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1
L. A. BILL No. XXXIII OF 2022.
A BILL
further to amend the Maharashtra Industrial Relations Act, the
Maharashtra Labour Welfare Fund Act, the Maharashtra Mathadi,
Hamal and other Manual Workers (Regulation of Employment and
Welfare) Act, 1969, the Maharashtra Private Security Guards
(Regulation of Employment and Welfare) Act, 1981 and the
Maharashtra Workmen’s Minimum House-rent Allowance
Act, 1983.
WHEREAS it is expedient further to amend the Maharashtra Industrial
Relations Act, the Maharashtra Labour Welfare Fund Act, the Maharashtra
Mathadi, Hamal and other Manual Workers (Regulation of Employment and
Welfare) Act, 1969, the Maharashtra Private Security Guards (Regulation of
Employment and Welfare) Act, 1981 and the Maharashtra Workmen’s
Minimum House-rent Allowance Act, 1983, for the purposes hereinafter
XI of
1947.
XL of
1953.
Mah.
XXX of
1969.
Mah.
LVIII of
1981.
Mah.
XXIII of
1988.
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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
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Ê´ÉvÉÒ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of Article 348 of the Constitution of India, the following
translation in English of the Maharashtra Labour Laws (Amendment) Bill, 2022 (L. A. Bill No.
XXXIII of 2022), introduced in the Maharashtra Legislative Assembly on the 21st December 2022,
is hereby published under the authority of the Governor.
By order and in the name of the
Governor of Maharashtra,
SATISH WAGHOLE,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.
RNI No. MAHENG/2009/35528
¦ÉÉMÉ +É`ö-95-----1.
BSɤÉÒ--2487-1.
(1)
2
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appearing; it is hereby enacted in the Seventy-third Year of the Republic of
India as follows :—
CHAPTER I
PRELIMINARY.
1.
This Act may be called the Maharashtra Labour Laws (Amendment)
Act, 2022.
CHAPTER II
AMENDMENTS TO THE MAHARASHTRA INDUSTRIAL
RELATIONS ACT.
2.
In section 104 of the Maharashtra Industrial Relations Act
(hereinafter, in this Chapter, referred to as “the Industrial Relations Act”),
for the words “with imprisonment of either description for a term which
may extend to three months, or with fine or with both”, the words “with a
fine which shall not be less than five lakhs rupees but which may extend to
ten lakhs rupees” shall be substituted.
3.
In section 106 of the Industrial Relations Act, in sub-section (2), for
the words, letters and figures “with imprisonment which may extend to three
months or for every day on which the contravention continues with fine which
may extend to Rs. 5,000 or with both”, the words “with a fine of five lakhs
rupees and for every day on which the contravention continues with a fine of
five thousand rupees” shall be substituted.
CHAPTER III
AMENDMENTS TO THE MAHARASHTRA LABOUR
WELFARE FUND ACT.
4.
In section 17A of the Maharashtra Labour Welfare Fund Act
(hereinafter, in this Chapter, referred to as “the Labour Welfare Fund
Act”),—
(1) for clauses (a) and (b), the following clauses shall be substituted,
namely :—
“(a) for the first offence, with fine which may extend to one
lakh rupees;
(b) for the second or subsequent offence, with fine which may
extend to two lakh, rupees : ”;
(2) in the proviso, for the words “fifty rupees” the words “five
thousand rupees” shall be substituted.
5.
After section 17B of the Labour Welfare Fund Act, the following
section shall be inserted, namely :—
“ 17C.
(1) The offence punishable under section 17A may, on an
application of the accused person, either before or after the institution of
any prosecution, be compounded by the Welfare Commissioner, for a sum of
fine provided for such offence, in such manner, as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to an offence
committed by a person for the second time or thereafter within a period of
five years from the date—
XI of
1947.
Short title.
Amendment of
section 104 of
XI of 1947.
Amendment of
section 106 of
XI of 1947.
Amendment of
section 17A of
XL of 1953.
XL of
1953.
Insertion of
new section
17C in XL of
1953.
Compound-
ing of
offences.
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3
(a) of commission of a similar offence which was earlier compounded ;
or
(b) of commission of similar offence for which such person was
earlier convicted.
(3) The Welfare Commissioner shall exercise the powers to compound
an offence, subject to the direction, control and supervision of the State
Government.
(4) Every application for the compounding of an offence shall be made
in such form and manner, as may be prescribed.
(5) Where any offence is compounded before the institution of any
prosecution, no prosecution shall be instituted in relation to such offence,
against the offender in relation to whom the offence is so compounded.
(6) Where the composition of any offence is made after the institution of
any prosecution, such composition shall be brought by the Welfare
Commissioner in writing, to the notice of the Court before whom the
prosecution is pending and on such notice of the composition of the offence
being given, the person against whom the offence is so compounded shall be
discharged.
