In relation to any establishment, the person who has ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager, managing director or other person, such manager, managing director or other person.
Wages: All remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person in respect of his employment or of work done in such employment.

Registration of Establishments

Every principal employer of an establishment to which the Act applied was required to register their establishment with the registering officer of the appropriate Government. This registration ensured that the presence of migrant workers was officially recorded and monitored.

Licensing of Contractors

No contractor could recruit any person as an inter-state migrant workman unless he held a license issued by the licensing officer of the appropriate Government of the home State and, where the employment was in an establishment in another State, also by the licensing officer of the appropriate Government of the receiving State.

The license specified:

The number of workmen to be recruited.
The conditions of work.
The wages payable.
Other terms and conditions of employment.

The licensing authority had the power to grant, refuse, or revoke a license based on compliance with the Act’s provisions.

Duties of Contractors

The Act imposed several duties on contractors to ensure the welfare of inter-state migrant workmen:

Furnishing particulars: The contractor had to furnish particulars of the workmen recruited to the specified authority in the home State and the receiving State.
Payment of wages: Ensure timely payment of wages, not less than the minimum wages fixed under the Minimum Wages Act, 1948.
Displacement allowance: Pay a displacement allowance to every inter-state migrant workman at the time of recruitment, equivalent to 50% of the daily wages or Rs. 75, whichever was higher, for each day of the period of absence from his normal place of residence (subject to a maximum of 15 days).
Journey allowance: Pay a journey allowance to the workman for the expenses of his journey from the home State to the receiving State and back, including wages during the period of journey.
Suitable residential accommodation: Provide and maintain suitable residential accommodation for the workmen during their employment in the receiving State.
Medical facilities: Provide necessary medical facilities free of charge to the workmen.
Protective clothing: Provide protective clothing to the workmen if the nature of work required it.
Reporting accidents: Report any fatal accident or serious bodily injury to the specified authorities in both the home and receiving States.

Duties of Principal Employers

The principal employer also had significant responsibilities under the Act:

Responsibility for wages and amenities: If the contractor failed to pay wages or provide any amenities, the principal employer was liable to make such payments or provide such amenities. The principal employer could then recover these amounts from the contractor.
Maintenance of registers: Maintain registers and records containing particulars of inter-state migrant workmen employed, nature of work, wages paid, etc.
Production of records: Produce the registers and records for inspection by the inspecting staff.
Compliance with provisions: Ensure that the contractor complied with all the provisions of the Act and rules made thereunder.

Wages, Allowances, and Other Facilities

The Act mandated specific provisions regarding wages and allowances:

Minimum Wages: Inter-state migrant workmen were entitled to wages not less than the minimum wages fixed under the Minimum Wages Act, 1948, for similar work in the receiving State.
Displacement Allowance: As mentioned, a displacement allowance was payable at the time of recruitment.
Journey Allowance: Expenses for the journey to and from the receiving State, including wages for the journey period, were to be borne by the contractor.
Other Allowances: The appropriate Government could make rules for the payment of other allowances.

Housing, Medical, and Other Welfare Amenities

The Act laid down provisions for essential welfare amenities:

Housing: Contractors were required to provide suitable residential accommodation.
Medical Facilities: Free medical facilities were to be provided by the contractor.
Protective Clothing: Provision of protective clothing where necessary.
Other Amenities: The appropriate Government could make rules for the provision of other amenities like drinking water, latrines, urinals, washing facilities, first-aid, etc.

Return Journey Expenses

A crucial protection was the right of the inter-state migrant workman to return journey expenses. The contractor was responsible for paying the expenses of the return journey of the workman to his home State on the termination of his employment or on his being required to vacate the accommodation provided to him, whichever was earlier. If the contractor failed to do so, the principal employer was liable.

Inspectors and Authorities

The Act provided for the appointment of:

Registering Officers: For registration of establishments.
Licensing Officers: For issuing and revoking licenses to contractors.
Inspectors: To ensure compliance with the Act, inspect establishments, and investigate complaints.

