Kerala act 23 of 1971 : The Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971 (No.23 of 1971)

THE KERALA MOTOR TRANSPORT WORKERS PAYMENT

OF FAIR WAGES ACT, 1971

(Act 23 of 1971)

CONTENTS

? Preamble.

Sections

1, Short utle, extent and commencement.

Definitions.

Fair wages payable to motor tranSport workers

Penalty for non~payment of fair wages.

Application by motor transport workers not included in the schedule

wewse 6. Cognizance of offences.

7. Savmg of other loans.

8, Repeal and Saung.

Schedule A

.‘ Schedule B

THE KERALA MOTOR TRANSPORT WORKERS' PAYMENT

OF FAIR WAGES ACT, 1971‘

(Act 23 of 1971)

An Act to provide for payment of fair rates of wages for motor transport workers in the State of Kerala and for

matters incidental thereto

Preamble—WHEREAS it is expedient to prowde for pay- ment of fair rates of wages for motor transport workers in the State of Kerala and for matters inc1dental thereto,

BE ll enacted in the Twenty Second Year of the Republic of India as follows :—

1. Short title, extent and commencement—(ll This Act

may be called the Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971.

‘Fublished m the Gazette Extraordinary No. 342, dated 3rd

August, 1011.

213 THE KERALA MOTOR TRANSPORT WORKERS’ PAYMENT OF FAIR WAGES ACT, 1971 (Act 23 of 1971) CONTENTS Y Preamble. Sections 1. Short title, extent and commencement. 2. Definitions. 3 Fa1r wages payable to motor tranSport workers 4. Penalty for nun~payment of fair wages. 5. Application by motor transport workers not included in the schedule. 6. Cognizance of offences. 7. Savmg of other loans. 8. Repeal and Saying. ‘ Schedule A Schedule B THE KERALA MOTOR TRANSPORT WORKERS' PAYMENT OF FAIR WAGES ACT, 1971‘ (Act 23 of 1971) An Act to provide for payment of fair rates of wages for motor transport workers in the Stale of Kerala and for matters incidental thereto Preamble—WHEREAS it is expedient to prowde for pay- ment of fair rates of wages for motor transport workers In the State of Kerala and for matters inmdental thereto, BE ll enacted in the Twenty Second Year of the R€publlc of India as follows :— 1. Short title, extent and commencement—(ll This Act may be called the Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971. ‘Fubllshed m the Gazette Extraordinary No. 342, dated 3rd August, 1071.

(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.

2. Definitions—In this Act, unless the context otherWise

requires,—

(a) "employer" means in relation to any motor trans-

port undertaking, the person who or the authority which, has the ultimate control over the affairs of the motor trans—

port 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 trans-

port undertaking including a private carrier engaged in carry— ing 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 con—

nection With the arrival, reparture, 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 15 higher.

3. Fair wages payable to motor transport workers.—

Notwrthstanding 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:

Prowded 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 more than Six monthly instalments.

4. Penalty for non-payment of fair wages—Any employer who refuses to pay fair wages as pi'OVided in this Act to any

214 (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. 2‘ Definitions—In thts Act, unless the context otherWise requires,— (a) “employer" means in relation to any motor trans- port undertaking, the person who or the authority which, has the ultimate control over the afiairs of the motor trans- port 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 trans- port undertaking including a private carrier engaged in carry— ing passengers or goods or both by road for hire or reward: (6) "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 capactty on a transport vehicle or to attend to duties in con— nection w1|h the arrival, reparture, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, stauon stafl", 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 15 higher. 3. Fair wages payable to motor transport Workers.— NotWithstanding anything contained in any other law, rule, order or notification havmg 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: Prowded 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 m not more than Six monthly instalments. 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.

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 Com- missmner that he has not been included in a category of the

schedule.

(2) On receipt of such an application the Labour Com- missmner may, after hearing the applicant and the employer and making such enquiries as he may COHSldel‘ necessary pass orders deCiding the category in which the applicant is to be included.

(3) Against the orders of the Labour Commissmnei 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 Commissmner.

6 Cognizance of oflences.—-(l) No courl shall lake

cognizance of an offence under lhis Act save on complaint made by such authority as the Government may, by notifica- tion in the Gazette, specify

(2) No court inferior to that of a Magistrate of the

First'CIass shall try any offence under this Act.

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, 1036

(Central Act 4 of 1956), the Minimum Wages Act, 1948 (Central Act 11 of 1948), the Motor Transport, Workers Act, 1961 (Central Act 27 of 1961) and the Industrial Disputes Act, 1947 (Central Act 14 of 1947).

