LexThe Headload Workers Act 20 of 1980
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE KERALA HEADLOAD 202f WORKERSACT, 1978 20 OF 1980) (AMENDED BY ACT dOF 1994),Act 27 of 2008 1Act 3 of 2009 & Act 13 of 2013. An Act to Regulate the Employment'of Head load Workers in the Slate of Kerala and to Enake prevision for their Welfare, for the Settlement of Disputes in Respect of their Employment or Non-Emploment and for matters connected therewith. Preamble:- WHEREAS it is expedient to regulate the employment of head load workers in the State of: Kerala and to make provision for their welfare, for the settlement of disputes in respect of their employment ornon-employment and for matters connected thereith; BE it enacted in the Twen(y-ninth year of the Republic of India as follows: 'CHAPTERl PREUMINARY 1. Short Title, Extent and COmmencement:-(1) This Act may be called the Kerala Head Workers Act, 1978. It extends to the whole of the StAte of Kerala. It shall come into force on such date as the Government may, by notification in the Gazette, appointment and different dates may he appointed for different areas and for different provisions of this Act and for different establishment." 2. Definitions:.Pn this Act, unl4ss the cohtext otherwise requires,- (a) °adolescent" means a peron Who has completed his fifteenth year of age but has norEompleted his eighteenth year of age; adult" means a person who has completed his eighteenth year of age; 'appeUate authority" in relation to any area, means the appellate authority appointed under S. 4 for that area; [(d) "Board means a Regulatory and Welfare Board estabhshed under S. 14]; [(e) "Committee" means a Regulatory and Welfare Authority appointed under MII (f) "Concijiation Office( in relation to any area, means the Conciliation Officer - appointed under S. 3 for that area; *((g) "Contractor" in relation to an establishment, means a person who undertakes to execute any work for such establishment by engaging head load workers on hire or otherwise., or who supplies head load workers' (for the purpose of, engaging them in such establishment and includes a sub contractor and a broker, or a clearing and forwarding agent, or commission agent or mercantile agent or consignment agent or owner of a vehicle for a carriage of goods.) (h) 'dispute" means any dispute or difference between employers and employers or between employers and head load workers or between head load workers and 'flITh! workers, which is connected with the employment or non employment or the terms of employment or the conditions of employments, of any head load workers. Explanation: Where any employer discharges, dismisses, retrenches or otherwise terminates the services of, or denies employment of an individual head load worker, any dispute or difference between that head load worker and his employer connected with, or arising out of, such discharges, dismissal, retrenchment or otherwise termination or denial of employment shaD he deemed to be a dispute Substtutcd by Act 27 of 2008 pubhsbed k'. KG Lxt,Nc,17S dtd 0808,2008 notwithstanding that no other head load worker or any union of head load workers is a party to the dispute. °employer means, (I) in relation to a head load worker2 (employed or ) engaged by or through a contractor, the principal employer' rE(ii) in relation to a head load worker who is not employed or engaged by any employer or contractor, the Committee appointed under S. 18 * *[Exptanation: For the purpose of this sub clause head load worker" means a person registered as head load worker under the Scheme, and whose wages are paid by the employer or contractor through the Committee concerned]. (iii) in relation to any other head load worker, the person who has ultimate control over the affairs of the establishment in or for which the head load worker is employed and includes any other person to whom the affairs of such establishment are entrusted, whether such person is called an agent, manager or by any other name prevailing in such establishment; "establishment' means an establishment specified in the schedule and includes the precincts thereof: 3(k) "farnliy means 4(husband, wife, dependent parents, minor children, including legally adopted children) unmaftied or widowed daughters, who are dependent mentafly challenged children who are depAndent and wholly dependent unmarried sisters) (I) "funds' means a fund constituted under a Scheme; (m) 'head load worker" means [a person engaged or employed directly] or rerted by Act 27 of 2008,pubhshcd in K,G.Ext,No.1757 dt 8,8.2008 (iuse(K} Substituted by Act 13 of 2013 by NJot1n.No.10715/Leg.C2/201O/Lw Dt.5.03.20'13.PuL'lisbed in KGIE*tn.No649 dt 5.3.2013 4 Substituted Act 27 of 2008 pubflshed in K.G.No,1757 dt8.8.2008 through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trofly any article or articles in or from or to a vehicle or any place in such establishment or stacking articles excluding delicate or sophisticated articles in a vehicle or unloading by sliding using manuel labour from a mechanically propelled vehicle or a person who does in connection with the work in ports ,the works likes filling of