(1) Notwithstanding anything contained in the Payment of 4 of 1936.
Wages Act, 1936 (hereinafter referred to in this section as the said Act), the State Government may by notification direct that all or any of the provisions of the said Act or the rules made thereunder shall apply to the payment of wages to all or any class of registered unprotected workers employed in any scheduled employment to which this Act applies, with the modification that in relation to such workers, employer shall mean, where a Board makes the payment of wages to any such worker, the Board, and in any other case, the employer as defined in this Act; and on such application of the provision or provisions of the said Act or the rules made thereunder, an Inspector appointed under this Act shall be deemed to be an Inspector for the purpose of enforcement of such provision or provisions of the said Act or the rules made thereunder within the local limits of his jurisdiction.
(2) The State Government may, only if the Advisory Committee so advises, by a like notification, cancel or vary any notification under subsection (1).
496 The West Bengal Mazdoor, Tindal, Loader, Godownman and Other Workers (Regulation of Employment and Welfare) Act, 1981.
LI of 1981.]
(Sections 23-25.)
23. Notwithstanding anything contained in the Maternity Benefit 53 of 1961.
Act, 1961 (hereinafter referred to in this section as the said Act) the State Government may by notification direct that all or any of the provisions of the said Act or the rules made thereunder shall appy to an establishment wherein registered unprotected women workers are employed in any scheduled employment to which this Act applies; and for that purpose the workers concerned shall be deemed to be women within the meaning of the said Act; and in relation to such women, employer shall mean, where a Board makes the payment of wages to any such woman, the Board, and in any other case, the employer as defined in this Act; and on such application of the provision or provisions of the said Act or the rules made thereunder, an Inspector appointed under this Act shall be deemed to he an Inspector for the purpose of enforcement of such provision or provisions of the said Act or the rules made thereunder within the local limits of his jurisdiction.
24. Nothing contained in this Act shall affect the rights or privileges of whatever kind enjoyed by any registered unprotected worker, employed in any scheduled employment, on the date of coming into force of this Act under any other law for the time being in force or under any contract, custom or usage applicable to such worker, if such rights or privileges are more favourable to him than the rights or privileges to which he would be entitled under this Act or any scheme:
Provided that no such worker shall be entitled to any corresponding benefit under the provisions of this Act or a scheme.
Application of the Maternity Benefit Act.
1961, to unprotected workers.
Rights and privileges under other laws not affected in certain cases.
25. The State Government may, after consulting the Advisory Exemptions.
Committee, by notification exempt, subject to such conditions and for such period as may be specified in the notification, from the operation of all or any of the provisions of this Act or any scheme any class of unprotected workers employed in any scheduled employment or in any establishment, if in the opinion of the State Government such unprotected workers are in receipt of benefits not less favourable than the benefits under this Act or any scheme:
Provided that before any such notification is issued, the State Government shall, by a notice, published in the Official Gazette, of its intention to exempt from the operation of all or any of the provisions of this Act or any scheme any class of unprotected workers as aforesaid, invite objections and suggestions in respect thereto, and no such notification shall be issued until a period of one month has expired from the date of publication of the notice in the Official Gazette and the objections and suggestions, if any, received by it during such period have been considered:
497 The West Bengal Mazdoor, Tindal, Loader, Godownman and Other Workers (Regulation of Employment and Welfare) Act, 1981.
[West Ben. Act (Sections 26, 27.)
Provided further that the State Government may, at any time, by notification and for reasons to be specified therein, rescind any such notification as aforesaid.
Inquiry into xvorkine of Board.
Supersession of Board.
26. (I) The State Government may, at any time, appoint any person to investigate or inquire into the working of any Board or scheme and submit a report to the State Government in this regard.
(2) The Board shall give to the person so appointed all facilities for the proper conduct of the investigation or inquiry and furnish to him such documents, accounts or information in possession of the Board as he may require.
(3) Any person appointed to investigate or inquire into the working of any Board or scheme shall exercise all the powers of an Inspector appointed under this Act.