GOVERNMENT  OF  MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT NO. XXX OF 1969

THE MAHARASHTRA MATHADI, HAMAL  AND
OTHER MANUAL WORKERS
(REGULATION OF EMPLOYMENT AND WELFARE)
ACT, 1969

(As modified upto the 16th November 2012)

Æ

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  CENTRAL  PRESS,  MUMBAI  AND
PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND  STATIONERY,
MAHARASHTRA  STATE,  MUMBAI  400 004

2012

1969 : Mah.  XXX ]

THE  MAHARASHTRA  MATHADI,  HAMAL  AND  OTHER  MANUAL  WORKERS
(REGULATION  OF  EMPLOYMENT  AND  WELFARE)  ACT, 1969

CONTENTS
———————

Short title, extent, application and commencement.

PREAMBLE.
SECTIONS.
1.
2. Definitions.
3.
4. Making, variation and revocation of scheme.
5. Disputes regarding application of scheme.
6. Constitution of Board.

Schemes for ensuring regular employment of unprotected workers.

Power of State Government to appoint Board consisting of one person.
Powers and duties of Board.

6A.
7.
8. Accounts and audit.
9. Disqualification and removal.
10. Resignation of office by Member.
11. Vacancy to be filled as early as possible.
12.
13. Determination of moneys due from employers and workers.
14. Advisory Committee.
15.
16.
17. Offence to be tried by Labour Court.

Inspectors and their powers.
Prohibition of employment of children.

Proceeding presumed to be good and valid.

17A. Labour Court under Bombay Industrial Relations Act to be Labour Court

under this Act also.

17B. Cognizance of offience on complaint.
17C. Appeal from Labour Court to Industrial Court.
17D.

Industrial  Court  under  Bombay  Industrial  Relations Act  to  be  Industrial
Court under this Act also.

17E. Decision of Labour Court and Industrial Court not to be questioned in any

Civil or Criminal Court.

17F. Cases to be disposed of by Labour Court and Industrial Court within three

months.

17G. Other relevant provisions of Bombay Industrial Relations Act to apply and to

be followed.

18. Application of Workmen’s Compensation Act to unprotected workers.
19. Application of the Payment of Wages Act, 1936, to workers.
20. Application of Maternity Benefit Act to unprotected women workers.
21. Right and privileges under other laws not affected, in certain cases.
22. Exemptions.
23. Enquiry into working of the Board.
24.
Supersession of the Board.
25. Contracting out.
26. Amendment of Schedule.
27. General penalty for offences.

27A.

Protection of action taken under this Act.

28. Rules.

SCHEDULE.

THE  MAHARASHTRA  ACT No. XXX OF  19691
[THE MAHARASHTRA MATHADI, HAMAL AND OTHER MANUAL WORKERS
(REGULATION OF EMPLOYMENT AND WELFARE) ACT, 1969]
[This Act received the assent of the Vice-President acting as the President, on the
5th June 1969; assent was first published in Maharashtra Government Gazette,
Extraordinary, Part IV, on the 13th June 1969].

Amended by Mah. 27 of 1972.

”
”
”
”
”

”
”
”
”
”

” 40 of 1974* (10-9-1974).†
” 27 of 1977* (1-6-1977).†
” 62 of 1981 (15-1-1982).†
” 28 of 1987** (5-8-1987).†
” 27 of 1990

An Act  for  regulating  the  employment  of  unprotected  manual  workers
employed in certain employments in the State of Maharashtra, to make provision
for their adequate supply and   proper and full utilization in such employments, and
for maters connected therewith.

WHEREAS, it is expedient to regulate the employment of unprotected manual
workers, such as, Mathadi, Hamal etc., engaged in certain employments, to make
better provision for their terms and conditions of employment, to provide for their

1For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,  1968,  Part  V,

pages  503-506.

*For  validation,  see  sections  8  and  9  of  Mah.  40  of  1974.
†This  indicates  the  date  of  commencement  of Act.
**Sections  4  and  5  of  Mah.  28  of  1987  read  as  follows  :—
“4.

(1) It  is  hereby  declared  that  the  provisions  of  the  principal  Act  having  been
retrospectively  brough  into  force  in  the  areas  specified  in  column  2  of  the  Table  appended  to
sub-section  (4A)  of  section  1  on  the  dates  and  in  respect  of  the  scheduled  employments  specified
in  columns  3  and  4  of  the  said  Table,  respectively,  and  the  Boards  established  for  the  Greater
Bombay  area  are  deemed  to  have  been  the  Boards  established  also  for  the  areas,  on  the  dates  and
in  respect  of  the  scheduled  employment  specified  in  the  said  Table,  the  schemes  made  under
section 3 or 4 of the principal Act and administered by the said Boards in respect of the scheduled
employments  in  the  said  areas  shall,  notwithstanding  anything  contained  in  this Act  or  in  any
judgment,  decree  or  order  of  any  court,  be  deemed  to  be  valid,  effective  and  continuously  in
force,  as  if  the  provisions  of  the  principal Act  had  come  into  force  and  the  said  Boards  had  been
established  and  the  schemes  were  validly  made  for  the  areas,  for  the  scheduled  employments  and
on  the  dates  specified  in  the  said  Table.

(2) Notwithstanding  anything  contained  in  any  judgement,  decree  or  order  of  any  court,
anything  done  or  purported  to  be  done  or  any  action  taken  or  purported  to  be  taken  by  the  said
Boards  with  respect  to  so  administering  the  schemes  or  with  respect  to  any  other  matters  under
the  principal Act  during  the  period  commencing  on  each  respective  date  specified  in  column  3
of  the  Table  appended  to  sub-section  (4A)  of  section  1  and  ending  on  the  date  of  commencement
of  the  Maharashtra  Mathadi,  Hamal  and  other  Manual  Workers  (Regulation  of  Employment
and  Welfare)  (Amendment) Act,  1987  (hereinafter  referred  to  as  “the Amendment Act”),  in  the
belief  or  purported  belief  that  anything  done  or  any  action  taken  were  being  done  or  taken  under
the  principal Act  and  the  schemes  made  thereunder,  shall  be  and  shall  be  deemed  to  have  been  as
valid and operative as if they had been done or taken in accordance with law, and no suit or other
legal  proceeding  shall  be  instituted,  maintained  or  continued  against  the  State  Government  or
the  Board  or  any  of  their  officers  on  the  ground  that  anything  so  done  or  any  action  so  taken
were  not  done  or  taken  in  accordance  with  law.

5. Nothing  in  this Act,  shall  render  any  person  liable  to  be  convicted  of  any  offence  in
respect  of  anything  done,  or  anything  omitted  to  be  done,  by  him  before  the  date  of  commence-
ment  of  the Amendment Act,  if  such  act  or  omission  was  not  an  offence  but  for  the  coming  into
force  of  the  principal Act  retrospectively  in  the  areas,  on  the  dates  and  for  the  scheduled
employment  specified  in  the  Table  appended  to  sub-section  (4A)  of  section  1  of  the  principal
Act,  and  the  making  of  other  provisions  by  the Amendment Act.”.