feffihizers in sacks weighng and stiching of sacks, bundling, breaking seeks of containers,stacking and includes any person not employed by any employeror contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages, but does rjot includes a person engaged by an individual for domestic purposes. iExplanation: For the purpose of this clause, "a person engaged by an individual for domestic purposes" means any person engaged by an individual for any article for construction of a building for his own residential purpose; any article in connection with marriage or other family function in his residence or in places where marriage or other family functions are conducted; any house-hold articles including furniture in connection with the shifting of a dwelling house of a person; any article or articles for carrying out any agricultural operations in his land any articles exclusively for his personal use and not for any industrial or commercial purposes] "lnspector means an Inspector appointed under S. 5 minor" means a person who has not completed his fifteenth year of age; "principal employer" means an employer who engages a head load worker by or through a contractor in any establishment; prescribed" means prescribed by rules made under this Act; "scheme' means a scheme made under this Act; (s) wages means all temuneration, whether payable in cash or in kind which would, if the terms of employment, express or implied, were fulfilled, be payable [o a head load worker employed in an establishment or for work done in such establishment, but does not include- (I) the value ci— any house accommodation, supply of light' water or medical attendance; or any other amenity or service excluded by general or special order of the Government; or any contribution paid by the employer to any pension fund or any scheme of social insurance and the interest which may have accrued thereon; or any travelling allowance or value of any travelling concession; or any sum paid to a head load worker to defray special expenses entailed on him by the nature of his employment; or any gratuity payable on discharge; or any bonus. [CiN1it1 CONCILIATION OFFICERS, APPELLATE AUTHORITIES AND 3. Appointment of Conciliation Officers:-me Government may, by notification in the Gazette, appoint for any area specified therein any officer of the Labour Department not below the rank of Deputy Labour Officer to be a Conciliation Officer for the purpose of performing the functions entrusted to the Conciliation Officer by or under this Act. I 4. Appellate Authorities:-The Government may, by notification in the Gazette, appoint for any area specified therein an officer of the Labour Department not below the rank of District Labour officer to be an appellate authority for the purpose of performing the functions of the appellate authority under this Act, S. lnspectors:(1) The Government may; by notification in the Gazette, appoint- such officers* such persons as possess the prescribed qualifications, as they think fit, to be Inspectors for the purposes of this Act and define the local limits within which they shall exercise their powers, (2) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed:- enter with such assistants, if any, being persons in the service of the Government or any local or public authority, as he thinks fit, any establishment wherein head load workers are employed or wherefrom work is given out to head load workers, for the purpose of examining any register, record of wages or notices required to be kept or exhibited under any scheme or rule made under this Act and require the production thereof either on the spot or in the office of the Inspector, Provided that the Inspector shall not enter any establishment at any time between 7 pm. and 7 a,m except when work is being carried on in such establishment; examine any person found in any such establishment, if he has reaspnable cause 1-1 to believe that such person is a head load worker employed therein or to whom work is given there from; require any person giving any work to a head load worker or a group of Head load workers to give any information, which is in his power to give, in respect of the name and address of each of the person to whom the work is given and in respect of payments made or to be made for the said work, seize or take copies of such registers, records of wages or noUces or portions thereof, as he may consider relevant in respect of an offence under this Act or any scheme or rule made there under, which he has reason to believe has been committed by an employer; and exercise such other powers as may be irescribed. Every employer shall afford an Inspector aU reasonable facillUes for rnaking an entry, inspection, c•xamination or enquiry under this Act. [Ck111t1111 HOURS AND LIMITATIONS OF EMPLOYMENT AND WAGES 6. Hours of work:-save as otherwise expressly provided in this Act, no adult Head load worker shall be required to work for more than eight hours in any day and no adolescent or mino,r head load worker shall be required to work for more than six hours in any day: Provided that nothing contained in this section shall be deemed to prohibit an agreement