Preamble

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• • Lo She To (- 3 ha id THE KERALA HEADLOAD {5° MAR 2021 / Po! ; Aa {

. | WORKERS ACT, 1978 . “\%) sy

Lod NG) ) | | [ACT 20 OF 1980) !

• • ) (AMENDED BY ACT 8 OF 1994);Act 27 of 2008,Act 3 of 2009 & Act 13 of 2013. CT An Act to Regulate the Employment of Head load Workers in the State of . ’ Kerala and to make provision for their Welfare, for the Settlement of Disputes in Respect of their Employment or Non-Employment and for matiers connected i therewith. Co Preamble:- WHEREAS il is expedient to regulate the employment of head load, : ; ’ workers in the State of Kerala and to make provision for their welfare, for the a - setilemént of disputes in’ respect of their employment or .non-employment and for ~ matiers connected therewith; - ' i. BE it enacted in the Twenty year of the Republic of India as follows: iI CHAPTERI; . i i ’ ) “PRELIMINARY . 1. Short Title, Extent and Commencement:-(1) This Act may be called the ’ . Kerala Head Workers Act, 1 978. . ] © (2)textends to the whole df the State of Kerala. i ti . . (3) It shall come into force on such date as the Government may, by notification
• • B Hi : B . in the Gazette, appointment! and different dates may be appointed for different areas
• • and for different provisions of this Act and for different establishment.”
• • 2. Definitions:-In this Act, unless the context otherwise requires, - ) Co
• • (a) “adolescent” means a person who has completed his fifteenth year of age but po i has not completed his eighteenth year of age; : ) . Nl . . Co Sod

1. (b) “adult” means a person who has completed his eighteenth year of age.; ~
2. (c) "appellate authority” in relation to any area, means the appellate authority i appointed under S. 4 for that area; = *[(d) “Board” means a Regulatory and Welfare Board established under S. 14]; . “[(e) “Committee” means a Regulatory and Welfare Authority appointed under — S.18}; {fy “Concifiation Officer” in relation to any area, means the Conciliation Officer - appointed under S. 3 for that area; - *{{g} “Contractor” in relation to an establishment, means a person who - undertakes to execute any work for such establishment by engaging head load ) workers on hire or otherwise, or who supplies head load workers’ (for the purpose of, . engaging them in such establishment and includes a sub contractor and a broker, or a clearing and forwarding agent, or commission agent or mercantile agent or h consignment agent or owner of a vehicle for a carriage of goods.) wr (h} “dispute” means any dispute or difference between employers and employers - or between employers and head load workers or between head foad workers and = head load or workers, which is connected with the employment or non employment or the terms of ww employment or the conditions of employments, of any head load workers. wr Explanation: Where any employer discharges, dismisses, retrenches or = otherwise terminates the services of, or denies employment of an individual head load worker, any dispute or difference between that head load worker and his he employar connected with, or arising out of, such discharges, dismissal, retrenchment - or otherwise termination or denial of employment shall be deemed to be a dispute absttated by Act 276 2008 published in K.G bx No. 175 0td 08.08.2008 notwithstanding that no other head load worker or any union of head load workers is a party to the dispute. {i} “employer” means, « . ) (i) in relation to a head load worker” (employed or } engaged by or through a contractor, the principal employer’ *[(ii} in relation to a head load worker who is not employed or engaged by any : employer or contractor, the Committee appointed under $. 18 **[Explanation: For the purpose of this sub clause “head load worker” means a person registered as head load worker under the Scheme, and whose wages are fi - paid by the employer or contractor through the Committee concerned). (iii in relation to any other head load worker, the person whe has ultimate ) control over the affairs of the establishment in or for which the head load worker is employed and includes any other person to whom the affairs of such establishment or are entrusted, whether such person is called an agent, manager or by any other ) name prevailing in such establishment;
   • • {j) “establishment” means an establishment specified in the schedule and includes the precincts thereof; . ¥K) “family” means “(husband, wife, dependent parents, minor children, including legally adopted children) unmairied or widowed daughters, who are dependent mentally challenged children who are dependant and wholly dependent unmarried sisters)

1. (1) funds” means a fund constituted under a Scheme;
   • (mj) "head load worker” means *[a person engaged or employed directly] or . # inserted by Act 27 of 2008, published in K.G.ExtNo.1757 cf B.8.2008 £ Clause(K) Substituted by Act 13 of 2013 by Netin.Ne. 16715/Leg C2/2010/Law DL5.03 2013 Published in K.G/Extn No.649 dL 53.2013 : “Substituted Act 27 of 2008 published in K.G.No. 1757 dt 8.8.2008 through a contractor in or for an establishment, whether for wages or not, for loading . or unloading or carrying on head or person or in a trolly any article or articles in or from or to a vehicle or any place in such establishment or stacking articles excluding ” delicate or sophisticated articles in a vehicle or unloading by sliding using manuel . tabour from a mechanically propelled vehicle or a person who does in connection with the work in ports the works likes filling of fertilizers in sacks weighing and o stiching of sacks, bundling, breaking seeks of containers,stacking and includes any ~ person not employed by any employer or contractor but engaged in the loading or untoading or cairying on head or person or in a trolly any arficle or articles for wages, but does not includes a person engaged by an individual for domestic purposes. “[Explanation: For the purpose of this clause, *a person engaged by an individual for - domestic purposes” means any person engaged by an individual for “
   • (a) any article for construction of a building for his own residential purpose; © {b} any article in connection with marriage or other family function in his residence or - in places where marriage or other family functions are conducted; (¢} any house-hold articles including fumiture in connection with the shifting of a dwelling house of a person; i i {d) any article or articles for carrying out any agricultural operations in his land (e} any articles exclusively for his personal use and not for any industrial or commercial purposes] -
   • (n) “Inspector” means an Inspector appointed under S. 5 N
2. (0) “minor” means a person who has not completed his fifteenth year of age; {p) "principal employer” means an employer who engages a head load worker by or through a contractor in any establishment; {g) "prescribed" means prescribed by rules made under this Act;
   • (r) "schame’ means a scheme made under this Act; ~ |
   • (s) "wages" means alf remuneration, whether payable in cash or in kind which would, if the terms of employment, express or implied, were fulfilled, be payable [o a head load worker employed in an establishment or for work done in such establishment, but does not include- {i} the value of — (A} any house accommodation, supply of light’ water or medical ] attendance; or . (B) any other amenity or service excluded by general or special order of . the Gevemnment; or {ii} any contribution paid by the employer to any pension fund or any scheme of ! social insurance and the interest which may have accrued thereon; or
     • (iii) any travelling allowance or value of any travelling concession; or B (iv) any sum paid to a head load worker to defray special expenses entailed on him by the nature of his employment; or {v) any gratuity payable on discharge; or {vi) any bonus. CHAPTER If CONCILIATION OFFICERS, APPELLATE AUTHORITIES AND INSPECTOR