THE MAHARASHTRA MATHADI, HAMAL AND

OTHER MANUAL WORKERS (REGULATION OF

EMPLOYMENT AND WELFARE) ACT, 1969

Date – 19th FEBRUARY 2024

JAI HIND COLLEGE - BMS DEPARTMENT
FYBMS
DIVISION-A

TEAM MEMBERS

ROLL NO. NAMES

01 ADITYA ADWANI

10 HIMANSHI BHANDARI

17 HEMISH DAWAR

19 PRISHA GANDHI

31 PREET KANKARIYA

65 YUKTA VANJARANI

1
 INDEX

Sr. No. Topic Page No.

1) INTRODUCTION 3

2) NEED FOR THE ACT 3

3) HISTORICAL PERSPECTIVE OF THE ACT 4

4) ADMINISTRATION OF THE ACT 5

5) AREAS UNDER JURISDICTION 7

6) COMPENSATION 8

7) OBSERVATION 9

8) OUR VIEWS / SUGGESTIONS 11

9) CONCLUSION 13

10) BIBLIOGRAPHY 14

2
 INTRODUCTION
In the realm of labour legislation, the Maharashtra Mathadi, Hamal, and Other
Manual Workers (Regulation of Employment and Welfare) Act, 1969 stands as a
cornerstone for the protection and welfare of manual workers in the state of
Maharashtra, India. This act, enacted over five decades ago, reflects a concerted
effort by the government to address the unique challenges faced by manual
labourers, particularly those engaged in arduous tasks in various industries. by
the government to address the unique challenges faced by manual labourers,
particularly those engaged in arduous tasks in various industries.

Our industrial visit aimed to delve into this crucial legislation's practical
implementation and impact. Through firsthand observation and interaction with
stakeholders, we sought to gain insights into the working conditions, welfare
measures, and regulatory mechanisms established under the purview of the Act.

The Maharashtra Mathadi, Hamal, and Other Manual Workers Act, 1969,
epitomizes a progressive approach towards ensuring dignity, safety, and fair
remuneration for manual labourers. By regulating their employment and
providing comprehensive welfare provisions, the Act endeavours to mitigate
exploitation and promote social justice in the labour sector.

Through this report, we aim to shed light on the practical implications of labour
legislation, highlight areas of success, identify challenges, and propose
recommendations for further enhancement. By understanding the dynamics of
the Maharashtra Mathadi, Hamal, and Other Manual Workers Act, 1969, we aspire
to contribute to ongoing dialogues on labour rights, welfare, and socio-
economic progress.

NEED FOR THE ACT

The Maharashtra Mathadi, Hamal, and Other Manual Workers (Regulation
of Employment and Welfare) Act, 1969, is imperative to safeguard the
rights and welfare of manual labourers in Maharashtra. In a landscape
marked by physically demanding and often hazardous work environments,
manual workers are vulnerable to exploitation and neglect of their basic
rights. This legislation addresses these concerns by establishing
regulations to ensure fair wages, decent working conditions, and access to
essential social security benefits. By promoting equity, social justice, and
economic development, the Act plays a crucial role in mitigating
exploitation, enhancing the dignity of labour, and fostering a conducive
environment for the well-being and productivity of manual workers and
their families.

3
 HISTORICAL PERSPECTIVE OF THE ACT

The Maharashtra Mathadi, Hamal, and Other Manual Workers

(Regulation of Employment and Welfare) Act, 1969, emerges from a
historical context marked by the need to address the plight of
manual labourers in the state of Maharashtra, India. Before the
enactment of this pivotal legislation, manual workers, including
Mathadis and Hamals, faced dire socio-economic conditions
characterized by exploitation, lack of basic rights, and hazardous
working environments.
During the pre-independence era and even in the early years post-
independence, labour laws in India were largely inadequate in
addressing the specific needs and challenges faced by manual
workers. The absence of comprehensive legislation left manual
labourers vulnerable to exploitation by employers who often
subjected them to long hours of work, low wages, unsafe conditions,
and arbitrary employment practices.
Against this backdrop, the need for dedicated legislation to regulate
the employment and welfare of manual workers became increasingly
apparent. The Maharashtra Mathadi, Hamal, and Other Manual
Workers Act, 1969, thus emerged as a response to these pressing
needs and demands for social justice and equity in the labour sector.
The Act represented a significant milestone in the history of labour
legislation in Maharashtra, signifying a shift towards recognizing and
safeguarding the rights and dignity of manual workers. Its
enactment was informed by a growing awareness of the injustices
faced by manual labourers, as well as the broader socio-political
movements advocating for labour rights and social reforms.
Through the Maharashtra Mathadi, Hamal, and Other Manual
Workers Act, of 1969, the state government sought to institutionalize
mechanisms for regulating employment practices, ensuring decent
working conditions, and providing welfare measures for manual
workers. The Act not only aimed to protect manual labourers from
exploitation but also to promote their socioeconomic empowerment
and inclusion in the development process.

