Kerala act 023 of 1971 : Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971

Section 1. Short title, extent and commencement

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.

Section 2. Definitions

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 on a transport vehicle or to attend to duties in connection with the arrival, departure, 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 is higher.

Section 3. Fair wages payable to motor transport workers

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.

"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 months after the date of such publication, in not more than three monthly instalments."

Section 4. Penalty for non-payment of fair wages

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.

Section 5. Application by motor transport workers not included in the schedule

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.

Section 6. Cognizance of offences

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.

"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 this section shall be laid, as soon as may be after it is made, 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 shall not be made, 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 modification or annulment shall be without prejudice to the validity of anything previously done under that notification."

Section 7. Saving of other laws

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).

Section 8. Repeal and Saving

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

"SCHEDULE A

Rules for fixation of Pay.- (1) The initial pay of a motor transport worker shall be fixed in the revised scale by adding the following, namely:-

(a) the basic pay in the existing scale,

(b) an amount of Rs. 750 equivalent to dearness Allowance point between 500 and 1000, and

(c) an amount equal to 10% of the total amount mentioned in items (a) and (b)

(2) The pay shall be fixed in the revised scale on the basis of the amount computed under sub-rule (1) if the same is a stage in the revised scale and, if not, at the stage next above the amount so computed.

(3) Every motor transport worker who has put in more than 5 years of service on or before 15th day of January, 1997 shall be paid one increment in the revised scale as weightage on completion of every five years of service. The pay of such worker shall be fixed in revised scale after adding the weightage in the pay fixed under sub-rule (2)

(4) For the purposes of these rules,

(a) "existing scale" means the scale mentioned in the Schedule immediately prior to 15^th day of January 1997.

(b) "revised scale" means the scale substituted in the Schedule by the Kerala Motor Transport Worker's Payment of Fair Wages (Amendment) Act, 1977.

Note:

I. Dearness allowance:- The Dearness Allowances shall be paid on the basis of the All India Average Consumer Index Number published by Labour Bureau, Simla for the half years beginning from January to June and July to December every year at the rate of rupees 2 per mensem for every point above 1000 points. The amount of Dearness Allowance for January to June and July to December has to be calculated and paid in September and March respectively.

II. House Rent Allowance.- Every worker shall be paid House Rent allowance, at the rate of rupees 30 per mensem.

III. Grade.- Every worker who has ten years continuous service in a post without any promotion shall be granted higher grade in the scale of pay of the immediate higher post.

IV. Washing Allowance.- Every worker shall be paid Washing Allowance at the rate of rupees 10 per mensem."

SCHEDULE B

CLASSIFICATION OF WORKERS

Category I-Unskilled

Category II-Semi-skilled

Category III-Skilled-A

Category III-Skilled-B

Category IV-Skilled

Category V-Junior Supervisory

Category VI-Senior Supervisory