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Section 39

Effect of laws and agreements inconsistent with this Act and Schemes:-

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39 Effect of laws and agreements inconsistent with this Act and Schemes:- The provisions of this Act and the Schemes shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award,agreement or contract of service, whether made before or after the commencement of this section. No authority other than the Government, other Board or a committee shall be entitled to make any Scheme or do any other act conferring, or purporting to confer, any benefits on headload workers. Members of Board, etc. to be public servants:- Every member of the or of a committee and every officer appointed under this Act shall be deemed to be a public servant within the meaning of S. 21 of the Indian Penal Code (Central Act 45 of 1860) Power to remove difficulties:- If any difficulty arises in giving effect to the provisions of this Act or a scheme or any settlement under this Act, the Government may, by order to anything not inconsistent with such provisions which appears to them necessary or expedient for the purpose of removing the difficulty. Protection of action taken in good faith:- No suit, prosecution or other legal prodeedings shall lie against the Government or any authority or officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any.Scheme, Rule or Order made under this Act. -j Power to make Rules:- (1) The Government may, by notificatn in the Gazette, make rules [either prospectively or retrospectively] to carry out the purposes of this Act. In particular3 and without prejudice to the generality of the foregoing power, such rules may provide for: the obligations of head load workers and employers: regulating the employment of headload workers whether registered or notand the terms and conditions of such employment which are not specifically provided in this Act; regulating, restricting or, r, o otherwise controlling the employment by any employer of headload workers not registered in his establishment; any other matter which has to be. Or may be, prescribed. Every rule made under this Act shall be laid as soon as may be after it is made before the legislative Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or annulments shall be without prejudice to the validity of anything previously done under that rule. [:! iittl tl:rswflIflI;tr;Ti1TTI ACT 8 OF 199 THE KERALA HEAOL9AD WORKERS (AMENDMENT) -ACT, 1994 An Ad to a,n:nd /ee Kerata J-JadIgad Woricers Act, 1978. ua mbIe_WHERE 198fh uambIeWHERE it is expedient amend the Kerala Headica. P '1 _ Workers' Act > 1978, for the purposes hereinafter appcartflg; a. '1 , E f ndi theForty e , f ndi theForty e a BE it eiactcd in rodoscs - '1 SYtOrt title and com,neiceinent.—(l) This Act may he called thp . Krraja HeadJoad WrkerY (Amendment) Act. 199, Ii shall conic into force at once.