between the employer and the head load workers for working for less than eight hours or six hours, as the case may be, on any particular day or days or on all days of employment or to affect any custom or practice prevaUing in the locality under which the head load worker is required to work for less than eight hours or six hours, as the case may be. L limitation of Employment:- No head load worker shall be required to carry on his head or person at a time any article or articles weighing more than seventy-five kilograms. Notwithstanding anything contained in this Act, no person who is more than sixty years of age shall be entitled to the benefits conferred on a head load worker under this Act. S. Daily intervals for rest - The period of work on each day shall be so fixed that no period shall exceed three hours of continuous work and no head load worker shall work for more than three hours cotinuously before he had an interval for rest for at least half an hour. Wages Payable to Head load workers.- Evcty employer shall pay to any head load worker employed by him such wages as may be prescribed; and different wages may he prescribed for , different e.siab]ishments and for kinds of work. 5([rovided that eveiy head load worker shall give a signed receipt to the employer in token of the amount received towards wages) 10. Wages for work between 7 P.M. and 7 A.M. Where a head load worker is required by an employer to work at time between 7 p.m. and 7 am. he shall be paid for such work one and a half times the wages payable to him under S.9: Provided that nothing in this section shall apply to head load workers working in bus stands, boat jetties, landing places of country crafts and such other places as may be specified by the Government in this behali Enforcement of payment of wages:-(1) If any employer pays less than the wages due to a head load worker or refuses to pay such wages, the head load worker or an official of the union of which he is a member may make an application to the Conciliation officer for a direction under sub-s.(2) (2) On receipt of an application under subts,(1)the Conciliation Officer shall, after giving the applicant and the employer an opportunity of being heard and after such inquiry, if any, which he may consider necessary, direct:- Proviso to sectionS addS by 10 27 of 2008. PubPsheo in K,G.Ext,No.1757 dt 8.8.2005 in the case of a claim arising out of the payment less than the wages, the Payment of wages due to the head load worker of the amount by which the wages payable to him exceeds the amount actuafly paid by the employer; in the case of a claim arising out of non payment of less than the wages, the payment of wages due to the head load worker. (3) If, as a result of a direction under sub-s(2), any amount of the wages becomes payable to a head load worker, the Conciliation Officer shall, if the amount is not paid in accordance with his direction, make a report to the Collector specifying the full particulars regarding the amount of the wages due to the head load worker, and on receipt of such report the Collector shall proceed to recover the same from the employer as if it were an arrear of public revenue due on land. Explanation - In this sub-section and S.36, "Collector" means the District Collector or any other officer appointed by the Government to exercise the powers and perform the function of a Collector under the Kerala Revenue Recovery Act, 1968 05 of 1968). 12. Appeal - (1) Against any order passed by a Conciliation Officer under S. 11 an appeal shall lie to the appellate authority within a period of thirty days from the date of the order appealed against and the decision of the appellate authority on such appeal shall be final: Provided that the appellate authority may admit an appeal presented after the expiration of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not presenting the appeal within that period. Provided that the appellate authority may admit an appeal presented after the expiration of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not presenting the appeal within that period. (2) The appellate authority shall have no power to stay the operation of the order of the Conciliation Officer pending disposal of the appeal, except for good and sufficient reasons to be recorded in writing. CHAPTER IV SCHEMES 13, Scheme - (1) The Government may, by notification in the Gazette, make one or more scheme or schemes for any employment or group of employments in one or more area or areas specified in the notification, and by similar notification add to amend or vary any such scheme or substitute another scheme for any such scheme. Provided, that no such notification shall come into force unless a draft therefore is published in the Gazette and unless it is finalized after considering objections and suggestions received within one month of the publication of such draft in the Gazette. (2) Subject to the provisions of this Act and the rules made there under, a scheme made under sub-s. (1) may provide for all or any of the following matters, namely: for the welfare of head load workers; for health and safety measures for head load workers; 