Inter-State Migrant Workmen Act 1979 & OSH&WC Code 2020

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Labour laws in India provide a legal framework to protect workers and regulate employment conditions. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was introduced to protect workers recruited in one state for employment in another state, particularly from exploitation and poor working conditions. The Act regulated the employment of inter-state migrant workers and provided for important benefits such as wages, journey allowance, displacement allowance and welfare facilities.

However, there is an important current update for UPSC EPFO aspirants the Inter-State Migrant Workmen Act, 1979 has been subsumed into the Occupational Safety, Health and Working Conditions (OSH&WC) Code, 2020. The four Labour Codes, including the OSH&WC Code, came into force from 21 November 2025.

What was the Inter-State Migrant Workmen Act, 1979?

The Inter-State Migrant Workmen Act, 1979 was enacted to regulate the employment of workers recruited from one state for employment in another state. It focused on workers who were particularly vulnerable because they had moved away from their home state for employment.

The Act created requirements relating to the registration of establishments, licensing of contractors, payment of wages and welfare facilities. It also provided specific benefits such as displacement allowance and journey allowance.

Download UPSC EPFO APFC Inter-State Migrant Workmen Act 1979 Quiz PDF

The UPSC EPFO APFC Inter-State Migrant Workmen Act 1979 Quiz PDF is useful for revising key provisions related to inter-state migrant workers, recruitment, contractor licensing, wages, journey allowance, displacement allowance, and welfare facilities. It also helps aspirants revise the current status of the Act under the OSH&WC Code, 2020.

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Attempt UPSC EPFO APFC Inter-State Migrant Workmen Act 1979 Quiz

Test your preparation with the UPSC EPFO APFC Inter-State Migrant Workmen Act 1979 Quiz and revise important concepts related to the original Act and its key provisions.

UPSC EPFO APFC Inter-State Migrant Workmen Act 1979 Quiz Score: 0.00

1. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted as which Act number?

2. On which date did the Inter-State Migrant Workmen Act, 1979 come into force?

3. Under the historical 1979 Act, the basic numerical threshold for applicability to an establishment was:

4. The 1979 Act also applied to a contractor who employed how many inter-State migrant workmen at the relevant threshold?

5. Which description best captures an “inter-State migrant workman” under the historical 1979 Act?

6. Under the historical definition in the 1979 Act, recruitment in one State for work in another State could qualify even when:

7. For an establishment of a banking or insurance company, the “appropriate Government” under the historical 1979 Act was:

8. For an ordinary establishment not falling in a Central Government category under the 1979 Act, the appropriate Government was generally:

9. Which person was expressly included within the historical definition of “contractor” under the 1979 Act?

10. Under the historical 1979 Act, “wages” took its meaning from which law?

11. Who was required to apply for registration of an establishment covered by the historical 1979 Act?

12. After receiving a complete registration application under the 1979 Act, the registering officer ordinarily had what period to register the establishment and issue the certificate?

13. If the registering officer neither granted nor returned a registration application within one month, then after a further application by the principal employer the officer had to act within:

14. A registration obtained by misrepresentation or suppression of a material fact under the 1979 Act could be revoked by the registering officer only after, among other things:

15. Under section 6 of the historical Act, a principal employer generally could not employ inter-State migrant workmen unless:

16. Who appointed licensing officers under the historical 1979 Act?

17. Under the historical 1979 Act, a contractor covered by the Act could recruit persons in one State for employment in another State only:

18. Which matter could legitimately form a condition of a contractor licence under section 8 of the 1979 Act?

19. When security was required as a condition connected with a licence under the 1979 Act, the norms could take into account:

20. An application for grant of a contractor licence under section 9 of the historical Act had to include, among other particulars:

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Why was the Inter-State Migrant Workmen Act introduced?

The Act was designed to provide legal protection to migrant workers who could face exploitation during recruitment and employment. Its major objectives included:

  • Regulating the recruitment and employment of inter-state migrant workers.
  • Ensuring payment of wages and other employment benefits.
  • Regulating contractors who recruited or supplied migrant workers.
  • Providing journey and displacement allowances.
  • Providing welfare facilities such as accommodation, medical facilities and protective clothing.
  • Creating a system of registration, licensing, inspection and enforcement.

What were the major provisions of the 1979 Act?

The Inter-State Migrant Workmen Act, 1979 laid down specific provisions to regulate the recruitment and employment of inter-state migrant workers and protect them from exploitation. It focused on fair wages, welfare facilities, allowances, record-keeping, and accountability of employers and contractors.

