The Gujarat Unprotected Manual Workers (Regulation of Employment and Welfare) Act, 1979

Short title, extent and commencement.

1. (1) This Act may be called the Gujarat Unprotected Manual Workers (Regulation of Employment and Welfare) Act, 1979.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (1) "Board" means a Board established under section 6;
2. (2) "contractor", in relation to an unprotected worker, means a person who undertakes to execute any scheduled employment for a principal employer through workers, or who supplies, either on his own account or as an agent for any person, either unprotected workers to work for any principal employer or workers to a principal employer and includes a sub-contractor, agent, or any other intermediary;
3. (3) "employer", in relation to an unprotected worker engaged by or through a 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 (including the place where the work is performed) and includes any other person to whom the affairs of such establishment is entrusted, whether such person is called an agent, manager or by any other name pre-vailing in the scheduled employment;
4. (4) "family", in relation to an unprotected worker, means his or her spouse and children dependent upon him or her;
5. (5) "Inspector" means an Inspector appointed under section 17;
6. (6) "principal employer", in relation to any unprotected worker engaged by or through a contractor, means the person for whom or on whose behalf or for the benefit of whom any scheduled employment is carried on or performed;
7. (7) "scheduled employment" means any employment specified in the Schedule hereto or any process or branch of work forming part of such employment;
8. (8) "scheme" means a scheme made under this Act;
9. (9) "unprotected worker" means a manual worker who is engaged or to be engaged in any scheduled employment;
10. (10) "wages" means all remuneration (whether by way of salary, allowance or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to an unprotected worker employed in respect of his employment or of work done in such employment, and includes—
    • (a) any remuneration payable under any settlement or order of any authority;
    • (b) any remuneration to which the worker is entitled in respect of overtime work or holidays or any leave period;
    • (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
    • (d) any sum which by reason of the termination of employment of the worker is payable under any law, contract or instrument which provides for the payment of retrenchment compensation, gratuity or other terminal benefit, or compensation for any loss of employment or shortened notice period of employment;
    • (e) any sum to which the worker is entitled under any scheme framed under this Act; but does not include—
      • (i) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or any order of a court;
      • (ii) the value of any house accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;
      • (iii) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
      • (iv) any travelling allowance or the value of any travelling concession;
      • (v) any sum paid to the worker to defray special expenses entailed on him by the nature of his employment;
      • (vi) any gratuity payable otherwise than under the provisions of any law for the time being in force (or under a contract or instrument);
11. (11) "worker" means a person who is employed or is to be employed in any scheduled employment; ( Provided that nothing in this Act shall apply to any worker who is employed in any establishment or factory or mine or any other place of employment where the provisions of the Factories Act, 1948 or the Mines Act, 1952 are applicable or who is covered by the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 or the Employees' State Insurance Act, 1948).

Scheme for ensuring regular employment of unprotected workers.—

1. (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 provision for the terms and conditions of employment of unprotected workers, the State Government may by means of a Scheme provide for the registration of unprotected workers and employers in any scheduled employment or employments, and the regulation of the employment of unprotected workers, whether registered or not, in such employments.
2. (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 unprotected workers and employers, in such areas, and from such dates, as may be specified in the Scheme;
   • (b) for establishing or constituting a Board for any scheduled employment in any area;
   • (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 unprotected workers, whether registered or not, and the terms and conditions of such employment, including rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof;
   • (e) for securing that, in respect of periods during which employment or full employment is not available to registered unprotected workers, they shall be paid such fall-back wages as may be specified;
   • (f) for prohibiting, restricting or otherwise controlling the employment of unprotected workers to whom the Scheme does not apply, and the employment of unprotected workers by employers to whom the Scheme does not apply;
   • (g) for the welfare of unprotected workers covered by the Scheme, including medical benefit, children's education, recreation, canteens, housing and such other amenities;
   • (h) for health and safety measures in places where the unprotected workers are engaged;
     • (i) for the constitution of any fund or funds, including provident fund, for the benefit of unprotected workers, the vesting of such funds, the payment and contribution to be made to such funds and all matters relating thereto;
   • (j) for the manner in which, and the person by whom, the cost of operating the Scheme is to be defrayed, including contributions to be made by employers and unprotected workers, and the manner of recovery of such contributions;
   • (k) for constituting or appointing persons or authorities, who are to be responsible for the administration of the Scheme;
   • (l) for such incidental and supplementary matters as may be necessary or expedient for giving effect to the purposes of a Scheme.

