The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulatio n of Employment and Welfare) Act, 1969
2. DEFINITIONS. –
(1) “Board” means a Board established under section 6;
(2) “contractor”, in relation to an unprotected workers, means a person who undertakes to execute any work for an establishment by engaging such workers on hire or otherwise, or who supplies such worker either in groups, gangs (tollis), or as individuals; and includes a sub-contractor, an agent, a mukadum or a tolliwala;
(3) “employer”, in relation to any unprotected workers engaged by or through contractor, means the principal employer and in relation to any other unprotected 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;
(4) “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;
(5) “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;
(6) “Inspector” means an Inspector appointed under section 15;
(7) “principal employer” means an employer who engages unprotected workers by or through a contractor in any scheduled employment;
(8) “prescribed” means prescribed by rules;
(9) “scheduled employment” means any employment specified in the Schedule hereto or any process or branch of work forming part of such employment;
(10) “scheme” means a scheme made under this Act;
(11) “unprotected worker” means a manual worker who is engaged or to be engaged in any scheduled employment;
(12) “worker” means a person who is engaged or to be engaged directly or through any agency, 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; but does not include the members of an employer’s family.
(13) “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 an unprotected 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 State 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 traveling allowance or the value of any traveling concession;
(iv) any sum paid to the worker to defray special expenses entailed on him by the nature of his employment; or
(v) any gratuity payable on discharge.
