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The Telangana Muttah, Jattu, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1976.

Telangana · state statute
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THE TELANGANA MUTTAH, JATTU, HAMAL AND OTHER 
MANUAL WORKERS (REGULATION OF EMPLOYMENT AND 
WELFARE) ACT, 1976. 
(ACT NO. 61 OF 1976) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent 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. Establishment of Board. 
7. Powers and duties of Board. 
8. Accounts and audits. 
9. Disqualifications and removal of members of a 
Board. 
10. Resignation of office by member. 
11. Vacancy to be filled as early as possible. 
12. Validity of proceedings of Board. 
13. Recovery of monies due to Board. 
14. Advisory Committee. 
15. Inspectors and their powers. 
16. Prohibition of employment of children. 
17. Cognizance of offences. 
18. Application of Workmen’s Compensation Act to 
unprotected workers. 
2  [Act No. 61 of 1976] 
19. Application of 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. Exemption. 
23. Enquiry into working of Board. 
24. Supersession of the Board. 
25. Contracting out. 
26. Amendment of Schedule. 
27. General penalty for offences. 
28. Power to make rules. 
29. Savings. 
30. Repeal of Ordinance 15 of 1976. 
 The Schedule. 
 
THE TELANGANA MUTTAH, JATTU, HAMAL AND OTHER 
MANUAL WORKERS (REGULATION OF EMPLOYMENT 
AND WELFARE) ACT, 1976.1 
 
ACT No.61 OF 1976. 
 
1. (1) This Act may be called the 2Telangana Muttah, Jattu, 
Hamal and other Manual Workers (Regulation of 
Employment and Welfare) Act, 1976. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) It applies to the employments specified in the 
Schedule thereto. 
 
 (4) It shall come into force on such date as the State 
Government may, by notification appoint, and different 
dates may be appointed for different areas, for different 
employments, and for different provisions of this Act. 
 
2. In this Act, unless the context otherwise requires:- 
 
 (1) “Advisory Committee”  means an Advisory 
Committee constituted under section 14; 
 
 (2) “Board” means a Board established under section 6; 
 
                                                           
1. The Andhra Pradesh Muttah,  Jattu, Hamal and Other Manual Workers 
(Regulation of Employment and Welfare) Act, 1976 received the assent 
of the President on the 27 th December, 1976. The said Act in force in the 
combined State, as on 02.06.2014, has been adapted to the State of 
Telangana, under section 101 of the Andhra Pradesh Reorganisation 
Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in 
G.O.Ms.No.7, Labour Employment Training and Factories (Labour) 
Department, dated 01.02.2016. 
2. Substituted by G.O.Ms.No.7, LET & F (Labour) Department, dated 
01.02.2016. 
Definitions. 
Short title, extent 
and 
commencement. 
2  [Act No.61 of 1976] 
 (3) “contractor” in relation to an unprotected worker, 
means a person who undertakes to execute any work for an 
establishment by engaging such workers on hire or 
otherwise, or who supplies such workers either in groups, 
gangs (mut tah or jattu) or as individuals ; and includes a 
sub-contractor, an agent, a mugaddam or a maistry; 
 
 (4) “employer” in relation to any unprotected worker 
engaged by or through contractor, means the principal 
employer and in relation to any other unprotected worker, 
the person who has ultimate control over the affairs of the 
establishment a nd 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; 
 
 (5) “establishment” means any place or premises 
including the precincts thereof, in which or in any part of 
which any schedule employment is be ing or is ordinarily 
carried on; 
 
 (6) “Government” means the State Government; 
 
 (7) “Inspector” means an Inspector appointed under 
section 15; 
 
 (8) “member of the 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; 
 
 (9) “notification” means a notification published in the 
3Telangana Gazette and the word notified shall be construed 
accordingly; 
                                                           
3. Substituted by G.O.Ms.No.7, LET & F (Labour) Department, dated 
01.02.2016. 
[Act No.61 of 1976]  3 
 (10) “prescribed” means prescribed by rules made 
under this Act; 
 
 (11) “principal employer”  means an employer who 
engages unprotected workers by or through a contractor in 
any scheduled employment; 
 
