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The Tamil Nadu Manual Workers (Regulation Of Employment And Conditions Of Work) Act,1982

Tamil Nadu · state statute
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THE TAMIL NADU MANUAL WORKERS 
(REGULATION OF EMPLOYMET AND 
CONDITONS OF WORK) ACT, 1982* 
(No.33 of 1982)  
[1st June, 1982 
 
An Act for regulating the employment of manual workers employed in                          
certain employments in the State of Tamil Nadu and the conditions                       
of their work and security of their employments and for certain                        
other matters connected therewith.  
 
  
 BE in enacted by the Legislature of the State of Tamil Nadu in the                                       
Thirty-third Year of the Republic of India as follows: --- 
  
1. Short title, extent and commencement. --- (1) This Act may                                        
be called the Tamil Nadu  Manual W orkers (Regulation of Employment                            
and Conditions of Work) Act, 1982.  
 
(2)   It extends to the employments specified in the Schedule. 
 
(3) It shall come into force on such date as the State Govern -                               
ment may, by notification, appoint ; and different dates may be appointed                         
for different areas, for different employments and for different provisions                                
of this Act. 
 
 
2. Definitions. ----- In this Act, unless the context otherwise                                
requires,  ----- 
(1)  “ Advisory Committee  ” means an Advisory Committee                         
constituted under section 15; 
(2) “ Board ” means a Board established under section 6; 
(3) “ child ” means a  person who has not completed sixteen                 
years of age ; 
(4) “ contractor ” in relation to a manual 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                             
workers either in groups, gangs or as individuals ; and includes a sub -                     
contractor, an agent, or a maistry ;  
 
 
 
 
(5) “ employer ” in relation to any manual worker engaged by                            
or through contractor, means the principal employer and in relation to                   
any other manual 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 n ame prevailing in                             
the scheduled employment ; 
 
(6) “ 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 ordinary carried on ; 
 
(7) “ 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 ; 
 
(8) “Government ” means the State Government ; 
 
(9) “Inspector” means an Inspector appointed under sec                                      
tion 16 ; 
 
(10) “manual worker” means a person who is engaged   or to                                            
be eng aged directly or through any agency, in any scheduled                    
employment whether for wages or not, to do manual work in any                          
scheduled employment, and includes any person not employed by                                  
under by any employer or a contractor, but working with the permission of, or    
under agreement with the employer or contractor and a person who is                          
given raw materials by an employer or a contractor for making or                               
altering or for any work, [and a person who directly engages himself                                    
in any scheduled employment but does not include any member of                                     
the family of an employer or any employee  who is in the enjoyment                                   
of benefits by or under the Employees‟ State Insurance Act, 1948                               
(Central Act XXXIV of 1948) or the Employees‟ Provident Funds                                    
and Mis cellaneous Provisions Act, 1952 (Central Act XIX of                                          
1952) ;]  
 
(11) “ principal employer ” means an employer who engages                        
manual work ers by or through a contractor in any scheduled                                    
employment ; 
 
(12) “ scheduled employment ” means any employment speci-                           
fied in the schedule wherein any manual work is undertaken by the                             
.                                                                                                                                             
manual worker or any process or branch of manual work forming part                              
of such employment ; 
 
(13) “ scheme ”  means a scheme made under this Act ; 
 
(14) “ wages ” means all remunerations expressed in terms of                                  
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 a manual 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        
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 manual worker to defray special         
expenses entailed on him by the nature of his employment ; or  
(v) Any gratuity payable on discharge. 
 
3.   Scheme for ensuring regular employment of manual workers.                           
___* (1)  For the purpose of ensuring an adequate supply and full   and                               
proper utilization of manual workers in scheduled employment s, and                 
generally for making better provision for the terms and conditions of                   
employment of such workers, the Government may by means of a                              
scheme provide for the registration of employers and manual workers                          
in any scheduled employment or employments, and provide for the                                  
terms and conditions of work of manual workers, and make provision                                     
for the general welfare in such employments. 
 
