LexThe Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1969 : Mah. XXX] 1
THE MAHARASHTRA MATHADI, HAMAL AND OTHER MANUAL WORKERS
(REGULATION OF EMPLOYMENT AND WELFARE) ACT, 1969
[Text as on 6thOctober 2025]
_______________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent, application and commencement.
2. Definitions.
3. Schemes for ensuring regular employment of unprotected workers.
4. Making, variation and revocation of scheme.
5. Disputes regarding application of scheme.
6. Constitution of Board.
6A. Power of State Government to appoint Board consisting of one person.
7. Power and duties of Board.
8. Accounts and audit.
9. Disqualifications and removal.
10. Resignation of office by Member.
11. Vacancy to be filled as early as possible.
12. Proceedings presumed to be good and valid.
13. Determination of monies due from employers and workers.
14. Advisory Committee.
15. Inspectors and their powers.
16. Prohibition of employment of children.
17. Offence to be tried by Labour Court.
17A. Labour Court under Bombay Industrial Relations Act to be Labour Court under this Act
also.
17B. Cognizance of offence 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.
2 The Maharashtra Mathadi, Hamal and other Manual Workers [1969 : Mah. XXX
(Regulation of Employment and Welfare) Act, 1969
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.
27-1A. Compound of Offences.
27A. Protection of action taken under this Act.
28. Rules.
SCHEDULE
1969 : Mah. XXX] The Maharashtra Mathadi, Hamal and other Manual Workers 3
(Regulation of Employment and Welfare) Act, 1969
LIST OF AMENDMENT ACTS
1. Amended by Mah. 27 of 1972
2. Amended by Mah. 40 of 19741 (10-9-1974)
3. Amended by Mah. 27 of 19772 (1-6-1977)
4. Amended by Mah. 62 of 1981 (15-1-1982)
5. Amended by Mah. 28 of 19873 (5-8-1987)
6. Amended by Mah. 27 of 1990
7. Amended by Mah. 20 of 2023 (11-4-2023)
8. Amended by Mah. 25 of 2025 (28-4-2025)
1 For validation, see sections 8 and 9 of Mah. 40 of 1974.
2 For validation, see sections 8 and 9 of Mah. 40 of 1974.
3 Sections 4 and 5 of Mah. 28 of 1987 read as follows :—
“4. Consequences of retrospective amendment and validation. — (1) It is hereby declared that the provisions of
the principal Act having been retrospectively brought 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 dat es 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 anyth ing 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 w ere 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 (Mah. XXVIII of 1987) (hereinafter referred to as “the Amendment Act”), i n 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. Savings.— 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 commencement 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.”.
Note :- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Mathadi, Hamal and other Manual Workers [1969 : Mah. XXX
(Regulation of Employment and Welfare) Act, 1969
1969 : Mah. XXX] The Maharashtra Mathadi, Hamal and other Manual Workers 5
(Regulation of Employment and Welfare) Act, 1969
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.]
An Act for regulating the employment of unprotected 2[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 unpro tected 3[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 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 resp ect 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. Short title, extent, application and commencement. — (1) This Act may be called the
Maharashtra Mathadi, Hamal and other 4[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 dif ferent
employments, and for different provisions of the Act.
5[(4A) Notwithstanding anything contained in sub -section ( 4), and in Government Notification,
Industries and Labour Department, No. UMA.1272/Lab -IV, dated the 28 th March 1972, this Act shall
be deemed to have come into force in the areas specified in column 2 of the Table below on the dates
and in respect of the employments specified in columns 3 and 4 against each such areas in the said
Table, respectively.
TABLE
Serial
No.
(1)
Areas
(2)
Date
(3)
Name of the employment
(4)
1 (a) Thane and
Kalyan Talukas of
the Thane District;
and Panvel Taluka
of the Kulaba (now
Raigad) District.
26th day of December
1979.
(1) Employment in Grocery Market or Shops, in
connection with loading, unloading,
stacking, carrying, weighting, measuring
(filling, stitching, sorting, cleaning) or such
other work including work preparatory or
incidental to such operations.
