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205
THE KERALA HEADLOAD WORKERS ACT, 1978
(Act 20 of 1980)
CoNTENTS
Short title, extent and commencement. Definitions.
Appointment of Conciliation Officers. A ppcllate authorities.
Inspectors.
Hours of work.
Limitation of.employment.
Daily intervals for rest.
Wages payable to headload workers. Wages for work between 7 p.m. and 7 a.m. Enforcement of payment of wages. Appeal.
Scheme.
Board.
Disqualifications and removal. Appointmrnt of officers for assisting the Board. Supersession of Board.
Committees.
Appointment of officers for assisting committee. Supersession of committee.
Settlement of disput.::s.
Reference or dec1sion of disputes by Government. Representation of parties.
Application of Workmen's Compensation Act to heacJload workers.
Register of headload workers.
Maintenance of Registers and records by employers. Penalty for obstructtons.
Penalty for making false statements, etc. Other penalties.
Enhanced penalty after previous conviction. Offences by companies.
Cognizance of offences.
Limitation of prosecutions.
Bar of jurisdiction of civil courts.
Power to take evidence on oath, etc.
Recovery of money due from employer.
Power to recover damages.
Recovery of money due from headload workers. Effect of laws and agreements inconsistent wtth tlus Act and schemes.
Members of Board, etc., to be public servants. Power to remo\-c dtfficulties.
Protection of action taken in good faith.
Power to make rules.
1
207
TilE KERALA HEADLOAD WORKERS ACT, 1978 • (Act 20 of 1980)
An Act to regulate the employment of Madload workm in the State of K e1ala atzd to make provrszon for thetr welfare, for the settlemtnt of drsputes in respect of their employment or tzott·employment and for matters cotmected therewith. Preamble.-WHEREAs it is expedient to 1 cgulate the employment of h~adload wot kers in the State of Kcrala 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;
BF. it enacted1in the Twcnty·ninth Year of the Repul)lic of India as tollows :-
( fi.APTER l
Preliminary
1. Short trtle, extent and commencement.-( 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 comei into force on such date as the Government may, by notification in the Gazette, appoint, and different dates may be appointed for different an:2s and for diffcrc:nt provisions of tlhs·Act and for different ~stablishrnenta ..
2. Difiml!ons.-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 ag~t;
(b) "adult" means a person who ·has· completed his eighteenth year of age;
(c) "appellate authority," in relation to any area, means tho appellate authority appointed under section 4 for that area ;
(d) "Board" means a Board constituted u11der section 14; (eJ "committee" means a committee appomted under ~cction 18;
(f) ''Conciliation Officer," in. relation to any area, means the Con- ciliation Officer appointed under section 3 for that area ;
• Received the assent of the President on the 28th day of September.
208
(g) "contractot ", in relation to an establishment, means a person who undertake~ to execute any work for ~uch establishment by engaging headload wo•kers on hire or otherwist", or who supplies headload workers as individuals or in groups for the purpose of engaging them in such establish- ment and iacludes a sub contractor and a brcker ;
(h) "dispute" means any dispute or difference between employers and cmplo) ers or between employers and head load workers or between headload workers and headload workers, whtch is connected with the employment or non-employment or the terms of employment or the condi- tions of employment, of any head load workers ... Explana 1zon -Where any employer discharges, dismisses, retrenches or otherwtse termmates the services of, or denies employment to, an individual headload worker, any diSpute or difference between th'lt headload worker and his employer connected with, or arising out of, such discharge, dismissal, retrl!nchment, termination or denial of employment shall be deemed to be a dispute notwithstanding that no other headload worker or any union of headload workers is a party to the dispute ;
(i) "employer" wcans,-
(i) in relatiOn to a headload worker engaged by or through a contractor, the principal employer;
(ii) in relauon to a headlo'ld worker wh) IS not employed by any employer or contractor, the committee constituted under section 18; and
(iii) in relation to any other headload worker, the p,·rson who has ultim1te control over the affairs of the establishment in or for which the headload worker IS empl1ycd and includes any other person to whom the affairs of such establishment arc entrusted, whether such person is called an agent, manager or by any other name prevailing in such establishment ;
