Home India CENTRAL SECTION Part VIII, Ext. No. 38, MAHARASHTRA ACT No. XXV OF 2025. An ...
Date: 2025-04-28 Category: Not Applicable State: Maharashtra Country: India

Part VIII, Ext. No. 38, MAHARASHTRA ACT No. XXV OF 2025. An Act further to amend the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. Monday, 28th April 2025.

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Executive Summary & Key Takeaways

**Executive Summary** This document is the English translation of the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) (Amendment) Act, 2025, published on April 28, 2025. It amends the 1969 Act to update definitions and procedures related to manual and unprotected workers. There are no explicit deadlines or action items mentioned in the document that require immediate action. **Key Points / Main Content** * **Title and Citation:** * The Act is called the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) (Amendment) Act, 2025 (Mah. Act No. XXV of 2025). * **Terminology Updates:** * The term "Manual Workers" replaces "Manual Workers" throughout the 1969 Act. * **Definition of "Manual Work":** * "Manual work" is defined as physical work carried out by humans without machine assistance, including loading, unloading, stacking, carrying, weighting, and measuring in scheduled employments. * **Definition of "Unprotected Worker":** * An "unprotected worker" is a manual worker (mathadi, hamal, or other) aged 18-65 engaged in scheduled employment, certified medically fit by a government-authorized practitioner. * Exclusions: Workers in manufacturing process, stacking, or storage areas where processes are mechanized or automated, and employer's family members (with exception). * **Recruitment and Registration:** * The government regulates the recruitment and registration of unprotected workers, including maintaining registers and waiting lists, and imposing registration fees. * **Advisory Committee:** * If the Advisory Committee is not functional, the State Government can implement the Act without its advice. * The term of office for Advisory Committee members (excluding State Government representatives) is five years from the date of notification in the Official Gazette, serving at the pleasure of the government. * The State Government shall fill vacancies of non-government members within six months of the vacancy occurrence. * **Amendment to Section 16:** * "Eighteen" replaces "fourteen" in the Explanation section. **Impact Analysis** **Maharashtra State Government** * **Impact** * The State Government now has authority to implement the provisions of this Act without advise or consultation of the Advisory Committee if it is not functional. * **Action Required** * The State Government must fill any vacancies in the Advisory Committee within six months of the vacancy occurring. **Employers** * **Impact** * Employers must ensure compliance with the updated regulations regarding manual workers, including the updated definitions and requirements for registering unprotected workers. * **Action Required** * Employers may need to review existing practices to ensure compliance with the Act. **Manual Workers (Mathadi, Hamal, and other)** * **Impact** * Workers are subject to the updated definitions and regulations, including age limits and medical certification requirements. * **Action Required** * Workers need to comply with registration requirements and, if applicable, obtain medical certification. **Unprotected Workers** * **Impact** * Unprotected workers are specifically addressed in several amendments, affecting registration, eligibility, and overall protection under the Act. * **Action Required** * Unprotected workers need to adhere to the new definitions and procedures.

