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

THE TAMIL NADU MANUAL WORKERS (REGULATION OF EMPLOYMET AND CONDITONS OF WORK) ACT, 1982* (No.33 of 1982)

[1st June, 1982

An Act for regulating the employment of manual workers employed in certain employments in the State of Tamil Nadu and the conditions of their work and security of their employments and for certain other matters connected therewith.

BE in enacted by the Legislature of the State of Tamil Nadu in the Thirty-third Year of the Republic of India as follows: ---

(1) This Act may be called the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982. (2) It extends to the employments specified in the Schedule. (3) It shall come into force on such date as the State Government may, by notification, appoint ; and different dates may be appointed for different areas, for different employments and for different provisions of this Act.

In this Act, unless the context otherwise requires, (1) "Advisory Committee" means an Advisory Committee constituted under section 15; (2) "Board" means a Board established under section 6; (3) "child" means a person who has not completed sixteen years of age ; (4) "contractor" in relation to a manual worker, means a person who undertakes to execute any work for an establishment by engaging such workers on hire or otherwise, or who supplies such workers either in groups, gangs or as individuals ; and includes a sub-contractor, an agent, or a maistry ; (5) "employer" in relation to any manual worker engaged by or through contractor, means the principal employer and in relation to any other manual worker, the person who has ultimate control over the affairs of the establishment and includes any other person to whom the affairs of such establishment are entrusted, whether such person is called an agent, manager or is called by any other name prevailing in the scheduled employment ; (6) "establishment" means any place or premises including the precincts thereof, in which or in any part of which any scheduled employment is being or is ordinary carried on ; (7) "family" in relation to an employer means the spouse, son, daughter, father, mother, brother or sister of such employer who lives with him and is wholly dependent on him ; (8) "Government" means the State Government ; (9) "Inspector" means an Inspector appointed under section 16 ; (10) "manual worker" means a person who is engaged or to be engaged directly or through any agency, in any scheduled employment whether for wages or not, to do manual work in any scheduled employment, and includes any person not employed by under by any employer or a contractor, but working with the permission of, or under agreement with the employer or contractor and a person who is given raw materials by an employer or a contractor for making or altering or for any work, and a person who directly engages himself in any scheduled employment but does not include any member of the family of an employer or any employee who is in the enjoyment of benefits by or under the Employees’ State Insurance Act, 1948 (Central Act XXXIV of 1948) or the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (Central Act XIX of 1952) ; (11) "principal employer" means an employer who engages manual workers by or through a contractor in any scheduled employment ; (12) "scheduled employment" means any employment specified in the schedule wherein any manual work is undertaken by the manual worker or any process or branch of manual work forming part of such employment ; (13) "scheme" means a scheme made under this Act ; (14) "wages" means all remunerations expressed in terms of of money or capable of being so expressed which would, if the terms of contract of employment, express or implied were fulfilled, be payable to a manual worker in respect of work done in any scheduled employment but does not include (i) The value of any house accommodation, supply of light, water, medical attendance, or any other amenity or any service excluded from the computation of wages by general or special order of the Government ; (ii) any contribution paid by the employer to any pension fund or provident fund or under any scheme of social insurance and the interest which may have accrued thereon ; (iii) Any travelling allowance or the value of any travelling concession ; (iv) Any sum paid to the manual worker to defray special expenses entailed on him by the nature of his employment ; or (v) Any gratuity payable on discharge. (j) for the manner in which, and the persons by whom, the cost of operating the scheme is to be defrayed, including any contributions to the fund by employers and manual workers and the rate of such contributions ; (k) for appointing the persons or authorities who are to be responsible for the administration of the scheme, and for the administration of funds constituted for the purpose aforesaid ; (l) for such incidental and supplementary matters, as may be deemed necessary or expedient for giving effect to the purpose of a scheme ; (3) The scheme may further provide that a contravention of any provision thereof shall be punished with imprisonment for such term as may be specified (but in no case exceeding three months in respect of a first contravention or six months in respect of any subsequent contraventions), or with fine which may extend to such amount as may be specified (but in no case exceeding five hundred rupees in respect of a first contravention, or one thousand rupees in respect of any subsequent contraventions) or with both imprisonment and fine and if the contravention is continued after conviction, with a further fine which may extend to one hundred rupees for each day on which the contravention is so continued.