Making, variation and revocation of scheme.—

1. (1) The State Government may, after consultation with the Advisory Committee, by notification in the Official Gazette, make one or more Schemes for any scheduled employment or employments in any area or areas.
2. (2) The State Government may, after consultation with the Advisory Committee, by like notification, add to, amend, vary or substitute any Scheme made under this Act.
3. (3) The State Government may, at any time, if after consultation with the Advisory Committee it appears to it that the provisions of any Scheme are not necessary or desirable, by like notification, revoke any Scheme made under this Act: Provided that before giving effect to any revocation such as is referred to in this sub-section, the State Government shall give to the Board and the employers and unprotected workers concerned, a reasonable opportunity to make representations against the proposed revocation and shall consider any representations which may be made.

Disputes regarding application of scheme.—If any question arises whether any scheme applies to any class of unprotected workers or employers, the matter shall be referred to the State Government and the decision of the State Government on the question, which shall be taken after consulting the Advisory Committee, shall be final.

Constitution of Board.—(1) The State Government may, by notification in the Official Gazette, establish a Board to be known by such name as may be specified in the notification for any scheduled employment in any area.

1. (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 or be sued.
2. (3) The Board shall consist of members nominated by the State Government representing the employers, the unprotected workers, and the State Government.
3. (4) The members representing employers and 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 representing employers and unprotected workers.
4. (5) The Chairman of the Board shall be one of the members appointed to represent the State Government, nominated in this behalf by the State Government.
5. (6) After nomination of all the members of the Board including the Chairman, the State Government shall, by notification in the Official Gazette, publish the names of all the members of the Board.
6. (7) The term of office of members of the Board shall be such as may be prescribed.
7. (8) The meetings of the Board and the procedure to be followed for the purpose and all matters supplementary or ancillary thereto shall, subject to the approval of the State Government, be such as may be laid down by the regulations.

Powers and duties of Board.

1. (1) The Board shall exercise such powers and perform such duties as may be conferred or imposed on it by or under this Act.
2. (2) In particular, the Board may—
   • (a) take measures for the health, safety and welfare of unprotected workers;
   • (b) collect such information from the employers as it may consider necessary;
   • (c) make recommendations to the State Government for the better working of this Act;
   • (d) perform such other functions as the State Government may, by notification in the Official Gazette, direct.

Accounts and audit.

1. (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as may be prescribed.
2. (2) The accounts of the Board shall be audited annually by the Examiner of Local Fund Accounts, Gujarat State, or by such other auditor as the State Government may appoint.
3. (3) The auditor shall, for the purpose of the audit, have access to all the accounts and other records of the Board.
4. (4) The Board shall furnish to the State Government a copy of its audited accounts together with the auditor's report thereon.

Disqualification and removal.

1. (1) No person shall be chosen as, or continue to be, a member of a Board who—
   • (a) is a salaried officer or employee of the Board; or
   • (b) is or at any time has been adjudged insolvent; or
   • (c) is found to be a lunatic or becomes of unsound mind; or
   • (d) is or has been convicted of any offence involving moral turpitude.
2. (2) The State Government may remove from office any member who—
   • (a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or
   • (b) is absent without leave of the Board for more than three consecutive meetings of the Board.

Resignation of office by member. A member may resign his office by giving notice thereof in writing to the State Government, and on such resignation being accepted by the State Government, such member shall be deemed to have vacated his office.

Vacancy to be filled as early as possible.—(1) Where a member of the Board, whether nominated or elected, is unable to attend any meeting of the Board, he shall intimate this fact to the Chairman in writing and shall, unless leave of absence is granted by the Chairman, be deemed to have failed to attend the meeting.

1. (2) If a vacancy occurs in the office of a member of the Board, it shall be filled by the State Government by notification in the Official Gazette, as soon as may be.

Proceedings of Board not to be invalidated by vacancies, etc.—No act or proceeding of the Board shall be questioned or shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Board.

