CHAPTER V
WAGES, WELFARE AND OTHER FACILITIES TO BE PROVIDED TO INTER-STATE
13. Wage rates and other conditions of service of inter-State migrant workmen.—(1) The wage rates, holidays, hours of work and other conditions of service of an inter-State migrant workman shall,—
(a) in a case where such workman performs in any establishment, the same or similar kind of work as is being performed by any other workman in that establishment, be the same as those applicable to such other workman; and
(b) in any other case, be such as may be prescribed by the appropriate Government:
Provided that an inter-State migrant workman shall in no case be paid less than the wages fixed under the Minimum Wages Act, 1948 (11 of 1948).
(2) Notwithstanding anything contained in any other law for the time being in force, wages payable to an inter-State migrant workman under this section shall be paid in cash.
14. Displacement allowance.—(1) There shall be paid by the contractor to every inter-State migrant workman at the time of recruitment, a displacement allowance equal to fifty per cent. of the monthly wages payable to him or seventy-five rupees, whichever is higher.
(2) The amount paid to a workman as displacement allowance under sub-section (1) shall not be refundable and shall be in addition to the wages or other amounts payable to him.
15. Journey allowance, etc.—A journey allowance of a 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 shall be payable by the contractor to the workman both for the outward and return journeys and such workman shall be entitled to payment of wages during the period of such journeys as if he were on duty.
16. Other facilities.—It shall be the duty of every contractor employing inter-State migrant workmen in connection with the work of an establishment to which this Act applies,—
(a) to ensure regular payment of wages to such workmen;
(b) to ensure equal pay for equal work irrespective of sex;
(c) to ensure suitable conditions of work to such workmen having regard to the fact that they are required to work in a State different from their own State;
(d) to provide and maintain suitable residential accommodation to such workmen during the period of their employment;
(e) to provide the prescribed medical facilities to the workmen, free of charge;
(f) to provide such protective clothing to the workmen as may be prescribed; and
(g) in case of fatal accident or serious bodily injury to any such workman, to report to the
specified authorities of both the States and also the next of kin of the workman.
17. Responsibility for payment of wages.
(1) A contractor shall be responsible for payment of
wages to each inter-State migrant workman employed by him and such wages shall be paid before the expiry of such period as may be prescribed.
(2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed.
(3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer.
(4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of the wages in full or the unpaid balance due, as the case may be, 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.
18. Liability of principal employer in certain cases.
(1) If any allowance required to be paid under section 14 or section 15 to an inter-State migrant workman employed in an establishment to which this Act applies is not paid by the contractor or if any facility specified in section 16 is not provided for the benefit of such workman, such allowance shall be paid, or, as the case may be, the facility shall be provided, by the principal employer within such time as may be prescribed.
(2) All the allowances paid by the principal employer or all the expenses incurred by him in providing the facility referred to in sub-section (1) 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 payable by the contractor.
19. Past liabilities
It shall be the duty of every contractor and every principal employer to ensure that any loan given by such contractor or principal employer to any inter-State migrant workman does not remain outstanding after the completion of the period of employment of such workman under the said contractor or, as the case may be, in the establishment of such principal employer and accordingly every obligation of an inter-State migrant workman to re-pay any debt obtained by him during the period of his employment from the contractor or the principal employer and remaining unsatisfied before the completion of such period shall, on such completion, be deemed to have been extinguished and no suit or other proceeding shall lie in any court or before any authority for the recovery of such debt or any part thereof.