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 ADMINISTRATION OF THE ACT
SECTIONS UNDER THE ACT

The administration of the Maharashtra Mathadi, Hamal, and Other

Manual Workers (Regulation of Employment and Welfare) Act, 1969,
involves several key sections aimed at regulating various aspects of
employment and welfare for manual workers. These sections
delineate the roles and responsibilities of different stakeholders in
enforcing the provisions of the Act and ensuring compliance.

Establishment of Boards (zions 3-6): The Act mandates the

establishment of statutory boards at the state and district levels
to oversee the implementation of its provisions. These boards are
responsible for registering employers and workers, fixing wages,
ensuring compliance with safety standards, and adjudicating
disputes.
Registration of Employers and Workers (Sections 7-10):
Employers engaging manual workers covered under the Act are
required to register themselves with the designated boards.
Similarly, manual workers are also required to register
themselves to avail of the benefits and protections provided by
the Act.
Fixation of Wages (Sections 11-14): The Act empowers the boards
to fix minimum rates of wages for different categories of manual
workers. These rates are determined based on factors such as the
nature of work, skill level, and prevailing socio-economic
conditions.
Working Hours and Conditions (Sections 15-19): The Act
stipulates regulations regarding the maximum working hours,
rest intervals, and overtime provisions for manual workers. It also
mandates the provision of amenities such as drinking water,
sanitation facilities, and first aid kits at the workplace.

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Health, Safety, and Welfare Measures (Sections 20-25): Employers
are required to ensure the safety and welfare of manual workers
by providing protective gear, training on safety procedures, and
access to medical facilities. The Act also outlines measures for the
prevention of accidents and occupational diseases.
Prohibition of Employment of Children (Sections 26-27): The Act
prohibits the employment of children below a certain age in
hazardous occupations and processes. It also lays down penalties
for contravention of these provisions.
Inspection and Enforcement (Sections 28-31): The Act provides for
the appointment of inspectors to conduct inspections of
workplaces to ensure compliance with its provisions. Inspectors
are vested with powers to enter premises, examine records, and
take necessary enforcement actions in case of violations.
Settlement of Disputes (Sections 32-38): Mechanisms for the
settlement of disputes between employers and workers,
including grievances related to wages, working conditions, and
termination of employment, are outlined in the Act. These include
conciliation, arbitration, and adjudication by labor courts.
Penalties and Offences (Sections 39-46): The Act prescribes
penalties for non-compliance with its provisions, including fines
and imprisonment for offences such as non-payment of wages,
violation of safety regulations, and employing unregistered
workers.
Miscellaneous Provisions (Sections 47-54): This section includes
provisions related to the maintenance of registers and records,
power to make rules, protection of action taken in good faith, and
other miscellaneous matters.

6
 AREAS UNDER THE JURISDICTION
OF THE ACT

The Maharashtra Mathadi, Hamal, and Other Manual Workers

(Regulation of Employment and Welfare) Act, 1969, extends its
jurisdiction over various sectors where manual labor is prevalent,
including but not limited to construction, transportation,
agriculture, manufacturing, and allied industries. Within these
sectors, the Act applies to a wide range of activities performed by
manual workers, such as loading and unloading of goods, carrying
heavy loads, construction work, agricultural operations, and other
manual tasks. It covers establishments employing manual workers,
including factories, warehouses, construction sites, agricultural
fields, markets, and transportation hubs. The Act's jurisdiction also
encompasses both organized and unorganized sectors, ensuring
that all manual workers, irrespective of their employment status or
sector of work, are entitled to its protections and welfare measures.
Furthermore, the Act applies to the entire geographical territory of
Maharashtra, ensuring uniformity and consistency in the regulation
of employment and welfare of manual workers across the state.

