Duties of the Board

THE GROCERY MARKETS OR SHOPS UNPROTECTED'WORKERS SCHEME 1970
(REGULATION OF EMPLOYMENT AND WELFARE)
(as modified up to August 1989)

1) Objects: The objectives of the scheme are to ensure an adequate supply and full and proper utilization of unprotected workers employed in.

1. Grocery Markets or Shops in connection with loading. unloading, stacking. carrying. weighing. measuring [filling. stitching. sorting, cleaning] or such other work including work preparatory or incidental to such operations:
2. markets and other establishments in connection with loading, unloading, stacking carrying weighing measuring. [filling, stitching sorting, cleaning] Of soda ash, coal-tar, lime, colour chemicals, chemical products including fertilizers gunny bags, coir ropes. ropes, mats, hessian cloth, hessian yarn, oil, cake, husk, chuni and chhala or such other work including work preparatory or incidental to such operations carried on by workers not covered by any other entries in the schedule for efficient performance of work and generally for making better provisions for the terms and conditions of employment of such workers and make provision for their general welfare.
3. onion and potato wholesale markets in connection with loading, unloading, stacking, carrying, weighing measuring [filling, stitching, sorting. Cleaning]. or such other work, including work preparatory or incidental to such operations.
4. factories and mills manufacturing grocery products if such employment is connected with loading, unloading. stacking, carrying, weighing, measuring, [filling stitching sorting, cleaning] Or such other work including work preparatory or Incidental to such operations carried on by workers covered entry 5 in the schedule to the Act.
5. railway yards and goods sheds in connection with loading, unloading, stacking, carrying, weighing. measuring [filling, stitching, sorting, cleaning] Of grocery articles or such other work preparatory or incidental to such operations by workers who are not employed by Railway Authorities and
6. factories and mills manufacturing colour chemicals, chemical products including fertilizers. in connection with the loading, unloading, stacking, carrying, weighing. measuring [filling, stitching, sorting, cleaning] Or such other work including work preparatory or incidental to such operations carried on by workers covered entry 5 in the Schedule to the said Act.

(2) Application: - This Scheme shall be deemed to have applied or as the case may be, shall apply: -

1. to the workers working in groups or tolis in Greater Bombay in the scheduled employments specified in column 1 of the Schedule hereto and to the employers in those scheduled employments in Greater Bombay on and from the 17 February 1975:
2. to the workers (not being those working in groups or tolis), and the employers in the scheduled employments specified in column 1 of the Schedule hereto in the areas respectively specified against them in column 2 of the Schedule, on and from the dates respectively specified against them in column 3 of the said Schedule.

Vide GN. IE & LO No. UWA.1482JCR-B005/Lab-!5 1.7.1983.

1. "Act" means the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969:
2. "Board" means the Grocery Markets and Shops Board for Greater Bombay constituted under Section 6 of the Act:
3. "Chairman" means the Chairman of the Board:
4. "employer" means the employer whose name is for the time being entered in the register of employers:
5. “monthly worker" means a worker who is employed by an employer or a group of employers on contract on monthly basis:
6. “pool worker" means a registered worker in the pool who is not a monthly worker:
7. "pool” means a list of workers maintained by the Board but which does not include monthly workers:
8. "worker" means a worker whose name is for the time being entered in the register of pool workers or in the register of monthly workers:
9. "register of employers" means the register of employers maintained under this scheme:
10. "register of workers" means the register o' workers maintained under this scheme:
11. "Secretary" means the Secretary of the Board:
12. "Personnel Officer" means the personnel Officer appointed by the Board under clause 5:
13. "rules" means the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Rules, 1970.
14. “week" means the period of seven days commencing on midnight of Saturday and ending on the midnight of the Saturday next following.
    

Secretary, Personnel Officer, and other servants of the Board: -

• The Board may appoint a Secretary, a Personnel Officer and such other officers and servants on such terms and conditions of service as it deems fit:
• Provided that no post, the maximum salary of which exclusive of allowance is Rs. 500 and above per mensem shall be created and no appointment to such post shall be made by the Board except with the previous approval of the State Government:
• Provided further that, the previous approval of the State Government shall not be necessary to any appointment in a leave vacancy of a duration of not more than three months.
  