1 1 6((bb) for providing benefits under the Employees State insurance Act, 1948 Central Act 34 of 1948) to head load workers,) for the constitution of any fund or funds including provident fund for the henofit of head load workers, the vesting of such funds, the payment of contributions to be made to such funds and all matters relating thereto.; (a) for regulating the recruitment and entry into the scheme of head load workers, and the registration of head load workers and employers including the maintenance of registers, removal either temporarily or permanently, of names from the registers and the imposition of fee for registration; (e) for regulating the employment of head load workers and the terms and conditions of such employment including maternity benefit, leave with wagesprovision for gratuity and conditions as to weekly and other holidays and pay in respect Ciuse (bb) nserted by Act 13 of 2013. by NotinNo.107Th/teg.C2j2010/Law dt.5.32023 thereof: (1) for pooling of head load workers who are not employed under any employer or contractor. for the manner in which, and the persons by whom the cost of operating scheme is to be defrayed [including any cQntribution or welfare levy to be paid by employers and head load workers and the rate of such bontribution or welfare levy;] for appointing persons and authorities who or which are to be responsible for the administration of the scheme and for the administration of funds constituted for the purposes aforesaid; for such incidental and supplementary matters as may be necessary or expedient for giving effect to the purposes of the scheme: generally for making better provision as regards the terms and conditions of employment of head load workers, if any question arises whether any scheme applies to any class of head load workers, the matter shall be referred to the Govemment whose decision thereon shall be final, The Government may, " [in consuation with the Board] by notification in the Gazette, add to the schedule any establishment in respect of the head load workers whereof they are of opinion that a scheme should be made under this Act, and thereupon the establishment so added shall be deemed to be an establishment specified in the Schedule for the purposes of this Act. Every notification under sub-s (1) shall be laid as soon as may be alter it is issued, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modificabon or annulment shall be without prejudice to the vafldity of anything previously done under that notification. CHAPTER V 14. Boarth(1) The Government may, by notification in the Gazette, establish a Board to be known by such name as may be specified in the notification for the purpose of exercising the powers and performing the functions of the Board under this Act and the schemes. The Board shall be a body corporate with the name specified, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and may, by that name, sue and be sued. The Board shall consist of members nominated from time to time by the Government representing the employers, the head load workers and the Government. The members representing the employers, the head load workers and the Government shall be equal in number. The Government shall appoint one of the members of the Board to be its Chairman. After nominations of all the members of the Board and the appointment of the Chairman, the Government shall publish their names in the Gazelle. The term of office of the members of the Board shall be such as may be prescribed. The Board shall exercise such powers and perform such functions and shall follow such procedure as may be specified in the scheme or in the rules made under this Act. (9) In the exercise of the powers and the discharge of its functions, the Board shall be bound by such directions as the Government may give to it from time to time, 15. Disgualifications and removal: (1) No person shall be nominated as, or continue to be a member of the Board who: is a salaried officer of the Board 7[except the person appointed as the Chief Executive of the Board] or is, or any time has been adjudged an insolvent; or is found to be a lunatic or becomes of unsound mind: or is or has been convicted by any offence involving moral turpitude; ceases to represent the employers or head load workers, as the case may be. (2) The Government may remove from office any member who:- is or has become subject to any of the disqualifications mentioned in sub-s (1); or is absent without leave of the Board for more than three consecutive meetings of the Board. 16. Appointment of officers in the Board - (1) The Government may appoint such number of officers as they think fit for assisting the Board in exercise of its powers and the performance of its under this Act or Rules and the Schemes. (2) The Officers appointed under sub-s (1) shall exercise such powers and - discharge such duties as may be prescribed. 17. Supersession of Board: (1 )lf the Government are of opinion:- (a) that the Board is unable to perform its functions: or 'Inse,ted by actS cf 1994 as per Notn.Na19077!LegC3/91/iaw dt 25.3.1994, published in KG.