The Maharashtra Unemployment Allowance Payment Short title, to Workmen in Factories (for Temporary Period) Act, 1976.

LAW AND JUDICIARY DEPARTMENT 
MAHARASHTRA ACT No. XIV OF 1976. 
THE MAHARASHTRA 
UNEMPLOYMENT 
ALLOWANCE PAYMENT TO 
WORKMEN IN FACTORIES 
(FOR TEMPORARY PERIOD) 
ACT, 1976. 
(As mod/fled upto the 7th Februaiy 2013) 
PRINTED IN INDIA BY THE MANAGER. YERDA PRISON Ppss. Pui AND 
PUBLISHED BY THE DIREcToR. GOVERNMENT PRINTING. STATIONERY 
AND PUBLICATIONS. MAHABÀSHTBÀ STATE. MuìmAI-4OO 004. 
2013 
ftrice-Rs. 9 1 
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(i) 
THE MAHARASHTRA UNEMPLOYMENT ALLOWANCE TO WORKMEN 
IN FACTORIES (FOR TEMPORARY PERIOD) ACT, 1976. 
CONTENTS 
PREAMBLE. 
SECTIONS. 
1. Short title, extent, commencement and operation. 
2. Definitions. 
3. Payment of Unemployment Allowance. 
4. Workmen not entitled to Unemployment Allowance in certain cases. 
5 . Recovery of money due from employer. 
6. Penalty. 
7. Cognizance of offence. 
8. Offences by companies. 
9. Savings. 
lo. Repeal of Mah. Ord. II of 1976 and savings. 
S (J) 232-1 
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MAHARASHTRA ACT No. XIV OF 1976.1 
ITHE MAHARASHTRA UNEMPLOYMENT ALLOWANCE PAYMENT To WORKMEN 
Fc FACTORIES (FOR TEMPORARY PERIOD) Act, 1976J 
(This Act received the assent ot the President on the 17th April 1976; assent was first 
published in the Maharashtra Government Gazette, Part iV, on the 18th April 1976). 
AmendedbyMah. 22 of 1981 (171981)* 
An Act to require employers to pay unemployment allowance to certain workmen who, 
due to short working of factories on account of shortage of power, cannot be given 
employment therein on certain days during a certain temporary period and to 
provide for matters connected therewith. 
WHEREAS both Houses of the Legislature of the State were not in Session; 
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances 
existed which rendered it necessary for him to take immediate action to require employers 
to pay unemployment allowance to certain workmen who, due to short working of 
factories on account of shortage of power, could not be given employment therein on 
certain days during a temporary period notified either in relation to the whole State or 
any part thereof and to provide for matters connected therewith, and for that purpose 
Mah. promulgated the Maharashtra Unemployment Allowance Payment to Workmen in 
Ord. Factories (for Temporary Period) Ordinance, 1976, on the 5th day of February 1976 
II of 
1976. AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State 
Legislature; It is hereby enacted in the Twenty-seventh Year of the Republic of India 
asfollows :- 
1. (1) This Act may be called the Maharashtra Unemployment Allowance Payment Short title, 
to Workmen in Factories (for Temporary Period) Act, 1976. extent, 
C ommence - 
(2) It extends to the whole ofthe State ofMaharashtra. ment and 
(3) It shall be deemed to have come into force on the 16th day of December 1975, operation. 
but save as provided in section 9 shall be in operation only during the temporary periods 
notified, from time to time, under-clause (e) ofsection 2, in the whole State or any part thereof 
as may be specified in such notification. 
2. In this Act unless the context requires otherwise, 
(a) " Bad/i workman " means a workman who is provided with a Bad/i card and who 
is employed in a factory in place of another workman who is temporarily absent and 
whose name is borne on the muster roll of the factory; 
(b) " factory " means any premises including precincts thereofwherein ten or more 
workers are working or were working on any day of the preceding twelve months, 
and in any part of which a manufacturing process is being carried on with 
the aid of power, or is ordinarily so carried on, but does not include a factory in 
i 4 of respect of which the Central Goverrment is the appropriate Government in relation 
1947. to industral disputes concerning it under the Industrial Disputes Act, 1947 
(c) " Manager " means the person who is for the time being managing the factory, and 
includes any other officer duly authorised by the employer to act as Manager, such 
authorisation being notified to the workmen by displaying it on the notice board of the 
factory; 
i For Statement of Objects and Reasons, see Maharashtra Government Gazette, Part \Ç 1976, page 80. 
* This indicates the date of commencement of the Act. 
S (J) 232-2 
Definitions. 