(j ) "establishmmt '' means an establishment specified in the Schedule and includes the precmcts thereof ;
(k) " family " means husband, wife, dependent parents, mmor children and unmarned or widowed daughters ;
(I) " fund " means a fund constituted under a scheme ; ( m) "headload worker" means a person engaged dtrectly or through a contractor in or for an establishment, 'v\hether for wages or not, for loadmg or unloading or carrying on head or person or m a trolly any article or articles in or from or to a vehicle or any place m such establishment, and includes any pcrs0n not employed by dD)' employer or contractor but engaged in the loading or unloadmg or carrying on head or person or in a trolly any arttcle or arttcles for wages, hut does not include c1. person engaged by an individual for domestiC purpose~ ;
(n) "Inspector" meam an Inspector appointed under section 5 ;
(o) "minor" means a person who has not completed his fifteen year or age; '
2G9
(p) ''P• incipal employer" m \Di .111 employer who cn~ages a hend- loacl worker hy or chrough a contr.tctor in auy .:,taiJh~hmcnt ;
(q) "prescnhed" means pr<.-:cniJed hy rules made under this Act;
(r) "scheme" means a ~chemc made under this Act;
(s) "wages" means all remun::ration, wheth1·r payable jn cash or in kind, wb1ch would, tl the terms of employ.,. cnt, expt e~s or implied, were fulfilled, be p.tyable to a headload worker employed m an establishment or for work done in ~uch e~tablislnmnt, but docs not mcludc- ( i) the value of.-
( A) any house accommodation, supply of light, water ur medical attendance or ;
(B) any other amenity or service excluded by general or special order ot the Government ; or
(ii) any contnbution paid by the employer to any pension fund or any scheme of soc1almsurance ancl the mtcrest which may have accruecl thereon; or
(iu) any travelling allowance or value af any travelling concession; or
(iv) any !UID paid to a headload worker to defray special cxpenacs entailed on him by the nature of his employment ;
(v) any gratuity payable on discharge ;
(vi) any bonus.
CHAPTER II
Conciliation Officers, Appellate Authorities and Inspectors
3. Appointment of Concilzatwn Ofjrcm.-The Government may, by notifi- catiOn in the Gazette, appoint for any area specified therein any officer of the LabotJr DC"p.mment noc below the r.mk of Deputy Lctbour Offic,·r to he a Conctliation Officer for the purpose of performmg the !unctions cntrestcd to the Concili,\livn Officer by or under this Act.
4. Appellate authunties.-Thc G.,vernment may, by notification in the Gazette, appoint for any area specint>
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 lit, lo be Inspectors for the purposes ot this Act and define the loc.-.1 hmits w1thm wh1ch they sh .. ul t.xerc1se the1r powers. 34/l350JB.
4
• 2iO
(2) Subject to any rules made in this behalf, an Inspector may, within the lr.cal limits for wluch he is appointed,-
(a) enter with 1>uch asSIStants. if any, being persons in the service of the Government or any local or public authority, as he thinks fit, any establishment wherein headload workers are employed or wherefrom work is given out to headload workers, for the purpose of examining any register, record of wages or notices required to be kept or exhibited under any scheme or rule made under th1s Act and require the production thereof either on the spot or in the office of the Inspector:
Provided that the Inspector shall not enter any establishment at any • time between 7 p.m. and 7 a.m. except whtn work is being earned on in such establi~Rment;
(b) examine any person found in any such 'establishment, if he has. reasonable caus\" to believe that such person is a hcadload worker 1 employ(.d therem or to whom work is given therefrom;
(c) require any person giving any work to a headload worker or a group of head load workers to give any information, which is in his power to give, in respect of the name and address of each of the persons to whom the work is given and in respect of payments made or to be made for the said work;
(d) seize or take copies of such ·registers, records of wages or notices or portions thereof, as he may consider relevant in respect of an offence under this Act or any scheme or rule made thereunder which he has reason to believe has been committed by an employer; and
(e) exercise such other powers as may be prescribed.
