The West Bengal Mazdoor, Tindal, Loader, Godownman And Other Workers ( Regulation Of Employment And Welfare ) Act, 1981

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act LI of 1981 
THE WEST BENGAL MAZDOOR, TINDAL, 
LOADER, GODOWNMAN AND OTHER 
WORKERS (REGULATION OF 
EMPLOYMENT AND WELFARE) ACT, 1981. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinaiy, of the 29th October, 1987.] 
[29th October, 1987.] 
An Act to provide for regulating the employment of unprotected workers 
engaged in certain employments in West Bengal and for matters 
connected therewith or incidental thereto. 
WHEREAS it is expedient to regulate the employment of unprotected 
workers, such as Mazdoor, Tindal, Loader, Godownman and similar 
other workers, engaged in certain employments, to make better provision 
for the terms and conditions of employment of such workers, to make 
provision for ensuring the adequate supply and full and proper utilisation 
of such workers in such employments, and to provide for the establish-
ment of Boards in respect of such employments for different areas of 
West Bengal; 
It is hereby enacted in the Thirty-second Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Mazdoor, Tindal, 
Loader, Godownman and Other Workers (Regulation of Employment 
and Welfare) Act, 1981. 
(2) It extends to the whole of West Bengal. 
(3) 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 or for different provisions of this Act. 
(4) It applies to the scheduled employments. 
Short title. 
extent, 
commence-
ment and 
application. 
485 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
° [West Ben. Act 
(Section 2.) 
Definitions. 	 2. In this Act, unless there is anything repugnant in the subject or 
context,— 
(1) "Advisory Committee" means the Advisory Committee 
constituted under section 16; 
(2) "Board" means a Board established under section 6; 
(3) "contractor" in relation to an unprotected worker means a 
person who undertakes to execute any work for an 
establishment by engaging such worker on hire or otherwise, 
or who supplies such worker either in group or gang or as 
individual, and includes a sub-contractor, an agent, a sardar 
or a munshi; 
(4) employer means,— 
(a) in relation to an unprotected worker engaged by or 
through any contractor, the principal employer, and 
(b) in relation to any other unprotected worker, the person 
who has ultimate control over the affairs of the 
establishment, 
and includes any other person, by whatever name called, to 
whom the affairs of such establishment are entrusted; 
(5) "establishment" means any place or premises, including the 
precincts thereof, in which or in any part of which any 
scheduled employment is ordinarily carried on; 
(6) "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; 
(7) "Inspector" means an Inspector appointed under section 17; 
(8) "notification" means a notification published in the Official 
Gazette; 
(9) "principal employer" means an employer who engages 
unprotected workers by or through a contractor in any 
scheduled employment; 
(10) "prescribed" means prescribed by rules made under this 
Act; 
( I 1 ) "scheduled employment" means any employment specified 
in the Schedule or any process or branch of work forming 
part of such employment; 
(12) "scheme" means a scheme made under this Act; 
486 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
LI of 1981.] 
(Section 3.) 
(13) "unprotected worker" means a worker engaged in any 
scheduled employment; 
(14) "wages" means all remuneration capable of being expressed 
in terms of money, which would, if the terms of employment, 
express or implied, were fulfilled, be payable to a workman 
in respect of his employment or of work done in such 
employment, and includes— 
(i) such allowances (including dearness allowance) as 
the workman is for the time being entitled to; 
(ii) the value of any house accommodation, or of supply 
of light, water, medical attendance or other amenity 
or of any service or of any concessional supply of 
foodgrains or other articles; 
(iii) any travelling concession; 
but does not include— 
(a) any bonus; 
(b) any contribution paid or payable by the employer 
to any pension fund or provident fund or for the 
benefit of the workman under any law for the time 
being in force; 
(c) any gratuity payable on the termination of his 
service; 
(15) "worker" means a person engaged directly or through any 
agency, whether for wages or not, to do any skilled or 
unskilled manual, supervisory or clerical work in any 
scheduled employment, and includes any person not 
employed by any employer or contractor, but working with 
the permission of, or under an agreement with, such employer 
or contractor, but does not include any member of the 
family of an employer; 
(16) "year" means a period of twelve months beginning on the 
1st day of April. 