(1) The Board may take such measures as it may consider desirable for carrying out the objectives of administering the scheme set out in clause 2 including measures for

1. ensuring the adequate supply and the full and proper utilisation of registered workers for the purpose of facilitating the rapid turnout of work:
2. regulating the recruitment and entry into, and the discharge from the scheme of and allotment of registered workers in the pool to registered employers:
3. determining and keeping under review the number of registered workers from time to time, on the registers or records and the increase or reduction to be made in the number of registered workers:
4. keeping, adjusting and maintaining the employer's registers. entering or re-entering therein the name of any employer and where circumstances so require removing from the register the name of any registered employer in accordance with the provisions of this scheme:
5. keeping, adjusting and maintaining from time to time, such registers or records, as may be necessary of workers including any registers, or records of workers who are temporarily not available for work and whose absence has been approved by the Board and where circumstances so require removing from any register or record the name of any registered worker either at his own request or in accordance with the provisions of this scheme;
6. grouping or regrouping of all registered workers into such groups as may be determined by the Board, and reviewing the grouping of any registered worker on the application of a registered worker,
7. making provision, subject to availability of funds, for welfare of registered workers including medical services in so far as such provision does not exist apart from this scheme.
8. recovering from registered employers’ contribution in respect of the expenses of this scheme, wages, levy and any other contributions under this scheme:
9. making provision, subject to availability of funds. for the health and safety measures in places where workers are employed in so far as such provision does not exist apart from this scheme.
10. maintaining and administering tie workers welfare fund and recovering from all. the registered employer’s contribution towards the fund Where such fund is constituted In accordance with the rules of the fund.
11. maintaining and administering provident fund and gratuity fund for registered workers in the pool when such funds are constituted:
12. assisting, subject to the availability of funds. by way of grant of loan, the co-operative societies formed for the benefit of registered workers and staff of the Board.
    

(2) All property fund and other assets vesting in the Board shall be held and applied by it. subject to the provisions and for the purposes of this scheme

(3) The Board shall have and maintain its Own fund to which shall be credited-

1. all nominees received by the Board front the State Government.
2. all fees. wages and levies received by the Board under this.
3. all monies received by the Board by way Of sale and disposal Of properties other assets;
4. interest in investment in securities and deposits, rents and all monies received by the Board in any other manner or from any other
   

(4) All monies forming part of the funds shall be kept in current or deposit account with the State Bank of India or the Reserve Bank of India or in any nationalised Scheduled Bank I or any Scheduled Bank or any co-operative Bank) or invested in securities as may be approved by the Board. Such accounts shall be operated by such officers of the Board as may be by it:
Provided that the Board may keep on hand such sum not exceeding Rs. 1, OOO as the Board may consider necessary.

(5) The Board may with the previous permission of the State Government borrow money from open market or otherwise with a view to provide itself with adequate resources.

(6) The Board may accept deposits on such conditions as it deems fit from persons, authorities or establishments with whom it has to transact any business,

(7) The Board shall make provision for such reserve and other denominated funds as may be provided in this scheme,

(8) The Board shall have the authority to spend Such sum as it thinks fit for the purpose authorised under the scheme from out of the general fund of the Board or from the reserve and other funds as the case may be.

(9) The Board shall cause the proper account to be kept of the cost of operating this scheme and of all receipts and expenses under this scheme.

(10) The Board shall submit to the State Government

1. as soon as may be after the 1st day of April in every year, and not later than the 31st day of October, an Annual Report on the working of this scheme during the preceding year ending the 31st of March, together with an audited balance-sheet, and
2. copies of proceeding of the meeting of the Board.

(11) The Board may -

1. fix the number of workers to be registered under the various categories.
2. increase or decrease the number of workers in any category or the register from time to time, as may be necessary after a periodical review of the register and anticipated requirements:
3. sanction the temporary registration of a specified number of workers in any category for specific periods.
4. device forms. records, registers, statements and the like required for administration of the scheme.
5. determine the wages, allowances and other conditions of service including age of retirement of registered workers.
6. fix the rate of levy under Clause 42(i).
7. appoint. abolish or reconstitute the committees under clause 28:
8. sanction the annual budget.
9. subject to the provision of clause 5 appoint a secretary. the Personnel Officer and other staff of the Board.
10. make recommendation to the State Government about any modification in the scheme:
11. settle disputes between registered employers and registered workers.
12. discuss statistics output of labour and turnout of work and record its observations and directions.