8 Repeal and Saving—(l) The Kerala Motor Trans—

port Workers' Payment of Fair Wages Ordinance, 1971 (8 of

1971) is hereby repealed.

(2) NotWithstanding such repeal anything done or any a'ction taken or any proceeding instituted under the said Ordi- nance shall be deemed to have been done or taken or instituted

under this Act.

215 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. 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 Com- missmner that he has not been included in a category of the schedule. (2) On receipt of such an application the Labour Com- missmner may, after hearing the applicant and the employer and making such enquiries as he may consldel‘ necessary pass orders deCiding the category in which the applicant is to be included. (3) Against the orders of the Labour Commissmner 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 Commissmner. 6 Cognizance of offences—(l) No courl shall lake cognizance of an offence under lhis Act save on complaint made by such authority as the Government may, by notifica- tion in the Gazette, speCiiy (2) No court inferior to that of a Magistrate of the First'Class shall try any offence under this Act. 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 Disputes Act, 1947 (Central Act 14 of 1947). 8 Repeal and Saving—(l) The Kerala Motor Trims— port Workers' Payment of Fair Wages Ordinance, 1971 (8 of 1971) is hereby repealed. (2) NotWithstanding such repeal anything done or any a‘ction taken or any proceeding instituted under the said Ordi— nance shall be deemed to have been done or taken or instituted under this Act.

SCHEDULE A

Calcgogy Deames: Home rent

of P417 male allowance allawancnfor employee: all worker:

R5. R5. R5.

Class of Employers—I (Employers owning 5 or less than 5 vehicles) I 55—2—65—3—80—4~—100 65 5

II 65—3—80—4—100—5—125 65 5

III (A) 80—4—100—5—125—6—155 65 5 III (B) 85—4—105—5—130—6—160 65 5 IV l00—5—125—6—i 55—7—190 70 5

V 125—6455—7—190—EB-10—24O 70 5

VI 140-7—1 75—3—215—EB—l2—275 70 5

Class of Employers—II (Employers owning more than 5 but less than 26

vehicles) I 55—2—65—3—80—4-—100 70 5

II 65—3—80—4-4 00-5—1 25 70 5

III (A)! 80—4-100—5-125—6—155 70 5 III (B) 85—4—105—5—130—6—160 70 5 IV 100—5—l25—6v155~7—190 75 5

V 125—6—155—7—190—EB—10—240 75 5

VI l40—7—l 75—8—215—EB—l 2—275 75 5

Class of Employers—III (Employers owning 26 or more vehicles) I 55—2—65—3—80—4—1 00 75 5

II 65—3—80—4—100—5425 75 5

III (A) 80—4—100—5—125—6—155 75 5 III (B) 35—4-105—5—130—6—160 75 5 IV I 00$~l 2545—155—7—190 80 5

V 125-6—155—7—190—EB—10—240 80 5

VI l40—7—l 75—8—215—EB—l2—275 80 5

Norm—The Dcarness Allowance mentioned above is linked to All

India Average Consumer Price Index of working class

published by Labour Bureau, Simla, for April 1969 when it stood at I71, With 1960:100. For every rise or fall per point an adjustment of 75 paise would be made in it. The revision will be effective prospectively from lsi April every year on the basis of the average of the indices for the earlier 12 months [0| January to December. The Deamess Allo- wance as shown in the Schedule will not be reduced even if

‘he index figure goes below 117.