          *(2) In particular, a scheme may provide for all or any of the                   
following matters, that is to say ----- 
(a) for the application of the scheme to such classes of                                   
manual workers and employers, as may be specified therein ; 
 
 
 
 
 
(b) for defining the obligations of manual workers a nd                            
employers subject to the fulfillment of which the scheme may apply to                                                          
them ; 
 
(c) for regulating the requirement and entry into the scheme                                 
of manual workers and the registration of such workers and employers,                     
including the maintenance of registers, removal either temporarily or                    
permanently, of names from the registers, and provision for appeal                              
against such removal to the prescribed authority, and the imposition of                              
fees for registration ; 
 
(d) for regulating the employment of manual workers and                                          
the term s and conditions of such employment, including rates of wages,                   
hours of work, m aternity benefit, overtime payment, leave with wages,                        
provision for gratuity and conditions as to weekly and other holidays                                  
and pay in respect thereof ; 
 
(e) for securing that, in respect of period during which                        
employment or full employment is not available to manual workers                              
though they are available for work, s uch manual workers will, subject                                  
to the conditions of the scheme receive a minimum wage ; 
 
(f) for prohibiting, restricting or otherwise controlling the                      
employment of manual workers to whom the scheme does not apply,                           
and the employment of manual workers by employers to whom the                             
scheme does not apply ; 
 
(g) for the welfare of manual workers covered by the                                  
scheme in so far as satisfactory provision therefore, does not exist, apart                          
from the scheme ; 
 
(h) for health and safety measures in places where the                                 
manual workers are engaged, in so far as satisfactory  provision therefor,                             
is required but does not exist, apart from the scheme ; 
 
(i) for the constitution of any fund or funds including                                
provident fund for the benefit of manual workers, the vesting of su ch                           
funds, the payment and contributions to be made to such funds                                   
[provision for provident fund and rates of contribution being made after                       
taking into consideration th e provisio ns of the Employees‟ P rovident                              
Funds and Miscellaneous provisions Act, 1952 (Central Act XIX of                                
1952) and the scheme framed thereunder with suitable modifications,                           
where necessary, to suit the conditions of work of such manual                                  
workers] and all matters relating thereto ; 
(j) for the manner in which, and the persons by whom,                                       
the cost of operating the scheme i s to be defrayed, including any contri -                      
butions to the fund by employers and manual workers and the rate of                                
such contributions ; 
(k)  for appointing the persons or authorities  who are to be                                                        
responsible for the administration of the scheme, and for the admini -                             
stration  of  funds constituted for the purpose aforesaid ; 
 
(l) for such incidental and supplementary matte rs, as may be deemed 
necessary or expedient for giving effect to the purpose of a scheme ; 
 
*(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 con -                   
traventions), or with fine which may extend to such amount as may                                       
be specified (but in no case exceeding five hundred rupees in respect                                    
of a first contravention, or one thousand rupees in respect of any subse -                         
quent contraventions) or with both imprisonment and fine and if the                   
contravention is continued after conviction, with a further fine which                                   
may extend to one hundred rupees for each d ay on which the contra -                            
vention is so continued. 
 
3. Making variation and revocation of scheme. ------The                  
Government may, after consul tation with the Advisory Committee, by               
notification 1[***] make one or more schemes for any scheduled                        
employment or group of scheduled employments, in one or more areas                 
specified in the notification ; and in like manner add to, amend, vary or                    
substitute another scheme for, any scheme made by it : 
 
2[***]  
Provided further that, the 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,                          
the Government , may, after consulting the employers and workers in                        
such other scheduled employment, by notification, apply the provisions                              
of such scheme or part thereof to such other scheduled employment,                               
with such modifications,  if any,  as may be specified in the notification. 
 
4. Disputes regarding application of the scheme. ------ If any                   
question arises whether any scheme applies to any class of manual                             
workers or employers, the matter shall be referred to such authority                                
as may be prescribed in this behalf and the decision of such prescribed                       
authority made after consultation with the Advisory Committee on the                         
question shall be final. 
5. Establishment of Board. ------ (1) The Government may, by                    
notification, 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                       
employments, and for one or more areas. 
 
