[1]THE
KERALA LOADING AND UNLOADING (REGULATION OF WAGES AND RESTRICTION OF
UNLAWFUL PRACTICES) RULES, 2002 In exercise of the powers
conferred by section 25 of the Kerala Loading and Unloading (Regulation of
Wages and Restriction of Unlawful Practices) Act, 2002 (10 of 2002), the
Government of Kerala hereby make the following rules, namely: (1)
These rules may be called the Kerala Loading and Unloading
(Regulation of Wages and Restriction of Unlawful Practices) Rules, 2002. (2)
They shall come into force at once.[2] In these rules, unless the
context otherwise requires. (a)
"Act" means the Kerala Loading and Unloading (Regulation
of Wages and Restriction of Unlawful Practices) Act, 2002. (b)
"appropriate authority" means the appropriate authority
appointed under section 17 of the Act for compounding the offences committed
under the Act; (c)
"authorized officer" means an officer of the Labor
Department not below the rank of an Assistant Labor Officer (Grade II)
authorized by the Government under the proviso to sub-section (1) of section 8
of the Act; (d)
"District Advisory Committee" means the committee constituted
by the Government under rule 3; (e)
"form" means the forms appended to these rules; (f)
"section" means a section of the Act; (g)
All other words and expressions used herein and not defined in the
rule shall have the meaning respectively assigned to them under the Act. (1)
The Government may by notification in the Gazette constitute and
Advisory Committee for each district to advise the Government on fixing of
wages for loading and unloading activities for each area comprising a taluk or
town or other location in that district, under the Act. (2)
The District Advisory Committee shall consist of a chairman, a
convenor and fifteen other members, five representing trade unions, five
representing employers and five independent members to be nominated by the
Government. (3)
The District Collector shall be the Chairman and the District
Labor Officer shall be the Convenor of the District Advisory Committee. (4)
The wages notified by Government shall be prominently exhibited in
appropriate places wherever necessary-for the information of the general
public. (5)
In exercise of the powers and the discharge of its functions, the
Committee shall be bound by such directions as the Government may give to it
from time to time. (1)
The District Advisory Committee shall after necessary inquiry it
deems lit and after taking into consideration the wages already fixed under
section 9 of the Kerala Headload Workers Act, 1978 read with sub-rule(d) of
rule 2 of the Kerala Headload Workers Rules, 1981 for that area recommend the
rate of wages for all the times normally loaded or unloaded and forwarded a
copy of the said wage rates together with their report setting forth the
reasons therefore to the Labor Commissioner. (2)
The Labor Commissioner shall consolidate the reports received from
the District Advisory Committee and forward to the Government together with his
specific suggestions on prescribing the notified wages under section 8 of the
Act. (3)
In the event of any District Advisory Committee not furnishing the
report under sub-rule (1) within the time limit, if any, prescribed for any
reason whatsoever, the Labor Commissioner shall forward to Government his
recommendations regarding rate of wages to be fixed for each area comprising a
taluk or town or other location of that district. (4)
Notwithstanding anything contained in the foregoing provisions of
this rule, the Government may adopt its own procedure in prescribing the
notified wages under section 8 of the Act. (1)
If the notified wages in respect of any goods or articles
including machinery have not been fixed by the Government, Government may by
themselves or the authorized officer may, after necessary inquiry fix the wages
subject to the following general guidelines specified hereunder. (2)
Before fixing the wages for a particular loading or unloading
work, the authorized officer shall invariably visit the place or establishment
where the proposed work has to be executed and ascertain,- (i)
the quantity or size of the goods or articles to be loaded or
unloaded; (ii)
the distance to or from the loading and unloading work to be
carried out; (iii)
the number of workers and time required for the proposed work; (iv)
skill or effort to be utilized for carrying out the proposed work; (v)
the time and place of work (vi)
equipment or machinery to be used for the work and risk involved
in the work. (3)
The authorized officer who fix the wages under this rule shall
issue a written order to the parties concerned. (4)
The decision of the authorized officer under sub-rule (3) shall,
subject to the decision of the appellate authority under sub-rule (6), be
binding on all parties: Provided that the loading and
unloading work shall be carried out without any interruption in accordance with
the order of the authorized officer under sub-rule (3). (5)
Any person aggrieved on the decision of the authorized officer,
may prefer an appeal to the District Labor Officer of the district concerned
within fifteen days from the date of the order of the authorized officer issued
under sub-rule (3) with a copy of the order. (6)
The appellate authority after hearing both the parties shall
decide the appeal. The decision of the appellate authority shall be final and
binding on all parties. The receipt to be given by every
worker under section 9 of the Act shall be in Form No. I appended to these
rules. (1)
The appropriate authority shall maintain a Register of Compounding
of Offences in Form No. II. (2)
The Assistant Labor Officers who are notified as Labor Inspectors
under the Act shall maintain a Register of FIR and Report in Form No. III. (3)
The entries in any register or record, which an officer is,
required to maintain under these rules shall be made on the same day itself. Where a headload worker
registered under the Kerala Headload Workers Act, 1978 or a worker not
registered under the Kerala Headload Workers Act. 1978 has been convicted by a
Court of law for an offence under the Act, the Inspector who had prosecuted him
shall send a report in this behalf in Form No. IV to the Labor Inspector of the
area concerned within fifteen days from the death of such conviction. As soon
as the report of the Inspector is received, the Labor Inspector shall take
necessary steps for disqualifying the worker under section 16 of the Act. (1)
Any offender who desires to compound the offence under section 17
of the Act may submit an application for compounding the offence to the
Inspector concerned. The Inspector on receipt of such application shall forward
the same to the appropriate authority with his remarks. (2)
The appropriate authority shall compound the offence after hearing
the parties concerned. (3)
The appropriate authority shall issue a detailed order explaining
the facts and circumstances of the case and the reasons for arriving at such a
decision. (4)
The appropriate authority shall remit the amount collected towards
compounding of offence to the Government Treasury on the next working day cost
of damages assessed and collected by the appropriate authority, if any, shall
be paid to the complainant against proper receipt, for which the appropriate
authority shall present a refund bill in the Treasury. The details regarding
compounding of offences shall be recorded by the appropriate authority in
Register of Compounding of Offences in Form No. II (5)
A copy of the order shall be issued to the concerned persons and
two other copies shall be forwarded to the Inspector who referred the case for
compounding.THE
KERALA LOADING AND UNLOADING (REGULATION OF WAGES AND
RESTRICTION OF UNLAWFUL PRACTICES) RULES, 2002
PREAMBLE