.__...___..___‘

216 SCHEDULE A Category Deamm Home rent of P417 male allowance allawaruzfar employer: all worker: R5. R5. R5. Class of Employers—l (Employers owning 5 or less than 5 vehicles) I 55—2—65-3—80—4~—100 65 5 II 65—3—80—4—100—5—125 65 5 III (A) 80—4—100—5—125—6—155 65 5 III (B) 85—4—l05—5—l30—6—160 65 5 IV 100-5—125—6—4 55—7—190 70 5 V 125—6~155—7—190—EB-10—240 70 5 VI 140-7—175—3—215—EB—12—275 70 5 Class of Employers—II (Employers owning more than 5 but less than 26 vehicles) I 55—2—65—3—80—4-1 00 70 5 II 65—3—80—4—l 00-5—1 25 70 5 III (A)! 80—4-100—5-125—6—155 70 5 III (B) 85—4—105—5—130—6—160 70 5 IV lOW5—l25—6—155A7—190 75 5 V 125—6—155—7—190—EB—10—240 75 5 VI l40—7—l 75—8—215—EB—l 2—275 75 5 Class of Employers—III (Employers owning 26 or more vehicles) I 55—2—65—3—80—4—1 00 75 5 II 65—3—80—4—100—5—l25 75 5 III (A) 80—4—100—5—125—6—155 75 5 III (B) 35—4—105—5—130—5—160 75 5 IV I 00$~l 2545—155—7—190 80 5 V 125-6—155—7—190—EB—10~240 80 5 VI [40—7—1 75—8—215—EB—12—275 80 5 Norm—The Dcarness Allowance mentioned above is linked to All India Average Consumer Price Index of working class published by Labour Bureau, Simla, for April 1969 when it stood at l7], With 1960:100. For every rise or fall per point an adjustment of 75 paise would be made in it. The revision will be effective prospectively from lst April every year on the basis of the average of the indices for the earlier 12 months for January to December. The Deamess Allo- wance as shown in the Schedule will not be reduced even if the index figure goes below 117.

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SCHEDULE B

CLASSIFICATION OF WORKERS

Category l-Unskilled

Cleaner

Helper Loadman

Porter

Ramp Attendant

Attendant/Attender Mazdoo r

Hammerman

Packer

Swee per Watch man[Chowkidan Gate

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

Keeper/Sepoy/Armed Guard 22.

Peon

Khalasi

Liftman

Guest Room Attendant

Sanitary Worker Roneo Duplicator/Duplicat-

ing Operator Sorter

Record Supplier Daftry Adrema Operator Nursing Orderly

Category II-Semi-skilled

Conductor

Booking, Delivery and other clerks in Goods Transport

Load Reporter Time-keeper (working at

places other than workshop depots and offices)

Assistant Fitter

Assistant Electrician

Assistant Carpenter Assistant Blacksmith

Assistant Welder

Assistant Turner

Assistant Tyre-man Assistant Greaser

Assistant Battery-man Assistant Painter

Assistant Liner

Assistant Binder

Assistant Compositor Stitching man

Cutting man . Junior Clerk

Typist

22.

23.

24.

25.

26.

27.

28.

29.

32.

33.

34.

35.

36.

37.

38.

39.

40.

42.

43.

Telephone Operator Compounder/Di esser Storeman

Store Assnstant Tracer

Assistant Draughtsman Telephone Assistant Assistant Cashier

Steno-Typist Assistant Store-keeper Gardener

Watch and Ward Inspector Record Assistant

Salesman

Shrofl"

Security Havildar Assistant Fire Warder

Record Keeper-cum-Libra- nan

Inquiry Clerk Estimator Work Assistant Blue Printer

Category Ill—Skilled—A

Checking Supervisor Planning Inspector Checking Inspector Time-keeper in workshop

offices and deposits

5.

6.

7.’

8.

Senior clerk

Stenographer Store-keeper Advertisement Assistant

_ _ _s_ 583m35595Nr99989w P9”? 217 SCHEDULE B CLASSIFICATION OF WORKERS Category I-Unskilled Cleaner Helper Loadman Porter Ramp Attendant Attendant/Attender Mazdoo r I-lammcrman Packer Sweeper Watch man [Chowkidan Gate 12. l3. 14. 15. [6. l7. [8. 19. 20. 21. Keeper/Sepoy/Armed Guard 22. Peon Khalasi Liftman Guest Room Attendant Sanitary Worker Roneo Duplicator/Duplicat- ing Operator Sorter Record Supplier Daftry Adrema Operator Nursing Orderly Category fl-Semi-skilled Conductor Booking, Delivery and other clerks in Goods Transport Load Reporter Time-keeper (working at places other than workshop depots and offices) Assistant Fitter Assistant Electrician Assistant Carpenter Assistant Blacksmith Assistant Welder Assistant Turner Assistant Tyre-man Assistant Greaser Assistant Battery-man Assistant Painter Assistant Liner Assistant Binder Assistant Compositor Stitching man Cutting man Junior Clerk Typist 22. 23. 24, 25. 26. 27. 28. 29. 30 31 32. 33. 34-. 35. 36. 37. 38. 39. 40. 4-1 42. 43. Telephone Operator Compounder/Di esser Storeman Store Assnstant Tracer Assistant Draughtsman Telephone Assistant Assistant Cashier Stone-Typist Assistant Store-keeper Gardener Watch and Ward Inspector Record Assistant Salesman Shroff Security Havildar Assistant Fire Warder Record Keeper-cum-Libra- nan Inquiry Clerk Estimator Work Assistant Blue Printer Category III—Skilled—A Checking Supervisor Planning Inspector Checking Inspector Time-keeper in workshop offices and deposits 5. 6. 7.’ 8. Senior clerk Stenographer Store-keeper Advertisement Assistant

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Category III—Skilled—A—(mnt.)

