The Motor Transport Workers Payment of Fair Wages Act, 23 of 1971

213
THE KERALA MOTOR TRANSPORT WORKERS PAYMENT
OF FAIR WAGES ACT, 1971
(Act 23 of 1971)
CONTENTS
? Preamble.
Sections
1, Short utle, extent and commencement.
Definitions.
Fair wages payable to motor tranSport workers
Penalty for non~payment of fair wages.
Application by motor transport workers not included
in the schedule
wewse
6. Cognizance of offences.
7. Savmg of other loans.
8, Repeal and Saung.
Schedule A
.‘ Schedule B
THE KERALA MOTOR TRANSPORT WORKERS' PAYMENT
OF FAIR WAGES ACT, 1971‘
(Act 23 of 1971)
An Act to provide for payment of fair rates of wages for
motor transport workers in the State of Kerala and for
matters incidental thereto
Preamble—WHEREAS it is expedient to prowde for pay-
ment of fair rates of wages for motor transport workers in
the State of Kerala and for matters inc1dental thereto,
BE ll enacted in the Twenty Second Year of the Republic
of India as follows :—
1. Short title, extent and commencement—(ll This Act
may be called the Kerala Motor Transport Workers' Payment
of Fair Wages Act, 1971.
‘Fublished m the Gazette Extraordinary No. 342, dated 3rd
August, 1011.

214
(2) it extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the
first day of April, 1969.
2. Definitions—In this Act, unless the context otherWise
requires,—
(a) "employer" means in relation to any motor trans-
port undertaking, the person who or the authority which,
has the ultimate control over the affairs of the motor trans—
port undertaking, and where the said affairs are entrusted to
any other person whether called a manager, managing
director, managing agent or by any other name, such other
person;
(b) "motor transport undertaking" means a motor trans-
port undertaking including a private carrier engaged in carry—
ing passengers or goods or both by road for hire or reward:
(c) "motor transport worker" means a person who is
employed in a motor transport undertaking directly or through
an agency, whether for wages or not, to work in a professional
capaCity on a transport vehicle or to attend to duties in con—
nection With the arrival, reparture, loading or unloading of
such transport vehicle and includes a driver, conductor,
cleaner, station staff, line checking staff, booking clerk, cash
clerk, depot clerk, time keeper, watchman, or attendant,
(d) "fair wages" means the rate of wages payable to
the motor transport workers specified in the Schedule to this
Act or the agreed rate of wages whichever 15 higher.
3. Fair wages payable to motor transport workers.—
Notwrthstanding anything contained in any other law, rule,
order or notification having the force of law or contract, every
employer shall pay to any motor transport worker under his
employment fair wages in respect of his employment, or the
work done in such employment:
Prowded that the arrears of fair wages payable by an
employer for any period prior to the date of publication of
this Act in the Gazette shall be paid before the expiry of six
months after the date of such publication in not more than
Six monthly instalments.
4. Penalty for non-payment of fair wages—Any employer
who refuses to pay fair wages as pi'OVided in this Act to any

215
motor transport worker Without reasonable cause shall. on
conviction be punishable with imprisonment for a term which
may extend to Six months or With fine which may extend to
five hundred rupees or With both.
5. Application by motor transport workers not included
in the schedule.—(1) Any motor transport worker may, within
a period of one month from the date of publication of this
Act in the Gazette, make an application to the Labour Com-
missmner that he has not been included in a category of the
schedule.
(2) On receipt of such an application the Labour Com-
missmner may, after hearing the applicant and the employer
and making such enquiries as he may COHSldel‘ necessary
pass orders deCiding the category in which the applicant is
to be included.
(3) Against the orders of the Labour Commissmnei an
appeal shall lie to the Government. The appeal shall be
filed Within one month of the date of reCEipt of the orders of
the Labour Commissmner.
6 Cognizance of oflences.—-(l) No courl shall lake
cognizance of an offence under lhis Act save on complaint
made by such authority as the Government may, by notifica-
tion in the Gazette, specify
(2) No court inferior to that of a Magistrate of the
First'CIass shall try any offence under this Act.
7 Saving of other laws.——-The provisions contained in
this Act shall be in addition to, and not in derogation of the
proviSions contained in the Payment of Wages Act, 1036
(Central Act 4 of 1956), the Minimum Wages Act, 1948
(Central Act 11 of 1948), the Motor Transport, Workers Act,
1961 (Central Act 27 of 1961) and the Industrial Disputes Act,
1947 (Central Act 14 of 1947).
8 Repeal and Saving—(l) The Kerala Motor Trans—
port Workers' Payment of Fair Wages Ordinance, 1971 (8 of
1971) is hereby repealed.
(2) NotWithstanding such repeal anything done or any
a'ction taken or any proceeding instituted under the said Ordi-
nance shall be deemed to have been done or taken or instituted
under this Act.

