Applicability of Mathadi Kamgar Act

Question:

Binay Kumar : Today workers are very alert and no union actually form by workers but some dirty politician for collection of illegal money from workers formed union, their intention is never for health of factory as well as workers.If state government is not able helping you then you must go to high court for prey to safe factory and workers employment.Binay kumar



Answer

Hi
If your organisation is carrying out of loading and unloading work regularly or occasionally, it is mandatory to register your organisation under the said Act. You have mixed two things (You started with the point- have to go under medical examination- if it has to go, then do the medical check up, it does not cost more then 1500 for whole body check up or simply you can ask employee to bring fitness certificate from an MBBS doctor). All the industry mentioned in the schedule of The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969
comes under purview of the Act.
If you read section 5 of the schedule, it mention as :

Applicable to
5. Employment in markets, and factories and other establishments,
in connection with loading, unloading, stacking, carrying, weighing,
1 [measuring, filing, stitching, "sorting, cleaning or such other work]
including work preparatory or incidental to such operations carried on
by workers not covered by any other entries in this Schedule


So your organisation falls under this category.

I hope I have solved your query.

Regards
Govind

9 comments:

  1. Whether mathadi kamgar act is applicable on loading and unloading of furniture of personal use.

    ReplyDelete
  2. We have purchased furniture from china for home consumption. Whether Mathadi kamgar act will be applicable on loading and unlaoding of this.

    ReplyDelete
    Replies
    1. No
      Since it is not for the corporate/ industrial/ profit making use, it does not apply in your case

      Delete
  3. Good Afternoon Sir,
    Actually we are having a work of loading and unloading of raw materials in local in Mumbai. And we are not having our self private carrier we are dealing with transporter and we are having daily wages labour for loading and unloading of raw materials in our warehouse. So, it is also compulsory for us for the resigtration.

    Prateek Trivedi

    ReplyDelete
  4. Good Afternoon Sir,
    Actually we are having a work of loading and unloading of raw materials in local in Mumbai. And we are not having our self private carrier we are dealing with transporter and we are having daily wages labour for loading and unloading of raw materials in our warehouse. So, it is also compulsory for us for the resigtration.

    Prateek Trivedi

    ReplyDelete
    Replies
    1. Sorry for late reply. It remained unnoticed. It is applicable only if you are directly employing those people and if you are organisation falls under any of the following industry

      1. Employment in Iron and Steel Market or shops in connection with loading, unloading, stacking, carrying weighing, measuring or such other work including work preparatory or such operations.

      2. Employment in Cloth and Cotton Markets or shops in connection with loading, unloading, stacking, carrying, weighing, 1[measuring, filing, stitching, sorting, cleaning or such other work] including work preparatory or incidental to such operations.

      3. Employment in docks in connection with loading, unloading, stacking, carrying, weighing, measuring or such other work including work preparatory or incidental to such operations, but does not include employment of a Dock Worker within the meaning of the Dock Workers (Regulation of Employment) Act, 1948.

      4. Employment in Grocery Markets or shops, in connection with loading, unloading, stacking, carrying, weighing, measuring, filing, stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations.

      5. Employment in markets, and factories and other establishments, in connection with loading, unloading, stacking, weighing, measuring, filing, stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations carried on by workers not covered by any other entries in this Schedule.

      6. Employment in railway yards an goods-sheds in connection with loading, unloading, stacking, weighing, measuring or such other work preparatory or incidental to such operations by workers who are not employed by Railway Authorities.

      7. Employment in connection with loading of goods into public transport vehicle or unloading of goods therefrom and any other operation incidental and connected thereto.

      8. Employment in vegetable markets (including onions and potatoes markets) in connection with loading, unloading, stacking, carrying weighing, measuring, filing, stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations.

      9. Employment in markets or subsidiary markets established under Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, in connection with loading, unloading, stacking, carrying, weighing, measuring, filing stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations.

      10. Employment in Khokha making, and in timber market.

      11. Employment in salt pans.

      12. Employment in fishing industry.

      13. Employment in connection with the loading, unloading and carrying of foodgrains into godowns sorting and cleaning of foodgrains, filling foodgrains in bags, stitching of such bags and such other work incidental and connected thereto.

      14. Employment in establishment engaged in cleaning, sorting, loading, unloading, stacking, carrying, weighing, measuring, stitching, filling of onions or onion bags and such other work including the work preparatory or incidental or such operations.

      Delete
  5. Hi sir, iam a shopkeeper dealing with furniture while loading furniture in the shop and unloading to customer house by our employee mathadi hamal coming and asking money,mumbai shop act 1948 we have 2 kamgar, in this condition what to do we very frustated...pls help and advise

    ReplyDelete
  6. Hello sir,
    I run a small parking systems installation company.
    How we operate is, we take contracts from builders for manufacturing and installation of parking systems.
    we then hire a manufacturer to fabricate and manufacture the systems as per our drawings.
    the systems usually consists of heave steel C channels and GI patras and other smaller steel members.
    now, the loading of the steel members is taken care of by the manufacturer, the unloading of the same is done by us (our company employee hires daily wage labourers from a local naaka) or it is done by another insallation contractor hired by us. ( we do parking installations only in mumbai)
    The problem is every single time we/the contarctor try unloading the systems someone from the Mhathadi union comes and stalls the unloading and starts demanding random amounts for us to pay them or else they wont let us unload the steel members, claiming that it is mandatory for us to hire the union labouerers only and that i cant employ anyone else.
    What i want to know is that :
    i) is it compulsory for us to hire Mathadi workers for unloading of the steel members?
    ii) do they ( the supposed mathadi employees who come to our site demanding money) have the right and the authority to stall our unloading and insallation if we dont agree to their demands?
    iii) how do we know if these mathadi employees who come to us demanding money are legit?

    I'd like to bring to your notice that the unloading process (on different construction sites) happens only a couple of times a month. basically meaning that its not that regular.

    I'll be very relived if you could help me out with this because the mathadi is becoming a huge nuisance.

    thanks in advance. cheers.

    ReplyDelete
  7. Hello sir,
    I run a small parking systems installation company.
    How we operate is, we take contracts from builders for manufacturing and installation of parking systems.
    we then hire a manufacturer to fabricate and manufacture the systems as per our drawings.
    the systems usually consists of heave steel C channels and GI patras and other smaller steel members.
    now, the loading of the steel members is taken care of by the manufacturer, the unloading of the same is done by us (our company employee hires daily wage labourers from a local naaka) or it is done by another insallation contractor hired by us. ( we do parking installations only in mumbai)
    The problem is every single time we/the contarctor try unloading the systems someone from the Mhathadi union comes and stalls the unloading and starts demanding random amounts for us to pay them or else they wont let us unload the steel members, claiming that it is mandatory for us to hire the union labouerers only and that i cant employ anyone else.
    What i want to know is that :
    i) is it compulsory for us to hire Mathadi workers for unloading of the steel members?
    ii) do they ( the supposed mathadi employees who come to our site demanding money) have the right and the authority to stall our unloading and insallation if we dont agree to their demands?
    iii) how do we know if these mathadi employees who come to us demanding money are legit?

    I'd like to bring to your notice that the unloading process (on different construction sites) happens only a couple of times a month. basically meaning that its not that regular.

    I'll be very relived if you could help me out with this because the mathadi is becoming a huge nuisance.

    thanks in advance. cheers.

    ReplyDelete

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