Art Executive 13. Statistical Clerk

Purchase Assistant 14 Receptionist Store Verifier 15. Binder

Draughtsman 16 Fire Warden

Category Il'l—Skilled—B —(

Driver 17. 'l‘msmith

Technical Inspector 18. Assxstant Mechanic Route Inspector 19. Plumber

Tyre Examiner 20 Tinker Crane Operator 21. Liner

Driving Inspector 22. Boilerman Fitter 23. Machinist

Electrician 24. Pumb tender

Carpenter 25. Vulcaniser Blacksmith 26. Assistant Electric Supervisor Welder 27. Overseer

Turner 28. Nurse

Tyreman 29. Comptist Greaser 30. Cashier

Batteryman 31. Junior Assistant ; Painter 32. junior Accountant

'

Category IV—Skilled

Traffic Supervisor 9. Statistical Superintendent Mechanic/Head Mechanic 10. Legal Assistant Electrical Vulcaniser 1 I. Confidential Secretary to Head Painter Chainman

Head Spray Painter 12. Chief Store Keeper Chief Mechanic 13. Audit Assistant

Electric Supervrsor [4. Head Draughtsman Head Clerk

Category V—Junior Supervisory

Superintendent of Training 7. Purchase Supervisor Public Complaint Officer 8 Technical Supervisor Deputy Superintendent of 9. Inspection and Claim Officer

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Operation 10. Medical Officer Assistant Foreman 11. Junior Accounts Officer Assistant Works Superinten- 12. Advertisement Officer

dent 13 Accident Officer

Store Supervisor 14. Auditor

10. ll. 12. H pepseueww- .—_.._.._._ 99"??? wswvewpr ¢ we PP? 218 Category III—Skilled—A—(conl.) Art Executive 13. Statistical Clerk Purchase Assistant l4 Receptionist Store Verifier 15. Binder Draughtsman 16 Fire Warden Category III—Skilled—B Driver [7. 'l‘msmith Technical Inspector 18. Assxstant Mechanic Route Inspector 19‘ Plumber Tyre Examiner 20 Tinker Crane Operator 2). Liner Driving Inspector 22. Boilerman Fitter 23. Machinist Electrician 24. Pumb tender Carpenter 25. Vulcaniser Blacksmith 26. Assistant Electric Supervisor Welder 27. Overseer Turner 28. Nurse Tyreman 29. Comptist Greaser 30. Cashier Batteryman 3]. Junior Assistant Painter 32. junior Accountant Category IV—Skilled Traffic Supervisor 9. Statistical Superintendent Mechanic/Head Mechanic 10. Legal Assistant Electrical Vulcaniser ll. Confidential Secretary to Head Painter Chainman Head Spray Painter 12. Chief Store Keeper Chief MCChanlC 13. Audit Assistant Electric Supervxsor [4. Head Draughtsman Head Clerk Category V—Junior Supervisory Superintendent of Training 7. Purchase Supervisor Public Complaint Officer 8 Technical Supervisor Deputy Superintendent of 9. Inspection and Claim Officer Operation 10. Medical Officer Assistant Foreman ll. Junior Accounts Ofliccr Assistant Works Superinten- 12. Advertisement Ofiicer dent 13 Accident Officer Store Supervisor 14. Auditor 2

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Category VI — Senior Supervisory

Depot Manager Superintendent of Operation Trafific Superintendent Foreman

Accountants

Inspector of Accounts Internal Auditor

Office Superintendent

9.

10.

ll.

12.

l3.

l4.

Superintendent Legal Assistant

Supervisor Establishment] Statistic/Labour

Statistical Officer

Administrative and Personnel

Officer

Technical Officer

Assistant Manager

workshop]

9899*9Nr 219 Category VI - Senior Supervisory Depot Manager Superintendent of Operation Trafiic Superintendent Foreman Accountants Inspector of Accounts Internal Auditor Office Superintendent 9. 10. ll. 12. 13. I4. Superintendent Legal Assistant Supervisor Establishment] Statistic/Labour Statistical Officer Administrative and Personnel Oflicer Technical Officer Assistant Manager workshop]