(b) The whole of the
Thane and Raigad
Districts excluding
the Thane and
Kalyan Talukas
1st day of August 1983. (2) Employment in markets and other
establishments, in connection with loading,
unloading, stacking, carrying, weighing,
measuring (filling, stitching, sorting,
cleaning) of soda ash, coaltar,
1 For Statement of Objects and Reasons of the L. A. Bill No. XCIX of 1968, see Maharashtra Government Gazette, 1968,
Part V, pages 503-506.
2 These words were substituted for the words “manual workers” by Mah. 25 of 2025,s. 2.
3 These words were substituted for the words “manual workers” by Mah. 25 of 2025,s. 2.
4 These words were substituted for the words “manual workers” by Mah. 25 of 2025,s. 2.
5 Sub-section (4A) was inserted by Mah. 28 of 1987, s. 2.
6 The Maharashtra Mathadi, Hamal and other Manual Workers [1969 : Mah. XXX
(Regulation of Employment and Welfare) Act, 1969
TABLE—contd.
Serial
No.
(1)
Areas
(2)
Date
(3)
Name of the employment
(4)
of the Thane District and
Panvel Taluka of the
Raigad District.
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.
(3) Employment in onion and potato wholesale
markets in connection with loading,
unloading, stacking, carrying, weighing,
measuring (filling, stitching, 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 loading,
unloading, stacking, carrying, weighing,
measuring (filling, stitching, sorting,
cleaning) or such other work including
work preparatory or inci dental 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, products
including fertilizers, if such employment is
in connection with loading, unlo ading,
stacking, carrying weighing, measuring
(filling, stitching, sorting, cleaning) or such
other work including work preparatory or
incidental to such operations carried on by
workers covered by entry 5 in the Schedule
to this Act.
2 Thane District … 15th day of
July 1979.
Employment in cloth markets or shop in
connection with loading, unloading,
stacking, carrying, weighing, measuring or
such other work including work preparatory
or incidental to such operations.
3 Thane District … 1st day of
April 1981.
Employment in the cotton markets and
godowns and in the cotton ginning and
pressing factories, cotton waste factories
and godowns thereof in connection with the
loading, unloading, stacking, carrying,
weighing, measuring, f illing, stitching,
sorting, cleaning or such other work
including work preparatory or incidental to
such operations (any such work being work
requiring handling of cotton, cotton -waste,
wool-waste, wool -tops, yarn -tops, chindi,
mendi, nylon and rayon-waste, terry-cotton,
lintre or gunny bags.)
1969 : Mah. XXX] The Maharashtra Mathadi, Hamal and other Manual Workers 7
(Regulation of Employment and Welfare) Act, 1969
TABLE—contd.
Serial
No.
(1)
Areas
(2)
Date
(3)
Name of the employment
(4)
4 (a) Thane Taluka of
the Thane District.
(b) All the remaining
area in Thane District,
Panvel and Karjat
Talukas of the Raigad
District.
1st day of
June 1972.
1st day of October
1982.
Employment in iron and steel markets or
shops, yards including railway yards,
goods-sheds, factories and other
establishments in connection with loading,
unloading, stacking, carrying, weighing,
measuring iron and steel or such other work
including work preparatory or incidental to
such operations.
5 Thane Taluka of the
Thane District and
Panvel Taluka of the
Raigad District.
1st day of January
1983.
Employment in metal (excluding iron and
steel) including employment in steel
furniture markets or shops and paper
markets or shops and other establishments
in the trades in connection with loading,
unloading, stacking, carrying, weighing,
measuring or such other work including
work preparatory or incidental to such
operations.
6 Thane District 10th day of January
1983.
Employment in railway yards and good -
sheds in connection with loading,
unloading, stacking, carrying, weighting or
measuring by the workers who are not
employed by the railway authorities, or
such other work including work preparatory
or incidental to such operations.]