(3) Every employer shall afford as Inspector all reasonable facilities for making an entry, mspection, examination or-inquiry under th1s Act.
CHAPTER III
Hours and Limitations of Employment and Wages
6. Hou1 r of work.-Save as otherwise expressly provided in this Act, no ad11lt hcadload worker shall be required to work for more than eight hours in any dd.y and no adolescent or mmor headload worker shall be required to work for more than six hours in any day.
Prov1ded that nothing contained in this section shall be deemed to prohibit an agreement between the employer aL i the heaoload workers for working for less than eight hours or s1x hours, as the case may be, on any pa1 ticular day 01 days or on all days of employment or to 'lffect any custom or practice preva1lmg in the locality under whi• h the headload worker is a required to work for less th3.n eight hour:> or six hours, as the case may be.
7. Limztatzim of Employment.- (I) No head load worker shall be required to carry on h1s head or person at a tune any article or articles we1g.1ing more than seventy-five kilograms.
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211 •
(2) Notwithstanding anything contained in this Act, no per~on who is m"~re than sixty years of age shall be entitled to the hencfits conferrc1\ on a headload workc1 under this Act.
8. Dail)' intmals 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 contmuously before he has had an interval for rest for at least half an hour.
9. Wages pa;•able to headload worJ..ers.-Every employer shall pay to any h~adload workt"r empl0yed by him such wa~~"S as may be pre~cribed; and ,!Jffcrent wages may be prescribed for difTcrrnt e~tablishments and for different kinds of work.
10. Wages for work betweeu 7 p.m. and 7 a. m.-Where a headload worker is requiJ ed by an employer to work at any time bt-twecn 7 p. m. and 7 a. m. he shall be paid for such work one and a half times the wages pJyablc to him under section 9:
Provided that nothing in thi~ section shall apply to headload workers working in bus atand$, boat Jetties, landing places of country crafts and auch other places as may be spcc1fi<:d hy the Governmrnt in this hehalf.
11. Erfjorcement of pa_yment of wages.-( l) If any employer pays less than the wages due to a headload worker or refmcs to pay such wagl's, the head- load worker or an official uf the union of which he is a member may make an ap:>lication to the Conciliation Officer for a direction under sub,ection (2).
(2) On receipt of an application under subsection (1 ), the Concilia- tion Officer shall, aftrr giving the applicant and the employer an opportunity of being hrard and after such inquiry, if any, which he may con~ider neces~ary, dirrct,-
(n) in 1;he case of a claim arising out of the payment of lr:ss than the wages, the pnvment to the heaciload worker of the amount by which the wngrs payable to him rxceeds the amount actually paid by the employer;
(h) in the c,1se of n claim arismg out of non-p~yment of wage~, the paymf'nt of wages clue to the l>cadload w(lrkcr. (:.1) If, as a result of a direction under subsection (2), :my amount of the wnlll'~ bcromcs payable to a headlo.1d worker, the Conciliation Officer shall, if 1 he amount is not paid in acc'>rdance w1th hi 'I direction, make a report to thf' Collector specifying the full particulars regarding the amount of the waJ{es due to the heaJJoad worker, and on receipt of such report the Collector shall pror-,.ed to recover thl! same from the employer as if it were an arrc.1r of public revr:nuc 1lue on land.
Explnnntion -In thi~ sub-section and section 36, "C.)llector" means the District Collector or any oth<'r officer appointed by tl1e Government tr·
,·xt·rcise the po .vcrs and perform the functions of a f!ollector under th 1. h. J,d,J Revc:nue Recovery Act, 1968 (15 of 1968).
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•
12. Appeal.-(I) Against any order passed by a Conciliation Officer under secti0n ll, an ;.ppcal shall lir to the appellate authority within a penod of r!mty days from the date of the order apncaled against, and the decision of the appellate authority on such appeal shall be final:
Provided that the appellate authority may admit .1n ar.peal presented after the expiration of the sai
(2) The appellatf" authority ~hall have n-:> power to stay the operation of the order of the Conciliation Officer penrling d•sposal of the appeal, ... except for good and suffictent reasons to be recorded m writing.
