The Motor Transport Workers Payment of Fair Wages Act, 23 of 1971

213 THE KERALA MOTOR TRANSPORT WORKERS PAYMENT OF FAIR WAGES ACT, 1971 (Act 23 of 1971) CONTENTS ? Preamble. Sections 1, Short utle, extent and commencement. Definitions. wewse Fair wages payable to motor tranSport workers Penalty for non~payment of fair wages. Application by motor transport workers not included in the schedule 6. Cognizance of offences. 7. Savmg of other loans. 8, Repeal and Saung. Schedule A .‘ Schedule B THE KERALA MOTOR TRANSPORT WORKERS' PAYMENT OF FAIR WAGES ACT, 1971‘ (Act 23 of 1971) An Act to provide for payment of fair rates of wages for motor transport workers in the State of Kerala and for matters incidental thereto Preamble—WHEREAS it is expedient to prowde for pay- ment of fair rates of wages for motor transport workers in the State of Kerala and for matters inc1dental thereto, BE ll enacted in the Twenty Second Year of the Republic of India as follows :— 1. Short title, extent and commencement—(ll This Act may be called the Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971. ‘Fublished m the Gazette Extraordinary No. 342, dated 3rd August, 1011. 214 (2) it extends to the whole of the State of Kerala. (3) It shall be deemed to have come into force on the first day of April, 1969. 2. Definitions—In this Act, unless the context otherWise requires,— (a) "employer" means in relation to any motor trans- port undertaking, the person who or the authority which, has the ultimate control over the affairs of the motor trans— port undertaking, and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent or by any other name, such other person; (b) "motor transport undertaking" means a motor trans- port undertaking including a private carrier engaged in carry— ing passengers or goods or both by road for hire or reward: (c) "motor transport worker" means a person who is employed in a motor transport undertaking directly or through an agency, whether for wages or not, to work in a professional capaCity on a transport vehicle or to attend to duties in con— nection With the arrival, reparture, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time keeper, watchman, or attendant, (d) "fair wages" means the rate of wages payable to the motor transport workers specified in the Schedule to this Act or the agreed rate of wages whichever 15 higher. 3. Fair wages payable to motor transport workers.— Notwrthstanding anything contained in any other law, rule, order or notification having the force of law or contract, every employer shall pay to any motor transport worker under his employment fair wages in respect of his employment, or the work done in such employment: Prowded that the arrears of fair wages payable by an employer for any period prior to the date of publication of this Act in the Gazette shall be paid before the expiry of six months after the date of such publication in not more than Six monthly instalments. 4. Penalty for non-payment of fair wages—Any employer who refuses to pay fair wages as pi'OVided in this Act to any 215 motor transport worker Without reasonable cause shall. on conviction be punishable with imprisonment for a term which may extend to Six months or With fine which may extend to five hundred rupees or With both. 5. Application by motor transport workers not included in the schedule.—(1) Any motor transport worker may, within a period of one month from the date of publication of this Act in the Gazette, make an application to the Labour Com- missmner that he has not been included in a category of the schedule. (2) On receipt of such an application the Labour Com- missmner may, after hearing the applicant and the employer and making such enquiries as he may COHSldel‘ necessary pass orders deCiding the category in which the applicant is to be included. (3) Against the orders of the Labour Commissmnei an appeal shall lie to the Government. The appeal shall be filed Within one month of the date of reCEipt of the orders of the Labour Commissmner. 6 Cognizance of oflences.—-(l) No courl shall lake cognizance of an offence under lhis Act save on complaint made by such authority as the Government may, by notifica- tion in the Gazette, specify (2) No court inferior to that of a Magistrate of the First'CIass shall try any offence under this Act. 7 Saving of other laws.——-The provisions contained in this Act shall be in addition to, and not in derogation of the proviSions contained in the Payment of Wages Act, 1036 (Central Act 4 of 1956), the Minimum Wages Act, 1948 (Central Act 11 of 1948), the Motor Transport, Workers Act, 1961 (Central Act 27 of 1961) and the Industrial Disputes Act, 1947 (Central Act 14 of 1947). 