Mah.
XXVIII
of
1987.

Consequences
of  retrospec-
tive
amendement
and
validation.

Savings.

2

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah.XXX

Short  title,
extent,
application
and
commence-
ment.

welfare, and for health and safety measures where such employments require these
measures; to make provision for ensuring and adequate supply to, and full and
proper  utilization  of,  such  workers  in  such  employments  to  prevent  avoidable
unemployment; for these and similar purposes, to provide for the establishment of
Boards in respect of these employments and (where necessary) in the different
areas  of  the  State;  and  to  provide  for    purposes  connected  with  the  matters
aforesaid;  It is hereby enacted in the Twentieth Year of the Republic of India as
follows :—

1.

(1) This Act may be called the Maharashtra Mathadi, Hamal and other

Manual Workers (Regulation of Employment and Welfare) Act, 1969.

(2) It extends to the whole of the State of Maharashtra.

(3) It applies to the employments specified in the Schedule hereto.

(4) It  shall  come  into  force  on  such  date  as  the  State  Government  may,  by
notification in the Official Gazette, appoint and different dates may be appointed
for different areas, and for different employments, and for different provisions of
the Act.

1[(4 A) Notwithstanding anything contained in sub-section (4), and in Govern-
ment Notification, Industries and Labour Department, No. UMA.1272/Lab-IV, dated
the 28th March 1972, this Act shall be deemed to have come into force in the areas
specified in coloumn 2 of the Table below on the dates and in respect of the employ-
ments  specified  in  columns  3  and  4  against  each  such  areas  in  the  said  Table,
respectively.

Serial

No.
(1)

1

Areas

(2)

TABLE

Date

(3)

(a)  Thane  and  Kalyan
Talukas  of  the  Thane
District;  and  Panvel
Taluka  of  the  Kulaba
(now  Raigad)  District.

26th  day  of
December
1979.

1st  day  of
August  1983.

(b)  The  whole  of  the  Thane
and  Raigad  Districts
excluding the Thane and
Kalyan  Talukas  of  the
Thane  District  and
Panvel  Taluka  of  the
Raigad  District.

Name  of  the  employment

(4)

(1)  Employment  in  Grocery  Market  or
Shops,  in  connection  with  loading,
unloading,  stacking,  carrying,  weight-
ing,  measuring  (filling,  stitching,
sorting,    cleaning)    or    such    other
work  including  work  preparatory  or
incidental  to  such  operations.

(2)  Employment  in  markets  and  other  es-
tablishments,  in  connection  with  load-
ing,  unloading,  stacking,  carrying,
weighing,  measuring  (filling,  stitching,
sorting,  cleaning)  of  soda  ash,  coal-
tar,  lime,  colour  chemicals,  chemical
products  including  fertilizers,  gunny
bags,  coir  ropes,  ropes,  mats,  hessian
cloth, hessian yarn, oil cake, husk chuni
and chhal or such other work including
work  preparatory  or  incidental  to  such
operations.

1Sub-section  (4A)  was  inserted  by  Mah.  28  of  1987,  s.2.

1969 : Mah.XXX] Maharashtra Mathadi, Hamal and other Manual Workers

3

(Regulation of Employment and Welfare) Act, 1969

TABLE—contd.

Serial

No.
(1)

Areas

(2)

Date

(3)

Name  of  the  employment

(4)

(3)  Employment  in  onion  and  potato
wholesale  markets  in  connection  with
loading,  unloading,  stackinging,  carry-
ing, weighing, measuring (filling, stitch-
ing,  sorting,  cleaning)  or  such  other
work  including  work  preparatory  or
incidental  to  such  operations.

(4)  Employment  in  factories  and  mills
manufacturing grocery products if such
employment  is  connected  with  load-
ing,  unloading,  stacking,  carrying,
weighing,  measuring  (filling,  stitching,
sorting,  cleaning)  or  such  other  work
including  work  preparatory  or  inciden-
tal  to  such  operations  carried  on  by
workers  covered  by  entry  5  in  the
Schedule  to  this Act.

(5)  Employment  in  factories  and  mills
manufacturing  colour  chemicals,  prod-
ucts  including  fertilizers,  if  such  em-
ployment  is  in  connection  with  load-
ing,  unloading,  stacking,  carrying
weighing,  measuring  (filling,  stitching,
sorting,  cleaning)  or  such  other  work
including  work  prearatory  or  inciden-
tal  to  such  operations  carried  on  by
workers  covered  by  entry  5  in  the
Schedule  to  this Act.

Employment  in  cloth  markets  or  shop  in
connection  with  loading,  unloading,
stacking,  carrying,  weighing,  measur-
ing  or  such  other  work  including  work
preparatory  or  incidental  to  such  op-
erations.

Employment  in  the  cotton  markets  and
godowns and in the cotton ginning and
pressing  factories,  cotton  waste  facto-
ries  and  godowns  thereof  in  connec-
tion with the loading, unloading, stack-
ing, carrying, weighing, measuring, fill-
ing,  stitching,  sorting,  cleaning  or  such
other  work  including  work  preparatory
or  incidental  to  such  operations  (any
such  work  being  work  requiring  han-
dling  of  cotton,  cotton-waste,  wool-
waste,  wool-tops,  yarn-tops,  chindi,
mendi,  nylon  and  rayon-waste,  terry-
cotton,  lintre  or  gunny  bags.)

2 Thane  District

...

15th  day  of
July  1979.

3 Thane  District

...

1st  day  of
April  1981.

4

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah.XXX

TABLE—contd.

Serial

No.
(1)

Areas

(2)

Date

(3)

Name  of  the  employment

(4)

4.

(a)  ThaneTaluka  of  the

Thane  District.

1st  day  of
June  1972.

(b)  All    the    remaining
area  in  Thane  District,
and  Karjat
Panvel 
Talukas  of  the  Raigad
District.

1st  day  of
October  1982.

5. Thane  Taluka  of  the  Thane
District  and  Panvel
Taluka  of  the  Raigad
District.

1st  day  of
January  1983.

6. Thane  District

...

10th  day  of
January  1983.

Employment  in  iron  and  steel  markets  or
shops,  yards  including  railway  yards,
goods-sheds,  factories  and  other  estab-
lishments  in  connection  with  loading,
unloading,  stacking,  carrying,  weighing,
measuring  iron  and  steel  or  such  other
work  including  work  preparatory  or
incidental  to  such  operations.

 Employment  in  metal  (excluding  iron  and
steel)  including  employment  in  steel
furniture  markets  or  shops  and  paper
markets  or  shops  and  other  establish-
ments  in  the  trades  in  connection  with
loading,  unloading,  stacking,  carrying,
weighing, measuring or such other work
including  work  preparatory  or  inciden-
tal  to  such  operations.

  Employment  in  railway  yards  and  good-
sheds  in  connection  with  loading,
unloading,  stacking,  carrying,  weight-
ing  or  measuring  by  the  workers  who
are  not  employed  by  the  railway
authorities,    or    such    other    work
including  work  preparatory  or  inciden-
tal  to  such  operations.]

