[ 1185 ]

Registered with the Registrar

of Newspapers for India under

No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority

` 8-00

Prix : ` 8-00

Price :

` 8-00







2017 }

|

29 {

No. 65

Poudouchéry

Mercredi

Novembre

2017

No.

Puducherry

Wednesday

29th

November

2017

( 8 Agrahayana 1939 )

Registered No.

SSP/PY/44/2015-17

WPP No. TN/PMG(CCR)/

WPP-88/2015-17

Dated : 29-11-2017

Price : ` 8-00

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 110/Leg./2017-LD.

Puducherry, the 27th November 2017.

The following Act of the Legislative Assembly, Puducherry received the

assent of the President of India on the 12th day of November, 2017 and is

hereby published for general information.

N. MURUGAVEL,

Under Secretary to Government (Law).

1186

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY LOADING AND UNLOADING

(REGULATION OF EMPLOYMENT AND WELFARE)

ACT, 2017

(Act No. 10 of 2017)

(12-11-2017)

ACT

to regulate the employment and wages of loading and

unloading workers and to restrict unfair

practices connected with loading and unloading

and transporting of goods and articles and for

matters connected therewith.

BE it enacted by the Legislative Assembly of

Puducherry in the Sixty-eighth year of the Republic of

India as follows:—

CHAPTER–I

PRELIMINARY

1. (1) This Act may be called the Puducherry

Loading and Unloading (Regulation of Employment and

Welfare) Act, 2017.

(2) It extends to the whole of the Union territory

of Puducherry.

(3) It shall come into force at once.

2. In this Act, unless the context otherwise

requires,–

(a) “adult” means a person who has completed

eighteen years of age;

(b) “appellate authority” means the Appellate

Authority appointed under section 13;

unloading workers, means a person who undertakes

to execute any work for an establishment or an

Short

title,

extent

and

commencement.

Definitions.

1187

PART–II]

LA GAZETTE DE L'ETAT

individual by engaging such workers on hire

or otherwise, or who supplies such worker either

in groups, or as individuals, and includes

a sub-contractor, an agent;

(d) “domestic purpose” means,-

(i) shifting, including the transportation of

furniture, personal effects and other household

articles for domestic use; or

(ii) work in connection with the shifting of

the articles of a dwelling house of a person

including work at religious or social or public

functions; or

(iii) cutting,

removal,

shifting

and

transportation of trees and wood for personal

use; or

(iv) construction, repairing and maintenance

house

including

the

shifting

and

transportation of construction materials,

equipments, machinery for personal use; or

(v) dismantling, demolition and shifting of

old building materials or equipments other than

those covered by the non-domestic purpose

and including its transportation; or

(vi) shifting and transportation of animals for

personal use; or

(vii) shifting and transportation of materials

including agricultural products, raw materials,

agricultural inputs, equipment or agricultural

machinery relating to agricultural operations.

Explanation:- For the purpose of this

sub-clause, “agricultural operation” does

not include any activity carried on in a

plantation as defined in clause (f) of section 2

of the Plantations Labour Act, 1951; or

Central

Act 69

of 1951.

1188

LA GAZETTE DE L'ETAT

[PART–II

(viii) such other work or activity or process

which the Government may, by notification in

the Official Gazette, specify to be domestic

purpose;

(e) “employer” in relation to any loading and

unloading workers engaged in an establishment by

or through contractor, means the principal

employer and in relation to any other loading and

unloading worker, the person who has ultimate

control over the affairs of the establishment, and

includes any other person to whom the affairs of

such establishment are entrusted;

(f) “establishment” means any place or

premises, including the precincts thereof, in which

or in any part of which the loading and unloading

employment is being or is ordinarily carried on;

(g) “Government” means the Administrator of

the Union territory of Puducherry appointed

under Article 239 of the Constitution;

(h) ”Inspector” means an Inspector appointed

under sub-section (1) of section 22;

(i) ”loading and unloading work” means loading

and unloading or carrying on head or person or

in a trolley any articles or goods in or from or to

a vehicle or any place and includes any other work

carried out for the transportation or movement of

such articles or goods in or from or to a vehicle

or any place and includes any other work carried

out for the transportation or movement of such

articles or goods from one place to another;

(j) ”minor” means a person who has not

attained the age of eighteen years;

(k) ”mischief” means the mischief as defined

in section 425 of the Indian Penal Code, 1860;

Central

Act 45

of 1860.

