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Section 25: Power to make rules

The Kerala Loading and Unloading ( Regulation of Wages and Restriction of Unlawful Practices) Act, 2002State Act of Kerala · Act 10 of 2002

(1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may,—

(a) prescribe the obligations of employers and workers;

(b) regulate the employment of workers and the terms and conditions of such employment which are not specifically prescribed in this Act;

(c) prescribe the method of summoning witnesses, production of documents relevant to the subject matter of the investigation or enquiry before the Inspector or Labour Inspector or any other officer authorised by the Government;

(d) prescribe the powers of Labour Inspector or Inspectors and other officers appointed for the purpose of this Act;

(e) prescribe the modalities for preferring complaint, and matters consequential thereto;

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(f) prescribe general guidelines for fixing notified wages;

(g) prescribe the procedure connected with compounding of offences;

(h) provides for any other matter which is to be or may be prescribed for the effective implementation of the provisions of this Act.

(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 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 rule or decides that the rule should not be made, the rule 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 any thing previously done under that rule.

THE SCHEDULE [See Section 2 (j)] Unlawful Practices

1. Intentionally putting an employer in fear of any injury to him or any other person or damage to his goods or property for getting any work done or demanding amounts in excess of the notified wages for the loading and unloading work connected with or ancillary to the purposes specified in this Act.

2. Intimidating an employer by threat or violence to compel him to engage any person or group of persons for loading and unloading work or for paying amounts in excess of the notified wages prescribed for the work performed.

3. Demanding the right to undertake the loading and unloading work connected with or related to domestic purposes after the employer has refused to engage any worker or group of workers.

4. Demanding, claiming or receiving any amount without executing any work or for the work done by others.

5. Individually or jointly making any obstruction or hindrance to the loading or unloading work and the transportation of goods and articles to be carried out in connection with or relating to or ancillary to the purposes specified in this Act.

6. Obstructing the movement of vehicles or persons carrying goods or articles and delaying of the work connected with or related to the purposes specified in this Act.

7. Intentionally causing damage to the articles or vehicles or machinery or goods while carrying out the loading and unloading work.

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8. Indulging in acts of threat, violence, force, using abusive languages and the like in connection with the work related to the purposes specified in this Act.

9. Indulging in work under the influence of alcohol or other intoxicants.

10. Receiving amounts in excess of the notified wages prescribed for the work or receiving any amount in any other form or manner.

11. Receiving any amount without issuing proper receipt on demand.

12. Demanding or claiming any loading and unloading work in an area where the worker has no preference to do the work.

13. Unauthorised entry into the property of an employer or any person or premises of an establishment for demanding or claiming the loading and unloading work connected with or related to the purpose specified in this Act.

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Where this provision sits

ActThe Kerala Loading and Unloading ( Regulation of Wages and Restriction of Unlawful Practices) Act, 2002
Section25
Marginal notePower to make rules
JurisdictionState of Kerala
StatusIn force as published by the source

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