2. Definitions.— (1) “Board” means a Board established under section 6;
(2) “contractor”, in relation to an unprotected worker, means a person who undertakes to execute
1[any manual 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 2[to execute any manual work] 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, inclu ding the precincts thereof, in which or in
any part of which any scheduled employment is being or is ordinarily carried on;
(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;
3[(6A) “manual work” means any type of physical work carried out by humans without any help
or support or assistance of any type of machines and i ncludes manual loading, unloading, stacking,
carrying, weighting and measuring work in scheduled employments;]
1 These words were substituted for the words “any work” by Mah. 25 of 2025, s. 3(1).
2 These words were inserted by Mah. 25 of 2025, s. 3(2).
3 This clause was inserted by Mah. 25 of 2025, s. 3(3).
8 The Maharashtra Mathadi, Hamal and other Manual Workers [1969 : Mah. XXX
(Regulation of Employment and Welfare) Act, 1969
(7) “principal employer” means an employer who engages unprotected workers 1[to execute any
manual work] 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;
2[(11) “unprotected worker” means a mathadi, hamal or other manual worker, who is engaged or
to be enga ged to do manual work in any schedule employment; and of the age of eighteen years and
above and upto the age of sixty-five years, and thereafter if certified to be physically fit for such work
by the medical practitioner authorized by the Government; but does not include,—
(a) any worker (except a worker who is engaged or to be engaged to do manual work)
employed by employer or principal employer in manufacturing process area or stacking and
storage area of any establishment process area or stacking and storage area of any establishment,
industry or factory, or where the process is being carried out throu gh mechanical procedure or
machines or through automated processing in any establishment, industry or factory;
(b) the members of an employer‟s family;]
(12) “worker” means a person who is engaged or to be engaged directly or through any agency,
whether for wages or not, to do 3[manual work] in any scheduled employment, and includes any person
not employed by an employer or a contractor, 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 con tract 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 ; o r
any other amenity or any service excluded from the computation of wages by general or specia l
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 t he nature of
his employment; or
(v) any gratuity payable on discharge.
3. Schemes for ensuring regular employment of unprotected workers. — (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 workers 4* * * , the State Government may by means of a scheme provide for the registration of
employers and unprotected workers in any scheduled employment or employments, and provide for the
terms and conditions of work of 5[registered unprotected workers,] and make provision for the general
welfare in such employments.
1 These words were inserted by Mah. 25 of 2025, s. 3(4).
2 This clause was substituted by Mah. 25 of 2025, s. 3(5).
3 These words substituted for the words “manual work” by Mah. 25 of 2025, s. 3(6).
4 The words “whether registered or not” were deemed always to have been deleted by Mah. 40 of 1974, s. 2(1)(a).
5 These words were deemed always to have been substituted for the words “such unprotected workers, whether registered
or not” by Mah. 40 of 1974, s. 2(1)(b).
1969 : Mah. XXX] The Maharashtra Mathadi, Hamal and other Manual Workers 9
(Regulation of Employment and Welfare) Act, 1969
(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 unprotected workers and
employers,] as may be specified therein;
(b) for defining the obligations of 3[registered unprotected workers and employers] subject
to the fulfilment of which the scheme may apply to them;
4[(c) for regulating the recruitment and entry into the scheme of unp rotected workers, and
the registration and cancellation of registration of unprotected workers, and employers, including
the maintenance of registers and waiting list of unprotected workers, removal, either temporarily
or permanently, of names from the reg isters and waiting list, and the imposi tion 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 rem itting 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 t o 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;
(g) for the welfare of 7[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 8[registered unprotected workers] are
engaged, in so far as satisfactory provision therefor, is required but does n ot exist, apart from the
scheme;
(i) for the constitution of any fund or funds including provident fund for the benefit of
9[registered unprotected workers], the vesting of such funds, the payment and contributions to be
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” by Ma h.
40 of 1974, s. 2(2)(b).
3 These words were deemed always to have been substituted for the words “unprotected workers and employers” by Mah.
40 of 1974, s. 2(2)(b).
4 This clause was substituted by Mah. 25 of 2025, s. 4.
5 These words were deemed alway s 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).
7 These words were substituted and deemed always to have been substituted f or the words “unprotected workers” by Mah.
40 of 1974, s. 2(2)(d).
