(1) For the purpose of ensuring an adequate supply and full and proper utilisation of unprotected workers in scheduled employments, and generally for making better provislon for the terms and conditions of employment of such workers, whether registered or not, the Government may by means of a scheme provide for the registration of employers and unprotected workers in all or any of the scheduled employments and provide for the terms and conditions of work of such unprotected workers, whether registered or not, and make provision for their general welfare.
(2) In particular, a scheme may provide for-
(a) the application of the scheme to such classes of employers and unprotected workers, as may be specified therein;
(b) defining the obligations of employers and unprotected workers subject to the fulfilment of which the scheme may apply to them;
(c) regulating the recruitment and entry into the scheme of unprotected workers, and the registration of Schemes for ensuring regular employment of unprotected Workers.
[Act No.61 of 1976] 5 employers and unprotected workers including the maintenance of registers, removal either temporarily or permanently of names from the registers and provision for appeal against such removal to the prescribed authority, and the imposition of fees for registration;
(d) regulating the employment of unprotected workers whether registered or not, and the terms and conditions of such employment, including rates of wages, hours of work, maternity benefit, over-time payment, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof;
(e) securing a minimum wage subject to the conditions of the scheme to registered workers in respect of periods during which employment or full employment is not made available to them, although they are available for work;
(f) prohibiting, restricting or otherwise controlling the employment of unprotected workers either by employers or otherwise, to whom the scheme does not apply;
(g) the welfare of unprotected workers covered by the scheme, in so far as satisfactory provision therefor does not exist, apart from the scheme;
(h) health and safety measures in places where the unprotected workers are engaged, in so far as satisfactory provision therefor is required but does not exist, apart from the scheme;
(i) the constitution of any funds, including provident fund for the benefit of unprotected workers, the vesting of such funds, the payment and contributions to be made to such funds, and all matters relating thereto;
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(j) the manner in which, and the persons by whom, the cost of operating the scheme is to be defrayed, including any contributions to be paid by employers and unprotected workers, and the rate of such contribution;
(k) the appointment of persons or authorities who are to be responsible for the administration of the scheme or funds aforesaid;
(l) such incidental and supplemental matters, as may be, necessary or expedient for giving effect to the purposes of a scheme.
(3) The scheme may further provide that a contravention of any provision thereof shall be punished with imprisonment for such term as may be specified, but in no case exceeding three months in respect of a first contravention or six months in respect of any subsequent contravention or with fine which may extend to such amount as may be specified, but in no case exceeding five hundred rupees in respect of the first contravention, or one thousand rupees in respect of any subsequent contravention, or with both imprisonment and fine.
4. The Government may, by notification after consultation with the Advisory Committee, and subject to the condition of previous publication, make one or more schemes for any scheduled employments or group of scheduled employments in one or more areas specified in the notification, and in like manner add to, amend, vary or substitute another scheme made by them:
Provided that no such notification shall come into force unless a period of one month has expired from the date on which it is notified:
Provided further that,- Making variation and revocation of scheme.
[Act No.61 of 1976] 7
(a) if the Government consider it necessary, or
(b) if a demand or request is made by a majority of the employers or wokers in any other scheduled employment, the Government may, after consulting the employers and workers in such other scheduled employment, by notification, apply the provisions of the scheme or part thereof to any other scheduled employment, with such modifications, if any, as may be specified, in the notification that the provisions of any scheme so made for any scheduled employment or any part thereof should be applied to such other scheduled employment.
5. If any question arises whether any scheme applies to, employers or any class of unprotected workers, the matter shall be referred to the Government and the decision of the Government on the question, which shall be taken after consulting the Advisory Committee, shall be final.