In exercise of the
powers conferred by section 11 of the Kerala Casual, Temporary and Badli
Workers (Wages) Act, 1989 (1 of 1990), the Government of Kerala hereby make the
following rules, namely :- (1)
These
rules may be called the Kerala Casual, Temporary and Badli Workers (Wages)
Rules, 1993. (2)
It
extends to the whole of the State of Kerala. (3)
It
shall come into force on such date as the Government may, by notification In
the Gazette, appoint. (1)
In
these rules, unless the context otherwise requires. (a)
"Act"
means the Kerala Casual, Temporary and Badli Workers (Wages) Act, 1989,(1 of
1990). (b)
"Appellate
authority" means and officer appointed as such under sub-section (6) of
section 4; (c)
"Authority"
means an Officer appointed as authority under sub-section (1) of section 4; (d)
"Form"
means form appended to these rules ; (e)
"Muster
roll" means muster roll maintained under rules; (f)
"Section"
means a section of the Act; (2)
All
other words and expressions used in these rules but not defined herein shall
have the meaning assigned to them under the Act. (1)
An
employer of every establishment shall prepare and maintain a must roll in Form
'A' and shall enter therein particulars of all the casuals, temporary and badli
workers employed it the establishment: Provided that if the Inspector is of opinion
that any register or records maintained in the establishment gives the
particulars required under this rule, he may, by order in writing direct that
such register or recorded be maintained in place of and treated as a muster
roll required to be maintained under this rule. (2)
All
entries in the must roll shall be made in ink and maintained up -to -date and
it shall always be made available, when required to do so, for inspection by
the Inspector during working hours. (1)
Every
employer shall provide a casual worker, temporary worker or a badli worker with
a work card in Form No. B in which the particulars of each worker and the days
he works in the establishment shall be entered. (2)
The
worker shall, on completion of the work for which he has engaged in the
establishment, surrender the work card to the employer. The hours of work for all classes of workers
in each shift shall be exhibited in English and in an Indian language understood
by the majority of workers, and shall be displayed on notice board at a
conspicuous place where the workers ordinarily call for work. A worker shall be eligible for one day's
leave with full wages for every thirty days of work completed. Where the employment of any worker is
terminated, the wages earned by him and other dues, if any, shall be paid
before the expiry of second working day from the day on which his employment is
terminated. (1)
The
Inspector shall be responsible for the administration of the Act and the rules
in their local limits assigned to them by the Government. (2)
Every
Inspector shall, at each inspection of an establishment, verify,- (i)
Whether
the muster roll as provided under Rule 3 is correctly maintained ; and (ii)
Whether
work card has been issued to each worker by the Management. (3)
Where
an Inspector observes any irregularity against the Act or these Rules he shall
issue a notice in writing to the employer asking the latter to rectify the
irregularities within a specified period and to report compliance to the
Inspector. (4)
The
Inspector shall report to the authority any non-compliance of the provisions in
sub-rule (3) by an employer and the authority shall three-upon take such steps
as may be necessary to insure the compliance of the said provisions by the
employer. A complaint with regand to the contravention
of Section 3 or a claim arising out of non payment of wages at the rates
referred to in the said section shall be made by a worker in Form C to such
authority as may be notified by the Government in this behalf. (1)
An
appeal against the order of are authority under rule 9 shall lie to the
appellate authority. (2)
The
aggrieved person shall prefer an appeal within 30 days from the date of the
order to the appellate authority in Form D along with supporting documents. (3)
When
an appeal is received, the appellate authority shall call from the authority
before a fixed date, the records of the case. The appellate authority shall, if
necessary, also record the statement of the aggrieved person and of the
authority and seek clarification if any required. (4)
The
appellate authority shall dispose of the appeal, by an order in writing, after
taking into account all the facts, documents and other evidence produced before
him or ascertained by him, as the case may be. Where a notice/appeal or complaint under
these rules has been submitted by a worker (casual, temporary or Badli)
entitled to receive benefit or any other amount due under the Act, in a form
other than the prescribed form, the authority concerned may, on receipt of such
notice complaint or appeal, requires the said worker to resubmit the notice or
appeal or complaint, as the case may be, in the prescribed form. Records kept under the provisions of the Act
and these Rules shall be preserved for a period of five years from the date of
their preparation.THE KERALA CASUAL, TEMPORARY AND
BADLI WORKERS (WAGES) RULES, 1993
PREAMBLE