3. (1) For the purpose of ensuring an adequate supply and full and Scheme for 
proper utilisation of unprotected workers in scheduled employments, and ensuring 
regular 
generally for making better provision for the terms and conditions of employment 
of employment of such workers, the State Government may by means of unprotected 
a scheme provide for the registration of employers and unprotected workers. 
workers in any scheduled employment and the terms and conditions of 
work of registered unprotected workers, and make provision for the 
general welfare in such employments. 
487 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
[West Ben. Act 
(Section 3.) 
(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 registered 
unprotected workers and employers as may be specified 
therein; 
(b) for defining the obligations of registered unprotected workers 
and employers, subject to the fulfilment of which the scheme 
may apply to them; 
(c) for regulating the recruitment and entry into the scheme of 
unprotected workers, and the registration of unprotected 
workers and employers, including the maintenance of 
registers, removal, either temporarily or permanently, of 
names from the registers, and the imposition of fees for 
registration; 
(d) for regulating the employment of registered unprotected 
workers, and the terms and conditions of such employment, 
including the rates of wages, hours of work, maternity benefit, 
overtime payment, leave with wages, gratuity, payment of 
bonus after taking into consideration the provisions of the 
Payment of Bonus Act, 1965 and conditions as to weekly 
and other holidays and pay in respect thereof; 
(e) for providing the time within which the registered employers 
shall remit to the Board the amount of wages payable to the 
registered workers for the work done by such workers; for 
requiring such employers as, in the opinion of the Board, 
make default in remitting the amount of such wages within 
the time as aforesaid to deposit with the Board an amount 
equal to the monthly average of such wages; for requiring 
the employers to make good the amount of such deposit if 
at any time such deposit falls short of such average; and for 
requiring such employers as persistently make default in 
making such remittances within the time as aforesaid to pay 
also, by way of penalty, a surcharge of such amount, not 
exceeding ten per cent. of the amount to be remitted, as the 
Board may determine; 
(f) for securing that in respect of the period during which 
employment or full employment is not available to registered 
unprotected workers available for work, such workers 
receive, subject to the conditions of the scheme, a minimum 
wage; 
21 of 1965. 
488 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
LI of 1981.] 
(Section 3.) 
(g) for prohibiting, restricting or otherwise controlling the 
employment of such unprotected workers by such employers 
as to whom the scheme does not apply; 
(h) for the welfare of registered unprotected workers covered 
by the scheme, in so far as satisfactory provision therefor 
does not exist, apart from the scheme; 
(i) for the health and safety measures in places where the 
registered unprotected workers are engaged, in so far as 
satisfactory provision therefor is required but does not exist, 
apart from the scheme; 
(j) for the constitution of any fund including provident fund for 
the benefit of registered unprotected workers, the vesting 
of such fund, the payment and contribution to such fund, 
including, in so far as the provident fund is concerned, the 
rate of contribution to such fund after taking into 
consideration the provision of the Employees' Provident 
1,i of i952. 
	
	 Funds and Miscellaneous Provisions Act, 1952 and the 
scheme framed thereunder with suitable modifications, where 
necessary, to suit the conditions of work of such registered 
unprotected workers, and all matters relating thereto; 
(k) for the manner in which, the day from which (either 
prospective or retrospective), and the person or persons by 
whom, the cost of operating the scheme shall be defrayed; 
(1) for constituting the authorities which shall be responsible 
for the administration of the scheme, and the fund referred 
to in clause (j); 
(m) for specifying the powers and duties which the authorities 
referred to in clause (1) shall exercise and perform; for 
providing appeals and revision applications against the 
decisions or orders of such authorities; and for deciding 
such appeals and revision applications and for matters 
incidental thereto; 
(n) for such incidental or supplementary matters as may be 
necessary or expedient for giving effect to the purposes of 
the scheme. 
