Bare ActsThe Headload Workers Act 20 of 1980

Section 2

Definitions:

Amendment status not verified — confirm the current text below against the official source.

Definitions:.Pn this Act, unl4ss the cohtext otherwise requires,- (a) °adolescent" means a peron Who has completed his fifteenth year of age but has norEompleted his eighteenth year of age; adult" means a person who has completed his eighteenth year of age; 'appeUate authority" in relation to any area, means the appellate authority appointed under S. 4 for that area; [(d) "Board means a Regulatory and Welfare Board estabhshed under S. 14]; [(e) "Committee" means a Regulatory and Welfare Authority appointed under MII (f) "Concijiation Office( in relation to any area, means the Conciliation Officer - appointed under S. 3 for that area; *((g) "Contractor" in relation to an establishment, means a person who undertakes to execute any work for such establishment by engaging head load workers on hire or otherwise., or who supplies head load workers' (for the purpose of, engaging them in such establishment and includes a sub contractor and a broker, or a clearing and forwarding agent, or commission agent or mercantile agent or consignment agent or owner of a vehicle for a carriage of goods.) (h) 'dispute" means any dispute or difference between employers and employers or between employers and head load workers or between head load workers and 'flITh! workers, which is connected with the employment or non employment or the terms of employment or the conditions of employments, of any head load workers. Explanation: Where any employer discharges, dismisses, retrenches or otherwise terminates the services of, or denies employment of an individual head load worker, any dispute or difference between that head load worker and his employer connected with, or arising out of, such discharges, dismissal, retrenchment or otherwise termination or denial of employment shaD he deemed to be a dispute Substtutcd by Act 27 of 2008 pubhsbed k'. KG Lxt,Nc,17S dtd 0808,2008 notwithstanding that no other head load worker or any union of head load workers is a party to the dispute. °employer means, (I) in relation to a head load worker2 (employed or ) engaged by or through a contractor, the principal employer' rE(ii) in relation to a head load worker who is not employed or engaged by any employer or contractor, the Committee appointed under S. 18 * *[Exptanation: For the purpose of this sub clause head load worker" means a person registered as head load worker under the Scheme, and whose wages are paid by the employer or contractor through the Committee concerned]. (iii) in relation to any other head load worker, the person who has ultimate control over the affairs of the establishment in or for which the head load worker is employed and includes any other person to whom the affairs of such establishment are entrusted, whether such person is called an agent, manager or by any other name prevailing in such establishment; "establishment' means an establishment specified in the schedule and includes the precincts thereof: 3(k) "farnliy means 4(husband, wife, dependent parents, minor children, including legally adopted children) unmaftied or widowed daughters, who are dependent mentafly challenged children who are depAndent and wholly dependent unmarried sisters) (I) "funds' means a fund constituted under a Scheme; (m) 'head load worker" means [a person engaged or employed directly] or rerted by Act 27 of 2008,pubhshcd in K,G.Ext,No.1757 dt 8,8.2008 (iuse(K} Substituted by Act 13 of 2013 by NJot1n.No.10715/Leg.C2/201O/Lw Dt.5.03.20'13.PuL'lisbed in KGIE*tn.No649 dt 5.3.2013 4 Substituted Act 27 of 2008 pubflshed in K.G.No,1757 dt8.8.2008 through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trofly any article or articles in or from or to a vehicle or any place in such establishment or stacking articles excluding delicate or sophisticated articles in a vehicle or unloading by sliding using manuel labour from a mechanically propelled vehicle or a person who does in connection with the work in ports ,the works likes filling of feffihizers in sacks weighng and stiching of sacks, bundling, breaking seeks of containers,stacking and includes any person not employed by any employeror contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages, but does rjot includes a person engaged by an individual for domestic purposes. iExplanation: For the purpose of this clause, "a person engaged by an individual for domestic purposes" means any person engaged by an individual for any article for construction of a building for his own residential purpose; any article in connection with marriage or other family function in his residence or in places where marriage or other family functions are conducted; any house-hold articles including furniture in connection with the shifting of a dwelling house of a person; any article or articles for carrying out any agricultural operations in his land any articles exclusively for his personal use and not for any industrial or commercial purposes] "lnspector means an Inspector appointed under S. 5 minor" means a person who has not completed his fifteenth year of age; "principal employer" means an employer who engages a head load worker by or through a contractor in any establishment; prescribed" means prescribed by rules made under this Act; "scheme' means a scheme made under this Act; (s) wages means all temuneration, whether payable in cash or in kind which would, if the terms of employment, express or implied, were fulfilled, be payable [o a head load worker employed in an establishment or for work done in such establishment, but does not include- (I) the value ci— any house accommodation, supply of light' water or medical attendance; or any other amenity or service excluded by general or special order of the Government; or any contribution paid by the employer to any pension fund or any scheme of social insurance and the interest which may have accrued thereon; or any travelling allowance or value of any travelling concession; or any sum paid to a head load worker to defray special expenses entailed on him by the nature of his employment; or any gratuity payable on discharge; or any bonus. [CiN1it1 CONCILIATION OFFICERS, APPELLATE AUTHORITIES AND

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