These officers had powers to enter, inspect, and demand production of records.

Offences and Penalties

The Act prescribed penalties for contraventions of its provisions:

Non-registration/Non-licensing: Imprisonment up to one year, or fine up to Rs. 1,000, or both.
Contravention of other provisions: Imprisonment up to six months, or fine up to Rs. 500, or both.
Obstruction of inspector: Imprisonment up to three months, or fine up to Rs. 500, or both.
Continuing contravention: Additional fine for each day the contravention continued.

Role of Appropriate Government

The “appropriate Government” (Central or State) played a pivotal role in the implementation and enforcement of the Act. They were empowered to:

Appoint registering, licensing, and inspecting officers.
Make rules for carrying out the purposes of the Act, including prescribing forms, fees, and procedures.
Grant exemptions in certain cases.

As mentioned earlier, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, along with several other labour laws, has been repealed and its provisions integrated into the Code on Social Security, 2020.

The Code on Social Security, 2020, aims to consolidate and amend the laws relating to social security with the object to extend social security benefits to all employees and workers. It includes specific provisions for “inter-state migrant workers,” largely retaining the spirit and many of the protections of the 1979 Act, while also expanding certain benefits and streamlining compliance. The new Code emphasizes:

Registration: Mandatory registration of inter-state migrant workers.
Portability of Benefits: Provisions for portability of social security benefits.
Journey Allowance: Continuation of journey allowance.
Toll-free Helpline: Provision for a toll-free helpline for grievances.
Database: Creation of a national database for unorganised workers, including migrant workers.

The transition from the 1979 Act to the Code on Social Security, 2020, reflects a broader move towards codifying and simplifying India’s complex labour laws, while aiming to provide more comprehensive social security coverage.

Frequently Asked Questions (FAQs)

Q1: What was the primary purpose of The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979? A1: The primary purpose was to regulate the employment and improve the working conditions of workmen who migrate from one state to another for work, preventing their exploitation and ensuring they received fair wages and basic amenities.

Q2: Who was considered an “inter-state migrant workman” under the Act? A2: An “inter-state migrant workman” was defined as a person recruited by or through a contractor in one State (home State) for employment in an establishment in another State (receiving State).

Q3: What were the key responsibilities of a contractor under the Act? A3: Contractors were responsible for obtaining licenses, furnishing particulars of workmen, paying minimum wages, providing displacement and journey allowances, arranging suitable accommodation, offering medical facilities, and supplying protective clothing.

Q4: What role did the principal employer play in ensuring compliance with the Act? A4: The principal employer was ultimately responsible for ensuring that the contractor complied with the Act. If the contractor failed to pay wages or provide amenities, the principal employer was liable to do so and could recover the amount from the contractor. They also had to maintain records of migrant workmen.

Q5: Was there any provision for the return journey expenses of migrant workmen? A5: Yes, the Act mandated that the contractor (or the principal employer, in case of contractor’s default) was responsible for paying the expenses of the return journey of the workman to his home State upon termination of employment.

Q6: Is The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, still in force? A6: No, the Act has been repealed and subsumed by the Code on Social Security, 2020. However, its core principles and protections for inter-state migrant workmen have been carried forward into the new Code.

Q7: How does the Code on Social Security, 2020, address inter-state migrant workers? A7: The Code on Social Security, 2020, integrates and expands upon the provisions of the 1979 Act. It mandates registration of migrant workers, provides for portability of social security benefits, continues journey allowances, and aims to create a national database for these workers.

Disclaimer

This document provides a general overview and explanation of The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, and its subsequent integration into the Code on Social Security, 2020. It is intended for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, laws are subject to change and interpretation. For specific legal advice or detailed information regarding current labour laws concerning migrant workers in India, it is strongly recommended to consult with a qualified legal professional or refer to the official gazette notifications and relevant statutes. The information presented here should not be used as a substitute for professional legal counsel.