Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982
No: 33 Dated: Jun, 05 1982
THE TAMIL NADU MANUAL WORKERS (REGULATION OF EMPLOYMET AND CONDITONS OF WORK) ACT, 1982
(Tamil Nadu Act 33 of 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 it enacted by the Legislature of the State of Tamil Nadu in the Thirty-third Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (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.
2. Definitions. - 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 ordinarily 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 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 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.