Advisory Committee

1. (1) The State Government may constitute an Advisory Committee to advise the Government upon such matters arising out of the administration of this Act or any scheme made under this Act or relating to the application of the provisions of this Act to any particular class of unprotected workers and employers, or co-ordination of the work of various Boards, as the Advisory Committee may think fit.
2. (2) The Advisory Committee shall consist of members to be nominated by the State Government, representing the employers, the unprotected workers and the State Government, to be appointed by the State Government.
3. (3) The number of members to be nominated to the Advisory Committee and the terms and conditions of service of members shall be such as may be prescribed.
4. (4) The meetings of the Advisory Committee shall be regulated in such manner as may be prescribed.

Power of Government to constitute Advisory Committee

1. (1) The State Government may, if it considers necessary or expedient, constitute an Advisory Committee for each of the scheduled employments or for a group of such employments.
2. (2) The Advisory Committee constituted under sub-section
3. (1) shall advise the State Government upon such matters as may be referred to it by the State Government or by the Board concerned.
4. (3) The members of the Advisory Committee shall be nominated by the State Government so as to represent the employers, the unprotected workers and the State Government in such proportion as may be prescribed.
5. (4) The number of members of the Advisory Committee and the terms and conditions of service of such members shall be such as may be prescribed.
6. (5) The meetings of the Advisory Committee shall be regulated in such manner as may be prescribed.

Allowance of members.—

1. (1) The members of the Board shall be paid such allowances, if any, from the Fund as may be prescribed.
2. (2) There shall be paid to the members of the Advisory Committee or of a Board such allowances for attending the meetings of the Advisory Committee or of the Board, as the case may be, as may be prescribed.

Inspectors.—

1. (1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act and define the local limits within which they shall exercise their powers.
2. (2) Subject to any rules made in this behalf, an Inspector may—
   • (a) enter and remain with such assistants (if any) as he thinks fit, in any premises or place where scheduled employment is being carried on 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 worker employed therein;
   • (c) require any person giving out work to an unprotected worker to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out and received, and with respect to the payments to be made for the 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 which he has reason to believe has been committed by an employer.
3. (3) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

Prohibition of employment of unprotected worker. -(1) No employer shall employ any unprotected worker in any scheduled employment to which a scheme applies, unless such worker is a registered unprotected worker.

1. (2) Every unprotected worker shall be registered under the scheme.

Cognizance of offences. -(1) No court shall take cognizance of any offence made punishable by or under this Act or any scheme or of the abetment of any such offence, except on a complaint in writing made by the Board or by an Inspector or by a person authorized in this behalf by the Board or the State Government.

1. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence made punishable by or under this Act or any scheme shall be tried by a Metropolitan Magistrate or a Judicial Magistrate of the first class.

Recovery by way of penalty.

1. (1) Any employer who fails to comply with any of the provisions of this Act or any scheme made thereunder shall, on conviction, be punished—
   • (a) for the first offence, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both;
   • (b) for a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;
   • (c) where the offence continues after conviction, with a further fine which may extend to one hundred rupees for each day on which the offence is so continued.
2. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under sub-section
3. (1) shall be tried in a summary way by a Judicial Magistrate of the First Class and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial.

Recovery of sums due. Any sum due under this Act or any scheme made thereunder, whether by an employer or a worker, may be recovered from him by the State Government or by any officer authorised by it in this behalf, as arrears of land revenue.

Protection of action taken under Act.—(1) No suit, prosecution or other legal proceeding shall lie against the Chairman, the Secretary or any other member of the Board or any inspector or any other officer or servant of the Board for anything which is in good faith done or intended to be done in pursuance of this Act or any scheme or any rule or order made thereunder.

1. (2) No suit or other legal proceeding shall lie against the Board for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any scheme or any rule or order made thereunder.

Power to make rules.—(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the term of office of, and the manner of filling casual vacancies among the members of a Board and the allowances, if any, payable to the members;
   • (b) the disqualifications for being chosen as, and for being, a member of the Board;
   • (c) the meetings of the Board, the quorum for such meetings and the conduct of business thereat;
   • (d) the terms and conditions of service of the Secretary and other officers and servants of the Board;
   • (e) the form in which a Board shall keep accounts and the manner in which the accounts shall be audited;
   • (f) the form of, and the particulars to be included in, a scheme;
   • (g) any other matter which is to be, or may be, prescribed.
2. (3) The power to make rules conferred by this section shall be subject to the condition of previous publication.
3. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

-1 23. Power to remove difficulties

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before the State Legislature.