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Maharashtra Unemployment Allowance Payment to Workmen 
in Factories (for Temporary Period) Act, 1976 
11976 : Mah. XIV 
(d) " permanent workman " means a workman who has been employed on a 
permanent basis or whose appointment has been confirmed in writing by the 
Manager or by a person duly authorised in this behalf by the Manager, and 
includes a workman who has completed a probationary period ofthree months in 
the aggregate in the same or another occupation in the factory, and an 
apprentice who is asked or appointed to work in a post or vacancy of a perma- 
nent workman for the purposes ofpayment ofwages to him during the period he 
works on such post or in such vacancy; 
(e) "temporary period" means such period (including its extension) as the 
State Government may for the whole State or any part thereoffrom time to time 
by notification in the Official Gazette specify in this behalf; and any notification 
under this clause may be made so as to be restrospective to any date not earlier 
than the 16th day of December 1975; 
(f) "temporary workman" means a workman who has been appointed in a 
factory for a limited period for work which is ofan essentially temporary nature 
or who is employed temporarily as an additional workman in connection with 
temporary increase in work of a permanent nature; 
(g) the expression "workman" and any other words or expressions used in 
this Act but not defined therein shall have the same meanings respectively 
assigned to them in the Industrial Disputes Act, 1947, with this modification that i 4 of 
the expression "workman" shall include a Badli workman, a temporary workman, i 947. 
and for avoidance ofdoubt, also a permanent workman. 
Payment 3. (1) Where any workman, whose name is borne on the muster roll or, as the 
of case may be, Badli Register, ofa factory on, the first thy ofthe temporary period 
unemploy- not provided, with employment therein on any days during the temporary 
allowance period, due to short working of factories on account of shortage of power or on 
account ofdiscontinuance or reduction ofthe supply ofpower to the factory for 
contravention of any provisions of the *Bombay Electricity (Special Powers) Bom. 
Act, 1946, or ofany orders ofdirections issued thereunderj then notwithstand- X of 
ing anything contained in any law for the time being in force, he shall, subject to 1946. 
the provisions ofthis Act be paid by the employer an unemployment allowance 
at such rate per day and for such number of days in each calendar month during 
the temporary period as is provided in sub-section (2) of this section. 
(2) The rate ofunemployment allowance payable shall be equal to 50 per cent. 
of the total of the basic wages and dearness allowance that would have been 
payable to him had he been provided with employment during the temporary 
period: 
2 
Provided that where the unemployment is on account of discontinuance or 
reduction of the supply of power for the reasons stated in sub-section (1), the 
rate of allowance payable shall be hundred per cent. of the total of the basic 
wages and dearness allowance.J 
The number of days in each calendar month for which the unemployment 
allowance shall be paid at the rate aforesaid shall be equal to the average of the 
total number of days in each month on which a workman has actually worked 
during a period of one year immediately before the commencement of the 
temporary period: 
1. This portion was substituted for the original by Mah. 22 of 1981, s. 4. 
2. This proviso was added, ibid. 
* The short title of this Act was amended as " the Maharashtra Electricity (Special 
Powers) Act" by Mah. 24 of 2012, w. e. f. 1-5-1960. 
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Maharashtra Unemployment Allowance Payment to Workmen 3 
in Factories (for Temporary Period) Act, 1976 
1976: Mah. XiV] 
Provided that, such number ofdays in each calendar month shall not exceed the number 
of days in that month on which he is not provided with unemloyment. 
Explanation. -Where the interval between two or more temporary periods is less than 
one year, then for calculating the period of one year in relation to the last of such temporary 
periods for the purposes of this sub-section, the temporary period or periods immediately 
before such last temporary period shall be excluded. 
(3) In computing the amount of unemployment allowance, the amount payable shall, 
where neccssary, be rounded off to the nearest rupee, fractions of fifty paise and over 
being counted as one, and less than fifty paise being disregarded. 
(4) Where a workman does not actually work for the full number of hours on any 
day, then in counting the number of days on which he has actually worked on such 
days, the number of hours during which a workman has worked on each such day 
shall be added together to ascertain the number of days. 
4. No unemployment allowance shall be paid to any workman- 
i 4 of (a) if he is entitled to any lay-off compensation under the provisions ofthe Industrial 
1947. DisputesAct, 1947 
(b) ifhe refuses to accept any alternative employment in the same factory in which he 
has been provided with his usual employment, or in any other factory belonging to the 
same employer in the same town or village or situated within a radius of 8 kilometres from 
the factory to which he belongs, if, in the opinion of the employer, such alternative 
employment does not call for any special skill or previous experience and can be done by 
the workman, provided that the wages which would normally have been paid to the 
workman are offered for the alternative employment also; 
(c) if such non-provision for employment on any day is due to any strike or slowing 
down of production on the part of the workmen in another part of the factory. 
