West Ben. Act LI of
1981. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XXXIX of 1989 THE WEST BENGAL MAZDOOR, TINDAL, LOADER, GODOWNMAN AND OTHER WORKERS (REGULATION OF EMPLOYMENT AND WELFARE) (AMENDMENT) ACT, 1989. [Passed by the West Bengal Legislature.] [Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 4th June, 1991.] [4th June, 1991.] An Act to amend the West Bengal Mazdoor, Tindal, Loader, Godownman and Other Workers (Regulation of Employment and Welfare) Act,
1981. WHEREAS it is expedient to amend the West Bengal Mazdoor, Tindal, Loader, Godownman and Other Workers (Regulation of Employment and Welfare) Act, 1981, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Fortieth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the West Bengal Mazdoor, Tindal, Loader, Godownman and Other Workers (Regulation of Employment and Welfare) (Amendment) Act, 1989.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In section 2 of the West Bengal Mazdoor, Tindal, Loader, Godownman and Other Workers (Regulation of Employment and Welfare) Act, 1981 (hereinafter referred to as the principal Act),—
(a) for clause (14), the following clause shall be substituted:— `(14) "Wages" means all remuneration expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to an unprotected workers in respect of work done in any scheduled employment, but does not include—
(i) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government; Short title and coma encement. Amendment of section 2 of West Ben. Act LI of
1981. 209 The West Bengal Mazdoor, Tindal, Loader, Godownman and Other Workers (Regulation of Employment and Welfare) (Amendment) Act, 1989. [West Ben. Act XXXIX of 1989.] (Sections 3, 4.)
(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 worker to defray special expenses entailed on him by the nature of his employment;
(v) any gratuity payable on the discharge of the worker; or
(vi) any bonus;' ;
(b) in clause (15), after the words "any member of the family of an employer", the words "or any person who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem" shall be inserted. Amendment of section 19. Amendment of Schedule.
3. In section 19 of the principal Act, for the words "No worker shall be required by any employer to carry", the words "No single worker shall be required by any employer to carry without any mechanical aid" shall be substituted.
4. In the Schedule to the principal Act,—
(a) in item 6, after the words, figures and brackets "the Dock Workers (Regulation of Employment) Act, 1948", the words and figures "or employment of a worker of any undertaking of the Central Government or the State Government in any area of a port within the meaning of the Major Port Trusts Act, 38 of 1963. 1963 or employment of a worker of the Board of Trustees of the port of Calcutta constituted under the Major Port Trusts Act, 1963" shall be inserted;
(b) in item 9, after the words "and supervision thereof', the words and figures except employment of a labourer employed by a railway administration within the meaning of the Indian 9 of 1890. Railways Act, 1890, in connection with the service of a railway" shall be inserted. 210 Page 1 Page 2