Kerala Headload Workers Rules, 1981
(1) These rules may be called the Kerala Headload Workers Rules, 1981.
(2) They shall come into force on such date as the Government may by notification in the Gazette, appoint and different dates may be appointed for different areas and for different provisions of the rules and for different establishments.**
In these rules, unless the context otherwise requires,--
(a) "Act" means the Kerala Headload Workers Act, 1978 (20 of 1980).
(b) "Executive Authority" means, the Executive Officers of Panchayats and Townships and Commissioners of Municipalities and Corporations.
(c) "Form" means a Form appended to these rules.
(d) "Prescribed wage" means, the rates of wage notified by Government from time to time after considering the advice of the Board 1[in respect of any area where scheme is made applicable and in cases where no scheme is made applicable, the rate of wages notified by Government from time to time.]
2[(e) "Registering authority" for the purpose of this Act shall be Assistant Labour Officer, Grade II of the Labour Department of the Government of Kerala within his jurisdiction.]
(f) "Section" means a section of the Act.
(1) The application under Section 11 of the Act shall be in Form No.1 with as many additional copies as there are opposite parties, filed within thirty days from the date on which the wages become due:
3[Provided that the conciliation officer may admit an application even after expiry of the said period, if he is satisfied that the applicant has sufficient cause for not filing the application within the specified period.]
(2) On receipt of such application, the Conciliation Officer shall issue notice of hearing to the parties concerned in Form No.11.
The Board appointed under Section 14 of the Act shall be called the Headload Workers Welfare Board and the Members to the Board shall be nominated as specified below:--
(i) Five representatives of the employers in consultation with the interests concerned.
(ii) Five representatives of the headload workers in consultation with the interests concerned.
(iii) Five Officials to be nominated by Government. The Government shall appoint one of the 4[x x x x] members as the Chairman of the Board.
(1) The term of office of the members of the Board other than official members shall be for a period of three years from the date of nomination:
5[Provided that the outgoing non-official members of the Board shall continue in office until their successors are nominated].
(2) The official members shall hold office during the pleasure of the Government.
(1) Any member other than an official member may resign his office by given notice thereof in writing, to the Government, and on such resignation being accepted he shall be deemed to have vacated his office as a member of the Board. A non-official nominated as a member of the Board in the vacancy caused by resignation or death 6[or by removal under Section 15] of such a member shall hold office for he period to which the original member would normally have continued, had his membership not been discontinued:
7[x x x x]
(1) Travelling allowance of an official member shall be governed by the rules applicable to him for journeys performed on official duties and it shall be paid 8[to him directly from the funds of the Board].
(2) Every non-official member other than the members mentioned in sub-paragraph (3) and (4) shall be paid travelling allowance and daily allowance for attending meetings of the Board 9[and for such other journeys that may be authorised by the Board] at such rates as are admissible to Grade I officers of the Government.
(3) Every member who, being a Member of the State Legislative Assembly, attends a meeting of the Board, shall be entitled to such travelling 9[and daily allowance] as is admissible to him under the Provisions of the Payment of Salaries and Allowance Act, 1951.
(4) Every member who, being a member of either House of Parliament, attends a meeting of the Board, shall be entitled to 9[travelling allowance
The Board shall meet at such place and time as may be specified by the Chairman. A notice in writing containing the date, time and venue of meeting along with a list of business to be transacted at the meeting shall be sent to each member at least 10 days prior to the date fixed for such meetings:
Provided that in the case of an emergency meeting, notice of at least three days should be given to each member.
(1) The Board may constitute such sub-committees for the purpose or purposes as it may think fit.
(2) While constituting a sub-committee, the Board may nominate one of its members to be the Chairman of that Committee.
(3) The Committee shall meet at such times and places as the chairman of the said sub-committee may decide.
(4) The provisions of Rule 8, 9, 10 and 11 shall apply to the committee for transaction of business at its meeting as they apply to the Board, subject to the modification that the quorum specified in Rule 10 that at least one representative of the employers and the workers are present shall not be insisted upon.
(5) The provisions of Rule 7 shall apply to the members of the sub-committee for attending the meeting of the Committee as they apply to the members of the Board.]
The Chairman shall preside at every meeting of the Board. In the absence of the Chairman at any meeting, the members present shall elect, from amongst themselves one member, by a majority of votes, who shall preside at such meeting.
10[(1) No business shall be transacted at any meeting unless at least one third of the members and at least one representative each of the employers and the workers are present:]
10[Provided that if, at any meeting there is no quorum the Chairman shall adjourn the meeting to a date not later than 15 days from the date of original meeting and it shall, thereupon be lawful to dispose of the business at the adjourned meeting even if there is no quorum.]