(3) A scheme may further provide that a contravention of any 
provision thereof shall be punishable with imprisonment for such term 
as may be specified (but in no case exceeding six months in respect of 
a first contravention or one year in respect of any subsequent 
contravention), or with fine which may extend to such amount as may 
be specified (but in no case exceeding one thousand rupees in respect 
489 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
[West Ben. Act 
(Sections 4-6.) 
slaking. 
variation and 
revocation 
of scheme. 
Disputes 
regarding 
application 
of scheme. 
of a first contravention or three thousand rupees in respect of any 
subsequent contravention), or with both imprisonment and fine as aforesaid 
and, if the contravention is continued after conviction, with a further fine 
which may extend to two hundred rupees for each day on which the 
contravention is so continued. 
4. The State Government may, after consultation with the Advisory 
Committee, by notification and subject to the condition of previous 
publication, make one or more schemes for any scheduled employment 
or cifoup of scheduled employments in one or more areas specified in 
the notification, and may, in like manner, add to, amend, vary or rescind 
any such scheme or schemes: 
Provided that no such notification shall come into force unless a 
period of one month has expired from the date of publication of the 
notification: 
Provided further that the State Government may,— 
(a) if it considers necessary so to do, or 
(b) if a demand or request is made by a majority of employers 
or workers in any other scheduled employment that all or 
any of the provisions of any such scheme or schemes should 
be applied to such other scheduled employment, 
after consulting the employers and workers in such other scheduled 
employment, by notification, apply all or any of the provisions of such 
scheme or schemes to such other—scheduled employment with such 
modifications, if any, as may be specified in the notification. 
5. If any question arises whether any scheme applies to any class 
of unprotected workers or employers, the matter shall be referred to the 
State Government and the State Government shall, after consultation 
with the Advisory Committee, decide the question. The decision of the 
State Government shall be final. 
Constitution 	 6. (1) The State Government may by notification establish a Board. 
of 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 
established 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 a common seal, with power 
to acquire, hold and dispose of property and to contract and may, by that 
name, sue and be sued. 
490 
The West Bengal Mazdoor, Tindal, Loader, Godownrnan and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
LI of 1981.] 
(Section 7.) 
(3) Every such Board shall consist of members, nominated from 
time to time by the employers, the unprotected workers and the State 
Government, representing respectively the employers, the unprotected 
workers, and the State Government. 
(4) The members representing the employers and the unprotected 
workers shall be equal in number, and the members representing the 
State Government shall not exceed one-third of the total number of 
members of a Board. 
(5) The Chairman of a Board shall be appointed by the State 
Government from amongst the members nominated to represent the State 
Government. 
(6) After nomination of all the members of a Board including the 
Chairman, the State Government shall by notification publish the names 
of all the members thereof. 
(7) The term of office of the members of a Board other than the 
members representing the State Government shall be such as may be 
prescribed. 
(8) The members representing the State Government on a Board 
shall hold office during the pleasure of the State Government. 
(9) The meetings of a Board and the procedure to be followed at 
such meetings and all other matters supplementary or ancillary thereto 
shall, subject to the approval of the State Government, be regulated by 
the Board. 
7. (1) Where by reason of the employers or the unprotected workers 
in any scheduled employment refusing to nominate persons to represent 
the employers or the unprotected workers, as the case may be, on a 
Board, or where for any reasons whatsoever, it appears to the State 
Government that it is not possible to establish a Board for such scheduled 
employment in accordance with the provisions of section 6, the State 
Government may by notification appoint a person who shall, subject to 
the provisions of sub-section (2), hold office until a Board is duly 
constituted under that section for such scheduled employment. 
(2) The person so appointed shall be deemed to constitute the Board 
under section 6, and shall exercise all the powers and discharge all the 
duties conferred and imposed on the Board by or under this Act. He shall 
continue in office until the day immediately preceding the date of the 
first meeting of the Board as constituted under section 6. 
(3) The person deemed to constitute the Board shall receive such 
remuneration from the fund of the Board, and the terms and other 
conditions of his service shall be such, as the State Government may 
determine. 
Power of 
State 
Government 
to constitute 
Board 
consisting of 
one person. 
491 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
[West Ben. Act 
(Sections 8-10.) 