 (12) “scheduled employment”  means any employment 
specified in the Schedule hereto or any process or branch 
of work forming part of such employment; 
 
 (13) “scheme” means a scheme made under this Act; 
 
 (14) “unprotected worker” means a manual worker who 
is engaged or to be engaged in any scheduled employment; 
 
 (15) “wages” means all remunerations expressed in 
terms of money or capable of being so expressed which 
would, if the terms of contract or employment, express or 
implied, were fulfilled, be payable to an unprotected worker 
in respect of work done in an y scheduled employments 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 co ntribution 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; 
 
4  [Act No.61 of 1976] 
  (iv) any sum paid  to the worker to defray special 
expenses entailed on him by the nature of his employment; 
or  
 
  (v) any gratuity payable on discharge; 
 
 (16) “worker” means a person who is engaged or to be 
engaged directly or through any agency, whether for wages 
or not, to do manual work in any scheduled employment, 
and includes any person not employed by any employer or 
a contractor, but working with the permission o f, or under 
agreement with, the employer or contractor, but does not 
include any member of the family of an employer. 
 
3. (1) For the purpose of ensuring an adequate supply and 
full and proper utilisation of unprotected workers in 
scheduled employments, and generally for making better 
provislon for the terms and conditions of employment of 
such workers, whether registered or not, the Government 
may by means of a scheme provide for the reg istration of 
employers and unprotected workers in all or any of the 
scheduled employments and provide for the terms and 
conditions of work of such unprotected workers, whether 
registered or not, and make provision for their general 
welfare. 
 
 (2) In particular, a scheme may provide for- 
 
  (a) the application of the scheme to such classes of 
employers and unprotected workers, as may be specified 
therein; 
  (b) defining the obligations of employers and 
unprotected workers subject to the fulfilment of which t he 
scheme may apply to them; 
 
  (c) regulating the recruitment and entry into the 
scheme of unprotected workers, and the registration of 
Schemes for 
ensuring regular 
employment of 
unprotected 
Workers. 
[Act No.61 of 1976]  5 
employers and unprotected workers 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) regulating the employment of unprotected 
workers whether registered or not, and the terms and 
conditions of such employment, including rates of wages, 
hours of work, maternity benefit, over -time payment, leave 
with wages, provision for gratuity and conditions as to 
weekly and other holidays and pay in respect thereof; 
 
  (e) securing a minimum wage subject t o the 
conditions of the scheme to registered workers in respect of 
periods during which employment or full employment is not 
made available to them, although they are available for  
work; 
 
  (f) prohibiting, restricting or otherwise controlling the 
employment of unprotected workers either by employers or 
otherwise, to whom the scheme does not apply; 
 
  (g) the welfare of unprotected workers covered by the 
scheme, in so far as satisfactory provision therefor does not 
exist, apart from the scheme; 
 
  (h) health and safety measures in places where the 
unprotected workers are engaged, in so far as satisfactory 
provision therefor is required but does not exist, apart from 
the scheme; 
 
  (i) the constitution of any funds, including provident 
fund for the benefit of unprotected workers, the vesting of 
such funds, the payment and contribut ions to be made to 
such funds, and all matters relating thereto; 
 
6  [Act No.61 of 1976] 
  (j) the manner in which, and the persons by whom, 
the cost of operating the scheme is to be defrayed, 
including any contributions to be paid by employers and 
unprotected workers, and the rate of such contribution; 
 
  (k) the appointment of persons or authorities who are 
to be  responsible for the administrat ion of the scheme or 
funds aforesaid; 
 
  (l) such incidental and supplemental matter s, as may 
be, necessary or expe dient for giving effect to the purposes 
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 
contravention or with fine which may extend to suc h amount 
as may be specified, but in no case exceeding five hundred 
rupees in respect of the first contravention, or one thousand 
rupees in respect of any subsequent contravention, or with 
both imprisonment and fine. 
 