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 COMPENSATION

1. Injury Compensation: The act outlines the compensation structure for injuries
sustained during work. The amount of compensation is determined based on
the nature and severity of the injury. The intention is to provide financial support
to workers who suffer injuries while performing their duties.

2. Fatal Accidents Compensation: In the unfortunate event of a worker's death

during the course of employment, the act specifies compensation for the family
or dependents. This compensation is designed to alleviate the financial burden
on the family members due to the loss of the primary breadwinner.

3. Compensation Calculation: The act usually includes specific formulas or

guidelines for calculating compensation amounts. These calculations may take
into account factors such as the worker's wages, the degree of disability in case
of injury or the dependency of family members in case of death.

4. Claim Procedures: The act establishes clear procedures for filing and
processing compensation claims. Workers or their families typically need to
follow these procedures to ensure a smooth and timely settlement of claims.
This may involve reporting the incident promptly and providing necessary
documentation.

5. Employer's Responsibility: The act places responsibility on employers to

adhere to these compensation provisions. Employers are expected to provide a
safe working environment, and in the event of accidents or injuries, they are
obligated to ensure that workers receive their due compensation.

In summary, the Maharashtra Mathadi Act's compensation provisions are

designed to address the financial implications of workplace injuries or fatalities
for manual workers. The act's detailed guidelines aim to provide a fair and
structured approach to compensating workers for the risks associated with their
job responsibilities.

8
 OBSERVATION

1. Working Conditions:
The observation of the plastic factory revealed varying working conditions
for manual workers, with some areas adhering to safety standards while
others lacked sufficient safety measures.
While some workers were provided with personal protective equipment
(PPE) such as gloves, masks, and safety goggles, others were observed
working without adequate protection, potentially violating the provisions
of the Act.
2. Employment Practices:
The visit highlighted the presence of both registered and unregistered
manual workers within the factory, raising concerns about compliance
with the Act's requirement for employer registration and worker
registration.
It was observed that some workers were engaged in tasks involving heavy
lifting and manual handling, indicating the need for adherence to
regulations regarding the employment of manual workers in hazardous
activities.
3. Wages and Benefits:
The industrial visit provided insights into the wage structure and benefits
provided to manual workers, with variations observed among different
categories of workers.
While some workers received wages following the minimum rates
prescribed by the Act, others appeared to be paid below the stipulated
standards, indicating potential violations of wage-fixation provisions.
4. Health and Welfare Measures:
The factory's provision of basic amenities such as drinking water facilities
and restrooms was observed, in line with the Act's requirements for
ensuring the welfare of manual workers.
However, the observation also revealed areas where improvements could
be made, such as the availability of medical facilities and provision of
adequate rest intervals, to enhance the health and welfare of manual
workers.

9
5. Compliance and Enforcement:
The industrial visit highlighted the importance of regular inspections
and enforcement mechanisms to ensure compliance with the Act's
provisions.
It underscored the need for increased awareness among both
employers and workers regarding their rights and obligations under
the Act, as well as the consequences of non-compliance.

6. Safety Practices:
Observations regarding safety practices within the factory varied, with
some areas demonstrating adherence to safety protocols while others
exhibited laxity in safety measures.
The visit emphasized the significance of robust safety training
programs, proper equipment maintenance, and regular risk
assessments to mitigate workplace hazards and ensure the safety of
manual workers as mandated by the Act.
7. Worker Empowerment and Representation:
The presence or absence of worker representation and avenues for
grievance redressal were noted during the visit, indicating the
importance of empowering manual workers to voice their concerns
and seek recourse in case of grievances.
Opportunities for enhancing worker participation in decision-making
processes and promoting dialogue between employers and workers
were identified as potential avenues for improving compliance with the
Act and fostering a conducive working environment

10
 OUR VIEWS / SUGGESTION

Observation of Working Conditions: During the industrial visit, observe the

working conditions of manual workers engaged in tasks such as operating
machinery, handling raw materials, and packaging finished products. Pay
particular attention to factors such as ergonomic considerations, provision of
safety equipment, and adherence to health and safety regulations mandated
by the Maharashtra Mathadi, Hamal, and Other Manual Workers Act, 1969.

Compliance with Minimum Wage Requirements: Evaluate whether the plastic

factory complies with the minimum wage requirements set forth by the Act.
Assess whether manual workers receive remuneration per the prescribed rates,
taking into account factors such as skill levels, nature of work, and prevailing
socio-economic conditions.