Powers and 
duties of 
Board. 
Travelling 
and daily 
allowances. 
Accounts 
and audit. 
8. (1) A Board shall be responsible for administering a scheme, 
and shall exercise such powers and discharge such duties as may be 
conferred and imposed on it by the scheme. 
(2) A Board may take such measures as it may deem fit for 
administering the scheme. 
(3) Every Board shall submit to the State Government, as soon as 
may be after the 1st day of April every year and not later than the 30th 
day of September of that year, an annual report on the working of the 
scheme during the preceding year. Every such report shall, as soon as 
may be after it is received, be laid before the State Legislature if it is 
in session or during the session immediately following the date of receipt 
thereof. 
(4) In the exercise of its powers and the discharge of its duties, a 
Board shall be bound by such directions as the State Government may, 
for reasons to be stated in writing, give to it from time to time. 
9. There shall be paid to every member of a Board (not being a 
member representing the State Government) from the fund of the Board 
travelling and daily allowances for attending the meetings of the Board 
at such rates as may be prescribed. 
10. (1) Every Board shall maintain proper accounts and other relevant 
records and prepare an annual statement of accounts, including a balance-
sheet in such form as may be prescribed. 
(2) The accounts of the Board shall be audited annually by such 
qualified person as the State Government may appoint in this behalf 
(hereinafter referred to as the auditor). 
(3) The auditor shall, at all reasonable times, have access to the 
books of accounts and other documents of the Board and may, for the 
purposes of the audit, call for such explanation and information as he 
may require or examine any member or officer of the Board. 
(4) The accounts of the Board certified by the auditor together with 
the audited report thereon shall be forwarded annually to the State 
Government before such date as the State Government may specify in 
this behalf. 
(5) The Board shall comply with such directions as the State 
Government may, after perusal of the report of the auditor, think fit to 
give to it. 
(6) The cost of audit as determined by the State Government shall 
be paid out of the fund of the Board. 
492 
LI of 1981.] 
19 of 1952. 
34 of 1948. 
West Ben. 
Act 
XXXVIII of 
1974. 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
(Sections 11-13.) 
11. (1) No person shall be chosen as, or continue to be, a member 
of a Board if he— 
(a) is a salaried officer of the Board; or 
(b) is or at any time has been adjudged insolvent; or 
(c) is found to be a lunatic or of unsound mind; or 
(d) is or has been convicted of any offence involving moral 
turpitude; or 
(e) is an employer, or a representative of an employer, who is 
a defaulter in paying contribution under the Employees' 
Provident Funds and Miscellaneous Provisions Act, 1952, 
or the Employees' State Insurance Act, 1948, or the West 
Bengal Labour Welfare Fund Act, 1974. 
(2) The State Government may remove from office any member of 
a Board if he— 
(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 in more than three 
consecutive meetings of the Board. 
(3) Where, in the opinion of the State Government, any person 
nominated to represent the employers or the unprotected workers on a 
Board has ceased to represent such employers or workers, the State 
Government may by notification declare that with effect from such date 
as may be specified therein such person shall cease to be a member of 
the Board. 
Disqualifica-
tions and 
removal. 
12. Any member of a Board may at any time resign his office by Resignation 
writing under his hand addressed to the State Government, and his office of office by 
member. 
shall, on acceptance of the resignation, become vacant. 
13. In the event of any vacancy occurring in the office of a member Filling up of 
of a Board by reason of death, resignation, removal or otherwise, the vacancies.  
Board shall forthwith report the vacancy to the State Government, and 
the vacancy shall be filled, not later than ninety days from the date of 
occurrence of the vacancy, in accordance with the provisions of this Act, 
and the member nominated to fill the vacancy shall hold office for the 
unexpired portion of the term of office of the member in whose place 
he is so nominated: 
Provided that pending the filling up of any such vacancy, the Board 
shall continue to exercise the powers and discharge the duties conferred 
and imposed on it by or under this Act or a scheme, as if no vacancy 
has occurred. 
493 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
[West Ben. Act 
(Sections 14-16.) 