4. The Government may, by notification after consultation 
with the Advisory Committee, and subject to the condition of 
previous publication, make one or more schemes for any 
scheduled employments 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 made by them: 
 
 Provided that no such notification shall come into force 
unless a period of one month has expired from the date on 
which it is notified: 
 
 Provided further that,- 
Making variation 
and revocation of 
scheme. 
[Act No.61 of 1976]  7 
 (a) if the Government consider it necessary, or  
 
 (b) if a demand or request is made by a majority of the 
employers or wokers in any other scheduled employment, 
the Government may, after consulting the employers and 
workers in  such other scheduled employment, by 
notification, apply the provisions of the scheme or part 
thereof to any other scheduled employment, with such 
modifications, if any, as may be specified, in the notification 
that the provisions of any scheme so made for  any 
scheduled employment or any part thereof should be 
applied to such other scheduled employment. 
 
5. If any question arises whether any scheme applies to, 
employers or any class of unprotected workers, the matter 
shall be referred to the Government and the decision of the 
Government on the question, which shall be taken after 
consulting the Advisory Committee, shall be final. 
 
6. (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 ; 
and they may establish one Board for two or more  
scheduled employments or 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 property, and 
to contract, and may by that name, sue or be sued. 
 
 (3) The Board shall consist of members nominated by 
the Government, representing the emp loyers, the 
unprotected workers, and the Government. 
 
 (4) The members representing employers and 
unprotected workers, shall be equal in number, and the 
members representing the Government shall not exceed 
Disputes 
regarding 
application of 
scheme. 
Establishment of 
Board. 
8  [Act No.61 of 1976] 
one-third of the total number of members represent ing 
employers and unprotected workers. 
 
 (5) The Chairman of the Board shall be nominated by 
the Government from among the members representing the 
Government. 
 
 (6) After nomination of all the members of the Board 
including the Chairman, the Government sh all, by 
notification publish the names of all the members of the 
Board. 
 
 (7) The term of the office of the 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. 
 
7. (1) The Board shall be responsible for administering a 
scheme, and shall 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 Government, as soon 
as may be, after the 1st day of April, every year and not lat er 
than 31st day of October, an annual report on the working of 
the scheme during the preceding year ending on the 31st 
day of March of that year. Every report so received shall be 
laid as soon as may be after it is received before each 
House of the State Legislature if it is in session, or in the 
session immediately following the date of receipt of the 
report. 
 
Powers and 
duties of Board. 
[Act No.61 of 1976]  9 
 (4) In the performance of its functions, the Board shall 
be bound by such directions as the Government may, for 
reasons to be recorded in writing,  give to it from time to 
time. 
 
8. (1) The Board shall maintain proper accounts and other 
relevant records and prepare an annual statement of 
accounts including a balance sheet in such forms as may 
be prescribed. 
 
 (2) The accounts of the Board shall be audited annua lly 
by such qualified person as  the 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 requir e 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 G overnment 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 of the auditor, 
think fit to issue. 
 
 (6) The cost of audit, as determined by the Government 
shall be paid out of the funds of the Board. 
 
9. (1) A person shall be disqualified for being chosen as or 
for continuing as a member of the Board if he – 
 
  (a) is a salaried officer of the Board; or 
 
Accounts and 
audits. 
Disqualifications 
and removal of 
members of a 
Board. 
10  [Act No.61 of 1976] 
  (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 Government may rem ove 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. 
 
10. 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, become vacant. 
 
11. In the event of any vacancy occurring on account of 
death, resignation, disqualification or removal or ot herwise, 
the Board shall forthwith communicate the occurrence to the 
Government, and the v acancy 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 for the residue of term of his predecessor: 
 
 Provided that, during any such vacancy, the continuing 
members may act as if no vacancy has occurred 
 
12. No act or proceeding of the Board shall be questioned 
of or invalidated merely by reason of any vacancy in its 
membership or by reason of any defect in the constitution 
thereof. 
Resignation of 
office by member. 
Vacancy to be 
filled as early as 
possible. 
Validity of 
proceedings of 
Board. 
[Act No.61 of 1976]  11 
13. (1) On an application made  by the Board for the 
recovery of arrears of any sum payable to it under this Act or 
any schemes 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 f or 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 recoverable as arrears of land 
revenue. 
 
14. (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 employers or any particular class of unprotected 
workers, 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 to it for advice. 
 
 (2) The members of the Advisory Commi ttee 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, workers 
and the Legislature of th e 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 
nominated by the Government from among the members 
representing the Government. 
 