(1) For the purpose of ensuring an adequate supply and full and proper utilization of manual workers in scheduled employments, and generally for making better provision for the terms and conditions of employment of such workers, the Government may by means of a scheme provide for the registration of employers and manual workers in any scheduled employment or employments, and provide for the terms and conditions of work of manual workers, and make provision for the general welfare in such employments. (2) In particular, a scheme may provide for all or any of the following matters, that is to say (a) for the application of the scheme to such classes of manual workers and employers, as may be specified therein ; (b) for defining the obligations of manual workers and employers subject to the fulfillment of which the scheme may apply to them ; (c) for regulating the requirement and entry into the scheme of manual workers and the registration of such workers and employers, including the maintenance of registers, removal either temporarily or permanently, of names from the registers, and provision for appeal against such removal to the prescribed authority, and the imposition of fees for registration ; (d) for regulating the employment of manual workers and the 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 period during which employment or full employment is not available to manual workers though they are available for work, such manual workers will, subject to the conditions of the scheme receive a minimum wage ; (f) for prohibiting, restricting or otherwise controlling the employment of manual workers to whom the scheme does not apply, and the employment of manual workers by employers to whom the scheme does not apply ; (g) for the welfare of manual workers covered by the scheme in so far as satisfactory provision therefore, does not exist, apart from the scheme ; (h) for health and safety measures in places where the manual workers are engaged, in so far as satisfactory provision therefor, is required but does not exist, apart from the scheme ; (i) for the constitution of any fund or funds including provident fund for the benefit of manual workers, the vesting of such funds, the payment and contributions to be made to such funds (provision for provident fund and rates of contribution being made after taking into consideration the provisions of the Employees’ Provident Funds and Miscellaneous provisions Act, 1952 (Central Act XIX of 1952) and the scheme framed thereunder with suitable modifications, where necessary, to suit the conditions of work of such manual workers) and all matters relating thereto ;

If any question arises whether any scheme applies to any class of manual workers or employers, the matter shall be referred to such authority as may be prescribed in this behalf and the decision of such prescribed authority made after consultation with the Advisory Committee on the question shall be final.

(1) The Government may, by notification, establish a Board to be known by such name as may be specified in the notification for any scheduled employment in any area. One or more Boards may be appointed for one or more scheduled employments, and for one or more areas. (2) Every such Board shall be a body corporate with the name aforesaid, having perpetual succession and common seal, with power to acquire, hold and dispose of property, and to contract, and may by that name sue or be sued. (3) The Board shall consist of members nominated from time to time by the Government representing the employers, the manual workers, and the Government. (5) The Chairman of the Board shall be one of the members appointed to represent the Government, nominated in this behalf by the Government. (6) After nomination of all the members of the Board including the Chairman, the Government shall, by notification, publish the names of all the members of the Board. (7) The term of office of members of the Board shall be such as may be prescribed. (8) The meetings of the Board and procedure to be followed for the purpose and all matters supplementary or ancillary thereto shall, subject to the approval of the Government be regulated by the Board itself. (4) * * *

(1) Where by reason of employers or manual workers in any scheduled employment refusing to nominate persons for representing them on the Board or for any reasons whatsoever, it appears to the Government that it is unable to establish a Board for such scheduled employment in accordance with the provisions of section 6, the Government may, by notification appoint a person who shall hold office until a Board is duly established under section 6 for such scheduled employment. (2) The person so appointed shall be deemed to constitute the Board for the time being, and shall exercise all the powers and perform and discharge all the duties and functions conferred and imposed upon the Board by or under this Act. He shall continue in office until the day immediately preceding the date of the first meeting of such Board. (3) The person constituting the Board shall receive such remuneration from the fund of the Board, and the terms and other conditions of services shall be such as the Government may determine.

