ORDINANCE No. 24 OF 2010

THE KERALA HEADLOAD WORKERS' (AMENDMENT)

ORDINANCE, 2010

Promulgated by the Governor of Kerala in the Sixty-first Year of the Republic of India.

AN
ORDINANCE

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

Preamble.—Whereas, it is expedient further to amend the Kerala Headload Workers' Act, 1978 (20 of 1980) for the purposes hereinafter appearing;

And Whereas, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

Now, Therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:—

1. Short title and commencement.— (1) This Ordinance may be called the Kerala Headload Workers' (Amendment) Ordinance, 2010.

(2) Sections 3 and 4 shall be deemed to have come into force on the 1st day of January, 2009 and the remaining sections shall come into force at once.

2. Act 20 of 1980 to be temporarily amended.—During the period of operation of this Ordinance, the Kerala Headload Workers' Act, 1978 (20 of 1980), (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 to 6.

3. Amendment of section 2.—In section 2 of the principal Act, for clause (k), the following clause shall be substituted, namely;—

"(k) "family" means,—

1. husband;
2. wife;
3. minor children;
4. mentally challenged children;
5. dependent parents;
6. unmarried or widowed daughters who are dependent; and
7. physically challenged children who are dependent."

 4. Amendment of section 13.— In section 13 of the principal Act, after clause (b) of sub-section (2), the following clause shall be inserted, namely:—

"(bb) for providing benefits under the Employees State Insurance Act, 1948 (Central Act 34 of 1948) to headload workers.".

5.Amendment of section 24.—In section 24 of the principal Act, the following proviso shall be inserted, namely:--

"Provided that the Workmen's Compensation Act, 1923 (Central Act 8 of 1923) shall not apply to the headload workers insured under the Employees State Insurance Act, 1948 (Central Act 34 of 1948).".

R.S. GAVAI,

GOVERNOR.