CHAPTER IV
Schemes
13. Scheme.-(1) The Government may, by notification in the Gazett~, make one or more scheme or schrmes for any cmp 1v1. ent or gro11p of employments in one or morf' area or areas specified • ; t' ,, notification, dOd by similar notification add to, amend or va1y and ~uch <'heme or substitute another scheme for any such scheme:
Provided that no such notification shall com" itJto force ,unless a draft thereof is published m th<' Gazette and nnless 1t IS finalised after considering objections and suggestions received witldn one month of the publication of such draft in the Gaze It e.
(2) subject to the provisions of thh. Act and the rules made thereunder a scheme mad'! under subsection ( l) may provide for all or any of the following matters, namely:-
(a) for the welfare of headload workers;
(b) for health and safety measures for headload workers;
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219
(g) for the manner in which, and the per•ons by whom, the cost of operating the scheme ic; to be defrayf'd, including any contributiom to be paHl by employcra and hc:adload workers and the rate of such co11tt ihution;
(h) for appointin!{ persons and authonties who or wiHch a~e to be respomible for the ndmimstration of the sch~me :1nd lor the .idtnmic;tration of funds constituted for the purposes afores:ud;
(i) tor such incidental and supplc:mcntclry matters •, JnJ.y be nece5- sary or expedient fl)r giving effect to the purposes nf the scheme; (J, generally lor making better prov1~ion as reg.lrcls th•: terms ami
• conditions of employment ol hradload w.trkt'r\
..
(3) If any quest tOn arises whether any scheme applit s to any class of headload workers, the matter shall be 1el~rred to the Government whose deciston thereon &hall be final.
(4) The Government may, by notification in the Gat.-:ttc, add to the Srh dulc any e&tabl.~hment in respect of the head load v. 01 kers whereof they arc L.l OJ.liaion that a schemt' should be rna· 'e under this Act, and thereupon the e~tabllshmrnt so nddcd shall be deemrd to be an f'~tablishmcnl ~pecified 111 the Schedule for the purposes of this tu:t.
(5) Every notification under suhsrctwn (1) ~hall be laid, as soon a~ 111ay be after it is is.;tu:d, hdore the Legislati,,· Ass~mbly, while 11 is in ~ession for a total period ol fourteen days wh1ch m:·~ he compri~cd in one St s~ion or in two succcsstvc ~e .i()ns, and 1f. before the rxpiry of the session in which it is so laid or the St ~ton immediatelv following, the Legislative Assembly roakes any modific:ttion in tfte notification or decides th.lt the nottfication should not he i~sut!d, the notificatton shall thereafter have elfrct nnly in such modified form or ht: of nn efTcct, ai the C
CHAPTER v
Board
14. Board.-(!) The Government rn1y, hy JIO'ification in the Gazette
•·stal>hsh a Bo<~rd lot he known by s11ch n.11nc as may be specified in the notification for the purpose of exercising ·h p0wers and performing the functwns of the Boat
(2) The Board shall be a [)Qdy corpor.1te with the name specified, having perpcltnl ~uccesstou and a c mmon seal, \\ ith power to acquire, hold and d1~post· ol property and to contract. .md may, by that name, sue and he sun!.
(3) The Boat d shall consist of members nominated from time to time by the Guvernm1.nt rcprc'ientmg the ~mployers; the headload wcrkers and the Govcrnmellt.
8
~14
(4) The members representing the employers, the headload workers and the Government shall equal in number.
(5) The Government shall appoint one of the members of the Board to be its Chairman.
, (6) After nominations of all the members of the Board and the appoint- ment of the Chairman, the Government shall publish their names in the Gazette. ...,
(7) The term of office of the members of the Board shall be such as rna} be prescribed.
(8) The board shall exercise such powers and perform such functions and shall follow such procedure as may be specified in the scheme or in the rules made under this Act.
(9) In the exercise of the powers arid the discharge of its functions, the Board shall be bound by such directions as the Government may give to it r rom time to time.