 (4) The Governm ent shall, by notification, publish the 
names of all the members of the Advisory Committee. 
Recovery of 
monies due to 
Board. 
Advisory 
Committee. 
12  [Act No.61 of 1976] 
 (5) The meetings of the Advisory Committee and 
procedure to be followed thereat 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. 
 
15. (1) The Board may appoint such persons as it thinks fit 
to be Inspectors possessing the prescribed qualifications for 
the purposes of this Act or  of any scheme and may define 
the limits of their jurisdiction. 
 
 (2) Subject to any rules made by the Government i n this 
behalf, an Inspector may– 
 
  (a) enter and search at all reasonable hours, with 
such assistance as he thinks fit, any premises or plac e, 
where unprotected workers are employed, or work is given 
out to unprotected workers in any scheduled employment, 
for the purpose of examining any register, record of wages 
or notices required to be kept or exhibited under any 
scheme, and require the production thereof, for inspection; 
 
  (b) examine any person whom he finds in any such 
premises or place and who, he has reason 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 cop ies of such registers, records of 
wage or -notices or portions thereof, as he may consider 
Inspectors and 
their powers. 
[Act No.61 of 1976]  13 
relevant, in respect of an offence under this Act or scheme, 
which he has reason to believe, has been commi tted by an 
employer; and 
 
  (e) exercise such other powers as may be  
prescribed: 
 
 Provided that no person 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. 
 
16. No child shall be required or allowed to work in any 
scheduled employment. 
 
 Explanation.-“Child” means a person who has not 
completed fourteen years of age. 
 
17. (1) No court shall take cognizance of any offence made 
punishable by a scheme or of any abetment thereof, except 
on complaint, in writing, made by an Inspector or by a 
person specially authorised in this behalf by the Board or 
Government. 
 
 (2) Notwithstanding anything in the Code of Criminal 
Procedure, 1973, an offence made punishable by a scheme 
or an abetment thereof shall be triable only by a magistrate 
of the first class. 
 
18. The provisions of the Workmen ’s Compensation Act, 
1923, and the rules made, from time to time, thereunder, 
shall mutatis mutandis apply to unprotected workers 
employed in any scheduled employment to which this Act 
applies; and for that purpose they shall be deemed to be 
Prohibition of 
employment of 
Children. 
Cognizance of 
offences. 
Central Act 45 of 1860. 
Application of 
Workmen’s 
Compensation Act 
to unprotected 
workers. 
Central Act 8 of 1923. 
Central Act 2 of 1974. 
14  [Act No.61 of 1976] 
workmen within the meaning of that Act; and relation to 
such workmen, employer shall mean where a Board makes 
payment of wages to any such workmen, the Board, and in 
any other case, the employer as defined in this Act. 
 
19. (1) Notwithstanding anything in the Payment of Wages 
Act, 1936 (hereinafter referred to in this section as “the said 
Act”), the Government may, by notification, direct that all or 
any of the provisions of the said Act or the rules made 
thereunder shall apply to all or any class of unprotected 
workers employed in any scheduled employment to which 
this Act applies with the modification that in relation to 
unprotected workers, employer shall mean where a Board 
makes paymen t of wages to any such worker, the Board, 
and in any other case, the employer as defined in this Act 
and on such application of the 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, only if the Advisory 
Committee so advises, by a like notification, cancel or vary 
any notification issued under sub-section (1). 
 
20. Notwithstanding anything in the Maternity Benefit Act, 
1961 (hereinafter referred to in this section as “the said 
Act”), the Government may, by notification direct that all or 
any of the provisions of the said Act or the rules made 
thereunder shall apply to unprotected women workers 
employed in any scheduled employment to which this Act 
applies; and for that purpose they shall be deemed to be 
woman within the meaning, of the said Act; and in relation to 
such women, employer shall mean where a Board makes 
payment of wages to such women, the Board; and in any 
other case, the employer as defined in this Act and on such 
application of the provisions of the said Act, an Inspector 
Application of 
payment of 
Wages Act, 1936 
to workers. 
Central Act 4 of 
1936. 
Application of 
Maternity Benefit 
Act to 
unprotected 
women workers. 
Central Act 53 of 
1961. 
[Act No.61 of 1976]  15 
appointed under this Act shall be deemed to be the 
Inspector for the purpose of enforcement of such provisions 
of the said Act, within the local limits of the jurisdiction. 
 
