The Hindu : Kerala News : House panel finds flaws in Headload Act

Online edition of India's National Newspaper
Sunday, Apr 03, 2005

Kerala

Kerala

House panel finds flaws in Headload Act

By Our Special Correspondent

THIRUVANANTHAPURAM, APRIL 2. The Assembly Committee on Subordinate Legislation has virtually turned upside down some of the provisions of the Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002 and the rules framed under it as they were found to be against the larger interests of headload workers.

The committee came down heavily on one of the most important provisions in the Act relating to suo mottu police intervention in a headload dispute. The Government had brought in the legislation in 2002 with several path-breaking provisions as a confidence-building measure for investors. It had also been projected prominently at the Global Investor Meet as the Government's will to push for industrial investment.

Addressing a press conference here on Wednesday, the panel chairman, T. V. Chandramohan, and other members said the committee had recommended deletion of the provision in the Act giving powers to the police to intervene suo mottu in a dispute. It also wanted the Government to come out with detailed rules related to the police exercise of powers while intervening in a labour dispute.

Advisory panel

The committee suggested setting up of an advisory committee comprising representatives of workers, the Headload Workers Welfare Fund Board, Labour Department and the police in order to find timely solutions to disputes through consensus and discussions.

It expressed displeasure over the Government's delay in appointing district advisory committees as laid down by the Act and the rules in order to decide on the issue of notified wages. It wanted the Government to delete powers given to itself with regard to the fixing of notified wages as this went against the grain of the legislation.

Mr. Chandramohan said the committee had studied in detail the functioning of the Headload Workers Act, 1978 and the welfare schemes formulated for various categories such as attached and scattered workers.

Clarification

The committee wanted the Government to bring in more clarity in the definition of domestic and non-domestic purposes listed out in the Act. It said it wanted such a clarification in order to prevent the misuse of the protection given to headload workers for domestic purpose.

The committee pointed out to the tendency to deny the lawful rights of approved headload workers by misusing several provisions contained in the 2002 legislation. In its report relating to the powers of the police, the committee, while accepting that the legislation cannot be branded as anti-worker just because certain powers were given to the police, registered its apprehension that the "Open Policy" laid out in the legislation might have an adverse impact on the workers' interest owing to misuse of powers by police officers seeking pecuniary gains.

The committee wanted the Government to take immediate action to recover overdues from employers towards their contributions to the welfare fund scheme. It also recommended a few changes to the welfare schemes for headload workers, particularly the one relating to payment of family pension to minor girls.

Printer friendly page
Send this article to Friends by E-Mail

Kerala