15. Disqualifications and removal.·-( 1) No person shall be nominated as, or continue to be, a member of the Board who-
(a) is a salaried officer of the Board; or
(b) is, or at any time has been, adjudged an insol<.ent; or • {c) is found to be ~·lunatic or becomes of unsound mind; or
(d) is or has been convicted of any offence involving moral turpitude; (•~) ceases to represent the e01ploycr~ or t,eadload workers, as the case may be. · ·
(2) The Government maY, remove from office any member who-
(a) is or has become subject to any of the disqualifications mentioned in subsection ( 1); or
(b) is absent without leave of the Board for more than three conse- eutive meetings of the Board.
16 .Appointment of officers for asststing the Board.-(1) The Government may appoint such number of officers as ~hey 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-'exercisc such powers and discharge ~uch duties as may be prescribed.
17. Superscsszon of Board.-( 1) If the Government ar::: of opimon -
(a) that the Board is unable to perform its functions; or
(b) that the Board has persistently made default m 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 pr:riod as may be specified\ in the notification :
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215
Provided that, before issuing a notificatiOn un,Jer this subsection on any of the grounds mentioned in clause (b), the Govemment shall give a reasonable opportunity to the Board to show cam" why it shouhl not be superseded, and shall consider the explanations ,md objections, il' any, of the Board.
(2) Upon the publication of a notification under subsection ( 1) ,- (.t) all the members of the Bonrd; ~hall, as f10m the date of 11uch publication, vacate their offices as such members ; (IJ) all the powers and functions which may beexcrcisedorperformed IJy the Board shall, during the period of supersession, be exercised or performed by ~uch person or persons as may b~ specified in the notilication;
(c) all funds and other prop<'rty \'esting in the Boatd shall, <.luring the period of supr1 sc~sion, vest in the Govewmcnt.
(3) On the 'expiration of the period of ~upetscs~ion specified iu the notification issued under subsection ( 1), the Government may- ( a) extent the period of supctsession for such furthct period ns it may consider necessary :
Provided that the total period of supersession shall not exceed one year ; or
(b) re-establish the Board in the manner provided in ~ection 14.
CHAPTER VJ
Committees
18. Committees.-(!) 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 undet this Act and the scheme, in relation to that area.
(2) Every ~uch committee shall be a body corporate with the name specified, having perpetual succession and a common seal, with power to acquire, hold and dtspose of property and to contract and may by that name sue and be sue1l.
(3) The committee shall consist of such number of members, not exceeding fifteen, nominated by the Government, ol whom two-thirds shall be persous representing the employers and the headload workers.
(4) The members rrpresenting the employers and the headload workers shall be equal in number.
(5) The Government shall appoint one of the members of the
"' committee to be its Chai1man and another member to be its Convener.
(6) Aftt·r nomin 1tion of all the m<'mbcrs of the committee and the appointment of the Chairman and the Convener, the Gover11ment shall publish their n.uncs in the GazLtte and in suci1 other pl.1ces as the Govern- ment may deem necessary.
216
(7) The term of office of the members of the committee shall be such as may b~ prescribed
(8)
(a) The functtons of the commitkc shall be- to pool the headload workets who are not employed under any employer or contractor; .
(b) to arrange and regulate employment to such headload workers (c)
(d)
and to pay them wages;
to take di~ciplinary actwn agamst them wherever necessary; to do all such acts as are necessat y for the imp!ementation of ~ this Act and the scheme.
19. Appomtment of offzcm for asszstmg committee.-(!) 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 functions under this Act and the scheme. ~
(2; The officers appointed under subsectiOn (I) shall exercise such powe1s and discharge such duties as may be prescribed.
20. Supmesstan of commzttee.-( I 1 If the Government are of the opinion-
(a) that the commtttee is unable to perform its functions; or
(b) that the committee has persistently ..-.ade default in the discharge of its functions or has exceeded or abused its powers, the Government may, by notification in the Gazette, supersede the com- mittee for such period as may be specified in the notification:
Provided that, before issuing a notification under this subsection on any of the grounds mentioned in clause (b), the Government shall give a reasonable opportunity to the committt'e to show cause why it should not be superseded, and shall consider the explanations and objections, if any, of the committee.
