save as otherwise expressly provided in this Act, no adult Head load worker shall be required to work for more than eight hours in any day and no adolescent or mino,r head load worker shall be required to work for more than six hours in any day:
Provided that nothing contained in this section shall be deemed to prohibit an agreement between the employer and the head load workers for working for less than eight hours or six hours, as the case may be, on any particular day or days or on all days of employment or to affect any custom or practice prevaUing in the locality under which the head load worker is required to work for less than eight hours or six hours, as the case may be.
L limitation of Employment:- No head load worker shall be required to carry on his head or person at a time any article or articles weighing more than seventy-five kilograms.
Notwithstanding anything contained in this Act, no person who is more than sixty years of age shall be entitled to the benefits conferred on a head load worker under this Act.
S. Daily intervals 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 head load worker shall work for more than three hours cotinuously before he had an interval for rest for at least half an hour.
Wages Payable to Head load workers.- Evcty employer shall pay to any head load worker employed by him such wages as may be prescribed; and different wages may he prescribed for, different e.siab]ishments and for kinds of work.5([rovided that eveiy head load worker shall give a signed receipt to the employer in token of the amount received towards wages)
10. Wages for work between 7 P.M. and 7 A.M. Where a head load worker is required by an employer to work at time between 7 p.m. and 7 am. he shall be paid for such work one and a half times the wages payable to him under S.9:
Provided that nothing in this section shall apply to head load workers working in bus stands, boat jetties, landing places of country crafts and such other places as may be specified by the Government in this behali Enforcement of payment of wages:-(1) If any employer pays less than the wages due to a head load worker or refuses to pay such wages, the head load worker or an official of the union of which he is a member may make an application to the Conciliation officer for a direction under sub-s.(2)
(2) On receipt of an application under subts,(1)the Conciliation Officer shall, after giving the applicant and the employer an opportunity of being heard and after such inquiry, if any, which he may consider necessary, direct:- Proviso to sectionS addS by 10 27 of 2008. PubPsheo in K,G.Ext,No.1757 dt 8.8.2005 in the case of a claim arising out of the payment less than the wages, the Payment of wages due to the head load worker of the amount by which the wages payable to him exceeds the amount actuafly paid by the employer;
in the case of a claim arising out of non payment of less than the wages, the payment of wages due to the head load worker.
(3) If, as a result of a direction under sub-s(2), any amount of the wages becomes payable to a head load worker, the Conciliation Officer shall, if the amount is not paid in accordance with his direction, make a report to the Collector specifying the full particulars regarding the amount of the wages due to the head load worker, and on receipt of such report the Collector shall proceed to recover the same from the employer as if it were an arrear of public revenue due on land.
Explanation - In this sub-section and S.36, "Collector" means the District Collector or any other officer appointed by the Government to exercise the powers and perform the function of a Collector under the Kerala Revenue Recovery Act, 1968 05 of 1968).
12. Appeal - (1) Against any order passed by a Conciliation Officer under S. 11 an appeal shall lie to the appellate authority within a period of thirty days from the date of the order appealed against and the decision of the appellate authority on such appeal shall be final:
Provided that the appellate authority may admit an appeal presented after the expiration of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not presenting the appeal within that period.
Provided that the appellate authority may admit an appeal presented after the expiration of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not presenting the appeal within that period.
(2) The appellate authority shall have no power to stay the operation of the order of the Conciliation Officer pending disposal of the appeal, except for good and sufficient reasons to be recorded in writing.
CHAPTER IV SCHEMES 13, Scheme - (1) The Government may, by notification in the Gazette, make one or more scheme or schemes for any employment or group of employments in one or more area or areas specified in the notification, and by similar notification add to amend or vary any such scheme or substitute another scheme for any such scheme.
Provided, that no such notification shall come into force unless a draft therefore is published in the Gazette and unless it is finalized after considering objections and suggestions received within one month of the publication of such draft in the Gazette.
(2) Subject to the provisions of this Act and the rules made there under, a scheme made under sub-s. (1) may provide for all or any of the following matters, namely:
for the welfare of head load workers;
for health and safety measures for head load workers; 11 6((bb) for providing benefits under the Employees State insurance Act, 1948 Central Act 34 of 1948) to head load workers,) for the constitution of any fund or funds including provident fund for the henofit of head load workers, the vesting of such funds, the payment of contributions to be made to such funds and all matters relating thereto.;
(a) for regulating the recruitment and entry into the scheme of head load workers, and the registration of head load workers and employers including the maintenance of registers, removal either temporarily or permanently, of names from the registers and the imposition of fee for registration;
(e) for regulating the employment of head load workers and the terms and conditions of such employment including maternity benefit, leave with wagesprovision for gratuity and conditions as to weekly and other holidays and pay in respect Ciuse (bb) nserted by Act 13 of 2013. by NotinNo.107Th/teg.C2j2010/Law dt.5.32023 thereof:
(1) for pooling of head load workers who are not employed under any employer or contractor.
for the manner in which, and the persons by whom the cost of operating scheme is to be defrayed [including any cQntribution or welfare levy to be paid by employers and head load workers and the rate of such bontribution or welfare levy;]
for appointing persons and authorities who or which are to be responsible for the administration of the scheme and for the administration of funds constituted for the purposes aforesaid;
for such incidental and supplementary matters as may be necessary or expedient for giving effect to the purposes of the scheme:
generally for making better provision as regards the terms and conditions of employment of head load workers, if any question arises whether any scheme applies to any class of head load workers, the matter shall be referred to the Govemment whose decision thereon shall be final, The Government may, " [in consuation with the Board] by notification in the Gazette, add to the schedule any establishment in respect of the head load workers whereof they are of opinion that a scheme should be made under this Act, and thereupon the establishment so added shall be deemed to be an establishment specified in the Schedule for the purposes of this Act.
Every notification under sub-s (1) shall be laid as soon as may be alter it is issued, 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 should not be issued, 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 modificabon or annulment shall be without prejudice to the vafldity of anything previously done under that notification.
CHAPTER V
14. Boarth(1) The Government may, by notification in the Gazette, establish a Board to be known by such name as may be specified in the notification for the purpose of exercising the powers and performing the functions of the Board under this Act and the schemes.
The Board shall be a body corporate with the name specified, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and may, by that name, sue and be sued.
The Board shall consist of members nominated from time to time by the Government representing the employers, the head load workers and the Government.
The members representing the employers, the head load workers and the Government shall be equal in number.
The Government shall appoint one of the members of the Board to be its Chairman.
After nominations of all the members of the Board and the appointment of the Chairman, the Government shall publish their names in the Gazelle.
The term of office of the members of the Board shall be such as may be prescribed.
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 and the discharge of its functions, the Board shall be bound by such directions as the Government may give to it from time to time,
15. Disgualifications and removal: (1) No person shall be nominated as, or continue to be a member of the Board who:
is a salaried officer of the Board 7[except the person appointed as the Chief Executive of the Board] or is, or any time has been adjudged an insolvent; or is found to be a lunatic or becomes of unsound mind: or is or has been convicted by any offence involving moral turpitude;
ceases to represent the employers or head load workers, as the case may be.
(2) The Government may remove from office any member who:- is or has become subject to any of the disqualifications mentioned in sub-s
(1); or is absent without leave of the Board for more than three consecutive meetings of the Board.
16. Appointment of officers in the Board - (1) The Government may appoint such number of officers as they think fit for assisting the Board in exercise of its powers and the performance of its under this Act or Rules and the Schemes.
(2) The Officers appointed under sub-s (1) shall exercise such powers and - discharge such duties as may be prescribed.