The PUDUCHERRY LOADING AND UNLOADING (REGULATION OF EMPLOYMENT AND WELFARE) ACT, 2017
puducherry · 2017
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Puducherry Loading and Unloading (Regulation of Employment and Welfare) Act, 2017
- S. 2Section 2 defines key terms used in the Act, including "adult," "appellate authority," "contractor," and "domestic purpose."
- S. 3Section 3 allows the application of the Act to loading and unloading work related to both domestic and non-domestic purposes.
- S. 4Section 4 allows employers to conduct domestic loading and unloading work either by themselves or by hiring workers of their choice.
- S. 5Section 5 allows employers to conduct loading and unloading work, prohibiting unfair practices.
- S. 6Section 6 prohibits workers from engaging in unfair practices related to employment under the Act.
- S. 7Section 7 prohibits workers from unauthorized entry, obstruction, mischief, or damage to employer property.
- S. 8Limits workers' daily work to eight hours, except for loading/unloading work restricted for adolescents/minors.
- S. 9Section 9 limits loading and unloading workers' load to 55 kg and excludes those over 60 from being considered workers under the Act.
- S. 10Section 10 limits daily work to four hours with a half-hour rest, and mandates wage payment.
- S. 11Section mandates employers to pay loading and unloading workers wages on time, not below minimum wages.
- S. 12Section 12 ensures workers can apply to the Assistant Inspector of Labour for wage recovery if underpaid, with specified enforcement actions if unpaid.
- S. 13Section 13 allows appeals against certain section 12 orders to the Deputy Labour Commissioner within 30 days, with a final decision.
- S. 14Section mandates loading and unloading workers to register with the Puducherry Unorganised Labourers Welfare Society or a notified authority.
- S. 15Section mandates employers to register loading and unloading workers with respective Labour Officers in Puducherry regions.
- S. 16Section 16 mandates employers to maintain and produce prescribed registers for workers in loading and unloading, applying the Employee's Compensation Act to these workers.
- S. 17Section 17 applies the Employee’s Compensation Act and the Employees' State Insurance Act to workers in various establishments in Puducherry.
- S. 18Section 18 applies the Employees' State Insurance Act to loading and unloading workers in Puducherry.
- S. 19Section 19 deems loading and unloading workers as employees under the Employees’ Provident Funds Act for welfare benefits.
- S. 20Section regulates wages for loading and unloading workers, ensuring they receive notified wages and prohibits wage demands exceeding or below this amount.
- S. 21Section 21 requires workers to provide signed receipts for loading and unloading wages, which serve as conclusive evidence of acceptance.
- S. 22Section 22 designates specific labour officers as inspectors and registering officers for enforcing and regulating employment in loading and unloading sectors in Puducherry.
- S. 23Section penalizes unfair employment practices with up to six months imprisonment or fines up to ₹5,000.
- S. 24Section penalizes unauthorized entry and obstruction of work on employer's property with up to two years' imprisonment and fines from ₹1,000 to ₹10,000.
- S. 25Section penalizes obstruction or neglect of duties by inspectors under the Act with imprisonment or fines up to ₹10,000.
- S. 26Section 26 imposes imprisonment or fine for violations of the Act or related rules, with no other penalties specified.
- S. 27Section 27 allows the government to appoint labor officers to compound certain employment offenses before court proceedings, except for repeat offenses.
- S. 28Section 28 makes specified offenses under the Act cognizable and requires a police report for court proceedings.
- S. 29Section 29 allows the government to exempt certain establishments or individuals from the Act's provisions temporarily or permanently.
- S. 30Section 30 bars civil courts from jurisdiction over violations of this Act, handling them under its own provisions.
- S. 31Section 31 prevents civil courts from hearing cases against government actions under this Act.
- S. 32Section 32 allows the Government to delegate certain powers under the Act to specified officers or authorities.
- S. 33Section 33 allows the government to amend the Schedule by notification, which must then be presented to the Legislative Assembly.
- S. 34The section allows the government to issue orders to resolve Act-related difficulties, but only within two years, and requires legislative assembly review.
- S. 35Section 35 protects government servants from legal action for actions done in good faith under the Act.
- S. 36Section 36 empowers the Government to make rules for implementing the Act, including obligations of employers and workers, employment regulation, and complaint procedures.