(xt.No.265 dt.25.3.1994. (b) that the Board has persistently made default in the performance of its functions or has exceeded or abused its powers. The Government may, by notification in the Gazelle, supersede the Board for such period as may be specified in the notification: Provided that, before issuing a notification under this sub-section on any of the grounds mentioned in clause (b), the Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded, and shall consider the explanation and objections, if any, of the Board. (2) Upon the publidation of a notification under sub-s. (1):- all th&members of the Board shall, as from the date of such publication; vacate their office as such members; all the powers and functions which may be exercised or performed by the Board shall, during the period of supersession, be exercised or performed by such person or persons as may be specified in the notification: all funds and other property vesting in the Board shall, during the period of supersession, vest in the Government, (3) On the expiration of the period of supersession specified in the notification issued under sub-s(1), the Government may:- extend the period of supersession for such further period as it may consider necessary: Provided that the total period of supersession shall not exceed one year or; re-establish the Board in the manner provided in S14 CHAPTER VI COMMETTEES 18(1) The Government may, by notification in the Gazette ,appoint a committee for every revenue district in the state and on the recommendation of the board appoint as many Special Committees as they deem fit in any area fafling within any industrial township or other special areas of importance in the state to be known by such name as may be specified in the notification for the purpose of exercising the powers and performing the function of the Committee under the Act and the Scheme in relation to that area: Provided that if any Special Committee has been appointed , the committee pointed for the revenue district shall cease to exercise jurisdiction over the area of the special Committee. Every such committee shall be a body corporate with the name specified, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and may by that name sue and be sued. The committee shall consist of such number of members, not exóeeding fifteen nominated by the Government, of whom two thirds shall be persons representing the employers and the head load workers. The members representing the employers and the head load workers shall be equal in number. *[(5) The Government shall appoint one of the members of the Committee to be its Chairman and another members to be its, 8( District secretary or as the case may be special area secretary) After nomination of all the members of the committee and the appointment Chairman and the9( District secretary or as the case may be special area secretary) the Government shall publish their names in the Gazette and in such other places as the Government may deem necessary. The term of office of the members of the committee shall be such as may be prescribed. Substituted by Act 3 of 2009 pubUshed in CG,Efl.No,35 cit 5.1.2009 5 substituted by Act 3 of 2009 published in K.G.Ext,No,35 dt 5,1,2009 **+f(8) The functions of the committee shall be - to poot the head load workers who are not employed under any employer or contractor; to arrange and regulate employment of such head load workers and to pay them wages to take disciplinary action against them wherever necessary to do all such acts as are necessary for the implementation of this Act andihe Scheme&1 (9). In the exercise of the powers and the discharge of its functions the committee shall be bound by such directions as the Board may give to it from time to time. 19.Appointment of Officers for assisting Committee:-(1) The Govt may appoint such number of officers as they think fit for assisting the committee in the exercise of its powers and the performance of its functions under the act and the Scheme. The officers appointed under sub-section (1) shall exercise such powers and discharge such duties as may be prescribed. 10(19 A) Appointment of Advisory Committee:- (1) The board may constitute as many Adviscry Committees as are found necessary for any area in a revenue district, for the purpose of advising the committee on any matter pertainind to that area. (2).Every Advisory committee under sub-Sec(1) shall consist of seven members nominated by the Board of whom three each shall represent the employers and the head load workers and one shall be an officer of the board. The Officer of the board nominated, under sub-sec(2) shall be its Convener. The term of office of the members of the Advisory Committee and the conduct of business of the Advisory committee shall be such as may be decided by the Board from time to time 10 Added by act 3 of 2009 puhkhed in KG,ExtNo35 dt 512009. g!.persessionofcommittee:ji) If the Government are of the opinion - (a) that the committee is unable to perform its functions; or (h) that the committee has persistently made default in the discharge of its functions or has exceeded or abused its powers, the Government may, by notification in the Gazette, supersede the committee for