ACT 3 OF 2009

      THE  KERALA  HEADLOAD WORKERS' (SECOND AMENDMENT)

ACT, 2008

An Act further to amend the Kerala Headload Workers' Act, 1978

           Preamble.-  WHEREAS,  it is expedient further to amend the Kerala Headload Workers Act, 1978, for the purposes hereinafter appearing;

            BE it enacted in the Fifty-ninth Year of the Republic of India as follows:-

          1.  Short title and commencement.-  (1)  This Act  may be called the Kerala Headload Workers' (Second Amendment) Act, 2008.

               (2)  It shall be deemed to have  come into force on the 18th day of April, 2008.

          2.  Amendment of Section 18.-  In section 18 of the Kerala Headload Workers' Act, 1978 (20 of 1980) (hereinafter referred to as the principal Act),-

               (1)  for sub-section (1)  the following sub-section shall be substituted, namely :-  

       "(1) The Government may, by notification in the Gazette, appoint a Committee for every revenue district in the State and on the recommendation of the Board, appoint as many Special Committees as they deem fit in any area falling within any industrial township or other special areas of importance in the State, to be known by such name as may be specified in the notification for the purpose of exercising the powers and performing the function of the Committee under the Act and the Scheme in relation to that area:

          Provided that if any Special Committee has been appointed, the Committee appointed for the revenue district shall cease to exercise jurisdiction over the area of the Special Committee."

                (2)  in sub-sections  (5) and (6), for the word "Convener", the words  "District Secretary or as the case may be Special Area Secretary" shall be substituted.

           3.  Insertion of new section  19 A - After section 19 of the principal Act, the following section shall be   inserted, namely :-

          "19A. Appointment of Advisory Committee.- (1) The Board may constitute as many Advisory Committees as are found necessary for any area in a revenue district, for the purpose of advising the committee on any matter pertaining to that area.

          (2) Every Advisory Committee under sub-section (1) shall consist of seven members nominated by the Board of whom three each shall represent the employers and the headload workers and one shall be an officer of the Board.

          (3) The officer of the Board nominated under sub-section (2) shall be its Convener.

          (4) The term of office of the members of the Advisory Committee and the conduct of business of the Advisory Committee shall be such as may be decided by the Board from time to time."

         4. Special provision for dissolving the existing Committee.- Notwithstanding anything to the contrary contained in the principal Act or in any rule or scheme framed thereunder, soon after the date of commencement of the Kerala Headload Workers (Seconmd Amendment) Act, 2008, the Government may reconstitute the Committee in accordance with section 18 of the principal Act as amended by this Ordinance and upon such reconstitution all the existing Committees constituted prior to the date of commencement of this Act shall be deemed to be dissolved and all the powers and functions hitherto exercised or performed by the existing committees in a revenue district shall be deemed to be transferred to the respective Committees reconstituted in the revenue district in accordance with the provisions of this Act.

           5.  Repeal and saving.-(1) The Kerala Headload Workers' (Amendment) Ordinance,2008 (26 of 2008) is hereby repealed.

(2)  Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.