  (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 from time                             
to time by the Government representing the employers, the manual                             
workers, and the Government. 
 
1[(4) * * *] 
  
(5) The Chairman of the Board shall be one of the members             
appointed to represent the Government, nominated in this behalf by the   
Government. 
 
(6) After nomination of all the members of the Board including                  
the Chairman, the Government shall, by notif ication, publish the names                          
of all the members of the Board. 
 
(7) The term of office of members of the Board shall be such                   
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 Government be regulated by the Board                             
itself. 
 
1[6-A.  Amalgamation of Bo ards. ------ (1) Where the Government are 
satisfied that it is necessary in the public interest or for the purpose of                       
securing the proper management of any Board, that two or more Boards                           
should be amalgamated, the Government may formulate a proposal for 
amalgamation and shall publish such proposal in the Tamil Nadu                                 
Government Gazette and in not less than one Tamil daily newspaper                            
having wide circulation in the State. 
 
(2) Any member of the Board concerned, any manual worker 
registered under any scheme administrated by such Boards or any other                         
person likely to be affected, may, within thirty days from the date  of                         
publication of the proposal for amalgamation in the Tamil Nadu                          
Government Gazette or in the Tamil daily newspaper, whichever is later,                          
file objection or suggestion to the propose d amalgamation before the                     
Government. 
 
(3) The Government may, after considering the objections and 
suggestions, if any, pass an order approving or modifying the proposal                                 
or pass such other order as they deem fit. The order shall specify the                      
constitution and authorities of the Board and shall contain the duties,                           
liabilities and obligations of such Board and such other incidental,                                    
consequential and supplemental provisions as may, in the opinion of the 
Government, be necessary to give effect to the order. 
 
(4) Every order made under sub -section (3) shall be published                     
in the Tamil Nadu Government Gazette. 
 
(5) On and from the date of order of amalgamation, the assets, 
liabilities, properties, rights and interests and the records, registers and                             
other documents of the Boards so amalgamated shall stand tran sferred                                         
to the amalgamated Board.]         
 
7. Power of Government to appoint one -man Board.   ------  (1)                
Where by reason of employers or manual workers in any scheduled                      
employment refusing to nominate persons for representing them on the                        
Board or for any reasons whatsoever, it appears to the Government                              
that it is unable to establish a Board for such scheduled employment in                     
accordance with the provisions of section 6, the Government may, by                     
notification appoint a person who shall hold office until a Board is duly                           
established 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 meetin g 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 services shall be such as the Government may determine. 
 
8. Powers and duties of the Board. ------ (1) The Board shall be 
responsible for administering a scheme, and shall exercise such                                  
powers and perform such functions as may be conferred it by the                               
scheme. 
 
  (2) The Board may take such measures as it may deem fit for 
administering the scheme. 
 
(3) Notwithstanding anything contained in any other law, the                     
Board may nominate persons or officers who woul d be competent to                                   
act on behalf of any manual worker to initiate action for making any                                  
claim under any law or rules made thereunder or award or settlement                           
made und er any such law and appear on behalf of the manual worker                                 
in such proceedings. 
 
(4) Notwithstanding anything contained in section 36 of the                 
Industrial Disputes Act, 1947 (Central Act XIV of 1947), the Board                                
may nominate persons or officers who would be competent to act in                                      
an industrial dispute raised individually under section 2 -A or collectively                         
under section 2 (k) of  the said Act to represent the workers in any                        
conciliation proceedings or proceedings before Labour Courts, Indus -                               
trial Tribunal or National Tribunal or before an Arbitrator under                                
section 10 -A of the said Act , if the Board has been authoris ed by the                           
manual workers. 
 
(5) The Board shall submit to the Government as soon as may                        
be, after the first day of April every year, the annual report on the                               
working of the scheme during the proceeding year ending on thirty-first                           
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 is in session, or in the session immediately following the date of                             
receipt of the report. 
 
  (6) In exercise of the powers and discharge of its functions                                   
the Board shall be bound by such directions as the Government may,                                 
for reasons to be stated in wiring, give to it from time to time. 
 
