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भाग आठ, असा., क्रमांक ३७, MAHARASHTRA ACT No. XX OF 2023 Tuesday, 11th April 2023

Published 11 April 2023

Type
Extra - Ordinary
Part
Part 8 (English)
Division
CENTRAL SECTION
Identifier
in.gazette.maharashtra.2023-04-11.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-
Languages
English, Marathi

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महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, एप्रिल ११, २०२३/चैत्र २१, शके १९४५ १

RNI No. MAHENG / 2009 / 35528

महाराष्ट्र शासन राजपत्र

असाधारण भाग आठ

वर्ष ९, अंक २२] मंगळवार, एप्रिल ११, २०२३/चैत्र २१, शके १९४५ [ पृष्ठे ६, किंमत : रुपये २७.००

असाधारण क्रमांक ३७

प्राधिकृत प्रकाशन

महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि

विधि व न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Labour Laws (Amendment) Act, 2022 (Mah. Act No. XX of 2023), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

Secretary (Legislation) to Government, Law and Judiciary Department.

MAHARASHTRA ACT No. XX OF 2023.

(First published, after having received the assent of the Governor in the

"Maharashtra Government Gazette", on the 11th April 2023).

An Act 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.

(१)

भाग आठ------३७---१ २ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, एप्रिल ११, २०२३/चैत्र २१, शके १९४५

appearing; it is hereby enacted in the Seventy-third Year of the Republic of India as follows :—

CHAPTER I

PRELIMINARY.

Short title.

1. This Act may be called the Maharashtra Labour Laws (Amendment)

Act, 2022.

CHAPTER II

AMENDMENTS TO THE MAHARASHTRA INDUSTRIAL RELATIONS ACT.

XI of 1947.

Amendment of section 104 of XI of 1947.

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.

Amendment of section 106 of XI of 1947.

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.

XL of 1953.

Amendment of section 17A of XL of 1953.

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 :—

Insertion of new section 17C in XL of 1953.

Compound- ing of offences.

" 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—

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, एप्रिल ११, २०२३/चैत्र २१, शके १९४५ ३

(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

Mah. XXX of 1969.

Amendment of section 3 of Mah. XXX of 1969.

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.".

भाग आठ------३७---२ ४ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, एप्रिल ११, २०२३/चैत्र २१, शके १९४५

7. In section 27 of the Mathadi, Hamal and other Manual Workers

Act,—

Amendment of section 27 of Mah. XXX of 1969.

(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 :—

Insertion of new section 27-1A in Mah. XXX of 1969.

" 27-1A. (1) Any offence of contravention of any of the provisions of

Compounding of offences.

XI of 1947.

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.".

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, एप्रिल ११, २०२३/चैत्र २१, शके १९४५ ५

CHAPTER V

AMENDMENTS TO THE MAHARASHTRA PRIVATE SECURITY GUARDS (REGULATION OF EMPLOYMENT AND WELFARE) ACT, 1981.

Mah. LVIII of 1981.

Amendment of section 3 of Mah. LVIII of 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"

Amendment of section 27 of Mah. LVIII of 1981.

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 :—

Insertion of new section 27A in Mah. LVIII of 1981.

Compounding of offences.

"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.

६ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, एप्रिल ११, २०२३/चैत्र २१, शके १९४५

(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,—

Mah. XXIII of 1988.

Amendment of section 10 of Mah. XXIII of 1988.

(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 twothousand 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 onethousand rupees, or with both", the words "with fine which may extend to ten lakhs rupees" shall be substituted. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

Cite this issue. Maharashtra Gazette, Government of Maharashtra, 11 April 2023. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.maharashtra.2023-04-11.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-/. Archive identifier in.gazette.maharashtra.2023-04-11.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-.