8 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).
9 These words were substituted and deemed alwa ys to have been substituted for the words “unprotected workers” by Mah.
40 of 1974, s. 2(2)(e)(i).
10 The Maharashtra Mathadi, Hamal and other Manual Workers [1969 : Mah. XXX
(Regulation of Employment and Welfare) Act, 1969
made to such funds 1[(provision for provident fund and rates of contribution being made after
taking into consideration t he provisions of the Employees‟ Provident Funds Act, 1952
(XIX of 1952), and the scheme framed thereunder with suitable modifications, where necessary,
to suit the conditions of work of such registered unprotected workers)], a nd all matters relating
thereto;
(j) for the manner in which, 2[the day from which (either prospective or retr ospective)] and
the persons by whom, the cost of operating the scheme is to be defrayed 3* * * * *
(k) for constituting the persons or authorities who are to be responsible for the
administration of the scheme, and for the administration of funds c onstituted for the purposes
aforesaid;
4[(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;
5* * * * * * *
6[(3) The scheme may further provide that,—
(i) a first contravention of any provision thereof shall, on conviction, be punished with fine
which may extend to such amount as may be specified (but in no case exceeding five lakhs
rupees);
(ii) for second or subsequent contravention of any provision the reof shall, on conviction, be
punished with fine, which may extend to such amount as may be specified (but in no case
exceeding ten lakhs rupees); and
(iii) if the contravention is continued after conviction, with a further fine which may extend
to five thousand rupees for each day on which the contravention is so continued.]
4. Making, variation and revocation of scheme. — (1) The State Government may, after
consultation with the Advisory Committee, by notification in the Official Gazette and subject to t he
condition of previous publication, make one or more schemes for any scheduled employment or group
of scheduled employments, in one or more area s specified in the notification ; 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 7[unprotected 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 8[unprotected workers] in such scheduled employment, by
1 This portion was deemed always to have been inserted by Mah. 40 of 1974, s. 2(2)(e)(ii).
2 These words and brackets were inserted by Mah. 27 of 1977, s. 2(c).
3 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).
4 Clause (k-i) was inserted by Mah. 27 of 1977, s. 2(d).
5 Clause (m) was deemed always to have been deleted by Mah. 40 of 1974, s. 2(2)(g).
6 This sub-section was substituted by Mah. 20 of 2023, s. 6.
7 These words were substituted for the words “worker” by Mah. 25 of 2025, s. 5.
8 These words were substituted for the words “worker” by Mah. 25 of 2025, s. 5.
1969 : Mah. XXX] The Maharashtra Mathadi, Hamal and other Manual Workers 11
(Regulation of Employment and Welfare) Act, 1969
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 (Bom. III of 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 condition of previous publication.
5. Disputes regarding application of scheme. — If any question arises whether any scheme
applies to any class of unprotected workers or employers, the matter shall be referred to the State
Government and the decision of the State Government on the question, which shal l be taken after
consulting the Advisory Committee constituted under section 14, shall be final.
6. Constitution of Board. — (1) The State Government may, by notification in the Official
Gazette, establish a Board to be known by such name as may be specif ied 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.
(4) The members representing employers and unprotected workers shall be equa l in number, and
the members representing the State Government shall not exceed one -third of the total number of
members representing employers and unprotected workers.
(5) The Chairman of the Board shall be one of the members appointed to represent the S tate
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 no tification 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.
3[(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 attend ing 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 regulat ed
by the Board itself.
4[6A. Power of State Government to appoint Board consisting of one person. — (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
1 This proviso was added by Mah. 28 of 1987, s. 3.
2 These words were inserted by Mah. 27 of 1972, s. 3.
3 Sub-section (7A) was inserted by Mah. 27 of 1977, s. 3.
4 Section 6A was inserted by Mah. 27 of 1972, s. 4.
12 The Maharashtra Mathadi, Hamal and other Manual Workers [1969 : Mah. XXX
(Regulation of Employment and Welfare) Act, 1969
person who shall hold office until a Board is duly constituted under section 6 for such scheduled
employment.