1[8-A. Contribution to Fund for benefit of manual workers in                            
the employment  in construction or maintenance of dams, bridges, etc.  --- (1) 
Notwithstanding anything contai ned in any law for the time                                             
being in force or in any agreement, ------ 
 
(a) every person who makes an application for building                             
permit for any building work to a local authority shall be liable to pay                            
to the local authority concerned, in addition to the fee for the building                          
permit ;  and  
 
(b) every person who undertakes or is in charge of, any                                       
construction [work other than the building work referred to in clause                             
(a)] shall be liable to pay, 
 
 
a sum at such per cent.  not exceeding one per cent, of the total                     
estimated cost of the building or construction work proposed to be                            
constructed, as may be fixed by the Government by notification, as                        
contribution to the fund constituted for the benefit  of manual workers                                  
in the employment in construction or maintenance of dams, bridges,                               
roads or in any building operations, under a scheme framed under                                
section 3. 
 
(2) Notwithstanding anything contained in any law for the time                          
being in force, every local authority shall, while sanctioning the building                     
permit, collect the sum specified in clause (a) of sub -section (1), in                                   
such manner as may be prescribed. 
 
(3) (a) Notwithstanding anything contained in any law for the                          
time being in force, every application made to any local authority for                            
building permit, shall also be accompanied by a detailed estimated cost                       
of  the building proposed to be constructed   for which a building permit                               
is applied for. 
 
(b) The detailed estimate referred to in c lause (a) shall be                                             
certified by such authority as may be p rescribed as to the correctness                                   
of such estimate. 
 
(4)  Every local authority referred to in clause (a) and every                                    
person referred to in clause (b), of sub -section (1) shall, within such                                   
period as may be prescribed, remit the sum collected or liable to pay,                                      
as the case m ay be, under the said sub -section (1), to the Board esta -                             
blished under section 6 in respect of the manual workers in the employ -                                  
ment in construction or maintenance of dams, bridges, roads or in any                              
building operations, in such manner as may be prescribed, for being                             
credited to the fund constituted for the benefit of the said workers under                               
a scheme framed under section 3. 
 
(5) (a) The provisions of this section shall apply to ------ 
 
                        (i)   the City of Madras ; 
                       (ii)   the City of Madurai ; and  
                  (iii)  the City of Coimbatore, 
 
on the date of the commencement of the Tamil Nadu Manual Workers                       
(Regulation of Employment and Conditions of Work) Amendment Act,                            
1993. 
  (b) The Government may, by notification, direct that this                             
section shall apply on such date as may be specified in the notification                                 
to the local area comprised in ---- 
 
              (i)  any municipal towm ; 
             (ii)  any township ; or  
            (iii)  any panchayat. 
 
 Explanation. ---- for the purpose of this section, ---- 
   
      (a)   “ local authority ” means ---- 
 
(i) the Municipal Corporation of Madras, Madurai,                                   
Coimbatore or any other Municipal Corporation that may be constituted                                   
under any law for the time being in force ; or 
 
(ii)  a municipal council constituted under the Tamil Nadu                             
District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) ; or  
 
(iii) a  Township Committee constituted under the Tamil                                        
Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or    
the Tamil Nadu panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958)                           
or the Mettur Township Act, 1940 (Tamil Nadu Act XI of 1940) or the                     
Courtallam Township Act, 1954 (Tamil Nadu Act XVI of 1954) or the                           
Bhavani Sagar Township Act, 1954 (Tamil Nadu Act XXV of 1954) or                                   
under  any  other  law  for  the  time being in force ; or  
 
(iv) a  panchayat constituted under the Tamil Nadu                                       
panchayat Act, 1958 (Tamil Nadu Act XXXV of 1958) ;  
 
  (b) „ person ‟ includes  ----- 
 
    (i) any state Government or Union Territory Admini -                                           
stration; 
 
              (ii) local authority including a panchayat Union Council ;                                                                  
and  
 
  (iii) a n individual, a family, a firm, a company or an                                         
association  or  body  of  individuals, whether  incorporated  or  not.] 
 