Key Entities Referenced

Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969: The principal Act being amended by the current legislation. Regulates employment and welfare of manual workers in Maharashtra. Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) (Amendment) Act, 2025: The amending Act. Further amends the 1969 Act regarding the regulation of employment and welfare of manual workers. Maharashtra: The state where the Act is applicable and enacted. Advisory Committee: A committee whose functions are modified by the amendment, specifically regarding its role in implementation of the Act.
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महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, एप्रि�ल २८, २०२५/वैैशााख ८, शाकेे १९४७ 1 RNI No. MAHENG /2009/35528 महाारााष्ट्र� शाासन रााजपत्र असाधााराण भााग आठ वैर्षष ११, अंके १५(३)] सोमवैारा, एप्रि�ल २८, २०२५/वैैशााख ८, शाकेे १९४७ [पष्ृठ े३, प्रिकेमं त : रुपये े२७.०० असाधााराण क्रमांके ३८ �ाप्रिधाकेृत �केाशान महाारााष्ट्र प्रिवैधाानमंडळााचेे अप्रिधाप्रिनयेम वै रााज्येपालांनी �ाख्येाप्रिपत केेलेले अध्येादेेशा वै केेलेले प्रिवैप्रिनयेम आप्रिण प्रिवैधाी वै न्येाये प्रिवैभाागाकेडून आलेली प्रिवैधाेयेकेे (इंंग्रजी अनुवैादे). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) (Amendment) Act, 2025 (Mah. Act No. XXV of 2025), 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. XXV OF 2025. (First published, after having received the assent of the Governor in the “Maharashtra Government Gazette”, on the 28th April 2025.) An Act further to amend the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. Mah. WHEREAS it is expedient further to amend the Maharashtra Mathadi, XXX of Hamal and other Manual Workers (Regulation of Employment and Welfare) 1969. Act, 1969 for the purposes hereinafter appearing; it is hereby enacted in the Seventy-sixth Year of the Republic of India as follows :— 1. This Act may be called the Maharashtra Mathadi, Hamal and other Short title. Manual Workers (Regulation of Employment and Welfare) (Amendment) Act, 2025. (१) भााग आठ-३८–१2 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, एप्रि�ल २८, २०२५/वैैशााख ८, शाकेे १९४७ Substitution 2. Throughout the Maharashtra Mathadi Hamal and other Manual Mah. of the words Workers (Regulation of Employment and Welfare) Act, 1969 (hereinafter referred XXX of “Manual 1969. to as “the principal Act”) including the long title, preamble and short title, for Workers” for the words “Manual Workers”, wherever they occur, the words “Manual Workers” the words “Manual shall be substituted. Workers” in Mah. XXX of 1969. Amendment 3. In section 2 of the principal Act,— of section 2 of Mah. XXX of (1) in clause (2), for the words “any work” the words “any manual 1969. work” shall be substituted; (2) in clause (3), after the words “worker engaged” the words “ to execute any manual work” shall be inserted; (3) after clause (6), the following clause shall be inserted, namely :— “(6A) “manual work” means any type of physical work carried out by humans without any help or support or assistance of any type of machines and includes manual loading, unloading, stacking, carrying, weighting and measuring work in scheduled employments;”; (4) in clause (7), after the word “workers” the words “ to execute any manual work” shall be inserted; (5) for clause (11), the following clause shall be substituted, namely :— “(11) “unprotected worker” means a mathadi, hamal or other manual worker, who is engaged or to be engaged to do manual work in any scheduled employment; and of the age of eighteen years and above and upto the age of sixty-five years, and thereafter if certified to be physically fit for such work by the medical practitioner authorized by the Government; but does not include,— (a) any worker (except a worker who is engaged or to be engaged to do manual work) employed by employer or principal employer in manufacturing process area or stacking and storage area of any establishment, industry or factory, or where the process is being carried out through mechanical procedure or machines or through automated processing in any establishment, industry or factory; (b) the members of an employer’s family;”; (6) in clause (12), for the words “manual work” the words “manual work” shall be substituted. Amendment 4. In section 3 of the principal Act, in sub-section (2), for clause (c), the of section 3 of following clause shall be substituted, namely :— Mah. XXX of 1969. “(c) for regulating the recruitment and entry into the scheme of unprotected workers, and the registration and cancellation of registration of unprotected workers and employers, including the maintenance of registers and waiting list of unprotected workers, removal, either temporarily or permanently, of names from the registers and waiting list, and the imposition of fees for registration;”.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, एप्रि�ल २८, २०२५/वैैशााख ८, शाकेे १९४७ 3 5. In section 4 of the principal Act, in sub-section (1), in the second proviso, Amendment in clause (b), for the word “workers”, at both the places where it occurs, the of section 4 of Mah. XXX of words “unprotected workers” shall be substituted. 1969. 6. In section 13 of the principal Act,— Amendment of section 13 of Mah. XXX of 1969. (1) in sub-section (1), for the word “worker” the words “unprotected worker” shall be substituted; (2) in sub-section (3), for the word “worker”, at both the places where it occurs, the words “unprotected worker” shall be substituted; (3) in the marginal note, for the word “workers” the words “unprotected workers” shall be substituted. 7. In section 14 of the principal Act,— Amendment of section 14 of Mah. XXX of 1969. (1) after sub-section (1), the following sub-section shall be inserted, namely :— “(1A) Notwithstanding anything contained in this Act, if the Advisory Committee is not functional for any reason, then the State Government may issue notification or take decision for implementation of the provisions of this Act without advise or consultation of the Advisory Committee.”; (2) for sub-section (6), the following sub-section shall be substituted namely:— “(6)(a) The term of office of members of the Advisory Committee, other than the members representing the State Government, shall be five years from the date of publication of notification of their names in the Official Gazette. Such members shall hold office during the pleasure of the Government. (b) The State Government shall fill the vacancy of members other than the members representing the State Government at the earliest and in any case before expiry of six months from the date of occurrence of such vacancy.”. 8. In section 16 of the principal Act, in the Explanation, for the word Amendment of “fourteen” the word “eighteen” shall be substituted. section 16 of Mah. XXX of 1969. 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.

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