(2) Upon the publicatiOn of a notification under subsection (1),-
(a) all the members of the comrmttee shall, as from the date of such publicatio11, vacate thetr ofhces as such members;
(b) all the pov.c1s and functions, which may be exercised or perM formed by the committee, shall, during the period of supersession, be exercised or performed by such person or persons as may be specified in the noufication;
(c) all funds and other property vcstmg in the committee shall, during the period of supersession, vest m the Government.
(3) On the expiration of the period of supersession specified in the notification issued under subsection (I), the Government may -·
(a) extend the period of supersession for such further period as they a
may consider necessary : · Provided that the total period of supersession shall not exceed one year; or
(b) appoint another committee in the manner provided in section 18.
n1 CnAP1l'-R VII
Disputes
21. Settlemmt of dtsputes.-(1) Where a dispute which is connected 'hith the employment or non-employment or the terms of employment or with the conditions of work, ot any hcadload worker exist~ or is apprehended, thG Assistant Labour Officer, having junsdiction may holrl conciliation conferences for the purpose of bringmg about a settlement of the d1spute and, if such settlement is not arrived at, send a report of the dispute to the Conciliation Ofliccr.
(2) On receipt of a report under subsectioll ( 1), the Conciliation Officer may hold conciliation proceedings and shall, for the purpose of bringing about a settlement of the dispute, without delay investigate the same and all matters affecting the merits and the nght settlement thereof and may do all such thing~ as he things fit for the purpose of promoting a fnir and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matterg in di•pute is arrived at in the course of conciliation proceedings, the Conciliation Officer shall send a report thereof to the appellate autnority.
(4) If a settlemC'nt of the dispute or any of the matters in dispute is not arrived at, the Concilintion Officer shall take a decision on the dispute or, as the case may be, on the matters in respect of which no settlem('nt has been arrived at and shall send a report of the dispute with a copy of his (lecision to the appellate authority.
(5) The decision of the Conciliation Officer under subsectiOn (4) shall, subject to the decision of the appellate au1hority under gubsection (7), be binding on all parties to the dispute.
(G) Any person aggrit ved by any decision of the Conciliation Officer under subsection (4) may, within such t1mc as may be prescribed, appeal to the appellate authonty against such deciSIOn.
(7) On recci pt of an appeal under subsection (6), the appellate authonty shall make such inqUJries as it deems fit and after giving the p
(fi) Notwithstanding nnything contained in any law for the time being in force, the appellate authmity shall not stay the operation of the decision or the Conc1liation Officer pending its deciswn on the appeal except for good nnd sufficient reasons to be r~'cordcd m writing.
" 22. Riference or decimn of disputes by Government.-(!) Notwithstanding anything contained m sectwn 21, where any dispute cx1sts or is apprehended, the Government may, by order in writing and for reasons to be stated therein,-
34/1350/B.
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218
(a) refer the dispute to the appellate authonty constituted for the area in which the dispute exists or is apprehended, for derision ; or
(b) decide the dispute themselves.
(2) Where a dispute is referred to an appellate autbonty under clause
(a) of subsectiOn (1), that authonty shall decide the dispute as it the reference by the Government were an appeal under subsection (6) of section 21. '·
(3) The derision of the Government referred tn in clause (b) of sub- section (I) shall be final and shall be g1ven effect to by the parties to the dispute forthwith.
23. Representatzon of partzes.-( I) A head load 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 ~xecutive or other office bearer of a regis- tered trade union of which he is a member; '
(b) any member of the executive or other office bearer of a federa- tion of trade unions to which the trade union referred to in clause (a) is affiliated ;
(c) where the headlcad worker is not a member of any trade union, by any member of the executive or other office bearer of any trade uniOn connected with, or by any other headload worker employed m, the e'tablishment under which the headload worker is employed and authorised in such manner as may be prescribed.
(2) An employer who ts a party to a dispute shall be entitled to be represented in any proceeding under thts Act by- ( a) an officer ol an association of employers of which he is a member;
(b) an officer of a federation of assoc1~tion of employers to which the association referred to in clause (a) is affiliated;
(c) where the employer is not a member of any association of employers, by an officer of any association of employers connected with, or by any other employer engaged m, the establishment similar to the one in which the employer is
. engaged and authomcd in such manner as may be prescribed.