(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 continue 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. Power and duties of Board. — (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.
(2) The Board may take such measures as it may deem fit for administering the scheme.
(3) The Board shall submit to the State Government, as soon as may be, after the 1 st of April
every year, and not later than the 31 st day of October, an annual report on the working of the scheme
during the preceding year ending on the 31 st day of March of that year. Every report so received shall
be laid as soon as may be after it is rec eived 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.
8. Accounts and audit. — (1) The Board shall maintain proper accounts and other relevant
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 audit ed 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.
9. Disqualifications and removal. — (1) No person shall be chosen as, or continue to be, a
member of the Board who—
(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.
1969 : Mah. XXX] The Maharashtra Mathadi, Hamal and other Manual Workers 13
(Regulation of Employment and Welfare) Act, 1969
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 and other Manual
Worker (Regulation of Employment and Welfare) (Amendment) Act, 1990 (Mah. XXVII of 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 unprotect ed workers, ceases to adequately
represent the employers, or as the case may be, the unprotected 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 o r any of them
(including the Chairman) from office at any time.]
10. Resignation of office by Member. — 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 acceptance
of resignation, become vacant.
11. Vacancy to be filled as early as possible. — In the event of any vacancy occurring on
account of death, resignation, disqualification or removal or otherwise, the Board shall forthwith
communicate the occurrence to th e 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 vacancy had not occurred:
Provided that, during any such vacancy, the continuing members may act as if no vacancy has
occurred.
12. Proceedings presumed to be good and valid. — No act or proceeding of the Board shall be
questioned or invalidated merely by reason of any vacancy in its membership or by reason of any
defect in the constitution thereof.
2[13. Determination of monies due from employers and 3[unprotected worker ]— (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 4[unprotected 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
(V of 1908), for trying a suit in respect of the following matters, namely :—
(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).
(3) No order determining the sum due from any employer or 5[unprotected workers] shall be
made under sub-section (1), unless the employer or 1[unprotected worker], as the case may be, is given
a reasonable opportunity of representing his case.
1 Sub-section (3) was added by Mah. 27 of 1990, s. 2.
2 Section 13 was substituted for the original by Mah. 27 of 1977, s. 4.
3 These words were substituted for the word “worker” by Mah. 25 of 2025, s. 6(3).
4 These words were substituted for the word “worker” by Mah. 25 of 2025, s. 6(1).
5 These words were substituted for the word “worker” by Mah. 25 of 2025, s. 6(2).
14 The Maharashtra Mathadi, Hamal and other Manual Workers [1969 : Mah. XXX
(Regulation of Employment and Welfare) Act, 1969
(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. Advisory Committee.— (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[(1A) Notwithstanding anything contained in this Act, if the Advisory Committee is not
functional for any reason, then the State Government may issue notification or take decision for
implementation of the provisions of this Act without advise or consultation of the Advisory
Committee.]
(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 prescrib ed 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.
3[(6) (a) The term of office of members of the Advisory Committee, other than the members
representing the State Government, shall be five years than the members representing the State
Government, shall be five years from the date of publication of notification of their names in the
Official Gazette. Such members shall hold office during the pleasure of the Government.
(b) The State Government shall fill the vacancy of members other than the members representing
the State Government at the earliest and in any case before expiry of six months from the date of
occurrence of such vacancy.]
4[(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 Committe e at
such rates as may be prescribed.]
15. Inspectors and their powers. — (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 em ployed, 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 pro duction
thereof, for inspection;
1 These words were substituted for the word “worker” by Mah. 25 of 2025, s. 6(2).
2 Sub-section (1A) was inserted by Mah. 25 of 2025, s. 7(1).
3 Sub-section (6) was substituted by Mah. 25 of 2025, s.7(2).
4 Sub-section (7) was inserted by Mah. 27 of 1977, s. 5.
1969 : Mah. XXX] The Maharashtra Mathadi, Hamal and other Manual Workers 15
(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. Prohibition of employment of children.— No child shall be required or allowed to work in
any scheduled employment.
Explanation.— „Child‟ means a perExcerpt shown. Open the full act in Lexace.