(2) In the adjourned meeting, the business shall be confined to the agenda circulated for the original meeting. Notice of such meeting shall be given to all members.]
Every question considered at a meeting of the Board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the Chairman shall have and exercise a casting vote.
Every decision taken at a meeting of the Board shall be recorded in a Minutes Book at the same meeting and signed by the Chairman. The minutes Book shall be a permanent record. The minutes of every meeting of the Board showing, inter alia, the names of members present there at shall be circulated to all the members present (in the State) not later than 11[twenty one] days from the date of the meeting.
(1) In addition to and without derogation of the powers conferred on the Board under the Act, Rules and the scheme, the Board shall have the following powers and shall be responsible for,--
(a) dealing with all matters connected with the administration of the fund as specified in the scheme or schemes.
(b) laying down general policies regarding welfare of the Headload workers.
(c) the submission of annual budget of the Board to Government for approval;
(d) the submission of annual report to Government on the working of the schemes;
(e) the annual audit of accounts of the fund in accordance with Government instructions;
(f) the collection of contribution from the Headload Workers and local committees and remittance thereof to the respective funds including such other charges under the scheme or schemes;
(g) the proper maintenance of account and speedy s
The Board shall co-ordinate and supervise all activities of the Committees appointed under Section 18 of the Act and for this purpose issue such directions as it may deem necessary and the Committees shall comply with such directions.
(1) The Government may appoint an officer of the Labour Department not below the rank of a Joint Labour Commissioner who shall be the 12A[Chief Executive Officer].
(2) The 12A[Chief Executive Officer] shall be a member of the Board Ex-Officio and he shall be nominated by the Government under item (iii) of Rule 4.
12[(3) (a) The Board shall be represented by the 12A[Chief Executive Officer] and he shall sue and be sued in its name. The Board shall authorise any of its officers from time to time to represent it in any such proceedings or exercise the powers which are specifically conferred;
(b) The 12A[Chief Executive Officer] shall be the Authority for issuing orders of transfer and postings of the officers appointed under Sections 16 and 19 upto the grade of Junior Superintendent and shall have the power to take disciplinary action against them whenever necessary, subject to the rules in force from time
(1) The Government shall appoint an Officer not below the rank of a Deputy Secretary to Government in the Finance Department as Finance Officer of the Board.
(2) The Finance Officer shall be responsible for all financial and accounting matters of the Board subject to the supervision and control of the 12A[Chief Executive Officer] and shall prepare the budget to the Board from time to time.
(3) The Finance Officer shall pre-audit all the expenditure of the Board and shall report to the 12A[Chief Executive Officer] any irregularity that may come to his notice.
(4) The officers and staff of the Board and the Committees shall be under the general supervision and control of the 12A[Chief Executive Officer] of the Board.
(1) The Government shall appoint an officer not below the rank of a Deputy Labour Commissioner in the Labour Department as the Secretary of the Board.
(2) The Secretary shall supervise the implementation and related matters of various schemes made under the provisions of the Kerala Headload Workers Act,
1978.
(3) The Secretary shall assist the Chief Executive Officer in matter related to administration and functions of the Board and District Committees.
(4) The Secretary shall also exercise such administrative and financial powers delegated by the Board and Chief Executive Officer from time to time.]
(1) A fund shall be created called the "Headload workers General Fund".
13[(2) The fund shall vest in the Board and shall be administered by it. The fund shall be operated by the 13A[Chief Executive Officer] according to the directions of the Board and shall be utilised only for the purposes provided for in the Act, Rules and Schemes formulated from time to time].
The Government may from time to time advance loans to the Board for the purposes of the Act on such terms and conditions as the Government may, in each case, determine.
All money belonging to the Fund shall be invested in such manner as may be specified by the Government from time to time.
(2) All expenses incurred in respect of and loss, if any, arising from any investment shall be charged to the Fund.
The Board shall approve before the 15th day of June each year and submit to the Government before the 31st of July each year a report on the working of the scheme during the previous financial year.
On receipt of the annual report on the working of the Scheme, the report shall be laid by the Government before the Legislative Assembly at the earliest possible occasion].
(1) The accounts of the Fund including the administration account shall be 13[got audited before the 30th September every year] in accordance with the instructions issued by the Government from time to time.
14[(1A) Any defect pointed out in the Audit report shall be rectified by the Board and necessary rectification report thereof shall be sent to Government within three months, from the date of receipt of audit report in the Board Office.]
(2) The Charges on account of audit shall be paid out of the administration account.
(1) The 13A[Chief Executive Officer] shall place before the Board each year in the first fortnight of January, a budget showing the probable receipts and expenditure during the next financial year.
(2) The budget as approved by the Board shall be submitted for the approval of the Government within a month of its being placed before the Board.