(1) The Board shall be responsible for administering a scheme, and shall exercise such powers and perform such functions as may be conferred it by the scheme. (2) The Board may take such measures as it may deem fit for administering the scheme. (3) Notwithstanding anything contained in any other law, the Board may nominate persons or officers who would be competent to act on behalf of any manual worker to initiate action for making any claim under any law or rules made thereunder or award or settlement made under any such law and appear on behalf of the manual worker in such proceedings. (4) Notwithstanding anything contained in section 36 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), the Board may nominate persons or officers who would be competent to act in an industrial dispute raised individually under section 2-A or collectively under section 2 (k) of the said Act to represent the workers in any conciliation proceedings or proceedings before Labour Courts, Industrial Tribunal or National Tribunal or before an Arbitrator under section 10-A of the said Act, if the Board has been authorised by the manual workers. (5) The Board shall submit to the Government as soon as may be, after the first day of April every year, the annual report on the working of the scheme during the proceeding year ending on thirty-first

(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including a balance-sheet in such from as may be prescribed. (2) The accounts of the Board shall be audited annually by such qualified person as the Government may appoint in this behalf. (3) The auditor shall at all reasonable time have access to the books of accounts and other documents of the Board. and may for the purposes of the audit. Call for such explanation and information as he may require or examine any member or officer of the Board. The accounts of the Board certified by the auditor, together with the audited report thereon shall be forwarded annually to the Government before such date as the Government may specify in this behalf. The Board shall comply with such directions as the Government may after perusal of the report auditor, think fit to issue. The cost of audit, as determined by the Government, shall be paid out of funds of the Board.

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

Any member of the Board may at any time resign his office by writing under his hand addressed to the Government, and his office shall, on acceptance of resignation by the Government, become vacant.

In the event of day vacancy occurring on account of death, resignation, disqualification or removal or otherwise. the Board shall forthwith communicate the occurrence to the Government and the vacancy shall be filled not later than ninety days from the date of the occurrence of the vacancy, and the person nominated to fill in the vacancy shall hold office so long only as the member in whose place he is nominated would have held it if the vacancy had not occurred : Provided that during any such vacancy, the continuing members may act as if no vacancy has occurred.

No act or proceedings of the Board shall be questioned or invalidated merely by reason of any vacancy in its membership or by reason of any defect in the constitution thereof.

(1) On an application made by the Board for the recovery of arrears of any sum payable to it under this Act or any scheme and on its furnishing a statement of accounts in respect of such arrears, the Collector may, after making such inquiries as he deems fit grant a certificate for the recovery of the amount stated therein to be due as arrears. (2) A certificate by the Collector shall be final and conclusive as to the arrears due. The arrears stated to be due therein shall then be recovered as arrears of land revenue by the Collector and remitted to the Board.

(1) The Government may constitute an Advisory Committee to advise upon such matters arising out of the administration of this Act or any scheme made under this Act or relating to the application of the provisions of this Act to any particular class of manual workers and employers, or co-ordination of the work of various Boards, as the Advisory Committee may itself consider to be necessary or as the Government may refer it for advice. (2) The members of the Advisory Committee shall be appointed by the Government and shall be of such number and chosen in such manner as may be prescribed : Provided that the Advisory Committee shall include an equal number of members representing employers, manual workers and the Legislature of the State and members representing the Government not exceeding one-fourth of its total number of members. (3) The Chairman of the Advisory Committee shall be one of the members appointed to represent the Government, nominated in this behalf by the Government. (4) The Government shall publish in the Tamil Nadu Government Gazette the names of all the members of the Advisory Committee. (5) The meetings of the Advisory Committee and procedure to be followed for the purpose shall be regulated according to rules made under this Act. (6) The term of office of members of the Advisory Committee shall be such as may be prescribed.

(1) The Board may appoint such persons as it think fit to be Inspectors possessing the prescribed qualifications for the purposes of this Act or of any scheme and may define the limits of their jurisdiction. (2) Subject to any rules made by the Government in this behalf, an Inspector may – (a) enter and search at all reasonable hours, with such assistants as he thinks fit, any premises or place, where manual workers are employed, or work is given out to manual workers in any scheduled employment, for the purpose of examining any register, record of wages or notices required to be kept or exhibited under any scheme, and require the production thereof, for inspection ; (b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is a manual workers employed therein or a manual worker to whom work is given out therein ; (c) require any person giving any work to manual worker or to a group of manual workers to give any information, which is in his power to give, in respect of the names and addresses of the persons to whom the work is given, and in respect of payments made, or to be made, for the said work; (d) seize or take copies of such registers, records of wages or notices or portions thereof as he may consider relevant, in respect of an offence under this Act or scheme, which he has reason to believe has been committed by an employer: and (e) exercise such other powers as may be prescribed: Provided that no one shall be required under the provisions of this section to 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 (Central Act XLV of 1860)

The employer of an industrial premises shall furnish any information that an Inspector may require for the purpose of satisfying himself whether any provision of this Act, or the rules made thereunder has been complied with or whether any order of an Inspector has been duly carried out. Any demand by an Inspector of any such information if made during the course of an inspection shall be complied with forthwith if the information is available in the industrial premises or if made in writing shall be complied with, within seven days of receipt thereof.