The Chairman shall at a special meeting to be held before the end of February in each year lay before the Board, the annual budget of the scheme for the year commencing on the first day of April, then next ensuing in such details and forms as the Board may from time to time specify, The Board shall consider the estimate so presented to it and shall within 4 weeks of its presentation sanction the same either unaltered or subject to such alteration as it may deem fit.

Without prejudice to the powers and functions of the Board the Chairman shall be generally responsible for satisfactory execution of the scheme and shall have powers execute the decisions of the Board subject to its directions and in particular: -

1. (a) to ensure that the decisions of the Board in regard to the adjustment of the registers of workers are carried out expediently.
3. (b) to ensure that the sanction for temporary registration of workers are carried out without delay:
4. (c) to supervise and control the working of the scheme.
5. (d) to take suitable steps if any irregularities are detected by him or brought to his notice.
6. (e) to ensure that the provisions of the scheme in regard to transfer and of workers are carried out:
7. (f) to constitute medical Boards when required.
8. (g) to ensure that conditions laid down in the scheme for the registration of employers are compiled with by them.
9. (h) to ensure that ali forms, registers, returns and documents devise by the Board are properly maintained.
10. (i) to ensure that suitable statistics in regard to the Output Of labour is compiled and placed before the Board with appropriate remarks and at such intervals as the Board may desire.
11. (j) to sanction the creation o8f posts the maximum salary of which exclusive allowances is below Rs. 500 per month and to make "Wit to such posts.
12. (k) to make appointments to posts the maximum salary of which exclusive is Rs. 500 per month.
13. (l) to take disciplinary action against workers and employers in accordance with the provisions of the scheme.
14. (m) to declare that there has been •a go slow' and to take action as authorised under this scheme.
15. (n) to sanction the transfer of a monthly worker to the pool at the request of the employer or the worker. as provisions of the scheme.
16. (o) to deal with appeals from workers and employers under clause 38 and 39.
17. (p) discharge all functions relating to disciplinary action against registered employers and workers to the extent permitted under clause 35.

Without prejudice to the powers and actions of the Board and the Chairman, the Secretary shall perform duties imposed on him by this scheme in discharge of his duties and in particular be responsible for

1. (a) keeping, adjusting and maintaining the register of employers entering or re-entering therein the name of any employer and where the circumstances so require removing from the register the name of any registered employer in accordance with the provisions of this scheme.
2. (b) keeping, adjusting and maintaining from time to time such registers or records as may be necessary of workers including any registers or records ot workers, who are temporarily not available for work and whose absence has been approved by the Board and where the circumstances require removing from any registers or records the name of any registered worker, either at his request or in accordance with the provisions of this scheme.
3. (c) the employment and control of registered workers who are available for work. when they are otherwise employed in accordance with this scheme.
4. (d) the grouping or re-grouping of registered workers in suitable pools, in accordance with the instructions received from the Board in such groups as may be by the Board.
5. (e) the allotment of registered workers in the pool who are available for work to registered employers and tor this purpose, the Secretary shall-
   1. (i) make the fullest possible use of registered workers in the pools,
   2. (ii) keep the record of attendance at call stands or control point of registered workers;
   3. (iii) provide for the maintenance of records of employments and earnings of registered workers.
   4. (iv) make or cause to be made the necessary entries in the attendance cards and the wage slips of the workers in the reserve pool as laid down in clause 23.
6. (f)
   1. (i) the collection of levies or any other contribution from the employers under the scheme.
   2. (ii) the collection from registered workers of contribution to the Provident Fund, Insurance Fund or any other fund which may be constituted under the scheme.
   3. (iii) the payment to each daily worker of all earnings law-fully due to him from the registered employer and the payment to such workers of all monies payable by the Board in accordance with the provisions of this scheme.
7. (g) appointing subject to budget provisions such officers and servants from time to time. as may be authorised by the Board or the Chairman to appoint.
8. (h) keeping of proper accounts of cost of operating this scheme and of all receipts and expenses under it and making and submitting to the Board an Annual Report and Audited Balance-Sheet and profit and loss accounts statements.
9. (i) framing budget annually for Submission to the Board on or before the 15th day of February each year;
10. (j) maintaining complete service records of all registered workers and record sheets of all registered employer:
11. (k) authorising the employment of unregistered workers in case registered workers not available for work in the pool or in Such other circumstances as the Chairman may approve, and-
12. (l) such other functions as may, from time to time, subject to the provision of this scheme be assigned to him by the Board or the Chairman.