(7) No offence punishable under the provisions of this Act shall be
compounded except under and in accordance with the provisions of this
section.”.
CHAPTER IV
AMENDMENTS TO THE MAHARASHTRA MATHADI, HAMAL
AND OTHER MANUAL WORKERS (REGULATION OF EMPLOYMENT AND
WELFARE) ACT, 1969.
6.
In section 3 of the Maharashtra Mathadi, Hamal and other Manual
Workers (Regulation of Employment and Welfare) Act, 1969 (hereinafter, in
this Chapter, referred to as “the Mathadi, Hamal and other Manual Workers
Act”), for sub-section (3), the following sub-section shall be substituted,
namely :—
“(3) The scheme may further provide that,—
(i) a first contravention of any provision thereof shall, on
conviction, be punished with fine which may extend to such amount
as may be specified (but in no case exceeding five lakhs rupees);
(ii) for second or subsequent contravention of any provision
thereof shall, on conviction, be punished with fine, which may
extend to such amount as may be specified (but in no case exceeding
ten lakhs rupees) ; and
(iii) if the contravention is continued after conviction, with a
further fine which may extend to five thousand rupees for each day
on which the contravention is so continued.”.
Amendment of
section 3 of
Mah. XXX of
1969.
Mah.
XXX of
1969.
4
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7.
In section 27 of the Mathadi, Hamal and other Manual Workers
Act,—
(1) for the words “five hundred rupees” the words “five lakhs rupees”
shall be substituted;
(2) for the words “one hundred rupees” the words “five thousand
rupees” shall be substituted.
8.
After section 27 of the Mathadi, Hamal and other Manual Workers
Act, the following section shall be inserted, namely :—
“ 27-1A.
(1) Any offence of contravention of any of the provisions of
any scheme punishable under the scheme, may, on an application of the
accused person, either before or after the institution of any prosecution, be
compounded by the Chairman of the concerned Board, for a sum of fifty per
cent., of the maximum fine provided for such offence, in such manner, as
may be prescribed:
Provided that, such amount of composition shall be credited to the
administrative account of the concerned Board established for the purpose
of administration of that Board.
(2) Nothing contained in sub-section (1) shall apply to an offence
committed by a person for the second time or thereafter within a period of
three years from the date,—
(a) of commission of a similar offence which was earlier compounded ;
or
(b) of commission of similar offence for which such person was
earlier convicted.
(3) Where any offence is compounded before the institution of any
prosecution, no prosecution shall be instituted in relation to such offence,
against the offender in relation to whom the offence is so compounded.
(4) Where the composition of any offence is made after the institution of
any prosecution, such composition shall be brought by the Chairman of the
concerned Board, referred to in sub-section (1), in writing, to the notice of
the Labour Court or the Industrial Court, before whom the prosecution is
pending and on such notice of the composition of the offence being given, the
person against whom the offence is so compounded shall be discharged.
(5) No offence punishable under the scheme shall be compounded except
under and in accordance with the provisions of this section.”.
Amendment of
section 27 of
Mah. XXX of
1969.
Insertion of
new section
27-1A in Mah.
XXX of 1969.
Compounding
of offences.
XI of
1947.
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CHAPTER V
AMENDMENTS TO THE MAHARASHTRA PRIVATE
SECURITY GUARDS (REGULATION OF EMPLOYMENT AND
WELFARE) ACT, 1981.
9.
In section 3 of the Maharashtra Private Security Guards (Regulation
of Employment and Welfare) Act, 1981 (hereinafter, in this Chapter, referred
to as “the Private Security Guards Act”), for sub-section (3), the following
sub-section shall be substituted, namely :—
“(3) The Scheme may further provide that,—
(i) a first contravention of any provision thereof shall, on
conviction, be punished with fine which may extend to such amount
as may be specified (but in no case exceeding five lakhs rupees);
(ii) for second or subsequent contravention of any provision
thereof shall, on conviction, be punished with fine, which may
extend to such amount as may be specified (but in no case exceeding
ten lakhs rupees); and
(iii) if the contravention is continued after conviction, with a
further fine which may extend to five thousand rupees for each day
on which the contravention is so continued.”.
10.
In section 27 of the Private Security Guards Act,—
(1) for the words “five hundred rupees” the words “five lakhs rupees”
shall be substituted;
(2) for the words “one hundred rupees” the words “five thousand
rupees” shall be substituted.
11.
After section 27 of the Private Security Guards Act, the following
section shall be inserted, namely :—
“27A.