No child shall be required or allowed to work in any scheduled employment.

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 authorized in this behalf by the Board or Government within three months of the date on which the alleged commission of the offence came to the knowledge of the Inspector : Provided that if the offence consists of disobeying a written order made by the Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

The provisions of the Workmen’s Compensation Act, 1923 (Central Act VIII of 1923) and the rules made from time to time thereunder, shall mutatis mutandis apply to manual workers employed in any scheduled employment to which this Act applies, and for that purpose they shall be deemed to be workmen within the meaning of that Act; and in relation to such workmen, employer shall mean where a Board makes payment of wages to any such workmen, the Board, and in any other case, the employer as defined in this Act.

Notwithstanding anything contained in the Payment of Wages act, 1936 (Central Act IV of 1936) the Government may by notification direct that all or any of the provisions of the said Act or the rules made thereunder shall apply to all any class of manual workers employed in any scheduled employment to which this Act applied. With the modification that in relation to manual workers.

Notwithstanding anything contained in the Maternity Benefit Act, 1961 (Central Act 53 of 1961), 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 manual women workers employed in any scheduled employment to which this Act applies and for that purpose they 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 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 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 his jurisdiction.

Notwithstanding anything contained in the Minimum Wages Act, 1948 (Central Act XI of 1948), the provisions of that Act shall apply to the manual workers employed in any scheduled employment, as if the employment specified in the schedule to this Act had been specified in the schedule to the said Central Act.

Nothing contained in this Act shall affect any rights or privileges, which any manual 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 workers, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act and the scheme: Provided that such worker will not be entitled to receive any corresponding benefit under the provisions of this Act and the scheme.

The Government may in consultation with the Advisory Committee, by notification and subject to such conditions and for such period as may be specified in the notification, 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 manual workers employed in any scheduled employment, or in any establishment or part of any establishment of any scheduled employment, if in the opinion of the Government all such manual workers or such class or classes of workers, are in the enjoyment of benefits which are on the whole not less favourable to such manual workers than the benefits provided by or under this Act or any scheme framed thereunder : Provided that the Government may, by notification, at any time, for reason to be specified, rescind the aforesaid notification.

(1) The Government may at any time appoint any person to investigate or enquire into the working any 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 investigation or inquiry, 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 inquire into the working of any Board or scheme may exercise all the powers of an Inspector appointed under this Act.

(1) If the Government on consideration of the report referred to in sub-section (1) of section 26 or otherwise is 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 reconstitute it in the prescribed manner, within a period of twelve months from the date of supersession. The period or supersession may be extended for sufficient reasons by a like notification by not more than six months: Provided that before issuing a notification under this sub-section on any of the grounds mentioned 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 powers, duties and functions of the Board under this Act shall be exercised and performed by the Government, or by 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 powers and functions, which may be exercised or performed by the Board, shall during the period of supersession, be exercised or 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.

Any contract or agreement, whether made before or after the commencement of this Act, whereby a manual 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 effect in so far as it purports to deprive him of such right or privilege or concession.

The Government may by notification modify any item of 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 the provisions of the Act shall thereupon apply to such employment as modified or added.

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 Rs. 500, and in case of continued contravention thereof, with an additional fine which may extend to Rs. 100 per day for every day during which such contravention continues.

No suit, prosecution or other legal proceedings shall lie against the Government or the Board or the Chairman, Secretary, or any member of the Board or Advisory Committee, or any Inspector or any other officers of the Board for anything which is in good faith done or intended to be done in pursuance of this Act, or any rule or order made thereunder.

(1) The Government may make rules for carrying out all or any of the purposes of this Act. (2) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are published. (b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published. (3) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the Table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly agrees that the rule or notification should not be made or issued, the rule or notification shall thereafter 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 under that rule or notification.