 1[8-B. Contribution to Fund for benefit of manual workers other                              
than those employed in construction or maintenance of dams, bridges,                           
roads or in any building operations. ----- (1) Notwithstanding anything                    
contained in any law for the time being in force or any agreement, but                                    
save as otherwise provided in section 8-A, ----- 
 
(a) every employer other than an employer operating a                                       
motor transport  for carrying passengers or goods by roads, employing                       
manual worker in any in any scheduled employment, shall be liable to pay, 2[to                    
the respective Board established under section 6, for any scheduled                        
employment, other than the scheduled employment in construction or                                  
maintenance of dams, bridges, roads or in any building operations, a                                    
sum at such rate, in such manner and within such time, as specified in                                  
the scheme]   ;  
 
(b) every employer operating any motor transport for                                      
carrying passengers or goods by roads, shall be liable to pay, in addition                             
to the tax payable by him under the Tamil Nadu Motor Vehicles Taxation                                 
Act, 1974 (Tamil Nadu Act  13 of 1974 ). (hereafter in this section referred                               
to as the said Act), a  sum at such rate not exceeding one per cent. of                                     
the tax payable by him under the said Act, as may be fixed by the                                     
Government by notification ; 
(c) e very manual worker in any scheduled employment                                        
other than the scheduled employment in construction or maintenance                                                 
of dams, bridges, roads or in any building operations, 1[shall pay a sum,                            
at such rate, in such manner and within such time, as specified in the                             
scheme in respect of such scheduled employment]  ; 
 
(d) t he Government may, from time to time, make grants                                         
to the Board on such terms and conditions as the Government may, in                              
each case, d etermine, as contribution to the Fund constituted for the                             
benefit of manual workers in the scheduled employments under a                                           
scheme framed under this Act, other than those employed in constr u-                             
ction or maintenance of dams, bridges, roads or in any building                                   
operation. 
 
(2) Notwithstanding anything contained in any law for the time                               
being in force, every Officer appointed under the said Act shall, while                      
collecting the tax under the said Act, also collect the s um specified under                      
sub-section (1) and remit such sum 2[within such time as may be                            
prescribed] to the Board referred to in sub -section (1), in such manner                                   
as may be specified in the scheme. 
 
(3) Any sum paid under sun -section (1) or remitted under sub -                                     
section (2) shall be credited to the Fund constituted for the benefit of                                 
the manual workers, under a scheme framed under this Act, other than                                    
those employed in construction or ma intenance of dams, bridges, roads                                 
or in any building operations].  
 
9. Accounts and audit .  ----- (1) The Board shall maintain proper 
accounts and other relevant records and prepare an annual statement                                   
of accounts, including a balance -sheet in such from as may be                             
prescribed. 
 
(2) The accounts of the Board shall be audited annually                                               
by such qualified  person as the Government may appoint in this                                       
behalf. 
 
(3) The auditor shall at all reasonable time 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                         
Government before such date as the Government may specify in this                             
behalf. 
 
(5) The Board shall comply with such directions as the                              
Government  may  after  perusal of   the  report  auditor,  think  fit  to                         
issue. 
 
(6)  The cost of audit, as determined by the Government, shall                                     
be paid out of funds of the Board. 
 
10. Disqualification and removal.  ----- No person shall be chosen                                       
as,  or continue to be,  member  of  the  Board  who ----- 
 
(a) is a salaried officer of the Board ; or  
(b) is or at any time has been as judged 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 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 t hree 
consecutive meetings of the Board. 
 
11.  Resignation by members. ----- Any member of the Board may                      
at any time resign his office by writing under his hand addressed to                                    
the Government, and his office shall, on acceptance of resignation  by                                           
the Government, become vacant. 
 
12.   Filling up of vacancy . ----- In the event of day vacancy                                             
occurring on account of death, resignati on, disqualification or removal                                    
or otherwise.  the Board shall forthwith communicate the occurrence                                   
to the Government and the vacancy shall be filled not later than ninety                                     
days from the date o f 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. 
13.  Proceedings presumed to be good and valid . ----- No act or                       
proceedings 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. 
 