216
SCHEDULE A
Calcgogy Deames: Home rent
of P417 male allowance allawancnfor
employee: all worker:
R5. R5. R5.
Class of Employers—I (Employers owning 5 or less than 5 vehicles)
I 55—2—65—3—80—4~—100 65 5
II 65—3—80—4—100—5—125 65 5
III (A) 80—4—100—5—125—6—155 65 5
III (B) 85—4—105—5—130—6—160 65 5
IV l00—5—125—6—i 55—7—190 70 5
V 125—6455—7—190—EB-10—24O 70 5
VI 140-7—1 75—3—215—EB—l2—275 70 5
Class of Employers—II (Employers owning more than 5 but less than 26
vehicles)
I 55—2—65—3—80—4-—100 70 5
II 65—3—80—4-4 00-5—1 25 70 5
III (A)! 80—4-100—5-125—6—155 70 5
III (B) 85—4—105—5—130—6—160 70 5
IV 100—5—l25—6v155~7—190 75 5
V 125—6—155—7—190—EB—10—240 75 5
VI l40—7—l 75—8—215—EB—l 2—275 75 5
Class of Employers—III (Employers owning 26 or more vehicles)
I 55—2—65—3—80—4—1 00 75 5
II 65—3—80—4—100—5425 75 5
III (A) 80—4—100—5—125—6—155 75 5
III (B) 35—4-105—5—130—6—160 75 5
IV I 00$~l 2545—155—7—190 80 5
V 125-6—155—7—190—EB—10—240 80 5
VI l40—7—l 75—8—215—EB—l2—275 80 5
Norm—The Dcarness Allowance mentioned above is linked to All
India Average Consumer Price Index of working class
published by Labour Bureau, Simla, for April 1969 when it
stood at I71, With 1960:100. For every rise or fall per
point an adjustment of 75 paise would be made in it. The
revision will be effective prospectively from lsi April every
year on the basis of the average of the indices for the earlier
12 months [0| January to December. The Deamess Allo-
wance as shown in the Schedule will not be reduced even if
‘he index figure goes below 117.
.__...___..___‘

mfloweww-
9.
ll.
:fiba
Mt"
-a_____a_a_~°wmv¢mewwr999saw
99p?
2H
SCHEDULE B
CLASSIFICATION OF WORKERS
Category l-Unskilled
Cleaner
Helper
Loadman
Porter
Ramp Attendant
Attendant/Attender
Mazdoo r
Hammerman
Pa cker
Swee per
Watch man[Chowkidan Gate
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Keeper/Sepoy/Armed Guard 22.
Peon
Khalasi
Liftman
Guest Room Attendant
Sanitary Worker
Roneo Duplicator/Duplicat-
ing Operator
Sorter
Record Supplier
Daftry
Adrema Operator
Nursing Orderly
Category II-Semi-skilled
Conductor
Booking, Delivery and other
clerks in Goods Transport
Load Reporter
Time-keeper (working at
places other than workshop
depots and offices)
Assistant Fitter
Assistant Electrician
Assistant Carpenter
Assistant Blacksmith
Assistant Welder
Assistant Turner
Assistant Tyre-man
Assistant Greaser
Assistant Battery-man
Assistant Painter
Assistant Liner
Assistant Binder
Assistant Compositor
Stitching man
Cutting man
.
Junior Clerk
Typist
22.
23.
24.
25.
26.
27.
28.
29.
30
31
32.
33.
34.
35.
36.
37.
38.
39.
40.
41
42.
43.
Telephone Operator
Compounder/Di esser
Storeman
Store Assnstant
Tracer
Assistant Draughtsman
Telephone Assistant
Assistant Cashier
Steno-Typist
Assistant Store-keeper
Gardener
Watch and Ward Inspector
Record Assistant
Salesman
Shrofl"
Security Havildar
Assistant Fire Warder
Record Keeper-cum-Libra-
nan
Inquiry Clerk
Estimator
Work Assistant
Blue Printer
Category Ill—Skilled—A
Checking Supervisor
Planning Inspector
Checking Inspector
Time-keeper in workshop
offices and deposits
5.
6.
7.’
8.
Senior clerk
Stenographer
Store-keeper
Advertisement Assistant

______~ Pveywrppmswmeww—
WNQP+9PT
m
w+
wwr
218
Category III—Skilled—A—(mnt.)
Art Executive 13. Statistical Clerk
Purchase Assistant 14 Receptionist
Store Verifier 15. Binder
Draughtsman 16 Fire Warden
Category Il'l—Skilled—B
—(
Driver 17. 'l‘msmith
Technical Inspector 18. Assxstant Mechanic
Route Inspector 19. Plumber
Tyre Examiner 20 Tinker
Crane Operator 21. Liner
Driving Inspector 22. Boilerman
Fitter 23. Machinist
Electrician 24. Pumb tender
Carpenter 25. Vulcaniser
Blacksmith 26. Assistant Electric Supervisor
Welder 27. Overseer
Turner 28. Nurse
Tyreman 29. Comptist
Greaser 30. Cashier
Batteryman 31. Junior Assistant ;
Painter 32. junior Accountant
'
Category IV—Skilled
Traffic Supervisor 9. Statistical Superintendent
Mechanic/Head Mechanic 10. Legal Assistant
Electrical Vulcaniser 1 I. Confidential Secretary to
Head Painter Chainman
Head Spray Painter 12. Chief Store Keeper
Chief Mechanic 13. Audit Assistant
Electric Supervrsor [4. Head Draughtsman
Head Clerk
Category V—Junior Supervisory
Superintendent of Training 7. Purchase Supervisor
Public Complaint Officer 8 Technical Supervisor
Deputy Superintendent of 9. Inspection and Claim Officer ‘4'
Operation 10. Medical Officer
Assistant Foreman 11. Junior Accounts Officer
Assistant Works Superinten- 12. Advertisement Officer
dent 13 Accident Officer
Store Supervisor 14. Auditor

9999+9Nr
219
Category VI
—
Senior Supervisory
Depot Manager
Superintendent of Operation
Trafific Superintendent
Foreman
Accountants
Inspector of Accounts
Internal Auditor
Office Superintendent
9.
10.
ll.
12.
l3.
l4.
Superintendent
Legal Assistant
Supervisor Establishment]
Statistic/Labour
Statistical Officer
Administrative and Personnel
Officer
Technical Officer
Assistant Manager
workshop]

‹ Prev All Kerala acts Next ›