such period as may be specified in the notification: Provided that, before issuing a notification under this subsection on any of the grounds mentioned in clause (b) the Government shall give a reasonable opportunity to the committee to show cause why it should not be superseded, and shall consider the explanations and objections, if any, of the committee. (2) Upon the publication of a notification under suh-s(1 ): all the members of the committee shall, as from the date of such publication, vacate their offices as such members: all the powers and functions, which may be exercised or performed by the committee, shall, during the period of supersession, be exercised or performed by such person or persons as may be specified in the notification; (c)all funds and other property vesting in the committee shall, during the period of supersession, vest in the Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-s.(1), the Government may:- extend the period of supersession for such further period as they may consider necessary Provided that the total period of supersession shall not exceed one year, or appoint another committee in the mariner provided in Si 8. CHAPTER VII DISPUTES 21. Settlement of disputes - (1) Where a dispute which is connected with the employment or non-employment or the terms of employment or with the conditions of work, of any head toad worker exists or is apprehended, the Assistant Labour Officer, having jurisdiction may hold conciliation conferences for the purpose of bringing about a settlement of the dispute and, if such settlement is not arrived at, send a report of the dispute to the Conciliation Officer. On receipt of a report under suh-s(1), the Conciliation Officer may hold conciliation proceedings and shall, for the purpose of bringing about a settlement of the dispute without delay investigate the same and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of promoting a fair and amicable settlement of the dispute. Ifs settlement of the dispute or of any of the matters in dispute is arrived at in the course of conciliation proceedings, the Conciliation Officer shall send a report thereof to the appellate authority. (4)11 a settlement of the dispute or any of the matters in dispute is not arrived at the Conciliation Officer shall take a decision on the dispute or, as the case may be, on the matters in respect of which no settlement has been arrived at and shall send a report of the dispute with a copy of his decision to the appellate authority. The decision of the Conciliation Officer under suhs(4) shall, subiect to the decision of the appellate authority under sub-s(7), be binding on all parties to the dispute. Any person aggrieved by any decision of the Conciliation Officer under suhs.( 4) may, within such time as may be prescribed, appeal to the appellate authority against such decision On receipt of an appeal under subs(6), the appellate authority shall make such inquiries as it deems fit and after giving the parties an opportunity of being heard decided the appeal within a pedod of two weeks from the date of receipt of the appeal. Notwithstanding anything contained in any IS for the time being in force, the appellate authority shall not stay theoperatioftof the decision of the Conciliation. Officer pending its decision on the appeal except for good and sufficient reasons to be recorded in writing 22. Reference or decision of disputes by Government:-(1) Notwithstanding anything contained in S. 21, where any dispute exists or is apprehended, the Government may, by order in writing and for reasons to be slated therein:- refer the dispute to the appellate authority constituted for the area in which the dispute exists or is apprehended, for decision, or decided the dispute themselves. Where a dispute is referred to an appellate authority under clause (a) of subs. (1) that authority shall decide the dispute as if the reference by the Government were an appeal under sub-s. (6) of 5.21. The decision of the Government referred to in clause (b) of sub-s. (1) shall be final and shall be given effect to b y the parties to the dispute forthwith. 23. Representation of parties — (1) A head toad worker who is a party to a dispute shall be entitled to be representedin any proceeding under this Act by:- (a) any member of the executive orother office bearer of a registered trade union of which he isa member. (b) any member of the executive or other office bearer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated; (c) where the head load worker is not a member of any trade union, by any member of the executive or other office bearer of any trade union connected with, or by any other head worker employed in, the establishment under which the head load worker is employed and authorized in such manner as may be prescribed (2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by: an officer of an association of employers to which he is a member. an officer of a federation of association of employers to which the assothtion referred'to in clause (a) is affiliated; where the employer is not a member of any association of employers, by an officer of any association of