21. Nothing in this Act shall affect any rights or privileges, 
which any unprotected worker employed in any scheduled 
employment is entitled to on the date on which this Act 
comes into force under any other law, contract, custom or 
usage applicable to such worker, if such rights or privilages 
are more favourable to him than those to which he would be 
entitled under this Act and a scheme made thereunder: 
 
 Provided that such worker shall not be entitled to 
receive any corresponding benfit under the provisions of 
this Act and the scheme. 
 
22. The Government may, after consulting the Advisory 
Committee, by notification, and subject to such conditions 
and for such period as may be specified in the notific ations, 
exempt from the operation of all or any of the provisions of 
this Act or any scheme made thereunder, all or any class or 
classes of unprotected workers employed in any scheduled 
employment or any establishment or part of any 
establishment of any sc heduled employment, if in the 
opinion of the Government all such unprotected workers of 
such class or classes of workers, are in the enjoyment of 
benefits which are on the whole not less favourable to such 
unprotected workers than the benefits provided by or under 
this Act or any scheme made thereunder: 
 
 Provided that before any such notification is issued, the 
Government shall publish in the 4Telangana Gazette, a 
notice of its intention to issue such notification, and invite 
objections and suggestions in respect thereto, and no such 
                                                           
4. Substituted by G.O.Ms.No.7, LET & F (Labour) Department, dated 
01.02.2016.  
Right and 
privileges under 
other laws not 
affected in certain 
cases. 
Exemption. 
16  [Act No.61 of 1976] 
notification shall be issued until the objections and 
suggestions have been considered and a period of one 
month has expir ed from the date of first publication of the 
notice: 
 
 Provided further that the Government may, by 
notification any time, for reasons to be specified rescind the 
aforesaid notification. 
 
23. (1) The Government may, at any  time, appoint any 
person to investigate or enquire into the working of any 
Board or scheme and submit a report to the Government in 
that behalf. 
 
 (2) The Board shall give to the person so appointed all 
facilities for the proper conduct of the investigati on, or 
enquiry, and furnish to him such documents, accounts or 
information in possession of the Board as he may require. 
 
 (3) Any person so appointed to investigate or enquire 
into the working of any Board or scheme may exercise all 
the powers of an Inspector appointed under this Act. 
 
24. (1) If the Government, on consideration of the report 
referred to in sub -section (1) of section 23 or otherwise  are 
of the opinion– 
 
  (a) that the Board is unable to perform its functions ; 
or 
 
  (b) that the Board has persistently made default in the 
discharge of its functions or has exceeded or abused its 
powers, the Government may, by notification, supersede the 
Board and constitute it in the prescribed manner, within a 
period of twelve m onths from the date of supersession. The 
period of supersession may be extended for sufficient 
Enquiry into 
working of Board. 
Supersession of 
the Board. 
[Act No.61 of 1976]  17 
reasons by a like notification  or by not more than six  
months: 
 
 Provided that before issuing a notification under this 
sub-section on any of the grounds mentio ned in clause (b), 
the Government shall give a reasonable opportunity to the 
Board to show cause why it should not be superseded, and 
shall consider the explanations and objections, if any, of the 
Board. 
 
 (2) After the supersession of the Board and until it is 
reconstituted, the functions of the Board under this Act shall 
be performed by the Government, or any such officer or 
officers, as the Government may appoint for this purpose. 
 
 (3) When the Board is superseded the following 
consequences shall ensue, that is to say – 
 
  (a) all the members of the Board shall, as from the 
date of publication of the notification under sub -section (1), 
vacate their office; 
 
  (b) all the functions which may be performed by the 
Board shall, during the period of supersession be performed 
by such persons as may be specified in the notification; 
 
  (c) all funds and other property vesting in the Board 
shall, during the period of supersession, vest in the 
Government and on the reconstitution of the Board, such 
funds and property shall revest in the Board. 
 