Acts or 
proceedings 
01-Board not 
to he 
invalidated. 
Recovery of 
monies due 
to Board. 
Advisory 
Committee. 
14. No act or proceeding shall be called in question or invalidated 
merely by reason of any vacancy in the Board or any defect, initial or 
subsequent, in the constitution of the Board. 
15. (1) On an application made by a Board to the Collector for the 
recovery of arrears of any amount payable to it under this Act or any 
scheme, accompanied by 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 due to the Board as 
arrears. 
(2) A certificate by the Collector shall be final and conclusive as 
to the an -ears due and the amount shall be recoverable as arrears of land 
revenue. 
16. ( I ) The State Government may constitute an Advisory Committee 
to advise upon such matters arising out of the administration of this Act 
or any scheme or relating to the application of the provisions of this Act 
to any particular class of unprotected workers or employers or the co-
ordination of the work of various Boards as the Advisory Committee 
may consider necessary or as the State Government may refer to it for 
advice. 
(2) The members of the Advisory Committee shall be appointed by 
the State Government and shall be of such number and chosen in such 
manner as may be prescribed: 
Provided that the Advisory Committee shall include an equal number 
of members representing the employers, the workers and the West Bengal 
Legislative Assembly, and shall also include such number of members 
representing the State Government as shall not exceed one-fourth of the 
total number of members of the Advisory Committee. 
(3) The Chairman of the Advisory Committee shall be appointed by 
the State Government from amongst the members appointed to represent 
the State Government. 
(4) The State Government shall publish in the Official Gazette the 
names of all the members of the Advisory Committee. 
(5) The meetings of the Advisory Committee and the procedure to 
be followed thereat shall be regulated in such manner as may be prescribed. 
(6) The term of office of the members of the Advisory Committee 
shall be such as may be prescribed. 
494 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
LI of 1981.] 
45 of I 860. 
(Sections 17, 18.) 
17. (1) A Board may appoint such persons as it thinks fit to be 
Inspectors, possessing such qualifications as may be prescribed, for the 
purposes of this Act or any scheme, and may define the limits of their 
jurisdiction. 
(2) Subject to the rules made under this Act, an Inspector may— 
(a) enter and search at all reasonable hours, with such assistance 
as he thinks fit, any premises or place where unprotected 
workers are employed or work is given out to unprotected 
workers in any scheduled employment, for the purpose of 
examining any register, record of wages or notice required 
to be kept or exhibited under any scheme, or require any 
person concerned with such register, record of wages or 
notice to produce the same for inspection; 
(b) examine any person whom he finds in any such premises 
or place and who he has reasons to believe is an unprotected 
worker employed, or is given out work, therein; 
(c) require any person giving out 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 out and in respect of the payments made or to be made 
for the said work; 
(d) seize, or take copies of, such register, record of wages or 
notice or portion thereof as he may consider relevant in 
respect of an offence under this Act or a scheme which he 
has reasons to believe has been committed by an employer; 
and 
(e) exercise such other powers as may be prescribed. 
(3) Any person required to produce any register, record of wages 
or notice or to give any information under sub-section (2) shall be bound 
to do so: 
Provided that no such person shall be required under this section to 
answer any question or to make any statement tending to incriminate 
himself. 
(4) 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. 
18. No child shall be engaged, or given out any work, in any scheduled 
employment. 
Explanation.—"Child" shall mean a person who has not completed 
the age of fifteen years. 
Inspectors 
and their 
powers. 
Prohibition 
of 
employment 
of children. 
495 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
[West Ben. Act 
Bar to carry 
load 
exceeding 
fifty-five 
kilograms in 
•weight at a 
time. 
Cognizance 
of offences. 
(Sections 19-22.) 
19. No worker shall be required by any employer to carry a load 
exceeding fifty-five kilograms in weight at a time. 
20. ( I ) No Court shall take cognizance of any offence made 
punishable by a scheme or of any abetment thereof, except on a complaint 
in writing made by an Inspector or by a person specially authorised in 
this behalf by the Board or the State Government. 