employers connected with or by any other employer engaged in, the establishment similar to the one in which the employer is engaged and authorized in such manner as may be prescribed. (3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act. (4) In any proceeding before the appellate authority, or the Government, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the appellate authority or the Government, as the case may be. CHAPTER VIII 11(EMPIOYEES COMPENSATION) 24. Application of Employees Compensation Act to head load Workers:-The provisions of the Employees Compensation Act 1923 (Central Act 8 of 1923) and the rule made there under shall mutatis mutandis apply to the head Substituted by NofnNo.1071S/LegC2/2010/Law d15.E.2013.Puhbshed in K.G,Extra No.649 dl 53.2013 load workers employed in any establishment, and, for that purpose, they shall be deemed to be 12(employees) within the meaning of that Act. CHAPTER IX REGISTER AND RECORDS 25.Registration of Head load Workers:(1) Such authority or officer referred to Sub-so of S.25 shall maintain a register of head load workers within its or his jurisdiction. (2)The register shall contain such particulars as may be prescribed. (3) The register shall be maintained by the authority or officer as the case may be, in such manner as may be prescribed. Maintenance of Registers and Records of Employers:- Every employer or contractor who employ or engage in or for an establishment any head load worker registered under the Scheme, shall register their name with the Committee concerned by paying such fees and in such manner as may be prescribed, CHAPTER X PENALTIES AND PROCEDURE Penalt, for obstructions:-(1) Whoever obstructs any Inspector or Assistant Labour Officer or Conciliation Officer or Appellate Authority in the discharge of his or Proviso added by act 13 of 2013 by Notfn.Noi0715/Leg,C2/2010Aaw dt 532011Published in KG.Extra No.649 dv .5.32013 its duties under this Act or refuses or willfully neglects to afford any Inspector reasonable facUities for making any inspection, examination or inquiry authorized by under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever willfully refuses to produce on the demand of an Inspector or a Conciliation Officer or an appellate authority any register or other document kept in pursuance of this Act or prevents or aftempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by, an Inspector or a conciliation Officer or an appellate authority acting in pursuance of his or its duties under this Act, shall be punishable with imprisonment for a term, which may extend to six months, or with fine which may extend to one thousand rupees or with both. Penalty for making false statement, etc.:- Whoever for the purpose of avoiding any payment to be made by him under this Act or under a Scheme or for enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment, for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both. 29. Other penalties:-Whoever contravenes or makes default in complying with any of the provisions of this Act or a Scheme or of any rule made under this Act shall, if no other penalty is elsewhere provided by or under this Act for such contravention or noncompliance, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and, in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for any day during which such contravention continues after conviction for the first such contravention. 30. Enhanced penalty after previous conviction:-lf any person who has been convicted of any offence punishable under this Act is again found guilty of an offence involving a contraventiorv of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, 31. Offences by Companies - (1) Where 'an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence, (2) Notwithstanding anything contained in subi (1), where an offence under this. Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the Company, such Director,Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section:- company means any body corporate and includes a firm, or other association of individual: and "Directof in relation to a firm, meansa partner in the firm. 32. Cognizance of offences - No court shall take cognizance of any offence punishable under this Act, except on complaint made by or with the previous sanction in writing of, the Government or an officer authorized by the Government in that behalf, and no court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act. 33. Limitation of prosecutions - No court shall take cognizance of an offence punishable under this Act unless complaint thereof is made within three months from the dale on which the alleged commigsion of the offence comes to the knowledge of the Government or the officer authorized under S.32. CHAPTER Xi MISCELLANEOUS 34. Bar of jurisdiction of Civil Courts - No civil court shall entertain any suitor other proceedings to set aside or modify any order or decision passed by any authority or officer under this Act in respect of any of the matters falling within its or his scope, 35. Power to take evidence on oath, etc: Any authority or officer exercising powers under this Act shall have the same