1189

PART–II]

LA GAZETTE DE L'ETAT

(l) ”non-domestic purposes” means,-

(i) industrial, agricultural or commercial

purposes; other than those covered by

domestic purposes; or

(ii) construction,

maintenance

and

dismantling of all types of buildings other than

those covered by domestic purposes, dams,

bridges, tunnels, sub-ways and roads including

all infrastructural projects; or

(iii) shifting and transportation of construction

materials, equipments or machinery for purposes

other than personal use; or

(iv) cutting,

removal,

shifting

and

transportation of trees and wood for industrial

and commercial purposes; or

(v) shifting, including the transportation of any

goods or articles which are used for industrial,

agricultural or commercial purposes; or

(vi) installation, erection and dismantling of

any electrical, electromagnetic or other

sophisticated machinery of any nature and

includes the laying of cables; or

(vii) installation, erection and dismantling of

office equipments including the shifting and

transportation of stationery and furniture items; or

(viii) shifting and transportation of any

animals for industrial or commercial purposes; or

(ix) shifting and transportation of any

materials which are mechanically loaded or

unloaded with equipments or machinery like

cranes, tippers or earth removers; or

(x) such other work or activity or process which

the Government may, by notification in the Official

Gazette, specify to be non-domestic purpose;

(m) “notified wages” means all remuneration

payable in cash or in kind including digital

payments mode if any, which the Government may

fix under section 20;

1190

LA GAZETTE DE L'ETAT

[PART–II

(n) “prescribed” means prescribed by rules

made under this Act;

(o) “principal employer” means an employer

who engages loading and unloading workers by

himself or through a contractor;

(p) “Registering Officer” means the Registering

Officer appointed under sub-section (1) of section 22;

(q) “Trade Union” means the trade union

registered under the Trade Unions Act, 1926;

(r) “unfair practices” means any of the

practices as set out in the Schedule to this Act;

(s) “wages” means all remunerations, expressed

in terms of money or capable of being so expressed

which would if, the terms of contract of employment,

express or implied were fulfilled, be payable to a

loading and unloading worker in respect of work done;

(t) “worker” means a person who is engaged

or to be engaged directly or through any agency,

or otherwise offering his services for the purposes

of doing any loading and unloading work and

includes any person not employed by any

employer or a contractor, but, working with the

permission of or under agreement with the

employer or contractor but does not include the

members of an employer’s family or the worker or

employee covered by the Factories Act, 1948 or

the Plantations Labour Act, 1951 or the Puducherry

Shops and Establishments Act, 1964 in force in

this Union territory;

3. The provisions of this Act shall apply to any

loading and unloading work or activity or process

which is connected with, or related to, or ancillary to;

(a) domestic purpose, and

(b) non-domestic purpose, as specified in

this Act.

Central

Act 16

of 1926.

Central

Act 63

of 1948.

Central

Act 69

of 1951.

Act 9

of 1964.

Application

of the Act.

1191

PART–II]

LA GAZETTE DE L'ETAT

CHAPTER–II

RIGHT TO FREEDOM OF EMPLOYMENT AND

PROTECTION TO PROPERTY

4. An employer shall have the right to carryout

loading and unloading work for domestic purpose by

himself or by employing the workers of his own choice.

5. An employer shall have the right to carryout

loading and unloading work for non-domestic purposes

either by himself or by employing the workers of his

own choice.

6. No worker shall individually or jointly commit

any unfair practice in connection with, or relating to,

or ancillary to the purposes covered by or under this Act.