(2) Notwithstanding anything contained in the Code of Criminal 
Procedure, 1973, an offence made punishable by a scheme or an abetment 
thereof shall be triable only by a Metropolitan Magistrate or a Judicial 
Magistrate of the first class. 
2 of 1974. 
Application 
of the 
Workmen's 
Compensa-
lion Act, 
1923. to 
unprotected 
war-ken. 
Application 
of the 
Payment of 
Wages Act. 
1936. to 
workers. 
21. The provisions of the Workmen's Compensation Act, 1923 3 of 1923. 
(hereinafter referred to in this section as the said Act) and the rules made 
thereunder shall apply, mutatis mutandis, to the registered unprotected 
workers employed in any scheduled employment to which this Act 
applies; and for that purpose such workers shall be deemed to be workmen 
within the meaning of the said Act; and in relation to such workmen, 
employer shall mean, where a Board makes the payment of wages to 
any such workman, the Board, and in any other case, the employer as 
defined in this Act. 
22. (1) Notwithstanding anything contained in the Payment of 4 of 1936. 
Wages Act, 1936 (hereinafter referred to in this section as the said Act), 
the State Government may by notification direct that all or any of the 
provisions of the said Act or the rules made thereunder shall apply to 
the payment of wages to all or any class of registered unprotected 
workers employed in any scheduled employment to which this Act 
applies, with the modification that in relation to such workers, employer 
shall mean, where a Board makes the payment of wages to any such 
worker, the Board, and in any other case, the employer as defined in 
this Act; and on such application of the provision or provisions of the 
said Act or the rules made thereunder, an Inspector appointed under this 
Act shall be deemed to be an Inspector for the purpose of enforcement 
of such provision or provisions of the said Act or the rules made thereunder 
within the local limits of his jurisdiction. 
(2) The State Government may, only if the Advisory Committee so 
advises, by a like notification, cancel or vary any notification under sub-
section (1). 
496 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
LI of 1981.] 
(Sections 23-25.) 
23. Notwithstanding anything contained in the Maternity Benefit 
53 of 1961. 
	
	 Act, 1961 (hereinafter referred to in this section as the said Act) the State 
Government may by notification direct that all or any of the provisions 
of the said Act or the rules made thereunder shall appy to an establishment 
wherein registered unprotected women workers are employed in any 
scheduled employment to which this Act applies; and for that purpose 
the workers concerned shall be deemed to be women within the meaning 
of the said Act; and in relation to such women, employer shall mean, 
where a Board makes the payment of wages to any such woman, the 
Board, and in any other case, the employer as defined in this Act; and 
on such application of the provision or provisions of the said Act or the 
rules made thereunder, an Inspector appointed under this Act shall be 
deemed to he an Inspector for the purpose of enforcement of such 
provision or provisions of the said Act or the rules made thereunder 
within the local limits of his jurisdiction. 
24. Nothing contained in this Act shall affect the rights or privileges 
of whatever kind enjoyed by any registered unprotected worker, employed 
in any scheduled employment, on the date of coming into force of this 
Act under any other law for the time being in force or under any contract, 
custom or usage applicable to such worker, if such rights or privileges 
are more favourable to him than the rights or privileges to which he 
would be entitled under this Act or any scheme: 
Provided that no such worker shall be entitled to any corresponding 
benefit under the provisions of this Act or a scheme. 
Application 
of the 
Maternity 
Benefit Act. 
1961, to 
unprotected 
workers. 
Rights and 
privileges 
under other 
laws not 
affected in 
certain 
cases. 
25. The State Government may, after consulting the Advisory Exemptions. 
Committee, by notification exempt, subject to such conditions and for 
such period as may be specified in the notification, from the operation 
of all or any of the provisions of this Act or any scheme any class of 
unprotected workers employed in any scheduled employment or in any 
establishment, if in the opinion of the State Government such unprotected 
workers are in receipt of benefits not less favourable than the benefits 
under this Act or any scheme: 
Provided that before any such notification is issued, the State 
Government shall, by a notice, published in the Official Gazette, of its 
intention to exempt from the operation of all or any of the provisions 
of this Act or any scheme any class of unprotected workers as aforesaid, 
invite objections and suggestions in respect thereto, and no such 
notification shall be issued until a period of one month has expired from 
the date of publication of the notice in the Official Gazette and the 
objections and suggestions, if any, received by it during such period have 
been considered: 
497 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
[West Ben. Act 
(Sections 26, 27.) 
