(1) This Act may be called the Puducherry Loading and Unloading (Regulation of Employment and Welfare) Act, 2017.
(2) It extends to the whole of the Union territory of Puducherry.
(3) It shall come into force at once.
Definitions
2. In this Act, unless the context otherwise requires,–
(a) “adult” means a person who has completed eighteen years of age;
(b) “appellate authority” means the Appellate Authority appointed under section 13;
( c ) “contractor” in relation to loading and unloading workers, means a person who undertakes to execute any work for an establishment or an individual by engaging such workers on hire or otherwise, or who supplies such worker either in groups, or as individuals, and includes a sub-contractor, an agent;
(d) “domestic purpose” means,—
(i) shifting, including the transportation of furniture, personal effects and other household articles for domestic use; or
(ii) work in connection with the shifting of the articles of a dwelling house of a person including work at religious or social or public functions; or
(iii) cutting, removal, shifting and transportation of trees and wood for personal use; or
(iv) construction, repairing and maintenance of house including the shifting and transportation of construction materials, equipments, machinery for personal use; or 147
(v) dismantling, demolition and shifting of old building materials or equipments other than those covered by the non-domestic purpose and including its transportation; or
(vi) shifting and transportation of animals for personal use; or
(vii) shifting and transportation of materials including agricultural products, raw materials, agricultural inputs, equipment or agricultural machinery relating to agricultural operations.
Explanation :— For the purpose of this sub-clause, “agricultural operation” does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (Central Act 69 of 1951); or
(viii) such other work or activity or process which the Government may, by notification in the Official Gazette, specify to be domestic purpose;
(e) “employer” in relation to any loading and unloading workers engaged in an establishment by or through contractor, means the principal employer and in relation to any other loading and unloading worker, the person who has ultimate control over the affairs of the establishment, and includes any other person to whom the affairs of such establishment are entrusted;
( f ) “establishment” means any place or premises, including the precincts thereof, in which or in any part of which the loading and unloading employment is being or is ordinarily carried on;
(g) “Government” means the Administrator of the Union territory of Puducherry appointed under Article 239 of the Constitution;
(h) “Inspector” means an Inspector appointed under sub-section (1) of section 22;
(i) “loading and unloading work” means loading and unloading or carrying on head or person or in a trolley any articles or goods in or from or to a vehicle or any place and includes any other work carried out for the transportation or movement of such articles or goods in or from or to a vehicle or any place and includes any other work carried out for the transportation or movement of such articles or goods from one place to another;
(j) “minor” means a person who has not attained the age of eighteen years;
(k) “mischief” means the mischief as defined in section 425 of the Indian Penal Code, 1860 (Central Act 45 of 1860);
(l) “non-domestic purposes” means,—
(i) industrial, agricultural or commercial purposes; other than those covered by domestic purposes; or
(ii) construction, maintenance and dismantling of all types of buildings other than those covered by domestic purposes, dams, bridges, tunnels, sub-ways and roads including all infrastructural projects; or 148
(iii) shifting and transportation of construction materials, equipments or machinery for purposes other than personal use; or
(iv) cutting, removal, shifting and transportation of trees and wood for industrial and commercial purposes; or
(v) shifting, including the transportation of any goods or articles which are used for industrial, agricultural or commercial purposes; or
(vi) installation, erection and dismantling of any electrical, electromagnetic or other sophisticated machinery of any nature and includes the laying of cables; or
(vii) installation, erection and dismantling of office equipments including the shifting and transportation of stationery and furniture items; or
(viii) shifting and transportation of any animals for industrial or commercial purposes; or
(ix) shifting and transportation of any materials which are mechanically loaded or unloaded with equipments or machinery like cranes, tippers or earth removers; or
(x) such other work or activity or process which the Government may, by notification in the Official Gazette, specify to be non-domestic purpose;
(m) “notified wages” means all remuneration payable in cash or in kind including digital payments mode if any, which the Government may fix under section 20;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “principal employer” means an employer who engages loading and unloading workers by himself or through a contractor;
(p) “Registering Officer” means the Registering officer appointed under sub-section (1) of section 22;
(q) “Trade Union” means the trade union registered under the Trade Unions Act, 1926 (Central Act 16 of 1926);
( r ) “unfair practices” means any of the practices as set out in the Schedule to this Act;
( s ) “wages” means all remunerations, expressed in terms of money or capable of being so expressed which would if, the terms of contract of employment, express or implied were fulfilled, be payable to a loading and unloading worker in respect of work done;
( t ) “worker” means a person who is engaged or to be engaged directly or through any agency, or otherwise offering his services for the purposes of doing any loading and unloading work and includes any person not employed by any employer or a contractor, but, working with the permission of or under agreement with the employer or contractor but does not include the members of an employer’s family or the worker or employee covered by 149 the Factories Act, 1948 (Central Act 63 of 1948) or the Plantations Labour Act, 1951 (Central Act 69 of 1951) or the Puducherry Shops and Establishments Act, 1964 (Act No. 9 of 1964) in force in this Union territory;
Application of the Act
3. The provisions of this Act shall apply to any loading and unloading work or activity or process which is connected with, or related to, or ancillary to;
(a) domestic purpose, and
(b) non-domestic purpose, as specified in this Act.
CHAPTER–II RIGHT TO FREEDOM OF EMP LOYMENT AND PROTECTION TO PROPERTY Right to employ workers of one’s own choice
4. An employer shall have the right to carryout loading and unloading work for domestic purpose by himself or by employing the workers of his own choice.
Employment of workers for non-domestic purposes
5. An employer shall have the right to carryout loading and unloading work for non-domestic purposes either by himself or by employing the workers of his own choice.
Prohibition of unfair Practices
6. No worker shall individually or jointly commit any unfair practice in connection with, or relating to, or ancillary to the purposes covered by or under this Act.
Prohibition of entry into property
7. No worker shall make any unauthorised entry into the property of an employer or other person and create any obstruction or hindrance to the work or activity or process to be carried out or commit any mischief or destruction or damage to the land or property of the employer or any other person whether or not such Act constitutes an offence under any other law for the time being in force.
CHAPTER–III HOURS AND LIMITATIONS OF EMPLOYMENT AND WAGES Hours of work
8. Save as otherwise expressly provided in this Act, no worker shall be required to work for more than eight hours in any day and no adolescent or minor worker shall be required to do the work of loading and unloading:
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Provided that nothing contained in this section shall be deemed to prohibit an agreement between the employer and the workers for working less than eight 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 prevailing in the locality under which the loading and unloading worker is required to work for less than eight hours, as the case may be.
Limitation of Employment