S.1 Short title, extent and commencement

       (1) This Act may be called the Kerala Motor Transport Workers’ Payment of Fair Wages Act, 1971.
        (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.
       

S.2 Definitions

       In this Act, unless the context otherwise requires,-
        (a) “employer” means in relation to any motor transport undertaking, the person who or the authority which, has the ultimate control over the affairs of the motor transport 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 transport undertaking including a private carrier engaged in carrying 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 o

S.3 Fair wages payable to motor transport workers

       Notwithstanding 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:
        Provided 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 mere than six monthly instalments.
        2 [“Provided further that the arrears of fair wages payable by an employer by virtue of the Kerala Motor Transport Workers’ Payment of Fair Wages (Amendment) Act, 1988 for any period prior to the date of publication of the said Act shall be paid before the expiry of three mont

S.4 Penalty for non-payment of fair wages

       Any employer who refuses to pay fair wages as provided in this Act to any 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.

S.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 Commissioner that he has not been included in a category of the schedule
        (2) On receipt of such an application the Labour Commissioner may, after hearing the applicant and the employer and making such enquiries as he may consider necessary pass orders deciding the category in which the applicant is to be included.
        (3) Against the orders of the Labour Commissioner 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 Commissioner.

S.6 Cognizance of offences

       (1) No court shall take cognizance of an offence under this Act save on complaint made by such authority as the Government may, by notification in the Gazette, specify.
        (2) No court inferior to that of a Magistrate of the First Class shall try any offence under this Act.
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        [“6A. Power of Government to amend the Schedule.- (1) The Government may at any time and shall, at the expiration of five years from the 15th day of January, 1997 and thereafter at the expiration of every five years, by order published in the Gazette revise the rate of wages payable to the motor transport workers specified in the Schedule to this Act by suitably amending the Schedule.
        (2) Every notification made under

S.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, 1936 (Central Act 4 of 1936), the Minimum Wages Act, 1948 (Central Act 11 of 1948), the Motor Transport Workers Act, 1961 (Central Act 27 of 1961) and the Industrial Dispute Act, 1947 (Central Act 14 of 1947).

S.8 Repeal and Saving

       (1) The Kerala Motor Transport Workers’ Payment of Fair Wages Ordinance, 1971 (8 of 1971) is hereby repealed.
        (2) Notwithstanding such repeal anything done or any action taken or any proceeding instituted under the said Ordinance shall be deemed to have been done or taken or instituted under this
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       [ “SCHEDULE A
       
        Category of Employees
        Pay Scale
       
       Class of Employers I (Employers owning 25 or less than 25 Vehicles)
        I
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