8 Repeal and Saving—(l) The Kerala Motor Trans— port Workers' Payment of Fair Wages Ordinance, 1971 (8 of 1971) is hereby repealed. (2) NotWithstanding such repeal anything done or any a'ction taken or any proceeding instituted under the said Ordi- nance shall be deemed to have been done or taken or instituted under this Act. 216 SCHEDULE A Calcgogy Deames: Home rent of P417 male allowance allawancnfor employee: all worker: R5. R5. R5. Class of Employers—I (Employers owning 5 or less than 5 vehicles) I 55—2—65—3—80—4~—100 65 5 II 65—3—80—4—100—5—125 65 5 III (A) 80—4—100—5—125—6—155 65 5 III (B) 85—4—105—5—130—6—160 65 5 IV l00—5—125—6—i55—7—190 70 5 V 125—6455—7—190—EB-10—24O 70 5 VI 140-7—175—3—215—EB—l2—275 70 5 Class of Employers—II (Employers owning more than 5 but less than 26 vehicles) I 55—2—65—3—80—4-—100 70 5 II 65—3—80—4-400-5—125 70 5 III (A)! 80—4-100—5-125—6—155 70 5 III (B) 85—4—105—5—130—6—160 70 5 IV 100—5—l25—6v155~7—190 75 5 V 125—6—155—7—190—EB—10—240 75 5 VI l40—7—l 75—8—215—EB—l2—275 75 5 Class of Employers—III (Employers owning 26 or more vehicles) I 55—2—65—3—80—4—100 75 5 II 65—3—80—4—100—5425 75 5 III (A) 80—4—100—5—125—6—155 75 5 III (B) 35—4-105—5—130—6—160 75 5 IV I00$~l2545—155—7—190 80 5 V 125-6—155—7—190—EB—10—240 80 5 VI l40—7—l75—8—215—EB—l2—275 80 5 .__...___..___‘ Norm—The Dcarness Allowance mentioned above is linked to All India Average Consumer Price Index of working class published by Labour Bureau, Simla, for April 1969 when it stood at I71, With 1960:100. For every rise or fall per point an adjustment of 75 paise would be made in it. The revision will be effective prospectively from lsi April every year on the basis ofthe average ofthe indices for the earlier 12 months [0| January to December. The Deamess Allo- wance as shown in the Schedule will not be reduced even if ‘he index figure goes below 117. 2H SCHEDULE B CLASSIFICATION OF WORKERS Category l-Unskilled Cleaner 12. Peon Helper 13. Khalasi mfloweww- Loadman 14. Liftman Porter 15. Guest Room Attendant Ramp Attendant 16. Sanitary Worker Attendant/Attender 17. Roneo Duplicator/Duplicat- Mazdoor ing Operator Hammerman 18. Sorter 9. Packer 19. Record Supplier Sweeper 20. Daftry ll. Watchman[ChowkidanGate 21. Adrema Operator Keeper/Sepoy/Armed Guard 22. Nursing Orderly Category II-Semi-skilled Mt" Conductor 22. Telephone Operator Booking, Delivery and other 23. Compounder/Diesser clerks in Goods Transport 24. Storeman :fiba Load Reporter 25. Store Assnstant Time-keeper (working at 26. Tracer places other than workshop 27. Assistant Draughtsman depots and offices) 28. Telephone Assistant Assistant Fitter 29. Assistant Cashier Assistant Electrician 30 Steno-Typist Assistant Carpenter 31 Assistant Store-keeper Assistant Blacksmith 32. Gardener ~°wmv¢mewwr999saw Assistant Welder 33. Watch and Ward Inspector Assistant Turner 34. Record Assistant Assistant Tyre-man 35. Salesman Assistant Greaser 36. Shrofl" -a_____a_a_ Assistant Battery-man 37. Security Havildar Assistant Painter 38. Assistant Fire Warder Assistant Liner 39. Record Keeper-cum-Libra- Assistant Binder nan Assistant Compositor 40. Inquiry Clerk Stitching man 41 Estimator Cutting man 42. Work Assistant Junior Clerk 43. Blue Printer . Typist Category Ill—Skilled—A Checking Supervisor 5. Senior clerk 99p? Planning Inspector 6. Stenographer Checking Inspector 7.’ Store-keeper Time-keeper in workshop 8. Advertisement Assistant offices and deposits 218 Category III—Skilled—A—(mnt.) Art Executive 13. Statistical Clerk Purchase Assistant 14 Receptionist Store Verifier 15. Binder Draughtsman 16 Fire Warden —( Category Il'l—Skilled—B Driver 17. 'l‘msmith Technical Inspector 18. Assxstant Mechanic Route Inspector 19. Plumber Pveywrppmswmeww— Tyre Examiner 20 Tinker Crane Operator 21. Liner Driving Inspector 22. Boilerman Fitter 23. Machinist Electrician 24. Pumb tender Carpenter 25. Vulcaniser Blacksmith 26. Assistant Electric Supervisor Welder 27. Overseer ______~ Turner 28. Nurse Tyreman 29. Comptist Greaser 30. Cashier Batteryman 31. Junior Assistant ; ' Painter 32. junior Accountant Category IV—Skilled Traffic Supervisor 9. Statistical Superintendent Mechanic/Head Mechanic 10. Legal Assistant WNQP+9PT Electrical Vulcaniser 1 I. Confidential Secretary to Head Painter Chainman Head Spray Painter 12. Chief Store Keeper Chief Mechanic 13. Audit Assistant Electric Supervrsor [4. Head Draughtsman Head Clerk Category V—Junior Supervisory Superintendent ofTraining 7. Purchase Supervisor wwr PublicComplaint Officer 8 Technical Supervisor ‘4' Deputy Superintendent of 9. Inspection and Claim Officer Operation 10. Medical Officer Assistant Foreman 11. Junior Accounts Officer w+ Assistant Works Superinten- 12. Advertisement Officer dent 13 Accident Officer m Store Supervisor 14. Auditor 219 Category VI Senior Supervisory — Depot Manager 9. Superintendent workshop] Superintendent ofOperation Legal Assistant 9999+9Nr Trafific Superintendent 10. Supervisor Establishment] Foreman Statistic/Labour Accountants ll. Statistical Officer Inspector ofAccounts 12. Administrativeand Personnel Internal Auditor Officer Office Superintendent l3. Technical Officer l4. Assistant Manager