ProvisionKey point
RegistrationCertain establishments employing inter-state migrant workers were required to be registered.
Contractor licensingContractors recruiting or supplying migrant workers were required to obtain licences.
WagesThe Act provided for regulation of wage rates and conditions of service.
Displacement allowanceMigrant workers were entitled to displacement allowance under the prescribed conditions.
Journey allowanceWorkers were entitled to journey allowance for travel connected with employment.
Welfare facilitiesProvisions covered accommodation, medical facilities, drinking water and other welfare requirements.
RecordsContractors and establishments were required to maintain prescribed records.
InspectionInspectors were empowered to check compliance with the Act.
PenaltiesThe Act prescribed penalties for violations and non-compliance.

These provisions formed the basic legal framework for protecting inter-state migrant workers before the labour-code framework was implemented.

What changed under the OSH&WC Code, 2020?

The major revision is not simply an amendment to the 1979 Act. The 1979 Act has been subsumed into the OSH&WC Code, 2020. The Code was notified in 2020 and became effective on 21 November 2025. The migrant-worker provisions are mainly covered under Sections 59 to 65 of the OSH&WC Code, 2020.

Earlier framework: 1979 ActRevised framework: OSH&WC Code, 2020
Focused on inter-state migrant workmen recruited through contractorsDefinition and coverage of migrant workers have been expanded
Registration and licensing framework under the separate ActMigrant-worker provisions are integrated into the unified OSH&WC framework
Journey allowance was provided under the ActAnnual journey allowance is provided under the Code
Welfare provisions under the separate migrant-worker lawMigrant workers receive protection within the broader occupational safety and welfare framework
Limited framework for migrant-worker portabilityPortability of benefits and access to PDS through One Nation One Ration Card are recognised
Contractor-based recruitment was central to the frameworkThe revised framework also recognises self-migrated workers
Separate Act for migrant workersProvisions are now part of the consolidated Labour Code framework

The Ministry of Labour and Employment states that the definition of an inter-state migrant worker has been expanded to include self-migrated workers, in addition to workers employed through contractors.

What benefits are available to inter-state migrant workers under the revised framework?

The OSH&WC Code provides several important protections and benefits for inter-state migrant workers.

  • Annual journey allowance: Eligible migrant workers are entitled to journey allowance once a year.
  • Portability of PDS benefits: Migrant workers can access PDS benefits in their native or destination state under the One Nation One Ration Card initiative.
  • Employment benefits: Migrant workers are eligible for applicable benefits available to regular workers of the establishment, including relevant EPFO and ESIC benefits.
  • Accident reporting: In case of a fatal accident or serious bodily injury, the employer or contractor has to report the incident to the specified authorities in both states and to the worker’s next of kin.
  • Helpline: Provision has been made for a toll-free helpline.
  • Study of migrant workers: The Code provides for a mechanism to study inter-state migrant workers.
  • Protection from past debt claims: Certain proceedings for recovery of past liabilities against a migrant worker are restricted after completion of employment.

What is the current status of the Inter-State Migrant Workmen Act, 1979?

The Inter-State Migrant Workmen Act, 1979 is no longer the standalone current framework. It has been subsumed into the Occupational Safety, Health and Working Conditions Code, 2020. The Ministry of Labour and Employment specifically states that the OSH&WC Code covers establishments employing 10 or more inter-state migrant workers, or establishments where 10 or more such workers were employed on any day during the preceding 12 months.

Therefore, for current exam preparation, aspirants should study the 1979 Act as the historical legislation and the OSH&WC Code, 2020 as the current legal framework.

FAQs

1. What is the Inter-State Migrant Workmen Act, 1979?

The Act regulated the employment of inter-state migrant workers and provided safeguards against exploitation.

2. Why was the Inter-State Migrant Workmen Act, 1979 enacted?

It was enacted to regulate recruitment and employment and ensure better wages and working conditions for migrant workers.

3. What were the major provisions of the 1979 Act?

The Act covered contractor licensing, registration, wages, journey allowance, displacement allowance, and welfare facilities.

4. Who was an inter-state migrant workman under the 1979 Act?

It generally covered a worker recruited in one state for employment in another state through a contractor.

5. What was the purpose of the displacement allowance?

The displacement allowance was intended to compensate an inter-state migrant worker for expenses associated with moving from the home state for employment.