Section 7
pm. and 7 a,m except when work is being carried on in such establishment;
7 pm. and 7 a,m except when work is being carried on in such establishment;
examine any person found in any such establishment, if he has reaspnable cause to believe that such person is a head load worker employed therein or to whom work is given there from;
require any person giving any work to a head load worker or a group of Head load workers to give any information, which is in his power to give, in respect of the name and address of each of the person to whom the work is given and in respect of
payments made or to be made for the said work,
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seize or take copies of such registers, records of wages or noUces or portions thereof, as he may consider relevant in respect of an offence under this Act or any scheme or rule made there under, which he has reason to believe has been committed by
an employer; and
exercise such other powers as may be irescribed.
Every employer shall afford an Inspector aU reasonable facillUes for rnaking an entry, inspection, c·xamination or enquiry under this Act.
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HOURS AND LIMITATIONS OF EMPLOYMENT AND WAGES
Hours of work:-save as otherwise expressly provided in this Act, no adult Head load worker shall be required to work for more than eight hours in any day and no adolescent or mino,r head load worker shall be required to work for more than six hours in any day:
Provided that nothing contained in this section shall be deemed to prohibit an agreement between the employer and the head load workers for working for less than eight hours or six 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 prevaUing in the locality under which the head load worker is required to work for less than eight hours or six hours, as the case may be.
L limitation of Employment:-
No head load worker shall be required to carry on his head or person at a time any article or articles weighing more than seventy-five kilograms.
Notwithstanding anything contained in this Act, no person who is more than
sixty years of age shall be entitled to the benefits conferred on a head load worker under this Act.
Daily intervals for rest - The period of work on each day shall be so fixed that no period shall exceed three hours of continuous work and no head load worker shall work for more than three hours cotinuously before he had an interval for rest for at least half an hour.
Wages Payable to Head load workers.- Evcty employer shall pay to any head load worker employed by him such wages as may be prescribed; and different wages may he prescribed for, r, d different e.siab]ishments and for kinds of work.5([rovided that eveiy head load worker shall give a signed receipt to the employer in token of the amount received towards wages)
Wages for work between 7 P.M. and 7 A.M. Where a head load worker is required by an employer to work at time between 7 p.m. and 7 am. he shall be paid for such work one and a half times the wages payable to him under S.9:
Provided that nothing in this section shall apply to head load workers working in bus stands, boat jetties, landing places of country crafts and such other places as may be specified by the Government in this behali
Enforcement of payment of wages:-(1) If any employer pays less than the wages due to a head load worker or refuses to pay such wages, the head load worker or an official of the union of which he is a member may make an application to the Conciliation officer for a direction under sub-s.(2)
On receipt of an application under subts,(1)the Conciliation Officer shall, after giving the applicant and the employer an opportunity of being heard and after such inquiry, if any, which he may consider necessary, direct:-
Proviso to sectionS addS by 10 27 of 2008. PubPsheo in K,G.Ext,No.1757 dt 8.8.2005
in the case of a claim arising out of the payment less than the wages, the Payment of wages due to the head load worker of the amount by which the wages payable to him exceeds the amount actuafly paid by the employer;
in the case of a claim arising out of non payment of less than the wages, the payment of wages due to the head load worker.
If, as a result of a direction under sub-s(2), any amount of the wages becomes payable to a head load worker, the Conciliation Officer shall, if the amount is not paid in accordance with his direction, make a report to the Collector specifying the full particulars regarding the amount of the wages due to the head load worker, and on receipt of such report the Collector shall proceed to recover the same from the employer as if it were an arrear of public revenue due on land.
Explanation - In this sub-section and S.36, "Collector" means the District Collector or any other officer appointed by the Government to exercise the powers and perform the function of a Collector under the Kerala Revenue Recovery Act, 1968 05 of 1968).
Appeal - (1) Against any order passed by a Conciliation Officer under S. 11
an appeal shall lie to the appellate authority within a period of thirty days from the date of the order appealed against and the decision of the appellate authority on such appeal shall be final:
Provided that the appellate authority may admit an appeal presented after the expiration of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not presenting the appeal within that period.
Provided that the appellate authority may admit an appeal presented after the expiration of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not presenting the appeal within that period.
The appellate authority shall have no power to stay the operation of the order of the Conciliation Officer pending disposal of the appeal, except for good and sufficient reasons to be recorded in writing.
CHAPTER IV
SCHEMES
13, Scheme - (1) The Government may, by notification in the Gazette, make one or more scheme or schemes for any employment or group of employments in one or more area or areas specified in the notification, and by similar notification add to amend or vary any such scheme or substitute another scheme for any such scheme.
Provided, that no such notification shall come into force unless a draft therefore is published in the Gazette and unless it is finalized after considering objections and suggestions received within one month of the publication of such draft in the Gazette.
Subject to the provisions of this Act and the rules made there under, a scheme made under sub-s. (1) may provide for all or any of the following matters, namely:
for the welfare of head load workers;
for health and safety measures for head load workers;