Provided further that the State Government may, at any time, by 
notification and for reasons to be specified therein, rescind any such 
notification as aforesaid. 
Inquiry into 
xvorkine of 
Board. 
Supersession 
of Board. 
26. (I) The State Government may, at any time, appoint any person 
to investigate or inquire into the working of any Board or scheme and 
submit a report to the State Government in this regard. 
(2) The Board shall give to the person so appointed all facilities for 
the proper conduct of the investigation or inquiry and furnish to him such 
documents, accounts or information in possession of the Board as he may 
require. 
(3) Any person appointed to investigate or inquire into the working 
of any Board or scheme shall exercise all the powers of an Inspector 
appointed under this Act. 
27. (1) If, on consideration of the report under section 26 or otherwise, 
the State Government is of opinion- 
-(a) that a Board is  unable to disrhArge its duties,  or  
(b) that a Board has persistently made default in the discharge 
of its duties or has exceeded or abused its powers, 
the State Government may by notification supersede the Board for 
such period not exceeding twelve months as may be specified in the 
notification: 
Provided that before issuing a notification under this sub-section on 
any of the grounds mentioned in clause (b), the State Government shall 
give a reasonable opPortunity to the Board to show cause why it should 
not be superseded and shall consider the explanations and objections, 
if any, of the Board. 
(2) Upon the publication of a notification under sub-section (1),— 
(a) all the members of the Board shall, as from the date of such 
publication, vacate their offices as such members; 
(b) all the powers and duties which may be exercised or 
discharged by the Board shall, during the period of 
supersession, be exercised or discharged by the State 
Government or by such person as may be specified in the 
notification; 
(c) all funds and other property vested in the Board shall, 
during the period of supersession, vest in the State 
Government. 
498 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
LI of 1981.] 
(Sections 28-32.) 
(3) On the expiration of the period of supersession specified in the 
notification under sub-section ( I), the State Government may— 
(a) extend the period of supersession for such further period not 
exceeding six months as it may consider necessary so 
however that the aggregate period of supersession shall not 
exceed eighteen months; or 
(b) re-establish the Board in the manner provided in section 6. 
28. Any contract or agreement, whether made before or after the Contracting 
commencement of this Act, whereby a registered unprotected worker out. 
relinquishes or reduces any right conferred on him, by, or any privilege 
or concession accruing to him under, this Act or any scheme shall be 
void and of no effect in so far as it purports to deprive him of such right 
or privilege or concession. 
29. The State Government. after giving by notification not less than 
two months' notice of its intention so to do, may, by like notification, 
modify any employment specified in the Schedule or add to the Schedule 
any employment in respect of which it is of opinion that the provisions 
of this Act should apply, and thereupon the Schedule shall be deemed 
to be amended accordingly and the provisions of this Act shall apply 
to such employment as modified or added. 
30. Save as otherwise expressly provided in this Act, any person, 
who contravenes any of the provisions of this Act or the rules made 
thereunder, shall, on conviction, be punishable with fine which may 
extend to one thousand rupees, and in the case of a continuing 
contravention, with a further fine which may extend to two hundred 
rupees per day during which such contravention continues after the first 
conviction. 
31. No suit, prosecution or other legal proceeding shall lie against 
the State Government or a Board or the Chairman or any other member 
of a Board or of the Advisory Committee, or an Inspector or any other 
person, or any officer of a Board, for anything which is in good faith 
done or intended to be done under this Act or the rules made thereunder 
or under any scheme. 
Power to 
amend 
Schedule. 
General 
penalty for 
offences. 
Protection of 
action taken 
in good 
faith. 
32. (1) The State Government may, subject to the condition of Power to 
previous publication, by notification make rules for carrying out the make rules.  
purposes of this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing power, such rules may provide for all or any of the matters 
which may be, or are required to be, prescribed. 