25. Any contract or agreement, whether made before or 
after the commencement of this Act whereby an 
unprotected worker relinquishes any right conferred by, or 
any privilege or concession accruing to him under this Act 
or any scheme, shall be void and of no eff ect in so far as it 
Contracting out. 
18  [Act No.61 of 1976] 
purports to deprive him of such right or privilege or 
concession. 
 
26. The Government may, by notification, after giving not 
less than three months' notice of its intention so to do, add 
to the Schedule any emp loyment in respect of which they 
are of opinion that the provisions of this Act should apply; 
and the provisions of this Act shall thereupon apply to such 
employment. 
 
27. Save as otherwise expressly provided in this Act any 
person who contravenes any of the provisions of this Act or 
any rule made thereunder shall, on conviction, be punished 
with fine which may extend to five hundred rupees, and in 
case of continued contravention thereof, with an additional 
fine which may extend to one hundred rupees per day, for 
every day during which such contravention continues. 
 
28. (1) The Government may, by notification, and subject to 
the condition of previous publication, make rules for 
carrying out all or any of the purposes of this Act. 
 
 (2) Every scheme under this Act and rule made under 
this section shall immediately after it is made be laid before 
each House of the State Legislature if it is in session, and if it 
is not in session, in the session immedia tely following for a 
total period of fourteen days which may be comprised in 
one session or in two successive sessions, and if, before the 
expiration of the session in which it is so laid or the session 
immediately following, both Houses agree in making an y 
modification in the scheme or rule or in the annulment of the 
rule or scheme, or any provision thereof, the rule or scheme 
shall, from the date on which the modification or annulment 
is notified, have effect only in such modified form or stand 
annulled, as the case may be; so however, that any such 
modification or annulment shall be without prejudice to the 
Amendment of 
Schedule. 
General penalty 
for offences. 
Power to make 
rules. 
[Act No.61 of 1976]  19 
validity of anything previously done or omitted to be done 
under that scheme, provision, or rule, as the case may be. 
 
29. Nothing contained in this Act, shall apply to contract 
labour governed by the Indian Railways Act, 1890, the 
Factories Act 1948 or the Contract Labour (Regulation and 
Abolition) Act, 1970. 
 
30. The Andhra Pradesh Muttah, Jattu , Hamal and other 
Mannual Workers (Regulation of Employment and Welfare) 
Ordinance, 1976, is hereby repealed. 
  
Savings. 
Central Act 9 of 1890. 
Central Act 63 of 1948  
Central Act 37 of 1970. 
Repeal of 
Ordinance 15 of 
1976. 
20  [Act No.61 of 1976] 
THE SCHEDULE 
 
[See section 2 (12)] 
 
 1. Employment in connection with loading, unloading, 
packing, carrying, weighing, measuring or such other work, 
including work preparatory or incidental to such operations– 
 
  (1) in iron and steel markets or shops; 
 
  (2) in cloth and cotton markets or shops; 
 
  (3) in docks, not being employment  of dock -worker 
within the meaning of the Dock -Workers (Regulation of 
Employment) Act, 1948 (Central Act 9 of 1948); 
 
  (4) in grocery markets or shops; 
 
  (5) in bus depots in so far as it relates to loading of 
goods into public transport vehicle or unloa ding of goods 
therefrom and any other operation incidental and connected 
thereto; 
 
  (6) in vegetable and fruit markets (including onions 
and potatoes markets); 
 
  (7) in markets or subsidiary markets established 
under 5the Telangana (Agricultural Produce and Livestock) 
Markets Act, 1966 (Telangana Act 16 of 1966). 
 
 2. Employment in timber markets. 
 
 3. Employment in salt pans. 
 
                                                           
5. Adapted by G.O.Ms.No.8, Agriculture and Co -operation (mrktg.II) 
Department, dated 02.08.2014.  
[Act No.61 of 1976]  21 
 4. Employment in fishing industry. 
 
 5. Employment in connection with the loading, 
unloading and carrying  of foodgrains into godowns and 
such other work incidental and connected thereto. 
 
 6. Employment in markets, and other establishments, in 
connection with loading , unloading, stocking, carrying, 
weighing, measuring or such other work, including work 
preparatory or incidental to such operations carried on by 
workers not covered by any other entries in this Schedule. 
 
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