1[56. Employment in domestic works. 57. Employment in cycle repairs].

2[58. Employment in agriculture.]

3[59. Employment in sculpture (in stone and other materials). 4[60. Employment in handicrafts including articles manufactured from clay and paper pulp. 61. Employment in cigar manufactory. 62. Employment as artist. 63. Employment in video and photography. 64. Employment in sound and light services. 65. Employment in repairing and servicing of electronic goods and equipments. 66. Employment in all temples, excluding temples under the control of the Hindu Religious and Charitable Endowment Department.]

4[60. Employment in handicrafts including articles manufactured from clay and paper pulp. 61. Employment in cigar manufactory. 62. Employment as artist. 63. Employment in video and photography. 64. Employment in sound and light services. 65. Employment in repairing and servicing of electronic goods and equipments. 66. Employment in all temples, excluding temples under the control of the Hindu Religious and Charitable Endowment Department.]

5[67. Employment in folk arts (playing folk musical instruments) such as melam, nathaswaram, thavil, aadhi melam (parai), thharai, thappattai, urimbi melam, naiyandi melam and band, etc.]

6[68. Employment in Scavenging Work (Unclean Occupation).]

Employment in connection with loading, unloading, stacking, packing, carrying, weighting, measuring or such other manual work including work preparatory or incidental to such operations : --- (a) in any market or shop or depot, or factory or warehouse or godown or any other establishment ; (b) in docks not being employment of dock worker within the meaning of Dock workers (Regulation of Employment) Act,1948 (Central Act IX of 1948) ; (c) in railway yards and goods sheds of manual workers who are not employed by Railway Authorities ; (d) in any market under the control of Market Committees constituted under the Tamil Nadu Agricultural Procedure Markets Act, 1959 (Tamil Nadu Act 23 of 1959) 2. Employment in connection with loading of goods into public transport vehicles or unloading of goods therefrom and any other operation incidental or connected thereto. 3. Employment in connection with loading, unloading and carrying of food grains into godowns, sorting and cleaning of food grains, filling food grains in bags, stitching of such bags and such other work incidental and connected thereto. 4. Employment in salt pans. 5. Employment in fishing industry. 6. Employment in toddy tapping. 7. Employment in boat working. 8. Employment in timber industry. 9. Employment in coir industry. 10. Employment in construction or maintenance of dams, bridges, roads or in any building operations. 11. Employment in stone breaking or stone crushing. 12. Employment in tanneries and leather manufactory. 1[13. Employment in automobile workshop. 14. Employment in appalam manufactory. 15. Employment in bleaching and dyeing. 16. Employment in bullock-cart driving. 17. Employment in bricks and tiles manufactory. 18. Employment in construction of pandals. 19. Employment in cooking food. 20. Employment in coconut peeling. 21. Employment in collection of forest produce. 22. Employment in catering establishments. 23. Employment in cashew nut industry. 1[24. Employment in driving auto rickshaws, taxi, van, tempo, lorries and buses other than those owned by the Government Departments.] 25. Employment in distribution of liquid petroleum gas cylinders. 26. Employment in driving cycle rickshaws. 27. Employment in engineering works. 28. Employment in fire and match works. 29. Employment in folding textiles goods. 30. Employment in footwear and leather goods manufactory. 31. Employment in gunny industry. 32. Employment in gold and silver articles manufactory. 33. Employment in handlooms and handlooms silk weaving. 34. Employment in incense sticks manufactory. 35. Employment in laundries and washing clothes. 36. Employment in neera tapping. 37. Employment in nib-making. 38. Employment in flour mills, oil mills, dhall mills and rice mills. 39. Employment in printing presses. 40. Employment in poweloom industry. 41. Employment in private security services. 42. Employment in plastic industries. 43. Employment in Pottery works. 44. Employment in rag-picking. 45. Employment in hair dressing and beauty parlour. 46. Employment in street – vending. 47. Employment in sago industry. 48. Employment in synthetic gem cutting. 49. Employment in sericulture. 50. Employment in shops and establishments. 51. Employment in tailoring. 52. Employment in tree climbing. 53. Employment in tin containers manufactory. 54. Employment in vessels manufactory. 55. Employment in wood working units.