Definitions.

2.

(1) “Board” means a Board established under section 6;

(2) “contractor”,  in  relation  to  an  unprotected  worker,  means  a  person  who
undertakes to execute any work for an establishment by engaging such workers on
hire  or  otherwise,  or  who  supplies  such  worker  either  in  groups,  gangs
(tollis), or as individuals; and includes a sub-contractor, an agent, a mukadam or a
tolliwala  ;

(3) “employer”, in relation to any unprotected worker engaged by or through
contractor, means the principal employer and in relation to any other unprotected
worker, the person who has ultimate control over the affairs of the establishment,
and  includes  any  other  person  to  whom  the  affairs  of  such  establishment  are
entrusted, whether such person is called an agent, manager or is called by any other
name prevailing in the scheduled employment ;

(4) “establishment” means any place or premises, including the precincts thereof,
in which or in any part of which any scheduled employment is being or is ordinarily
carried on ;

1969 : Mah.XXX] Maharashtra Mathadi, Hamal and other Manual Workers

5

(Regulation of Employment and Welfare) Act, 1969

(5) “family”,  in  relation  to  an  employer,  means  the  spouse,  son,  daughter,
father, mother, brother or sister of such employer who lives with him and is wholly
dependent on him ;

(6) “Inspector” means an Inspector appointed under section 15 ;
(7) “principal employer” means an employer who engages unprotected workers

by or through a contractor in any scheduled employment ;

(8) “prescribed” means prescribed by rules ;
(9) “scheduled  employment”  means  any  employment  specified  in  the
Schedule  hereto  or  any  process  or  branch  of  work  forming  part  of  such
employment ;

(10) “scheme” means a scheme made under this Act ;
(11) “unprotected worker” means a manual worker who is engaged or to be

engaged in any scheduled employment ;

(12) “worker” means a person who is engaged or to be engaged directly or
through any agency, whether for wages or not, to do manual work in any scheduled
employment, and includes any person not employed by an employer or a contrac-
tor, but working with the permission of, or under agreement with the employer or
contractor ; but does not include the members of an employer’s family ;

(13) “wages” means all remunerations expressed in terms of money or capable
of being so expressed which would, if the terms of contract of employment, express
or implied, were fulfilled, be payable to an unprotected worker in respect of work
done in any scheduled employment, but does not include—

(i) the value of any house accommodation, supply of light, water, medical
attendance ; or any other amenity or any service excluded from the computation
of wages by general or special order of the State Government ;

(ii) any contribution paid by the employer to any pension fund or provident
fund or under any scheme of social insurance and the interest which may have
accrued thereon ;

(iii) any travelling allowance or the value of any travelling concession ;
(iv) any sum paid to the worker to defray special expenses entailed on him by

the nature of his employment ; or

(v) any gratuity payable on discharge.

3.

(1) For the purpose of ensuring an adequate supply and full and proper
utilization of unprotected workers in scheduled employments, and generally for
making better provision for the terms and conditions of employment of such work-
ers 1*
, the State Government may by means of a scheme
provide for the registration of employers and unprotected workers in any sched-
uled employment or employments, and provide for the terms and conditions of
work of 2[registered unprotected workers,] and make provision for the general wel-
fare in such employments.

*

*

Schemes  for
ensuring
regular
employment
of  unpro-
tected
workers.

1 The words “whether registered or not” were deemed always to have been deleted by Mah. 40

of  1974,  s.  2  (1)  (a).

2 These words were deemed always to have been substituted for the words “such unprotected

workers,  whether  registered  or  not”,  ibid.,  s.  2  (1)  (b).

6

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah.XXX

(2) In particular, 1[a scheme may provide for all or any of the following matters

that is to say—]

(a) for the application of the scheme of such classes of 2[registered unpro-

tected workers and employers,] as may be specified therein ;

(b) for defining the obligations of 3[registered unprotected workers and em-

ployers] subject to the fulfilment of which the scheme may apply to them ;

(c) for regulating the recruitment and entry into the scheme of unprotected
workers, and the registration of unprotected workers and employers, including
the maintenance of registers, removal, either temporarily or permanently, of name
from the registers, 4*

* and the imposition of fees for registration ;

*

(d) for regulating the employment of 5[registered unprotected workers,] and
the terms and conditions of such employment, including rates of wages, hours
of work, maternity benefit, overtime payment, leave with wages, provision for
gratuity  and  conditions  as  to  weekly  and  other  holidays  and  pay  in  respect
thereof ;

6[(d-i) for providing the time within which registered employers should remit
to the Board the amount of wages payable to the registered workers for the work
done by such workers; for requiring such employers who, in the opinion of the
Board, make default in remitting the amount of wages in time as aforesaid, to
deposit with the Board, an amount equal to the monthly average of the wages to
be remitted as aforesaid; if at any time the amount of such deposit falls short of
such  average,  for  requiring  the  employer  to  make  good  the  amount  of  such
average, and for requiring such employers who persistently make default in
making such remittances in time to pay also, by way of penalty, a surcharge of
such amount not exceeding 10 per cent. of the amount to be remitted as the
Board may determine;]

(e) for securing that, in respect of periods during which employment or full
employment is not available to registered unprotected workers though they are
available for work, such unprotected workers will, subject to the conditions of
the scheme, receive a minimum wage;

(f) for prohibiting, restricting or otherwise controlling the employment of
unprotected workers to whom the scheme does not apply, and the employment
of unprotected workers by employers to whom the scheme does not apply ;

1 These  words  were  deemed  always  to  have  been  substituted  for  the  words  “a  scheme  may

provide”,  by  Mah.  40  of  1974,  s.  2  (2)  (a).

2 These  words  were  deemed  always  to  have  been  substituted  for  the  words  “unprotected

workers  and  employers”,  ibid.,  s.  2  (2)  (b).

3 These  words  were  deemed  always  to  have  been  substituted  for  the  words  “unprotected

workers  and  employers”,  ibid.,  s.  2  (2)  (b).

4 The words “and provision for appeal against such removal to the prescribed authority” were

deleted  by  Mah.  27  of  1977,  s.  2  (a).

5 These  words  were  deemed  always  to  have  been  substituted  for  the  words  “unprotected

workers,  whether  registered  or  not,”  by  Mah.  40  of  1974,  s.  2  (2)  (c).

6 Clause (d-i)  was  inserted  by  Mah.  27  of  1977,  s.  2  (b).

1969 : Mah.XXX] Maharashtra Mathadi, Hamal and other Manual Workers

7

(Regulation of Employment and Welfare) Act, 1969

(g) for the welfare of 1[registered unprotected workers] covered by the scheme
in so far as satisfactory provision therefor, does not exist, apart from the scheme ;
(h) for health and safety measures in places where the 1[registered unpro-
tected  workers]  are  engaged,  in  so  far  as  satisfactory  provision  therefor,  is
required but does not exist, apart from the scheme ;

XIX
of
1952.

