Preamble Act No. 20 of 1980

PREAMBLE

An Act to regulate the employment of headload workers in the State of Kerala and to make provision for their welfare, for the settlement of disputes in respect of their employment or non-employment and for matters connected therewith.

(1) This Act may be called the Kerala Headload Workers Act, 1978.

(2) It extends of the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, ppoint, and different dates m

S.2 Definitions

In this Act, unless the context otherwise requires,-

(a) "adolescent" means a person who has completed his fifteenth year of age but has not completed his eighteenth year of age ;

The 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 entrested to the conciliation Officer by or under this Act.

S.4 Section 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.5 Inspectors

(1) The Government may, by notification in the Gazette, appoint-

(a) such officers, or

(b) such persons as possess the prescribed qualifications, as they think fit, t

S.6 Hours of work

Save as otherwise expressly provided in this Act, no adult headload worker shall be required to work for more than eight hours in any day and no adolescent or minor headload 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 headload 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 prevailing in the loca

S.7 Limitation of Employment

(1) No headload worker shall be required to carry on his head or person at a time any article or articles weighing more than seventy-five kilograms.

(2) 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 headload worker under this Act.

S.8 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 headload worker shall work for more than three hours continuously before he has had an interval for rest for at least half an hour.

S.9 Wages payable to headload workers

Every employer shall pay to any headload worker employed by him such wages as may be prescribed; and different wages may be prescribed for different establishments and for different kinds of work.

S.10 Wages for work between 7 p.m. and 7 a.m

Where a headload worker is required by an employer to work at any time between 7 p.m. and 7 a.m he shall be paid for such work one and a half times the wages payable to him under section 9:

Provided that nothing in this section shall apply to headload 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 behalf.

S.11 Enforcement of payment of wages

(1) If any employer pays less than the wages due to a headload 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 subsection (2).

(2) On receipt of an application under subsection (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, d

S.12 Appeal

(1) Against any order passed by a Conciliation Officer under section 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 m

S.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 and such scheme or substitute another scheme for any such scheme:

S.14 Board

(1) Government may, by notification in the Gazette establish a Board to be known by such name as may be specified in the notifications for the purpose of exercising the powers and performing the functions of the board under this Act and the schemes.

(2) 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.

(1) No person shall be nominated as, or continue to be, a member of the Board who-

(a) is a salarised officer of the Board;  2. (except person appointed as the Chief Executive of the Board)

(b) is, or at any time has been, adjudged an insolvent; or

(1) The Government may appoint such number of officers as they think fit for assisting the Board in the exercise of its powers and the performance of its functions under this Act and the schemes.

(2) The officers appointed under subsection (1) shall exercise such powers and discharge such duties as may be prescribed.

S.17 Supersession of Board

(1) If the Government are of opinion-

(a) that the Board is unable to perform its functions; or

(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 Gazette, supersede the Board for such period as may be specified in the notif

S.18 Committees

(1) The Government may, by notification in the Gazette, appoint a committee for such area and with such name as may be specified in the notification for the purpose of exercising the powers and performing the functions of the committee under this Act and the scheme, in relation to that area.

(2) Every such committee shall be a body corporate with the name specified, having perpetual succession and a common seal, with power to require hold and dispose of property and to contract and may

S.19 Appointment of officers for assisting committee

(1) The Government 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 function under this Act and the scheme.

(2) The officers appointed under subsection (1) shall exercise such powers and discharge such duties as may be prescribed.

S.20 Supersession of committee

(1) If the Government are of the opinion-

(a) that the committee is unable to perform its functions; or

(b) 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 specifie

S.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 headload 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.

(1) Notwithstanding anything contained in section 21, where any dispute exists or is apprehended, the Government may, by order in writing and for reasons to be stated therein,-

(a) refer the dispute to the appellate authority constituted for the area in which the dispute exists or is apprehended, for decision ; or

(b) decide the dispute thems

S.23 Representation of parties

(1) A headload worker who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by-

(a) any member of the executive or other office bearer of a registered trade union of which he is a member;

(b) any member of the executive or other office bearer of a federation of trade unions to which the trade union r

S.24 Application of Workmen's Compensation Act to headload workers

The provisions of the Workmen's Compensation Act, 1923 (Central Act 8 of 1923) and the rules made thereunder shall mutatis mutandis apply to the headload workers employed in any establishment, and, for that purpose, they shall be deemed to be workmen within the meaning of that Act.

S.25 Register of headload workers

(1) Such authority or officer as may be prescribed shall prepare a register of headload workers working 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.

S.26 Maintenance of Registers and records by employers

(1) Every employer shall maintain such registers and records as may be prescribed.

(2) The registers and records referred to in subsection (1) shall contain such particulars and shall be countersigned by such officer and shall be kept in such place, as may be prescribed.

S.27 Penalty for obstructions

(1) Whoever obstructs any Inspector or Assistant Labour Officer of Conciliation Officer or appellate authority in the discharge of his or its duties under this Act or refuses or wilfully neglects to afford any Inspector reasonable facilities for making any inspection, examination or inquiry authorised by or 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 wilflly refuses to produce on the demand of an Inspector or a Conciliation Offic

S.28 Penalty for making false statements, 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.

S.29 Other penalities

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 non-compliance, 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 every day during which such contravention continues after conviction for the first such contravention.

S.30 Enhanced penalty after previous conviction

If any person who has been convicted of any offence punishable under this Act is again found guilty of an offence involving a contravention 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.

S.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 subsection shall render any such person liable to any punishment if he proves that th

S.32 Cognizance of offence

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 authorised 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.

S.33 Limitation of prosecutions

No court shall take cognizance of an offence punishable under this Act unless complaint there of is made within three months from the date on which the alleged commission of the offence comes to the knowledge of the Government or the officer authorised under section 32.

S.34 Bar of jurisdiction of civil courts

No civil court shall entertain any suit or 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.

S.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 5 of 1908), when trying a suit in respect of the following matters, namely:-

(a) enforcing the attendance of any person and examining him on

S.36 Recovery of money due from employer

(1) Where any money is due to a headload worker under a settlement or decision referred to in subsection or subsection (4) or subsection (7) of section 21 or section 22, the headload worker himself or any other person authorised by him in that behalf or, in the case of death of the headload worker, 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 appellate authority is satisfied that any money is so due, it shall issue a certificate to the Collector for the recovery of the amount and thereupon the Col

S.37 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.

S.38 Recovery of money due from head workers

Where any money is due to an employer by a headload worker under a settlement or decision referred to in subsection (3) or subsection (4) or subsection (7) of section 21 or section 22, the employer himself or in any other person authorised 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 application to the appellate authority for the recovery of the money due to him and if the appellate 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.

S.39 Effect of laws and agreement inconsistent with this Act and schemes

(1) 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.

(2) No authority other than the Government or the 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.

S.40 Members of Board etc., to be public servants

Every member of the Board or of a committee and every officer appointed under this Act shall be deemed to be a public servant within the meaning of section 21of the Indian Penal Code (Central Act 45 of 1860.)

S.41 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, do anything not inconsistent with such provisions which appears to them necessary or expedient for the purpose of removing the difficulty.

S.42 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against the Government or any authority or officer in respect of anything which is good faith done or intended to be done in pursuance of this Act or any scheme, rule or order made under this Act.

S.43 Power to make rules

(1) The Government may, by notification in the Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the obligations of headload workers and employers;

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