7. No worker shall make any unauthorised entry

into the property of an employer or other person and

create any obstruction or hindrance to the work or

activity or process to be carried out or commit any

mischief or destruction or damage to the land or

property of the employer or any other person whether

or not such Act constitutes an offence under any other

law for the time being in force.

CHAPTER–III

HOURS AND LIMITATIONS OF EMPLOYMENT AND

WAGES

8. Save as otherwise expressly provided in this

Act, no worker shall be required to work for more than

eight hours in any day and no adolescent or minor

worker shall be required to do the work of loading and

unloading:

Provided that nothing contained in this section

shall be deemed to prohibit an agreement between the

employer and the workers for working less than eight

hours, as the case may be, on any particular day or days

Right to

employ workers

of one’s own

choice.

Employment

of workers

for

non-domestic

purposes.

Prohibition

of unfair

Practices.

Prohibition

of entry into

property.

Hours of

work.

1192

LA GAZETTE DE L'ETAT

[PART–II

or on all days of employment or to affect any custom

or practice prevailing in the locality under which the

loading and unloading worker is required to work for

less than eight hours, as the case may be.

9. (1) No loading and unloading worker shall be

required to carry load of any article or load weighing

more than fifty-five kilograms, at a time.

(2) Notwithstanding anything contained in any

law for the time being in force, no person who is above

the age of sixty years shall be deemed to be a worker

for the purposes of this Act.

10. The period of work on each day shall be so

fixed that no period shall exceed four hours of

continuous work and no worker shall work for more than

four hours continuously before he had an interval for

rest for at least half an hour.

11. Every employer or contractor shall pay wages

to a loading and unloading worker employed or engaged

by him on the due date, as may be prescribed:

Provided that the wages payable to any worker

shall not be lower than the minimum wages prescribed

under the Minimum Wages Act, 1948.

12. (1) If, any employer pays less than the notified

wages due to a loading and unloading worker or refuses

to pay such wages, the loading and unloading worker

or an official of the union of which he is a member may

make an application to the Assistant Inspector of

Labour for a direction under sub-section (2) hereunder

within 6 months from such less payment or refusal:

Provided that the application may be entertained

after the expiry of the said period of six months, if,

sufficient cause is shown by the applicant.

Limitation

Employment.

Daily

intervals for

rest.

Obligation

of employer

to pay

wages.

Enforcement

of payment

of wages.

Central

Act 11

of 1948.

1193

PART–II]

LA GAZETTE DE L'ETAT

(2) On receipt of an application under

sub-section (1), the Assistant Inspector of Labour shall,

after giving the applicant and the employer an

opportunity of being heard and after such inquiry, if any,

which he may consider necessary, direct:-

(a) in the case of a claim arising out of the

payment of less than the notified wages, the

payment to the loading and unloading worker of

the amount by which the wages payable to him

exceeds the amount actually paid by the employer;

(b) in the case of a claim arising out of

non-payment of notified wages payable to the

loading and unloading worker for payment of the

notified wages;

(3) If, as a result of a direction under sub-section (2),

any amount of the wages becomes payable to a loading

and unloading worker, the Assistant Inspector of

Labour shall, if, the amount is not paid in accordance

with his direction, make a report within 30 days from

the date of receipt of application to the Labour Officer

(Enforcement), Puducherry for Puducherry, Mahe and

Yanam regions and the Labour Officer, Karaikal for

Karaikal region specifying the full particulars regarding

the amount of the wages due to the loading and

unloading worker and on receipt of such report, the

said authorities shall hear and decide all claims arising

out of deductions from wages or delay in payment of

wages of the persons employed, within 60 days from

the date of receipt of such report:

Provided the aforesaid time limit of 30 days and

60 days may be extended to such period not exceeding

the duration of original period for reasons to be

recorded in writing.

13. An appeal shall lie against any order passed

under sub-section (2) and sub-section (3) of section 12,

to the Deputy Labour Commissioner, who is the

Appeal.