(i) for the constitution of any fund or funds including provident fund for the
benefit  of  2[registered  unprotected  workers],  the  vesting  of  such  funds,  the
payment and contributions to be made to such funds 3[(provision for provident
fund and rates of contribution being made after taking into consideration the
provisions of the Employees’ Provident Funds Act, 1952, and the scheme framed
thereunder with suitable modifications, where necessary, to suit the conditions
of work of such registered unprotected workers)], and all matters relating thereto ;
(j) for the manner in which, 4[the day from which (either prospective or retro-
spective)] and the persons by whom, the cost of operating the scheme is to be
defrayed 

*
(k) for constituting the persons or authorities who are to be responsible for
the administration of the scheme, and for the administration of funds consti-
tuted for the purposes aforesaid ;

5*

*

*

*

6[(k-i) for specifying the powers and duties which the persons or authorities
referred to in clause (k) may exercise or perform, for providing appeals and
revision  applications  against  the  decisions  or  orders  of  such  persons  and
authorities;  and  for  deciding  such  appeals  and  applications  and  for  matters
incidental thereto ;]

(l) for such incidental and supplementary matters, as may be necessary or

expedient for giving effect to the purposes of a scheme ;

7*

*

*

*

*

*

*

(3) The  scheme  may  further  provide  that  a  contravention  of  any  provision
thereof shall be punished with imprisonment for such term as may be specified (but
in no case exceeding three months in respect of a first contravention or six months
in respect of any subsequent contravention) or with fine which may extend to such
amount  as  may  be  specified  (but  in  no  case  exceeding  five  hundred  rupees  in
respect of the first contravention, or one thousand rupees in respect of any subse-
quent contravention) or with both imprisonment and fine 8[and if the contravention
is continued after conviction, with a further fine which may extend to one hundred
rupees for each day on which the contravention is so continued.]

1 These  words  were  substituted  and  deemed  always  to  have  been  substituted  for  the  words

“unprotected  workers”  by  Mah.  40  of  1974,  s.  2  (2)  (d).

2 These  words  were  substituted  and  deemed  always  to  have  been  substituted  for  the  words

“unprotected  workers”,  ibid.,  s.  2  (2)  (e)  (i).

3 This portion was deemed always to have been inserted, ibid.,  s.  2  (2)  (e)  (ii).
4 These words and brackets were inserted by Mah. 27 of 1977, s. 2 (c).
5 These words “including any contributions to be paid by employers and unprotected workers,
and the rate of such contribution” were deemed always to have been deleted by Mah. 40 of 1974,
s.  2  (2)  (f).

6 Clause (k-i)  was  inserted  by  Mah.  27  of  1977,  s.  2  (d).
7 Clause (m)  was  deemed  always  to  have  been  deleted,  by  Mah.  40  of  1974,  s.  2  (2)  (g).
8 This portion was added, ibid.,  s.  2  (3).

8

Making,
variation  and
revocation  of
scheme.

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah.XXX

4.

(1) The  State  Government  may,  after  consultation  with  the  Advisory
Committee, by notification in the Official Gazette and subject to the condition of
previous publication, make one or more schemes for any scheduled employment or
group of scheduled employments, in one or more areas specified in the notifica-
tion ; and in like manner add to, amend, vary or substitute another scheme for, any
scheme made by it :

Provided that, no such notification shall come into force, unless a period of one

month has expired from the date of publication in the Official Gazette :

Provided further that, the State Government may—

(a) if it considers necessary, or

(b) if a demand or request is made by a majority of the employers or workers
in any other scheduled employment, that the provisions of any scheme so made
for any scheduled employment or any part thereof should be applied to such
other scheduled employment, after consulting the employers and workers in
such scheduled employment, by notification in the Official Gazette, apply the
provisions of such scheme or part thereof to such scheduled employment, with
such modifications, if any, as may be specified in the notification.

(2) The provisions of section 24 of the Bombay General Clauses Act, 1904, shall
apply to the exercise of the power given by sub-section (1) as they apply to the
exercise of a power given by a Maharashtra Act to make rules subject to the condi-
tion of previous publication.

Bom.
III  of
1904.

Disputes
regarding
application
of  scheme.

5.

If any question arises whether any scheme applies to any class of unpro-
tected workers or employers, the matter shall be referred to the State Government
and the decision of the State Government on the question, which shall be taken
after consulting the Advisory Committee constituted under section 14, shall be
final.

Constitution
of  Board.

6.

(1) The  State  Government  may,  by  notification  in  the  Official  Gazette,
establish a Board to be known by such name as may be specified in the notification
for  any  scheduled  employment  in  any  area. One  or  more  Boards  may  be
appointed for one or more scheduled employment, and for one or more areas :

1[Provided that, the Boards established for the scheduled employment specified
in column (4) of the Table appended to sub-section (4A) of section 1 in the area of
Greater Bombay shall be the Boards deemed to have been established also for such
scheduled employments in the areas and on the dates specified in columns (2) and
(3) of the said Table, respectively.]

(2) Every such Board shall be a body corporate with the name aforesaid, having
perpetual succession and common seal, with power to acquire, hold and dispose of
property, and to contract, and may by that name, sue or be sued.

(3) The Board shall consist of members nominated 2[from time to time] by the
State Government representing the employers, the unprotected workers, and the
State Government.

1 This proviso was added by Mah. 28 of 1987, s. 3.
2 These words were inserted by Mah. 27 of 1972, s. 3.

1969 : Mah.XXX] Maharashtra Mathadi, Hamal and other Manual Workers

9

(Regulation of Employment and Welfare) Act, 1969

(4) The  members  representing  employers  and  unprotected  workers  shall  be
equal in number, and the members representing the State Government shall not
exceed one-third of the total number of members representing employers and un-
protected workers.

(5) The  Chairman  of  the  Board  shall  be  one  of  the  members  appointed  to
represent the State Government, nominated in this behalf by the State Government.

(6) After nomination of all the members of the Board including the Chairman,
the State Government shall, by nofication in the Official Gazette, publish the names
of all members of the Board.

(7) The  term  of  office  of  members  of  the  Board  shall  be  such  as  may  be

prescribed.

1[(7A) There shall be paid to every member (not being a member representing
the State Government) from the fund of the Board, travelling and daily allowances
for attending meetings of the board at such rates as may be prescribed.]

(8) The meetings of the board and procedure to be followed for the purpose and
all matters supplementary or ancillary thereto shall, subject to the approval of the
State Government, be regulated by the Board itself.

2[6A.

(1) Where  by  reason  of  employers  or  unprotected  workers  in  any
scheduled employment refusing to nominate persons for representing them on the
Board or for any reasons whatsoever, it appears to the State Government that it is
unable to constitute a Board for such scheduled employment in accordance with
the  provisions  of  section  6,  the  State  Government  may,  by  notification  in  the
Official Gazette, appoint a person who shall hold office until a Board is duly consti-
tuted under section 6 for such scheduled employment.