(3) No party to a dispute shall be entitled to be represented by a legal practitwr.er m any conctliation proceedings under this Act.
(4) In any proceeding before the appellate authority, or the Govern· ment, a party to a d1spute may be represented by a legal practitioner with the consent of the other pa.rt1es to the proceedmg and with the leave of the appellate authority or the Government, as the case may be.
219 ....
•1 CHAPTER"' VI II
Workmen's Compensation
24. Application of Workmen's Compensation Act to headload workers.-The provisions of the Workmen's Compcmation Act, 1923 (C~:ntral Act 13 of 1923) and tlu: rules made thereunder shall mulalts mutandts apply to the headload workers employed in any <'Stablishment, and, for that purpose, they shall br. deemed to be workmen with;n the meanmg of that Act. CHAPTER lX
Registers and Records
25. Registn of headload workcrs.-(1) S11ch authority ~r officer as may be prescribed shall prepare a register of headlo.Ld workers workmg 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, m such manner as may be prescribed.
26. Mazntenance of Registers and records by employers.-( I) Every employer shall mamtain such registers and records as may be prescribed.
(2) Thr. regtsters and records referred to in subsection (I) shall contain s ueh particulars and shall be countersigned Ly such officer and shall be kept in such place, as may be prescribed.
CHAPTER X
Penalties and Procedure
27. Penalty for obstructwns.-( 1) Whoever obstructs any In~pector or Assistant Lauour Officer or Conctliation Officer or appellate authority in the d1scharge of his or its duties under tillS Act or refuses or wtlfully nc>gl
(2) Who1·vcr wilfully rcfuSl'S to produce on the demand of an Inspect1r or a Concihation Officer or an appellate authonty any register or other document kept in pursuance of this Act or prevents or attempts to
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prevent or does anything wh1ch he has reason to belie·:e is likely to prevent any person fro n appeanng before, or bemg examined by, an Inspector or a Conciltatton Officer or an appellate author tty actmg in pursuance of his or its duttcs under thts Act, shall be punishable wtth tmpn~onment for a term which may extend to six months, or wuh fine wh1ch may extend to one thousand rupees or with both.
28. Penalty j01 makzng false statements, etc -Whoever for the purpose of avo~ding any payment to be made by h1m under this Act or under a scheme or for enablmg any other person to avoid such payment, knowmgly makes or causes to be made any talse statement or false representation, shall be punishable with impnsonment for a term which may extend to six months, or with fine wh1ch may extend to one thousand rupees, or with both.
29. Other penaltzer.-Whocver contravenes or makes default in complying w1th any I the provisions of th1s Act or a sch~me or of any rule madn under this Act shall, 1f n) other penalty is elsewhere prov1ded by or under this Act for such contraventiOn or non-comphanre, be p·mishable with imprisonment for a term which1may f'Xtend to six mortths, or with fine which may extend to one tl ousand rupees, or with both, and, in the case of a continuing contravention, wrth an <1dd1t1onal fine which may extend to on-:> hundred
rupees for every day during wh1ch such contravention continues after conviction for the first sucb contravention. ,
30. Enhanced penalty after previous conuictwn.-If any person who has been convicted of any offence punishablt: under tlus Act is again found guilty of an ofienc.-' involving a contravention of the same provision, he shall be puni
31. Offences by companies.-(1) Where an offence under this Act has been committed by a company, every person who at th~ 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 accordmgly :
Provided that nothmg contained, in this subsectiOn shall render any such person liable to any punishment if he proves that the offence was com- mitted without his knowledge or 'that he exerc1sed all due diligence to prevent the commisswn of such offence.
(2) Notwithstand mg anythmg contained in subsection ( 1), ~here an offence under this Act has been {Ommitted by a Company and it lS proved that the offence has been comm11ted with the consent or connivance of, or is attributable to any neglect on the part of, any Director, Manager, Secretary
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or other officer of the Company, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be procer.ded against and puni~hed accordingly. Explanation.-For the purposes of this section,-
(a) "company" means any body corj)orate and includes a finn or other associ at ion of indiViduals; and
(b) "Director", in relation to a firm, means a partner in the firm.