powers as are vested in a civil court under the Code of Civil Procedure 1908 (Central Act Sof 1906), when trying a suit in respect of the following matters namely: enforcing the attendance of any person and examining him on oath: requiring the discovery and production of documents; receiving evidence on affidavit; issuing commissions for the examination of witnesses; such other matters as may be prescribed; and any proceedingbefore such authority or officer shall be deemed to be a judicial proceeding within the meaning of SsA93 and 228 and for the purposes of Si 96 of the Indian Penal Code (Central Act 46 of 1860) 36. Recovery of money due from Employer:-(1) Where any money is due to a Head load worker under a settlement or decision referred to in sub-s. (3) or sub-s.(4) or sub-s.(7) of S. 21 or S. 22, the head load worker himself or any other person authorized by him in that behalf or, in the case of death of the head load workor.•his assignees or heirs, may, without prejudice to any other mode of recovery, make an application to the appellate authority for the recovery of the money due to him and if the appeUate authority is satisfied that any money is so due, it shall issue a certificate to the Collector for the recovery of amount and thereupon the Collector shall recover the amount as if it were an arrear of public revenue due on land: Provided that every such application shall be made within one year from the date on which the money became due to the head load worker. (2) Any amount due from an employer as contribution to any fund and any other amount due from an employer under this Act or a Scheme or rule made under this Act may, if the amount is in arrears, [the Chief Executive Officer or the Administrator of a committee may, without prejudice to any other mode of recovery, make an application to the Government or an officer authorized by the Government in this behalf for the recovery of the money due, and if the Government or the officer so authorized is satisfied that any money is so due, it or he sha, issue a certificate in the prescribed manner to the Chief Judicial Magistrate having jurisdiction and the Chief Judicial Magistrate shall proceed to realize the money as if it were a fine imposed by such Magistrate.] Power to recover damages - Where an employer makes default in the payment of any contribution to the fund, the Government may recover from him such damages, not exceeding twenty five per cent of the amount of arrears, as they think fit. 38. Recovery of money due from Headload Workers:-Where any money is due to an employer by a head load worker under a settlement or decision referred to in sub-s. (3) or sub-s.(4) or sub-s. (7) of S. 21 or S. 22, the employer himself or any other person authorized by him in that behalf or, in the case of death of the employer, his assignees or heirs, may, without prejudice to any other mode of recovery, make an appilcation to the appeilate authority for the recovery, of the money due to him and if the appeflate authority is satisfied that any money is so due, it shall order the payment of such money in such number of easy instalments as may be determined by it. 39 Effect of laws and agreements inconsistent with this Act and Schemes:- The provisions of this Act and the Schemes shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award,agreement or contract of service, whether made before or after the commencement of this section. No authority other than the Government, other Board or a committee shall be entitled to make any Scheme or do any other act conferring, or purporting to confer, any benefits on headload workers. Members of Board, etc. to be public servants:- Every member of the or of a committee and every officer appointed under this Act shall be deemed to be a public servant within the meaning of S. 21 of the Indian Penal Code (Central Act 45 of 1860) Power to remove difficulties:- If any difficulty arises in giving effect to the provisions of this Act or a scheme or any settlement under this Act, the Government may, by order to anything not inconsistent with such provisions which appears to them necessary or expedient for the purpose of removing the difficulty. Protection of action taken in good faith:- No suit, prosecution or other legal prodeedings shall lie against the Government or any authority or officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any.Scheme, Rule or Order made under this Act. -j 43. Power to make Rules:- (1) The Government may, by notificatn in the Gazette, make rules [either prospectively or retrospectively] to carry out the purposes of this Act. (2) In particular3 and without prejudice to the generality of the foregoing power, such rules may provide for: the obligations of head load workers and employers: regulating the employment of headload workers whether registered or notand the terms and conditions of such employment which are not specifically provided in this Act; regulating, restricting or, otherwise controlling the employment by any employer of headload workers not registered in his establishment; any other matter which has to be. Or m
Excerpt shown. Open the full act in Lexace.