The Personnel Officer shall assist the Secretary in the discharge of his duties and shall. in particular carry out the functions to him by clause 35 of this

1. (1) Register of employers: - There shall be a register of employers in the form devised by the Board wherein the names and addresses of the employers registered, under this scheme shall be entered.
2. (2) Register of Workers: - There shall be a register of workers who are engaged by the Board where in the names and addresses of workers registered under this scheme shall be entered shall be duty maintained.
3. (3) Monthly Register: - There shall be a register of workers who are engaged by each employer on contract on monthly basis and who are known as monthly workers.
4. (4) Pool Registers: - There shall be a register .01 workers Other than those on the monthly register known as poo' workers. This register shall include a sub-pool of workers who are not attached to any gang to fill casual vacancies in gangs. The workers included in such a sub-pool shall be known as leave reserve workers.

The Board shall arrange for the classification of workers in suitable categories as may be determined by it from time to time.

The Board shall determine before the commencement o' registration in any category, the number of workers required in that category in consultation with the

Within forty-five days from the date on which this Scheme applies to him. or such lesser period as may be specified by the State Government every employer shall unless the said period has already expired apply to the Board 'or registration in the Form appended to the Principal Scheme.

Any worker who. on the date from which this Scheme applies to him is or was working in any scheduled employment specified In column 1 to the Schedule hereto shall be registered under this Scheme. Any other worker who has been or was working in the said Scheduled employment on such date as has been or may be specified by the Board in that behalf may be so registered if he is a citizen of India possesses such qualifications as have been or may be specified by the Board having regard to local conditions. physical fitness, capacity and experience and is not more than sixty years of age or medically unfit.

1. (1) A vacancy (other than casual vacancy) in any category of registered workers in a pool register shall ordinarily be filled by promotion of a registered worker from the next lower category within the same gang.
2. (2) A vacancy (other than casual vacancy) in any category of registered monthly workers may be filled only by promotion from lower categories of registered monthly workers in gang or, if no registered worker is suitable for promotion from lower categories of registered monthly workers in the same gang, by transfer of a registered worker in the same or a superior category in the, pool who may be selected by registered employers or a group of registered employers. Explanation The criteria for promotion shall ordinarily be:
   1. (a) seniority:
   2. (b) merit and fitness for the category to which promotion is to be made: (
   3. c) record of past service: Note A transfer from the pool register to the monthly register in the same category or vice-versa shall not be to be a promotion.
3. (3) The Chairman or the Secretary may for sufficient and valid reasons allow the transfer of a registered monthly worker to the pool on a request in writing of the registered employer or the registered worker explaining fully the reasons for the transfer provided that such transfer shall be subject to the fulfilment of any contract subsisting between the registered monthly worker and his registered employer regarding termination of employment. No transfer shall take place without the prior approval of the Chairman or the Secretary.
4. (4) It the services of a registered monthly worker are terminated by the employer 'or an act of indiscipline or misconduct he may apply to the Board tor employment In the POOL The Secretary on behalf of the Board shall then decide on the case. whether or not the registered worker should be employed by the Board and If so, whether in the same or a lower category.
5. (5) if a registered monthly worker Is transferred to. or employed in the pool under subclause (3) or subclause (4) as the case may be. his previous service shall be reckoned for all benefits in the pool and the registered employer shall transfer to the Board all benefits that have accrued to the registered worker in respect of his previous service as if such service has not seen transferred. The registered employer shall contribute to the Board such amount of the provident fund of the registered worker, it any. standing to his credit in the provident fund of which he is a member and such amount towards his leave and gratuity as may have been due to tum under any contract subsisting between the registered worker and his registered employer or under any law. award or agreement applicable to such registered worker. as if his services has been terminated by the registered employer.