499 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
[West Ben. Act 
(Section 33 and the Schedule.) 
Schemes and 
rules to be 
laid before 
the State 
Legislature. 
33. Every scheme and every rule made under this Act shall be laid 
before the State Legislature while it is in session for a total period of 
thirty days which may be comprised in one session or in two successive 
sessions, and if, before the expiry of the session in which it is so laid 
or the session immediately following, the State Legislature makes any 
modification in the scheme or the rule or directs that the scheme or any 
provision thereof or the rule should not be made, the scheme or such 
provision thereof or the rule shall, from the date of publication of a 
notification in this behalf, have effect only in such modified form or be 
of no effect, as the case may be, so, however, that any such modification 
or annulment shall be without prejudice to the validity of anything 
previously done or omitted to be done under that scheme or the provision 
thereof or under that rule, as the case may be. 
THE SCHEDULE 
[See sections 2(11) and 291 
1. Employment in cereals, pulses, edible oils, sugar, salt, gur, tea, 
vegetable, fruit, fish, spices and other food-stuff wholesale markets, 
including arats, golas and wholesale shops, in connection with loading, 
unloading. stacking, carrying, weighing, measuring, filling, bagging, 
stitching, sorting, cleaning, blending, marking, repairing chests and crates, 
and work preparatory or incidental to such operations and supervision 
thereof. 
2. Employment in cotton/cotton textile/cloth/garments wholesale 
markets. including godowns and wholesale shops, in connection with 
loading, unloading, stacking, carrying, weighing, measuring, filling, 
baling, pressing, stitching, sorting, cleaning, and work preparatory or 
incidental to such operations and supervision thereof. 
3. Employment in jute/jute textile/gunny wholesale markets, 
including godowns and wholesale shops, in connection with loading, 
unloading, stacking, carrying, weighing, measuring, filling, baling, 
pressing, stitching, sorting, cleaning, marking, and work preparatory or 
incidental to such operations and supervision thereof. ' 
4. Employment in iron and steel godowns and stockyards in 
connection with loading, unloading, stacking, carrying, weighing, 
measuring, packaging, batching, sorting, and work preparatory or 
incidental to such operations and supervision thereof. 
500 
The West Bengal Mazdoor, Tindal, Loader, Godownman and Other 
Workers (Regulation of Employment and Welfare) Act, 1981. 
LI of 1981.] 
9 of 1948. 
(The Schedule.) 
5. Employment in godowns, stockyards, warehouses, transhipment 
points or bulk delivery points in connection with loading, unloading, 
stacking, carrying, weighing, measuring, filling, bagging, stitching, sorting, 
cleaning, blending, marking, repairing chests and crates, baling, pressing, 
packaging, batching and work preparatory or incidental to such operations 
and supervision thereof. 
6. Employment in docks, jetties and wharves in connection with 
loading, unloading, stacking, carrying, weighing, measuring, baling, 
pressing, bagging, stitching, packaging, batching, and work preparatory 
or incidental to such operations and supervision thereof, except 
employment of a dock worker within the meaning of the Dock Workers 
(Regulation of Employment) Act, 1948. 
7. Employment of casual nature in factories and other establishment, 
in connection with loading, unloading, stacking, constructions, repairs, 
and work preparatory or incidental to such operations and supervision 
thereof. 
8. Employment in building construction, road building and irrigation 
works in connection with loading, unloading, stacking, carrying, 
construction, repairs, and work preparatory or incidental to such operations 
and supervision thereof. 
9. Employment in railway yards and goods-sheds in connection 
with loading, unloading, stacking, carrying, weighing, measuring, filling, 
bagging, baling, pressing, packaging, batching, stitching, sorting, cleaning, 
blending, marking, repairing chests and crates, and work preparatory or 
incidental to such operations and supervision thereof. 
10. Employment in connection with transportation of men and 
material by manual labour. 
1.1. Employment of manual labour in connection with any work, not 
specified in this Schedule in any place where exclusively manual labour 
is used for the performance of such work and supervision thereof. 
501 

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