13[(3) The Government may make such modifications in the budget as they consider necessary and the approved budget shall be returned to the Board before 31st March every year].
(4) The 13A[Chief Executive Officer] may, at any time during the year, make budgetary re-appropriation of funds approved in the budget:
Provided that:
(a) the total amount sanctioned in the budget by Government is not 13[exceeded and no re-appropriation is made in any of the sub-heads where the Government have reduced budget provision without prior sanction of Government]; an
(1) The functions of the committee shall be those specified and assigned by the Board from time to time and those that are specifically provided for in the Act, Scheme or Schemes made under Section 13.
(2) The term of every non-official member of the Committee appointed under Section 18 shall be two years from the date of nomination:
Provided that the Committee may continue to function after expiry of the term till a new committee is appointed or constituted:
Provided further that the official members of the Committee shall hold office during the pleasure of the Government.
(3) Casual vacancies of the members arising out any reason shall be filled up in the same manner as specified in Rule 6.
(4) The Committee shall meet at such place and time within its area of jurisdiction as may be specified by the chairman. The Convener shall, at least seven days prior to the date fixed for the meeting, send notice in writing and under certificate of posting or
(1) The Settlement arrived at as per sub-section (3) of Section 21 shall be in Form No.III.
(2) The decision referred to in sub-section (4) of Section 21 shall be communicated to the parties by registered post acknowledgment due.]
(1) Any person aggrieved by any decision of the Conciliation Officer under sub-section (4) of Section 21 of the Act may file an appeal against such decision to the appellate authority within 60 days of receipt of the decision of the Conciliation Officer. The appeal shall be accompanied with a copy of the decision of the Conciliation Officer:
Provided that the appellate authority may admit an appeal filed after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not filing the appeal within the said period:
Provided further that no such appeal shall be admitted after a period of six months from the date of decision appealed against.
(2) The procedure to be followed by the appellate authority while hearing appeals preferred to him shall be summary. He shall record briefly the evidence adduced before him and pass orders giving his reasons therefor. The orders of the appeal shall be communicated to the parties as soon as
FORM I
APPLICATION FOR PAYMENT OF WAGES
[See Rule 3(1)]
APPLICATION UNDER SECTION II OF THE ACT
BEFORE THE CONCILIATION OFFICER
APPOINTED UNDER THE KERALA HEADLOAD WORKERS ACT, 1978
Name (s) and Address(es) of the Headload Workers Applicant(s)
Name(s) and address(es) of the Employer(s) Opposite Party/Parties
The applicant(s) above mentioned State(s) as follows:—
29[(1) The applicant(s) has/have been employed by the opposite party/parties as detailed below:—
(a) Date(s) and details of wor
GOVERNMENT OF KERALA
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G.O. (P) No. 57/2023/LBR. Dated, Thiruvananthapuram, 26th July,2023 10th Karkadakam, 1198. S. R. O. No. 825/2023 In exercise of the powers conferred by sections 16 and 43 of the Kerala Headload Workers Act, 1978 (20 of 1980), the Government of Kerala hereby makes the following rules further to amend the Kerala Headload Workers Rules, 1981, issued under notification No. 46424 E2/80-81/LBR. dated 5th May, 1981 and published as S.R.O. No.542/1981 in the Kerala Gazette Extraordinary No. 354 dated 5th May, 1981, namely:-- |
RULES
S.RULES PRESCRIBED UNDER CHAPTER IXLegal Commentary on Kerala Headload Workers Rules, 1981 – Rules Prescribed Under Chapter IXIntroductionThe Kerala Headload Workers Rules, 1981 were framed by the Government of Kerala under the enabling provisions of the Kerala Headload Workers Act, 1978 (Act 20 of 1980). The Rules prescribe detailed procedures, forms, and regulatory mechanisms to operationalize the statutory scheme under Chapter IX of the Act, which primarily deals with registration, record-keeping, and welfare administration for headload workers in the State. What the Section SaysThe Rules Prescribed Under Chapter IX of the Kerala Headload Workers Rules, 1981 primarily cover the following key provisions:
Essential Ingredients
Scope of SectionThe Rules under Chapter IX have a broad scope covering:- Regulation of employment of headload workers in Kerala- Welfare provisions for headload workers- Settlement of disputes- Registration mechanisms for workers, employers, and establishments- Powers of the Government to make schemes- Constitution and functioning of the Headload Workers Welfare Board- Prohibition on employing unregistered workers Punishment for SectionThe sources do not explicitly specify punishment provisions under Chapter IX of the Rules. However, the Act provides for:- Denial or suspension of registration for headload workers who violate provisions- Restrictions on employers employing unregistered workers Legal Comments
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