(1) Any offence of contravention of any of the provisions of any
Scheme punishable under the Scheme, may, on an application of the accused
person, either before or after the institution of any prosecution, be
compounded by the Chairman of the concerned Board, for a sum of fifty
per cent., of the maximum fine provided for such offence, in such manner as
may be prescribed:
Provided that, such amount of composition shall be credited to the
administrative account of the concerned Board established for the purpose
of administration of that Board.
(2) Nothing contained in sub-section (1) shall apply to an offence
committed by a person for the second time or thereafter within a period of
three years from the date,—
(a) of commission of a similar offence which was earlier compounded ;
or
(b) of commission of similar offence for which such person was
earlier convicted.
(3) Where any offence is compounded before the institution of any
prosecution, no prosecution shall be instituted in relation to such offence,
against the offender in relation to whom the offence is so compounded.
Amendment
of section 3 of
Mah. LVIII of
1981.
Mah.
LVIII of
1981.
Amendment
of section
27 of Mah.
LVIII of 1981.
Insertion of
new section
27A in Mah.
LVIII of 1981.
Compounding
of offences.
6
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(4) Where the composition of any offence is made after the institution of
any prosecution, such composition shall be brought by the Chairman of the
concerned Board, referred to in sub-section (1), in writing, to the notice of
the Court, before whom the prosecution is pending and on such notice of the
composition of the offence being given, the person against whom the offence
is so compounded shall be discharged.
(5) No offence punishable under the Scheme shall be compounded except
under and in accordance with the provisions of this section.”.
CHAPTER VI
AMENDMENT TO THE MAHARASHTRA WORKMEN’S
MINIMUM HOUSE-RENT ALLOWANCE ACT, 1983.
12.
In section 10 of the Maharashtra Workmen’s Minimum House-rent
Allowance Act, 1983,—
(1) in sub-section (1), for the words “with imprisonment for a term
which may extend to one year, or with fine which may extend to two
thousand rupees, or with both”, the words “with fine which may extend
to ten lakhs rupees” shall be substituted ;
(2) in sub-section (2), for the words “with imprisonment for a term
which may extend to six months, or with fine which may extend to one
thousand rupees, or with both”, the words “with fine which may extend
to ten lakhs rupees” shall be substituted.
Amendment of
section 10 of
Mah. XXIII
of 1988.
Mah.
XXIII of
1988.
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7
STATEMENT OF OBJECTS AND REASONS
The State Government has, upon request of the Government of India,
undertaken a comprehensive review of all State Acts and Rules framed
thereunder to eliminate the risk of imprisonment for citizens for minor
violations with the objective of enhancing Ease of Doing Business and Ease
of Living of Citizens.
2.
For the above purposes, the State Government had constituted a
Committee of Secretaries under the Chairmanship of Additional Chief
Secretary (Industries) to recommend deletion or mitigation of existing
imprisonment provisions or providing for compounding of offences in the
Maharashtra State Acts or Rules framed thereunder after consultation with
the concerned administrative Department and authorities or institutions
thereunder.
Accordingly, after such review, the Government considers it expedient
to amend imprisonment provisions contained in sections 104 and 106 of the
Maharashtra Industrial Relations Act (XI of 1947), section 17A of the
Maharashtra Labour Welfare Fund Act (XL of 1953), sections 3 and 27 of
the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation
of Employment and Welfare) Act, 1969 (Mah. XXX of 1969), sections 3 and
27 of the Maharashtra Private Security Guards (Regulation of Employment
and Welfare) Act, 1981 (Mah. LVIII of 1981) and section 10 of the
Maharashtra Workmen’s Minimum House-rent Allowance Act, 1983 (Mah.
XXIII of 1988) and to provide for compounding of offences on the lines of
the provisions contained in Labour Codes enacted by the Central
Government.
3.
The Bill seeks to achieve the above objectives.
Nagpur,
SURESH KHADE,
Dated the 19th December 2022.
Minister for Labour.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposals for delegation of legislative power,
namely :—
Clause 5.—Under this clause, which seeks to insert a new section
17C in the Maharashtra Labour Welfare Fund Act, in sub-sections (1)
and (4) of section 17C, power is taken to the State Government to
prescribe the form of application for and the manner of, compounding
of an offence.
Clause 8.—Under this clause, which seeks to insert a new section
27-1A in the Maharashtra Mathadi, Hamal and other Manual Workers
(Regulation of Employment and Welfare) Act, 1969, in sub-section (1) of
section 27-1A, power is taken to the State Government to prescribe the
manner of compounding of an offence.
Clause 11.—Under this clause, which seeks to insert a new section
27A in the Maharashtra Private Security Guards (Regulation of
Employment and Welfare) Act, 1981, in sub-section (1) of section 27A,
power is taken to the State Government to prescribe the manner of
compounding of an offence.
2.
The above-mentioned proposals for delegation of legislative power
are of normal character.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED
AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY
AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.