Power  of
State
Government
to  appoint
Board
consisting  of
one  person.

(2) The person so appointed shall be deemed to constitute the Board for the
time being, and shall exercise all the powers and perform and discharge all the
duties and functions conferred and imposed upon the Board by or under this Act.
He shall countinue in office until the day immediately preceding the date of the first
meeting of such Board.

(3) The person constituting the Board shall receive such remuneration from the
fund of the Board, and the terms and other conditions of service shall be such as
the State Government may determine.]

7.

(1) The Board shall be responsible for administering a scheme, and shall
exercise such powers and perform such functions as may be conferred on it by the
scheme.

Power  and
duties  of
Board.

(2) The Board may take such measures as it may deem fit for administering the

scheme.

1 Sub-section (7A)  was  inserted  by  Mah.  27  of  1977,  s.  3.
2 Section 6A was inserted by Mah. 27 of 1972, s. 4.

10

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah.XXX

(3) The Board shall submit to the State Government, as soon as may be, after
the 1st of April every year, and not later than the 31st day of October, an annual
report on the working of the scheme during the preceding year ending on the 31st
day of March of that year. Every report so received shall be laid as soon as may be
after it is received before each House of the State Legislature if it in session, or in
the session immediately following the date of receipt of the report.

(4) In exercise of the powers and discharge of its functions, the Board shall be
bound by such directions as the State Government may, for reasons to be stated in
writing, give to it from time to time.

Accounts  and
audit.

8.

(1) The Board shall maintain proper accounts and other relevent record
and prepare an annual statement of accounts, including a balance-sheet in such
form as may be prescribed.

(2) The  accounts  of  the  Board  shall  be  audited  annually  by  such  qualified

person as the State Government may appoint in this behalf.

(3) The  auditor  shall  at  all  reasonable  times  have  access  to  the  books  of
accounts and other documents of the Board, and may for the purposes of the audit,
call for such explanation and information as he may require, or examine any member
or officer of the Board.

(4) The accounts of the Board certified by the auditor, together with the audited
report thereon shall be forwarded annually to the State Government before such
date as the State Government may specify in this behalf.

(5) The Board shall comply with such directions as the State Government may,

after perusal of the report of the auditor, think fit to issue.

(6) The cost of audit, as determined by the State Government, shall be paid out

of the funds of the Board.

Disqualifica-
tions  and
removal.

9.
who—

(1) No person shall be chosen as, or continue to be, a member of the Board

(a) is a salaried officer of the Board; or

(b) is or at any time has been adjudged insolvent; or

(c) is found to be a lunatic or becomes of unsound mind; or

(d) is or has been convicted of any offence involving moral turpitude.

(2) The State Government may remove from office any member, who—

(a) is or has become subject to any of the disqualifications mentioned in

sub-section (1) ; or

(b) is absent without leave of the Board for more than three consecutive

meetings of the Board.

1[(3) Notwithstanding  anything  contained  is  sub-sections  (5)  and  (7)
of    section    6    or    other    provisions    of    this    Act    or    the    rules    made
thereunder,  the  members  (including  the  Chairman),  whether  nominated
before  or  after  the  commencement  of  the  Maharashtra  Mathadi,  Hamal

1 Sub-section (3)  was  added  by  Mah.  27  of  1990,  s.  2.

1969 : Mah.XXX] Maharashtra Mathadi, Hamal and other Manual Workers

11

(Regulation of Employment and Welfare) Act, 1969

Mah.
XXVII
of
1990.

and other Manual Worker (Regulation of Employment and Welfare) (Amendment)
Act, 1990, shall hold office during the pleasure of the State Government and, if in
the opinion of the State Government,—

(a) the  member  representing  the  employer  or  the  unprotected  workers,
ceases to adequately represent the employers, or as the case may be, the unpro-
tected workers; or

(b) having regard to the exigencies of circumstances or service in the State
Government,  the  member  (including  the  Chairman)  representing  the  State
Government, cannot continue to represent the State Government,

the  State  Government  may,  by  order  remove  all  or  any  of  them  (including  the
Chairman) from office at any time.]

10. Any member of the Board may at any time resign his office by writing
under his hand addressed to the State Government, and his office shall,  on accep-
tance of resignation, become vacant.

Resignation
of  office  by
Member.

Vacancy  to  be
filled  as  early
as  possible.

Proceedings
presumed  to
be good and
valid.

Determina-
tion  of
monies  due
from
employers
and  workers.

11.

In the event of any vancany occuring on account of death, resignation,
disqualification or removal or otherwise, the Board shall forthwith communicate the
occurrence to the State Government, and the vacancy shall be filled not later than
ninety  days  from  the  date  of  the  occurrence  of  the  vacancy,  and  the  person
nominated to fill in the vacancy shall hold office so long only as the member in
whose place he is nominated would have held it if the vancancy had not occurred:

Provided that, during any such vacancy, the continuing members may act as if

no vancancy has occurred.

12. No  act  or  proceeding  of  the  Board  shall  be  questioned  or  invalidated
merely by reason of any vancancy in its membership or by reason of any defect in
the constitution thereof.

1[13.

(1) The Board or such officer as may be specified by it in this behalf may,
by order, determine any sum due from any employer or worker under this Act or any
scheme made thereunder, and for this purpose may conduct such inquiry as the
Board or such officer may think to be necessary.

(2) The Board or such officer, conducting the inquiry under sub-section (1)
shall, for the purposes of such inquiry, have the same powers as are vested in a
Court under the Code of Civil Procedure, 1908, for trying a suit in respect of the
following matters, namely :—

V of
1908.

(a) enforcing the attendance of any person or examining him on oath;

(b) requiring the discovery and production of documents ;

(c) receiving evidence on affidavit ;

(d) issuing commissions for the examination of witnesses;

and  any  such  inquiry  shall  be  deemed  to  be  a  judicial  proceeding    within  the
meaning of sections 193 and 228, and for the purpose of section 196 of the Indian
Penal Code.

XLV
of
1960.

1 Section 13 was substituted for the original by Mah. 27 of 1977, s. 4.

12

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah.XXX

Advisory
Committee.

(3) No order determining the sum due from any employer or worker shall be
made under sub-section (1), unless the employer or worker, as the case may be, is
given a reasonable opportunity of representing his case.

(4) An order made under this section shall be final and shall not be questioned

in any Court.

(5) Any sum determined under this section may, if such sum is in arrears, be

recovered as an arrear of land revenue.]

14.

(1) The  State  Government  may  constitute  an Advisory  Committee  to
advise  upon  such  matters  arising  out  of  the  administration  of  this Act  or  any
scheme made under this Act or relating to the application of the provisions of this
Act to any particular class of unprotected workers and employers, or co-ordination
of the work of various Boards, as the Advisory Committee may itself consider to be
necessary or as the State Government may refer to it for advice.

(2) The members of the Advisory Committee shall be appointed by the State
Government and shall be of such number and chosen in such a manner as may be
prescribed by rules made under this Act :

Provided  that,  the Advisory  Committee  shall  include  an  equal  number  of
members representing employers, workers and the Legislature of the State and
members representing the State Government not exceeding one-fourth of its total
number of members.