32. Cognizanc1 of offences.-No court shall take c'lgnizance 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.
33. Limitation qf prosecutions.-No court shall take cognizance of an offence punishable under this Act unless complaint there of is made within three month! frorn the date on wh1ch the alleged commi5sion of the offence comes to the knowledge of the Government or the officer authorised under section 32.
CHAPTER XI
Miscellaneous
34. Bar of jurisdiction of civil courts.-No civil court shall entertain any 11uit or other proceedings to set aside or modify any order or decision passed hy any authority or officer under this Act in respect of any of the matters falling within its or his SCOJ.e.
35. Power to tab •vidence 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 oath;
1b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination·of witnesses;
(c) such other matters as may be prescnbed; nnd anr proceeding before such authority or officer shall be deemed to be a judicia proceedmg within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code (Central Act 45 of 1860). --- ------------------
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36. Recovery ofmo·tey due from em,bloyer.-(1) Where any money is due to a headload worker under a settlement or decis1on referred to in Sllbsection or subsection ( 4) or subsection (7) of s~ct10n 21 or section 22, the head load worker himself or any other persJn 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 Collector shall recover the amount as if it were an arrear of public revenue due on land:
Provided that every such application shall be made within one year from the date on which the money became due to the headload worker.
(2) Any amount due from an employer as contribution to any fund and any other amount due from an employer under this Act or a scheme or rule made under this Act may, if the amount is in arrear, be recovered as it were an arrear of public revenue due on land.
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 dam.-1ges, not exceedmg twenty-five per cent of the amount of arrears, as they thmk fit.
38. Recovery of money due from headload workers .-Where any money is due to an employer by a headlo::t.d 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 any other person authorised by him in that behalf or, m 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 atlthority for the recovery of the money due to htm and 1f 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.
39. Effect of laUJs and agreements inconsistent with thts Act and schemes.- (!) The provisiOns of this Act and the schemes shall have effect notwith- standing anything inconsistent therewith contamed 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 authonty 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.
40. Members of Board etc., to be publzc servants.-Every member of the Board or of a committee and every officer appomted under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860.)
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41 • /'ower to remove difficulties.-If any difficulty ames 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 tp them necessary or exped1ent for the purpose of removing the difficulty.
42. l'rotection of actzon taken in good Jaith.-No suit, prosecution or other legal pl'occedings shall lie against the Government or any authority or officer m respt·ct of an} thing which is good faith done or intended to be done in pursuance of this Act or any schtme, rule or order made under this Act.
43. Power to make rules.-(!) 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 genarality of the foregoing power, such rules may provide for-
(a) the obligations of headload workers and employers;
(b) regulating the employment of headload worket·s whether rcgist<:l ed or not and the terms and conditions of such employment which are not specifically provided in this Act ;
,
(c) regulating, restricting or otherwise controlling the employmtnt by any.employer of hcadload wmkers not registered in h1s establishment ;
(d) any other matter which has to be, or may be prescribed.
(3) Every rule made under this Act shall be laid as soon as may be after It is made before the Legislative Assembly while it i~ in session for a total period of fourteen days, which may be compnsed in one session or in two suco:s~ive sesswns, and if, before the exp1ry of the session in which it is so laid, or the session immediately following, the Legislative Assembly mak<:s nuy mod1fication in the rule or decides that the rule should not be madn, the rule shall thereafter have effect only in such modified form or be of no dfl'ct as the case may be; so however that any such modification or annulment shall be wnhout prejudice to the validity of anything previously dnne under that rule.
Tue ScHEDULr:
[See section 2 (j) J
I . l ron and steel markets or shops .
2 , Cloth and cotton markets or shops.
3. Grocery rna rkets or shops.
4. Railway yards and goods sheds. ------- ---- -- ------
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5. Establlshments employing workers for loading or unloading of goods and other operations incidental and connected thereto.
6. Vegetable markets (including onions and potutoes markets).
7. Establishments employing workers for loading, unloading and
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