1194

LA GAZETTE DE L'ETAT

[PART–II

Appellate Authority, within a period of thirty days from

the date of the order appealed against and the decision

of the Appellate Authority on such appeal shall be final:

Provided that the Appellate Authority may admit

an appeal presented after the expiration of the said

period of thirty days if, it is satisfied that the appellant

had sufficient cause for not presenting the appeal within

that period.

CHAPTER–IV

REGISTRATION OF LOADING AND UNLOADING

WORKERS, EMPLOYERS AND MAINTENANCE OF

RECORDS

14. Every loading and unloading worker shall

Labourers Welfare Society or any other authority

notified by the Government in such manner as may be

prescribed.

15. Every employer or contractor who employ or

engage in or for an establishment any loading and

unloading worker for the non-domestic purposes

regularly, shall register their names with the Labour Officer

(Enforcement), Puducherry for Puducherry, Mahe and

Yanam regions and Labour Officer, Karaikal, for Karaikal

region by paying such fees and in such manner as may

be prescribed.

16. (1) Every employer or contractor who employs

or engages workers for non-domestic purposes regularly

shall maintain such registers and records in such form

as may be prescribed by the Government.

(2) The registers and records referred to in

sub-section (1) shall contain such particulars as may

be prescribed.

(3) The employer or contractor shall produce

the registers and records referred to in sub-section (1)

for inspection when so required before such authority

or officer as may be prescribed.

Registration of

loading and

unloading

worker.

Registration

of employers.

Maintenance

of registers

and records

of employers.

1195

PART–II]

LA GAZETTE DE L'ETAT

CHAPTER–V

EMPLOYEES’ COMPENSATION, INSURANCE,

PROVIDENT FUNDS, ETC.

17. The provisions of the Employee’s Compensation

Act, 1923 and the rules made thereunder shall apply to

the workers employed in any establishment, firm,

shops, catering establishments, godowns, markets, rice

and dhal mills, theaters, etc., and for that purpose, they

shall be deemed to be an ‘employee’ within the meaning

of that Act.

18. The provisions of the Employees’ State

Insurance Act, 1948 and the rules made thereunder shall

apply to the loading and unloading workers engaged in

non-domestic purpose regularly in any establishment,

shops, markets, etc., and for that purpose, they shall

be deemed to be employees within the meaning of that Act.

19. The loading and unloading workers engaged

in any establishment shall be deemed to be an employee

within the meaning of the Employees’ Provident

Funds and Miscellaneous Provisions Act, 1952

provided that the provisions of that Act applies to

such establishment.

CHAPTER-VI

NOTIFIED WAGES

20. (1) The Government may regulate the wages

payable to the workers under this Act in the manner

prescribed by notifying in the Official Gazette and the

rate of wages so notified may be different for different

areas:

Provided that if, the notified wages in respect of

any goods or article including machinery have not been

prescribed by the Government, the Government or the

officers specifically authorised by the Government in

Application

of Employee's

Compensation

Act, 1923 to

loading and

unloading

workers.

Application

of Employees'

State

Insurance

Act,1948.

Application

Employees

Provident

Funds and

Miscellaneous

Provisions

Act, 1952.

Central

Act 8

1923.

Central

Act 34

1948.

Notified

wages.

Central

Act 19

1952.

1196

LA GAZETTE DE L'ETAT

[PART–II

that behalf may, after necessary inquiry and subject to

the general guidelines as may be prescribed, fix the

wages on the spot in respect of any loading and

unloading work and the wages so fixed shall be deemed

to be the notified wages.

(2) No worker employed or engaged in the

loading and unloading work connected with or related

to the purposes specified in this Act shall demand

wages in excess of the notified wages by threat or

compulsion or any other mode which may constitute an

offence under any law for the time being in force.

(3) No employer shall engage any worker for

loading or unloading work connected with or related to

the purposes specified in this Act for the wages less

than the notified wages.

21. Every worker who had received an amount for

the loading and unloading work connected with or

related to the purpose of this Act shall give a signed

receipt to the employer or the person who has engaged

or employed him as the case may be, soon after its

receipt and the receipts so given shall be conclusive

evidence that he has accepted the amount mentioned

therein towards wages.