(3) The  Chairman  of  the Advisory  Committee  shall  be  one  of  the  members
appointed  to  represent  the  State  Government,  nominated  in  this  behalf  by  the
State Government.

(4) The State Government shall publish in the Official Gazette, the names of all

the members of the Advisory Committee.

(5) The meetings of the Advisory Committee and procedure to be followed for

the purpose shall be regulated according to rules made under this Act.

(6) The term of office of members of the Advisory Committee shall be such as

may be prescribed.

1[(7) The member of the Advisory Committee (not being a member representing
the State Government) shall receive travelling and daily allowances for attending
meetings of the Committee at such rates as may be prescribed.]

Inspectors
and  their
powers.

15.

(1) The Board may appoint such persons as it thinks fit to be Inspectors
possessing  the  prescribed  qualifications  for  the  purposes  of  this Act  or  of  any
scheme and may define the limits of their jurisdiction.

(2) Subject  to  any  rules  made  by  the  State  Government  in  this  behalf,  an

Inspector may—

(a) enter  and  search  at  all  reasonable  hours,  with  such  assistants  as
he thinks fit, any premises or place, where unprotected workers are employed,
or work is given out to unprotected workers in any scheduled employment, for
the purpose of examining any register, record of wages or notices required to be
kept or exhibited under any scheme, and require the production thereof, for
inspection ;

1 Sub-section (7)  was  inserted  by  Mah.  27  of  1977,  s.  5.

1969 : Mah.XXX] Maharashtra Mathadi, Hamal and other Manual Workers

13

(Regulation of Employment and Welfare) Act, 1969

(b) examine any person whom he finds in any such premises or place and
who, he has reasonable cause to believe, is an unprotected worker employed
therein or an unprotected worker to whom work is given out therein ;

(c) require any person giving any work to an unprotected worker or to a
group of unprotected workers to give any information, which is in his power to
give, in respect of the names and addresses of the persons to whom the work is
given, and in respect of payments made, or to be made, for the said work ;

(d) seize or take copies of such registers, records of wages or notices or
portions thereof, as he may consider relevant, in respect of an offence under this
Act  or  scheme,  which  he  has  reason  to  believe  has  been  committed  by  an
employer ; and

(e) exercise such other powers as may be prescribed :

Provided that, no one shall be required under the provisions of this section to

answer any question or make any statement tending to incriminate himself.

(3) Every Inspector appointed under this section shall be deemed to be a public

servant within the meaning of section 21 of the Indian Penal Code.

XLV
of
1860.

16. No  child  shall  be  required  or  allowed  to  work  in  any  scheduled

employment.

Explanation.— ‘Child’ means a person who has not completed fourteen years

Prohibition
of  employ-
ment  of
children.

of age.

1*[17. Every offence punishable by or under this Act (including any offence
made punishable by a scheme made under this Act) shall be tried by the Labour
Court, within the local limits of whose jurisdiction the offence was committed.

Offences  to
be  tried  by
Labour  Court.

Bom.
XI  of
1947.

17A. A  Labour Court constituted under the Bombay Industrial Relations Act,
1946, for any local area, shall also be a Labour Court constituted for that area for the
purposes  of  this Act;  and  accordingly  shall  have  the  same  powers  to  try  any
offence made punishable by or under this Act, as it has to try any offence punish-
able by or under that Act.

1 These sections were substituted for section 17 by Mah. 62 of 1981, s. 2.
* Section 4 of Mah. 62 of 1981, reads as under :—
“4. The  amendments  made  by  this Act  in  the  principal Act  shall  not  have  any  effect  and
shall  not  apply  to  any  complaints,  appeals,  references,  applications  or  other  proceedings  filed
and  pending  before  any  Court  on  the  date  of  commencement  of  this Act,  and  such  complaints,
appeals,  references,  applications  or  proceedings  shall  be  continued  and  disposed  of  by  that  Court,
as  if  this Act  had  not  been  passed;  and  any  appeal,  reference,  application  or  other  proceedings  in
respect  of  any  conviction,  acquittal,  sentence  or  any  other  decision  or  order  passed  by  any  Court
before  the  date  of  commencement  of  this Act  shall  be  filed  before  and  heard  and  disposed  of  by
the  Court  competent  to  entertain  such  appeal,  reference,  application  or  other  proceedings
before  such  commencement,  as  if  this Act  had  not  been  passed.”.

Labour  Court
under
Bombay
Industrial
Relations Act
to  be  Labour
Court  under
this Act  also.

Savings.

14

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah.XXX

Cognizance
of  offence  on
complaint.

17B. No  Labour Court shall take congnizance of any offence punishable by or
under this Act, except on a complaint in writing made by an Inspector or by a person
specially authorised in this behalf by the Board or the State Government.

Appeal  from
Labour  Court
to  Industrial
Court.

17C.

(1) Notwithstanding anything contained in this Act, an appeal shall lie

to the Industrial Court,—

(a) against a conviction by a Labour Court, by the person convicted ;
(b) against an acquittal by a Labour Court, by the complainant ;
(c) for enhancement of a sentence awarded by the Labour Court by the State

Government.

(2) Every appeal shall be made within thirty days from the date of the convic-

tion, acquittal or sentence, as case may be :

Provided that, the Industrial Court may, for sufficient reasons to be recorded in

writing, allow an appeal after the expiry of the said period.

Industrial
Court  under
Bombay
Industrial
Relations Act
to  be
Industrial
Court  under
this Act  also.

Decision  of
Labour  Court
and  Industrial
Court  not  to
be  questioned
in  any  Civil
or  Criminal
Court.

Cases  to  be
disposed  of
by  Labour
Court  and
Industrial
Court  within
three
months.

Other
relevant
provisions  of
Bombay
Industrial
Relations Act
to  apply  and
to  be
followed.

17D. The Industrial Court constituted under the Bombay Industrial Relations
Act, 1946, shall also be the Industrial Court constituted for the purposes of this
Act; and accordingly shall have the same powers to entertain any appeals or refer-
ences  against  or  in  any  proceeding,  decision,  conviction,  acquittal,  sentence  or
order by or the Labour Court, as it has in these matters under that Act.

Bom.
XI  of
1947.

17E.

(1) Save as provided in the last preceding section, no decision, convic-
tion, acquittal, sentence or order by or of a Labour Court shall be called in question
in any Civil or Criminal Court.

(2) No decision given or order passed by the Industrial Court shall be called in

question in any Civil or Criminal Court.

17F.

(1) An endeavour shall be made by the Labour Court to hear and dis-
pose of a complaint of an offence punishable by or under the Act, as far as possible,
within three months from the date the complaint is made to it.

(2) An endeavour shall be made by the Industrial Court to hear and dispose of
any appeal or reference made to it under this Act, as far as possible, within three
months from the date such appeal or reference is made to it.