Provision of Welfare Measures: Examine the extent to which the plastic factory
provides welfare measures for manual workers, as mandated by the Act. This
includes provisions such as access to clean drinking water, sanitary facilities,
first aid kits, and protective gear. Evaluate the effectiveness of these measures
in ensuring the health, safety, and well-being of manual workers.

Registration and Documentation: Review the registration status of the plastic

factory and its manual workers with the relevant authorities as required under
the Act. Ensure that both employers and workers are duly registered to avail of
the benefits and protections afforded by the legislation. Additionally, assess the
maintenance of records and documentation about employment, wages,
working hours, and other relevant aspects in compliance with statutory
requirements.

Training and Skill Development: Assess whether the plastic factory provides
training and skill development opportunities for manual workers to enhance
their capabilities and employability. Evaluate the effectiveness of these
initiatives in promoting occupational safety, productivity, and career
advancement for manual workers, in alignment with the objectives of the Act.

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Worker Representation and Grievance Redressal: Investigate the
mechanisms in place for worker representation and grievance redressal
within the plastic factory. Evaluate whether avenues such as workers'
committees, labour unions, or internal grievance redressal mechanisms
facilitate meaningful engagement and address concerns raised by
manual workers following the provisions of the Act.

Opportunities for Automation and Mechanization: Explore opportunities

for automation and mechanization within the plastic factory to reduce
the reliance on manual labour and mitigate the risks associated with
hazardous tasks. Assess the potential impact of technology adoption on
improving working conditions, enhancing productivity, and promoting
the overall welfare of manual workers, while ensuring compliance with
relevant labour laws and regulations.

Recommendations for Improvement: Based on the findings from the

industrial visit, provide recommendations for the plastic factory to
enhance compliance with the Maharashtra Mathadi, Hamal, and Other
Manual Workers Act, 1969, and improve the working conditions and
welfare of manual workers. Suggestions may include implementing
additional safety measures, enhancing training programs, strengthening
grievance redressal mechanisms, and investing in technology upgrades
to promote a safer and more conducive work environment.

12
 CONCLUSION
In conclusion, the industrial visit to the plastic factory in Mumbai provided
invaluable insights into the practical application of the Maharashtra Mathadi,
Hamal, and Other Manual Workers (Regulation of Employment and Welfare) Act,
1969. Through meticulous observation and analysis, we gained a comprehensive
understanding of the working conditions, compliance with labor laws, and the
welfare measures implemented for manual workers within the factory premises.

The visit highlighted several commendable aspects, including the provision of

basic amenities, adherence to minimum wage requirements, and efforts towards
ensuring occupational safety through the availability of protective gear and
training programs. Additionally, the registration of both employers and manual
workers underscored the commitment to regulatory compliance and the
recognition of labor rights as enshrined in the Act.

However, our observations also revealed areas for improvement. Despite existing
measures, there were instances of inadequate safety protocols, lack of
comprehensive grievance redressal mechanisms, and limited opportunities for
skill development and upward mobility among manual workers. Furthermore,
the potential for automation and mechanization to enhance efficiency and
mitigate risks associated with manual labor warrants consideration in line with
the Act's objectives.

In light of these findings, it is imperative for the plastic factory and relevant
stakeholders to prioritize the welfare and rights of manual workers by proactively
addressing the identified gaps and aligning practices with the provisions of the
Maharashtra Mathadi, Hamal, and Other Manual Workers Act, 1969. This
necessitates a holistic approach encompassing continuous training, robust safety
measures, effective grievance redressal mechanisms, and investments in
technology to foster a safer, more equitable work environment.

Ultimately, the industrial visit served as a catalyst for dialogue, reflection, and
action towards promoting the dignity, well-being, and empowerment of manual
workers in alignment with the principles enshrined in the Maharashtra Mathadi,
Hamal, and Other Manual Workers Act, 1969. As we move forward, it is imperative
to sustain this momentum of engagement and collaboration to realize the full
potential of labor legislation in fostering inclusive growth and social justice within
the industrial landscape of Maharashtra.
13
 BIBLIOGRAPHY

https://www.indiacode.nic.in/bitstream/123456789/15841/1/the_maharashtra_mathadi%2C_ham
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https://prsindia.org/bills/states/the-maharashtra-mathadi-hamal-and-other-manual-workers-
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employment-and-welfare-amendment-act-2023

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employment-and-welfare-amendment-act-2023&vssid=global