CHAPTER–VII

APPOINTMENT AND POWERS OF REGISTERING

OFFICER AND LABOUR INSPECTORS

22. (1) (a) The Assistant Inspectors of Labour,

Office of the Labour Officer (Enforcement) for

Puducherry region, Assistant Inspectors of Labour,

Office of the Labour Officer, Karaikal for Karaikal

region, Assistant Inspector of Labour, Mahe and Yanam

their

respective

regions,

Labour

Officer

(Enforcement), Puducherry for Puducherry, Yanam and

Mahe regions and the Labour Officer, Karaikal for

Karaikal region shall act as Inspectors for the purpose

of this Act.

Acknowledgment

for the receipt

of amount.

Appointment

and powers

of Registering

Officer and

Labour

Inspectors.

1197

PART–II]

LA GAZETTE DE L'ETAT

(b) The Labour Officer, Puducherry Unorganised

Labourers Welfare Society, Puducherry shall be the

Registering Officer for registration of loading and

unloading workers and the Labour Officer (Enforcement),

Puducherry for Puducherry, Mahe and Yanam regions

and Labour Officer, Karaikal, for Karaikal region shall

be the Registering Officers for registration of employers.

(2) An Inspector appointed under sub-section (1)

may for the purpose of ascertaining whether any of the

provisions of this Act has been violated or not and to

prevent the commission of an offence,-

(a) either suo moto or on a written complaint

made in this behalf by an employer or any person

aggrieved, enter any establishment or any

premises connected therewith or any place at any

reasonable time and with such assistance as he

thinks necessary for the inspection, examination

or enquiry with regard to such violations or

apprehended violations;

(b) require an employer or any worker or any

person to furnish such information as he may

consider necessary;

book, register or other documents maintained in

relation to the work carried out;

(d) exercise such other powers as may be

prescribed.

(3) Every Inspector or the Registering Officers

appointed under sub-section (1) shall be deemed to be

a public servant within the meaning of section 21 of the

Indian Penal Code, 1860.

(4) Any person required to produce any

document or thing or to give any information to an

Inspector under this section shall be legally bound to

do so within the meaning of sections 175 and 176 of

the Indian Penal Code, 1860.

Central

Act 45

of 1860.

Central

Act 45

of 1860.

1198

LA GAZETTE DE L'ETAT

[PART–II

CHAPTER–VIII

PENALTIES AND PROCEDURE

23. Whoever commits any unfair practices other

than item 13 of the Schedule shall be punishable with

imprisonment for a term which may extend to six months

or with fine which shall not be less than one thousand

rupees and which may extend to five thousand rupees

or with both.

24. Whoever commits any unauthorised entry

into the property of an employer or any other person

and creates any obstruction or hindrance to the work

or activity or process to be carried out or commits any

mischief or destruction or damage to the land or

property of the employer or any person, shall be

punishable with imprisonment which may extend to two

years or with fine which shall not be less than one

thousand rupees and which may extend to ten thousand

rupees or with both.

25. Whoever obstructs any Inspector or any other

officer appointed under this Act in the discharge of his

duties or refuses or willfully neglects to afford him

reasonable facilities for making any entry, inspection,

examinations or enquiry authorised by or under this Act,

shall be punishable with imprisonment for a term which

may extend to two years or with fine which shall not be

less than one thousand rupees and which may extend

to ten thousand rupees or with both.

26. Any person who contravenes any of the

provisions of this Act or of any rule or order made

thereunder shall, if, no other penalty is provided for such

contravention by this Act, be punishable with

imprisonment for a term which may extend to three

months or with fine which may extend to two thousand

rupees or with both.

27. (1) The Government may, by notification in the

Official Gazette, appoint officers of the Labour

Department of and above the rank of Labour Officer as

Appropriate Authority for compounding the offences

Penalty for

committing

unfair

practices.

Penalty for

obstruction

and damage.

Penalty for

obstruction

of duties.

