Amendment status not verified — confirm the current text below against the official source.
(1) The Government may, by notification in the Official Gazette, make rules for the purpose of implementing the provisions of this Act. 157 (2) Without prejudice to the generality of the foregoing power, such rules may,— (a) prescribe the obligations of employers and workers; (b) regulate the employment which are not specifically prescribed in this Act; (c) prescribe the method of summoning witnesses, production of documents relevant to the subject matter of the investigation or inquiry before the Inspector or any other officer authorised by the Government; (d) prescribe the powers of Assistant Inspector of Labour and other officers appointed for the purpose of this Act; (e) prescribe the modalities for preferring complaint, and matters consequential thereto; (f) prescribe general guidelines for fixing notified wages; (g) prescribe the procedure connected with compounding of offences; (h) provide for any other matter which may be required for the effective implementation of the provisions of this Act. (3) 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 in which it is so laid or the session immediately following and if, 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 annulment shall be without prejudice to the validity of anything previously done under that rule. THE SCHEDULE [See section 2(r)] UNFAIR PRACTICES Prohibition of Unfair Practices in the Loading and Unloading Activities (1) Intentionally putting an employer in fear of any injury to him or any other person or damage to his goods or property for getting any work done or demanding amounts in excess of the notified wages for the loading and unloading work connected with or ancillary to the purpose specified in this Act. (2) Intimidating an employer by threat or violence to compel him to engage any person or group of persons for loading and unloading work or for paying amounts in excess of the notified wages prescribed for the work performed. (3) Demanding the right to undertake the loading and unloading work connected with or related to domestic purposes after the employer has refused to engage any worker or group of workers. 158 (4) Demanding, claiming or receiving any amount without executing any work or for the work done by others. (5) Individually or jointly making any obstruction or hindrance to the loading or unloading work and the transportation of goods and articles to be carried out in connection with or relating to or ancillary to the purposes specified in this Act. (6) Obstructing the movement of vehicles or persons carrying goods or articles and delaying the work connected with or related to the purposes specified in this Act. (7) Intentionally causing damage to the articles or vehicles or machinery or goods while carrying out the loading and unloading work. (8) Indulging in acts of threat, violence, force, using abusive languages and the like in connection with the work related to the purposes specified in this Act. (9) Indulging in work under the influence of alcohol or other intoxicants. (10) Receiving amounts in excess of the notified wages prescribed for the work or receiving any amount in any other form or manner. (11) Receiving any amount without issuing proper receipt or demand. (12) Demanding or claiming any loading and unloading work in an area where the worker has no preference to do the work. (13) Unauthorised entry into the property of an employer or any person or premises of an establishment for demanding or claiming the loading and unloading work connected with or related to the purposes specified in this Act. (14) Refusal of work by an act of victimisation; (15) By falsely implicating an employee in a criminal case on false evidence or on concocted evidence; (16) Refusal to pay wages for patently false reasons; (17) To show favoritism or partiality to one set of workers, regardless of merits. (18) Act of mischief. (19) To indulge in an Act of force or violence. (20) Paying less than the notified wages. (21) Employ women or child labour in loading and unloading operations. (22) Compel to do the work of loading or unloading more than the prescribed load limit or without permitting the worker to avail the break prescribed under the Act. 159 STATEMENT OF OBJECTS AND REASONS FOR LOADING AND UNLOADING (REGULATION OF EMPLOYMENT AND WELFARE) ACT, 2017 This legislation is intended for the protection of the rights and regulation of the duties of the workers engaged in loading and unloading and transportation of goods and articles for domestic as well as commercial purposes. On the one hand, the wages and employment of the workers involved has not been streamlined. On the other hand, these workers indulge in unfair trade practices and the same is also required to be checked. It has therefore become imperative to undertake a comprehensive legislation for regulating the employment and wages of the loading and unloading workers in addition to restricting their unfair trade practices. The Bill seeks to achieve the above objects.