17G. Except as otherwise provided in this Act, in the trial of an offence punish-
able by or under this Act by the Labour Court, for hearing and disposal of any
appeal or reference by the Industrial Court, and in other respects, the provisions of
sections 85, 85A, 110 and 118B and other relevant provisions of the Bombay Indus-
trial Relations Act, 1946, shall, so far as may be, apply, and be followed by these
Courts and the parties concerned.]

Bom.
XI  of
1947.

1969 : Mah.XXX] Maharashtra Mathadi, Hamal and other Manual Workers

15

(Regulation of Employment and Welfare) Act, 1969

VIII  of
1923.

IV  of
1936.

53  of
1961.

18. The provisions of the Workmen’s Compensation Act, 1923, and the rules
made from time to time thereunder, shall mutatis mutandis apply to 1[registered
unprotected workers] employed in any scheduled employment to which this Act
applies;  and  for  that  purpose  they  shall  be  deemed  to  be  workmen  within  the
meaning of that Act; and in relation to such workmen, employer shall mean where a
Board makes payment of wages to any such workmen, the Board, and in any other
case, the employer as defined in this Act.

19.

(1) Notwithstanding anything contained in the Payment of Wages Act,
1936 (hereinafter referred to in this section as “the said Act”), the State Government
may, by notification in the Official Gazette, direct that all or any of the provisions of
the said Act or the rules made thereunder shall apply to all or any class of 1[regis-
tered unprotected workers] employed in any scheduled employment to which this
Act applies, with the modification that in relation to 1[registered unprotected work-
ers] employer shall mean where a Board makes payment of wages to any such
worker, the Board and in any other case, the employer as defined in this Act; and on
such application of the provision of the said Act, an Inspector appointed under this
Act shall be deemed to be the Inspector for the purpose of the enforcement of such
provisions of the said Act within the local limits of his jurisdiction.

(2) The State Government may, only if the Advisory Committee so advises, by

a like notification, cancel or vary any notification issued under sub-section (1).

20. Notwithstanding anything contained in the Maternity Benefit Act, 1961
(hereinafter referred to in this section as “the said Act”) the State Government may,
by notification in the Official Gazette, direct that all or any of the provisions of the
said Act or the rules made thereunder shall apply to 2[registered unprotected women
workers] employed in any scheduled employment to which this Act applies; and for
that purpose they shall be deemed to be women within the meaning of the said Act;
and in relation to such women employer shall mean where a Board makes payment
of wages to such women, the Board; and in any other case, the employer as defined
in this Act; and on such application of the provision of the said Act, an Inspector
appointed under this Act shall be deemed to be the Inspector for the purpose of
enforcement  of  such  provisions  of  the  said Act  within  the  local  limits  of  his
jurisdiction.

Application
of
Workmen’s
Compensa-
tion Act  to
unprotected
workers.

Application
of  the
Payment  of
Wages Act,
1936,  to
workers.

Application
of  Maternity
Benefit Act
to  unpro-
tected  women
workers.

21. Nothing contained in this Act shall affect any rights or privileges, which
any 3[registered unprotected worker] employed in any scheduled employment is
entitled to, on the date on which this Act comes into force, under any other law,
contract, custom or usage applicable to such worker, if such rights or privileges are
more favourable to him than those to which he would be entitled under this Act and
the scheme :

Rights  and
privileges
under  other
laws  not
affected,  in
certain  cases.

Provided that, such worker will not be entitled to receive any corresponding

benefit under the provisions of this Act and the scheme.

1 These  words  were  substituted  and  deemed  always  to  have  been  substituted  for  the  words

“unprotected  workers”  by  Mah.  40  of  1974,  ss.  3  and  4.

2 These  words  were  substituted  and  deemed  always  to  have  been  substituted  for  the  words

“unprotected    women  workers”  by  Mah.  40  of  1974,  s.  5.

3 These  words  were  substituted  and  deemed  always  to  have  been  substituted  for  the  words

“unprotected  worker”,  ibid.,  s.  6.

16

Exemptions.

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah.XXX

22. The State Government may, after consulting the Advisory  Committee, by
notification in the Official Gazette, and subject to such conditions and for such
period as may be specified in the notification, exempt from the operation of all or
any of the provisions of this Act or any scheme made thereunder, all or any class or
classes of unprotected workers employed in any scheduled employment, or in any
establishment or part of any establishment of any scheduled employment, if in the
opinion  of  the  State  Goverment  all  such  unprotected  workers  or  such  class  or
classes of workers, are in the enjoyment of benefits which are on the whole not less
favourable to such unprotected workers than the benefits provided by or under
this Act or any scheme framed thereunder :

Provided that, before any such notification is issued, the State Government shall
publish a notice of its intention to issue such notification, and invite objections and
suggestions in respect thereto, and no such notification shall be issued until the
objections and suggestions have been considered and a period of one month has
expired from the date of first publication of the notice in the Official Gazette :

Provided  further  that,  the  State  Government  may,  by  notification  in  the
Official  Gazette,  at  any  time,  for  reasons  to  be  specified,  rescind  the  aforesaid
notification.

Enquiry    into
working  of
the  Board.

23.

(1) The  State  Government  may  at  any  time  appoint  any  person  to
investigate or enquire into the working of any Board or scheme and submit a report
to the State Government in that behalf.

(2) The Board shall give to the person so appointed all facilities for the proper
conduct  of  their  investigation  or  inquiry,  and  furnish  to  him  such  documents,
accounts or information in possession of the Board as he may require.

(3) Any person so appointed to investigate or inquire into the working of any
Board or scheme may exercise all the powers of an Inspector appointed under this
Act.

Supersession
of  the  Board.

24.

(1) If the State Government, on consideration of the report referred to in

sub-section (1) of section 23 or otherwise, is of the opinion—

(a) that the Board is unable to perform its functions; or

(b) that  the  Board  has  persistently  made  default  in  the  discharge  of  its

functions or has exceeded or abused its powers,

the State Government may, by notification in the Official Gazette, supersede the
Board and constitute it in the prescribed manner, within a period of twelve months
from the date of supersession.  The period of supersession may be extended for
sufficient reasons by a like notification by not more than six months :

Provided that, before issuing a notification under this sub-section on any of the
grounds mentioned in clause (b), the State Government shall give a reasonable
opportunity to the Board to show cause why it should not be superseded, and shall
consider the explanations and objections, if any, of the Board.

1969 : Mah.XXX] Maharashtra Mathadi, Hamal and other Manual Workers

17

(Regulation of Employment and Welfare) Act, 1969

(2) After  the  supersession  of  the  Board  and  until  it  is  reconstituted,  the
powers, duties and functions of the Board under this Act shall be exercised and
perfomed  by  the  State  Government,  or  by  such  officer  or  officers,  as  the  State
Government may appoint for this purpose.

(3) When the Board is superseded the following consquences shall ensue, that

is to say—

(a) all the members of the Board shall, as from the date of publication of the

notification under sub-section (1) vacate their office ;

(b) all the powers and functions, which may be exercised or performed by the
Board shall, during the period of supersession, be exercised or performed by
such persons as may be specified in the notification ;

(c) all funds and other property vesting in the Board shall, during the period
of supersession, vest in the State Government and on the reconstitution of the
Board, such funds and property shall revest in the Board.