5. (1) Where any money by way ofunemployment allowance is due to a workman from 
an employer under the provisions of this Act, the workman himself or any other person 
authorised by him in writing in this behalf, or in the case of the death of the workman, his 
assignee or heirs may, without prejudice to any other mode of recovery, make an application 
to the State Government or one or more officers authorised by it for any area or areas, for the 
recovery of money due to him, and subject to provisions of sub-section (2), if the State 
Government or the authorised officer is satisfied that any money is so due, it or such authorised 
officer shall issue a certificate for that amount to the Collector, who shall proceed to recover 
the same in the same manner as an arrear of land revenue 
Provided that, every such application shall be made within one year from the date on 
which the money became due to the workman from the employer: 
Provided further that, any such application may be entertained afler the expiry ofthe said 
period of one year, if the State Government or the authorised officer is satisfied that the 
applicant had sufficient cause for not making the application within the said period. 
(2) No certificate under sub-section (1) shall be issued unless the employer has been 
given an opportunity to represent his case as to why he did not pay the unemployment 
allowance to the workman in accordance with the provisions of section 3, and his represen- 
tation or any evidence produced by him is duly considered, if necessary, afler hearing the 
employer. 
Workmen 
not entitled 
to 
unemploy- 
ment 
allowance 
in certain 
cases. 
Recovery 
of money 
due from 
employer. 
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4 Maharashtra Unemployment Allowance Payment to Workmen 
in Factories (for Temporary Period) Act, 1976 11976 : Mah. XIV 
Penalty. 6. Any person who commits a breach of any of the provisions of this 
Act, shall, on conviction, be punished with imprisonment for a term which may 
extend to six months, or with fine, or with both, and where the breach is 
a continuing one, with a further fine which may extend to two hundred rupees for 
every day during which the breach continues afler the conviction for the first 
and the Court trying the offence, ifit fines the offender, may direct that the whole 
or any part ofthe line realised from him shall be paid by way of unemployment 
allowance to any person who, in its opinion, has been injured by such breach. 
Cogni- 7 (1) No Court shall take cognizance or any offence punishable under the 
Act, or ofthe abetment ofany such offence, save on complaint made by or under 
the authority of the State Government. 
(2) No Court inferior to that of a Metropolitan Magistrate or a Magistrate of 
the first class shall try any offence punishable under this Act. 
Offences 8. (1) Where an offence under this Act has been committed by a company, 
by every person who at the time the offence was committed, was in charge of, and compa- was responsible to, the company for the conduct of the business of the 
company, as well as the company shall be deemed to be gulity of the offence; 
and shall be liable to be proceeded against and punished accordingly; 
Provided that, nothing contained in this sub-section shall render any such 
person liable to any punishment provided in this Act, if he proves that the 
offence was committed without his knowledge, or that he exercised all due 
diligence to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (1) where an offence 
under this Act has been committed by a company and it is proved that the 
offence has been committed with the consent or connivance of or is attributable 
to, any neglect on the part ofany director, manager, secretary or other officer of 
the company, such director, manager, secretary or other officer shall also be 
deemed to be guilty of that offence, and shall be liable to be proceeded against 
and punished accordingly. 
Explanation. -For the purpose of this section,- 
(a) " company " means any body corporate, and includes a firm or other 
association of individuals, and 
(b) " director " in relation to a firm, means a partner in the firm. 
Savings 9 (1) Notwithstanding the expiry of any temporary period, notified under 
clause (e) ofsection 2, the provisions of this Act shall continue to have effect for 
the purposes of recovery of any money by way of unemployment allowance 
due, or for the purpose of any penalty incurred on or before the expiry of such 
period, or for any other purposes connected with, or incidental to, any of the 
purposes aforesaid. 
(2) Nothing under this Act shall render any person liable to be convicted of 
any offence in respect ofanything done or omitted to be done by him, before the 
5th day of February 1976. or as the case may be, before the first day of any 
temporary period if such act or omission was not an offence before such date or 
day. 
lo. (1) The Maharashtra Unemployment Allowance Payment to Workmen 
Repeal of in Factories (for Temporary Period) Ordinance, 1976 is hereby, repealed. 
Malt Ord. (2) Notwithstanding such repeal, anything done or any action taken Mah 
and including any notification or order issued under the Ordinance so repealed shall o rd. 
savings. be deemed to have been made, done or issued, as the case may be, under the I I o f 
corresponding provisions of this Act. 1976. 
YERAVDA PRISON PRESS, Puì-6. 
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