Maharashtra Unemployment Allowance Payment to Workmen in Factories (for Temporary Period) Act, 1976
No: 14 Dated: Apr, 18 1976
THE MAHARASHTRA UNEMPLOYMENT ALLOWANCE PAYMENT To WORKMEN Fc FACTORIES (FOR TEMPORARY PERIOD) Act, 1976
ACT No. XIV OF 1976
An Act to require employers to pay unemployment allowance to certain workmen who, due to short working of factories on account of shortage of power, cannot be given employment therein on certain days during a certain temporary period and to provide for matters connected therewith.
Whereas both Houses of the Legislature of the State were not in Session;
And Whereas the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to require employers to pay unemployment allowance to certain workmen who, due to short working of factories on account of shortage of power, could not be given employment therein on certain days during a temporary period notified either in relation to the whole State or any part thereof and to provide for matters connected therewith, and for that purpose promulgated the Maharashtra Unemployment Allowance Payment to Workmen in Factories (for Temporary Period) Ordinance, 1976, on the 5th day of February 1976 (Maharashtra Ordinary II of 1976).
And Whereas it is expedient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Twenty-seventh Year of the Republic of India as follows :-
1. Short title, extent, Commencement and operation. - (1) This Act may be called the Maharashtra Unemployment Allowance Payment to Workmen in Factories (for Temporary Period) Act, 1976.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 16th day of December 1975, but save as provided in section 9 shall be in operation only during the temporary periods notified, from time to time, under-clause (e) of section 2, in the whole State or any part thereof as may be specified in such notification.
2. Definitions. - In this Act unless the context requires otherwise,
(a) "Badli workman" means a workman who is provided with a Bad/i card and who is employed in a factory in place of another workman who is temporarily absent and whose name is borne on the muster roll of the factory;
(b) "factory" means any premises including precincts thereof wherein ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, but does not include a factory in respect of which the Central Government is the appropriate Government in relation to industrial disputes concerning it under the Industrial Disputes Act, 1947 (14 of 1947).
(c) "Manager" means the person who is for the time being managing the factory, and includes any other officer duly authorised by the employer to act as Manager, such authorisation being notified to the workmen by displaying it on the notice board of the factory;
(d) "permanent workman" means a workman who has been employed on a permanent basis or whose appointment has been confirmed in writing by the Manager or by a person duly authorised in this behalf by the Manager, and includes a workman who has completed a probationary period of three months in the aggregate in the same or another occupation in the factory, and an apprentice who is asked or appointed to work in a post or vacancy of a permanent workman for the purposes of payment of wages to him during the period he works on such post or in such vacancy;
(e) "temporary period" means such period (including its extension) as the State Government may for the whole State or any part thereof from time to time by notification in the Official Gazette specify in this behalf; and any notification under this clause may be made so as to be retrospective to any date not earlier than the 16th day of December 1975;
(f) "temporary workman" means a workman who has been appointed in a factory for a limited period for work which is of an essentially temporary nature or who is employed temporarily as an additional workman in connection with temporary increase in work of a permanent nature;
(g) the expression "workman" and any other words or expressions used in this Act but not defined therein shall have the same meanings respectively assigned to them in the Industrial Disputes Act, 1947, (14 of 1947) with this modification that the expression "workman" shall include a Badli workman, a temporary workman, and for avoidance of doubt, also a permanent workman.