25. Any  contract  or  agreement,  whether  made  before  or  after  the
commencement of this Act, whereby 1[a registered unprotected worker] relinquishes
any right conferred by, or any privilege or concession accruing to him, under this
Act or any scheme, shall be void and of no effect in so far as it purports to deprive
him of such right or privilege or concession.

Contracting
out.

26. The State Government after giving by notification in the official Gazette
not less than three months’ notice of its intention so to do may, by like notification,
2[modify any item of the Schedule or] add to the Schedule any employment in
respect of which it is of opinion that the provisions of this Act should apply and the
provisions of this Act shall thereupon 3[apply to such employment as modified or
added.].

Amendment
of  Schedule.

27. Save  as  otherwise  expressely  provided  in  this Act,  any  person  who
contravenes any of  the provisions of this Act or any rule made thereunder shall, on
conviction  4[by  a  Labour  Court  or  the  Industrial  Court,]  be  punished  with  fine
which  may extend to five hundred rupees, and in case of continued contravention
thereof, with an additional fine which may extend to one hundred rupees per day for
every day during which such contravention continues.

General
penalty  for
offences.

5[27A. No suit, prosecution or other legal proceedings shall lie against the
State Government or the Board or the Chairman, Secretary, or any member of the
Board or Advisory Committee, or any Inspector or any other officers of the Board
for anything which is in good faith done or intended to be done in pursuance of this
Act, or any scheme or any rule or order made thereunder.]

Protection  of
action  taken
under  this
Act.

1 These words were  substituted  and  deemed  always  to  have  been  substituted  for  the  words

“an  unprotected  worker”  by  Mah.  40  of  1974,  s.  7.

2 These words were inserted by Mah. 27 of 1972, s. 5.

3 These words were substituted for the words “apply to such employment”  ibid.

4 These words were inserted by Mah. 62 of 1981, s. 3.

5 Section 27A was inserted by Mah. 27 of 1972, s. 6.

(Regulation of Employment and Welfare) Act, 1969

18

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah.XXX

Rules.

28.

(1) The State Government may, by notification in the Official Gazette and
subject to the condition of previous publication, make rules for carrying out the
purposes of this Act.

(2) Every scheme under this Act and rule made under this section shall be laid,
as soon as may be after it is made, before each House of  State Legislature, while it
is  in  session  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one
session or in two successive sessions, and if, before the expiry of the session in
which  it  is  so  laid  or  the  session  immediately  following,  both  Houses  agree  in
making any modification in the scheme or rule or both Houses agree that the scheme,
any provision thereof or rule should not be made, the scheme or such provision or
rule shall from the date of publication of a notification in the Official Gazette of
such decision have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done under
that scheme, provision, or as the case may be, rule.

1969 : Mah.XXX] Maharashtra Mathadi, Hamal and other Manual Workers

19

(Regulation of Employment and Welfare) Act, 1969

SCHEDULE
[See section 2(9)]

1. Employment  in Iron and Steel Market or shops in connection with loading,
unloading, stacking, carrying, weighing, measuring or such other work including
work preparatory or incidental to such operations.

2. Employment  in  Cloth  and  Cotton  Markets  or  shops  in  connection  with
loading, unloading, stacking, carrying, weighing,  1[measuring, filling, stitching,
sorting, cleaning or such other work] including work preparatory or incidental to
such  operations.

3. Employment  in  docks  in  connection  with  loading,  unloading,  stacking,
carrying, weighing, measuring or such other work including work preparatory or
incidental to such operations, but does not include employment of a Dock Worker
within the meaning of the Dock Workers (Regulation of Employment) Act, 1948.

4. Employment  in  Grocery  Markets  or  shops,  in  connection  with  loading,
unloading,  stacking  carrying,  weighing,  1[measuring,  filling,  stitching,  sorting,
cleaning  or  such  other  work]  including  work  preparatory  or  incidental  to  such
operations.

5. Employment  in  markets,  and  factories  and  other  establishments  in
connection  with  loading,  unloading,  stacking,  carrying,  weighing,  1[measuring,
filling, stitching,  sorting, cleaning or such other work] including work preparatory
or incidental to such operations carried on by workers not covered by any other
entries in this Schedule.

6. Employment  in railway yards and goods-sheds in connection with loading,
unloading, stacking, carrying, weighing, measuring or such other work preparatory
or incidental to such operations by workers who are not employed by Railway
Authorities.

7. Employment  in  connection  with  loading  of  goods  into  public  transport
vehicle or unloading of goods therefrom and any other operation incidental and
connected  thereto.

8. Employment in vegetable markets (including onions and potatoes markets)
in connection with loading, unloading, stacking, carrying, weighing, 1[measuring,
filling, stitching, sorting, cleaning or such other work] including work prepartory or
incidental to such operations.

9. Employment in markets or subsidiary markets established under Maharashtra
Agricultural Produce Marketing (Regulation) Act, 1963, in connection with loading,
unloading,  stacking,  carrying,  weighing,  1[measuring,  filling,  stitching,  sorting,
cleaning  or  such  other  work]  including  work  preparatory  or  incidental  to  such
operations.

10. Employment in Khokha making, and in timber market.

1 These words were substituted for the words “measuring or such other work” by G.N.,I  &

L.D.,  No.  UWA.  1272/165800/Lab-IV,  dated  the  6th April  1973.

20

Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969

[1969 : Mah. XXX

11. Employment in salt pans.

12. Employment in fishing industry.

13. Employment in connection with the loading, unloading and carrying of
foodgrains into godowns, 1[sorting and cleaning of foodgrains, filling foodgrains
in  bags,  stitching  of  such  bags]  and  such  other  work  incidental  and  connected
thereto.

2[14. Employment in establishment engaged in cleaning, sorting, loading, un-
loading, stacking, carrying, weighing, measuring, stitching, filling of onions or
onion bags and such other work including the work preparatory or incidental to
such  operations.]

1 These words were inserted by G. N., I. & L. D., No. UWA. 1272/165800/Lab-IV, dated the

6th April  1973.

2 This  entry  was  added  by  G.  N.,  I.  &  L.  D.,  No.  UWA.  1082/CR-10038/Lab-5,  dated  the

2nd  November  1984.

GOVERNMENT PRESS, NAGPUR

Maharashtra  Government  Publications
can be obtained from—

• THE DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS
Maharashtra State
Netaji Subhash Road, MUMBAI 400 004.
Phone :2363 26 93
2363 11 48

2363 06 95
2363 40 49

• THE  MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone :61 25 808

61 28 920

• THE  MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone :52 26 15

• THE  ASSTT.  DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone :33 14 68

• THE  MANAGER
GOVERNMENT PRESS AND STATIONERY, STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone :65 03 95

65 04 02

AND  THE  RECOGNISED  BOOKSELLERS