14.     Recovery of dues to the Board.  -----  (1)  On an application made                         
by the Board  for the recovery of arrears of any sum payable to it under                               
this Act or any scheme and on its furnishing a statement of accounts                                         
in respect of such arrears, the Collector may, after making such inquiries                                 
as he deems  fit grant a certificate for the recovery of the amount stated                                
therein to be due as arrears. 
  (2)   A certificate by the Collector shall be final and conclusive                     
as to the arrears due.  The arrears stated to be due therein shall then be                        
recovered as arrears of land revenue by the Collector and remitted to                                  
the Board. 
15. Advisory Committee . ----- (1) The 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 manual 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 Government may refer it for advice. 
 
(2)     The members of the Advisory Committee shall be appointed                     
by the Government and shall be of such number and chosen in such                               
manner as may be prescribed   : 
 
 Provided that the Advisory Committee shall include an equal                               
number of members representing employers, manual workers and the                        
Legislature of the State and members representing the 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 Government, nominated in this                              
behalf by the Government. 
(4) The Government shall publish in the Tamil Nadu Govern-     
ment 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. 
      16.  Inspectors. ----- (1) The Board may appoint such persons as it                                  
think 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 Government in this behalf,                      
an Inspector may – 
   (a) enter and searc h at all reasonable hours, with such                      
assistants as he thinks fit, any premises or place, where manual workers                             
are employed , or work is given out to manual 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  ; 
    (b) examine any person whom he finds in any such                              
premises or place and who, he has reasonable cause to believe, is a                                   
manual workers employed therein or a manual worker to who m work                             
is given out therein  ; 
  (c)  require any person giving any work to manual worker                             
or to a group of manual 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 a nswer 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 (Central Act XLV of 1860) 
 
        17.   Information required by the Inspector .  -----  The employer of                               
an industrial premises shall f urnish any information that an I nspector                             
may require for the purpose of satisfying himself whether any provision                             
of this Act, or the rules made thereunder has been complied with or                             
whether any order of an Inspector has been duly carried out. Any                                     
demand by an Inspector of any such information if made during the                                 
course of an inspectio n shall be complied with forthwith if the infor -                             
mation is available in the industrial premises or if made in writing shall                                  
be complied with, within seven days of receipt thereof. 
 
18.   Prohibition of employment of children.  ----- No c hild shall be                              
required or allowed to work in any scheduled employment. 
 
 19.   Cognizance of offences.  ----- No Court shall take cognizance                        
of any offence made pu nishable by a scheme or of any abetment thereof                             
except on a complaint in writing made by an Inspector or by a person                                      
specially authorized in this behalf by the Board or Government with in                                 
three months of the date on which the alleged commission of the                                     
offence came to the knowledge of the Inspector : 
 
 
                 Provided that if the offence consists of disobeying a written order                           
made by the Inspector, complaint thereof may be made within six                                      
months of the date on which the offence is alleged to have been                                 
committed. 
 20.  Application of Workmen’s Compensation Act, 1923 to                      
manual workers. ----- The provisions of the Workmen‟s Compensation                       
Act, 1923 (Central Act VIII of 1923) and the rules made from time to                      
time thereunder, shall mutatis mutandis  apply to manual 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. 
 
21.   Application of  the Payment of Wages Act,  1936 to manual                             
workers.  ----- (1) Notwithstanding anything contained in the Payment of                         
Wages act , 1936 (Central Act IV of 1936) the Government may by                                      
notification direct that all or any of the prov isions of the said Act or                                    
the rules made thereunde r shall apply to all any class of manual                                 
workers employed in any scheduled employment to which this Act                                 
applied.  With  the  modification  that  in  relation  to  manual  workers.  
employer shall mean where a Board makes payment of wages to any                                
such worker, the B oard, and in any other case, the employer as defined                                  
in this Act; and on such application of the provisions 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 Government may, by a like notification, cancel or vary                    
any notification issued under sub-section (1) 
22. Application of the Maternity Benefit Act, 1961 to manual                                   
workers. ----- Notwithstanding anything contained in the Mate

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