General

provisions for

punishment

of other

offences.

Compounding

of offences.

1199

PART–II]

LA GAZETTE DE L'ETAT

committed under this Act, before their cognisance by

the Court, on payment of a sum which may not be less

than the minimum of the fine stipulated for such offence

but, may extend to the maximum of the fine stipulated

for such offence and may also include the cost of

damage suffered by the complainant, by way of

composition of the offence which such person is

suspected to have committed:

Provided that no such compounding shall be

permitted in the case of second and subsequent

offences.

(2) On payment of such sum to the

Appropriate Authority under sub-section (1), the

offender, if, in custody shall be released and no further

proceeding shall be taken for such offence.

28. (1) Notwithstanding anything contained in

the Code of Criminal Procedure, 1973, the offences

punishable under sections 23, 24 and 25 of this Act shall

be deemed to be cognisable offence within the meaning

of that Code.

(2) No Court shall take cognisance of the

offences referred to in sub-section (1) except upon a

Police Report as provided in the Code of Criminal

Procedure, 1973.

29. The Government may by notification exempt

either permanently or for any specified period any

establishment or class of establishments or person or

class of persons from all or any other provisions of this

Act, subject to such conditions as the Government

deems fit.

CHAPTER–IX

MISCELLANEOUS

30. Notwithstanding anything contained in any

other law for the time being in force, the violation of

any of the provisions of this Act shall not constitute a

dispute as defined in any other law and any such

violation shall be dealt with in accordance with the

provisions of this Act and rules made thereunder.

Certain

offences to be

cognizable.

Central

Act 2

of 1974.

Central

Act 2

of 1974.

Exemptions.

Violation of

the provisions

of this Act not

to attract

other

enactments.

1200

LA GAZETTE DE L'ETAT

[PART–II

31. No Civil Court shall have jurisdiction to

entertain any suit or proceedings in respect of anything

done, any action taken or order or direction issued by

the Government or any other authority or officer in

pursuance of any power conferred by or in relation to

its functions under this Act.

32. The Government may, by notification in the

Official Gazette, direct that any power exercisable by

them under this Act or the rules made thereunder (other

than the powers conferred by this section 33, 34 and 36)

shall in relation to such matters and subject to such

conditions, if any, as may be specified in the

notification, shall be exercised also by such officer or

authority subordinate to the Government, as may be

specified in the notification.

33. (1) The Government may, if, it is of the opinion

that it is expedient or necessary so to do in the interest

of public, by notification in the Official Gazette, add to

or alter or amend the Schedule and on any such

notification being issued, the Schedule shall be deemed

to have been amended accordingly.

(2) Every such notification, shall, as soon

as may be after it is issued, be laid before the

Legislative Assembly.

34. (1) If, any difficulty arises in giving effect to

the provisions of this Act, or the rules made thereunder,

the Government may, by order, do anything, not

inconsistent with the provisions of this Act which

appears to them to be necessary or expedient for the

purpose of removing the difficulty:

Provided that no such order shall be passed after

two years from the date of commencement of this Act.

(2) Every order made under this section, shall,

as soon as may be after it is made, be laid before the

Legislative Assembly.

Bar of

jurisdiction of

Civil Courts.

Delegation

of power.

Power to

amend the

Schedule.

Power to

remove

difficulties.

1201

PART–II]

LA GAZETTE DE L'ETAT

35. No suit, prosecution or other legal proceeding

shall lie against the Government servant or any

authority or officer in respect of anything which is

done or intended to be done in good faith in pursuance

of this Act or any rule or order made under this Act.

36. (1) The Government may, by notification in the

Official Gazette, make rules for the purpose of

implementing the provisions of this Act.

(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;

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

Protection

of action

taken in

good faith.

Power to

make rules.

1202

LA GAZETTE DE L'ETAT

[PART–II

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.

(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.

1203

PART–II]

LA GAZETTE DE L'ETAT

(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.

1204

LA GAZETTE DE L'ETAT

[PART–II

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-605 009.

(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.

————