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FAQ under the Motor Transport Workers Act

FAQ under the Motor Transport Workers Act

 

 

Which are the vehicles /establishments to be registered under the Motor Transport Workers Act

 

 

A Motor transport undertaking carrying passengers or goods by road including private carrier

 

How to register a Motor Transport undertaking

 

 

Application in form No. 1 in duplicate chalan receipt for the prescribed fee. Submit the application with chalan receipt before the Inspector under MTW Act (Assistant Labour Officer) thirty days before the date of operation of the undertaking

 

What is the prescribed fees under the Act

 

 

Fees is As  per the minimum number of motor transport workers to be employed on any one day during the year

Up to 5 workers- 250

Above 5 and up to 10 workers-  ` 500

Above 10 and up to 20 workers- ` 1,000

Above 20 and up to 30 workers- ` 1,500

Above 30 and up to 40 workers- ` 2,000

Above 40 and up to 50 workers- 3,000

Above 50 and up to 75 workers- ` 4,000

Above 75 and up to 100 workers- ` 5,000

Above 100 and up to 200 workers- ` 7,000

Above 200 and up to 500 workers- ` 10,000

Above 500 and up to 750 workers- ` 15,000

Above 750 and up to 1000 workers- ` 20,000

Above 1000 workers- ` 25,000

 

What is the Head of Account in which fee is to be remitted

 

 

0230-00-800-90

 

How and when to renew the Registration

 

 

Repeat the procedure in item No. 2 Submit along with the original RC before sixty days of the date of expiry. 25% of the fee shall be paid in the case of belated applications for renewal.

 

Is there any prescribed wages for the Motor Transport workers

 

 

Govt. have notified fair wages for the workers of Motor Transport undertakings

 

Total number of working hours of a worker.

 

 

8 hrs in a day and 48 hrs in a week. This may be extended to 10 hrs in a day and 50 hrs in a week with prior permission of the Chief Inspector

 

How many days of leave available for a Motor Transport Worker

 

 

Leave with wages one day for every 20 days to a workman who worked for a period of 250 days or more in the year immediately proceeding.

 

Welfare amenities to be provided to a workman

 

 

Canteen, rest room, first aid and uniforms.

 

What are the registers and records to be maintained by MT undertaking

 

 

Register of workers in form IX 
Muster roll of workers in form X
Overtime Muster roll in form XI
Leave book in form VIII (Provided to worker)
Register of leave with wages form VII
Individual control book form XII

 

What is the penalty for violation of the provision of the Act & Rules

 

 

Imprisonment which may extend to 3 months or with fine which may extend to Rs. 500/- or with both

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FAQ under Trade Union Act

FAQ under Trade Union Act

 

 

How many persons are required in an industry for registration of a Trade Union

 

 

10% or 100 whichever is less engaged or employed in an establishment or industry.

 

How many persons are required for making an application for Registration of a Trade Union

 

 

Minimum Seven.

 

Procedure for Registration of a Trade Union

 

 

Application in form A
Schedule I
Schedule II
Bye - law of the union
Resolution authorising 7 members to make an application 
Chalan Receipt for 
` 500/-

 

What is the Head of Account in which fee is to be remitted

 

 

0230-102

 

Where to Submit the application.

 

 

Submit the application before the Asst. Labour Officer having jurisdiction over the area where the Head Office of the union is situated.

 

Can the employers form a Trade Union

 

 

Yes

 

A Trade Union which has an identical name with another.  Will it be registered?

 

 

Registrar of Trade Union shall not register that union until they make a change in the identical name.

 

Registrar of Trade Union withdrew a union's registration in view of non performance of certain statutory provision. Is it possible?

 

 

Registrar has the power only to cancel the registration. He cannot withdraw the order of registration issued by him.

 

What happens when membership falls down after the date of application

 

 

Application shall not become invalid.

 

Who is a protected workman.

 

 

Office bearers of a registered Trade Union are protected workmen.

 

Cancel the registration of a Trade Union when.

 

 

Trade Union Certificate obtained by fraud or mistake.
Contravened any provision of the Trade Union Act.
(With two months notice from the Registrar)

 

Registrar's decision not correct, where to appeal

 

 

Appeal to respective High Court

 

What is the minimum age to be a member of Trade Union

 

 

One who attained the age of 15 years.

 

What is the minimum age to be an office bearer

 

 

Attained the age of 18 Years.

 

Registers and records to be maintained by a Trade Union

 

 

Register of membership and subscription in Form M
Register of receipts and disbursement of general Fund
Minutes book of the meeting stock register
Subscription receipt book

 

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FAQ under Head Load Workers Act

FAQ under Head Load Workers Act

 

 

 

Whether all Head Load Workers have to be registered under Kerala Head Load Workers Act

 

 

All Head Load Workers engaged in loading or unloading works have to be registered under Kerala Head Load Workers Act. Identity Card will be issued to every headload worker so registered.

 

Procedure for registration of worker under Kerala Head Load Workers Act

 

 

(i) Application in form IX

(ii) 3 Photographs

(iii) Age proof
(ii) Original Copy of the Chalan receipt having remitted the prescribed fee at the nearest treasury of the office of the Asst. Labour Officer
(iii) Submit the form IX, 3 Photographs, Age proof and original chalan receipt at the office of the Asst. Labour Officer having jurisdiction over the area

 

Total number of hours required to be worked by an employee in an establishment.

 

 

No employee is required or allowed to work for more than 8 hours in any day and 48 hours in any week. No period of work shall exceed 3 hours at a stretch, at least half an hour rest shall be given after every 3 hours of work

 

Can an employee be employed more than the prescribed working hours, if so what extra remuneration to be paid.

 

 

The worker is entitled wages at the rate of one and a half the ordinary rate for working between 7 p. m and 7 a. m.

 

Registers to be maintained by an employer

 

 

Register of employment and wages in form V
Supply to each headload worker a wage card in Form IV on every Saturday

 

 

 

 

 

Note:- For more information please contact Citizen’s Call Center in 155300

 

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FAQ under Contract Labour(R&A) Act-1970

FAQ under Contract Labour(R&A) Act

 

 

Whether all establishments are to be registered under Contract Labour (R&A) Act

 

 

Every principal employer of an establishment who employ 20 or more contract workers have to register under this Act.

 

Whether all contractors have to obtain Contract licence under Contract Labour (R&A) Act

 

 

Every contractor of an establishment who employ 20 or more contract workers have to obtain Contract licence under this Act.

 

Procedure for registration of establishments under Contract Labour (R&A) Act

 

 

(i) Application in triplicate in form I
(ii) Original Copy of the Treasury Chalan receipt towards prescribed fee

(iii) Submit the form I in triplicate and original chalan receipt at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

Procedure to take Contract licence under Contract Labour (R&A) Act

 

 

(i) Application in triplicate in form IV

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for license at the nearest treasury of the office of the District Labour Officer

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for security deposit (at the rate of ` 20 for each workmen employed as contract labour) at the nearest treasury of the office of the District Labour Officer

(iii) Certificate by principal employer in form V
(iv) Submit the items in (i) to (iii) at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

What is the prescribed fees under the Act

 

 

 

 

No. of workers employed on any day in 12 months

Registration fee

Licence fee

20 but does not exceed 50 workers

50 but does not exceed 100 workers

100 but does not exceed 200 workers

200 but does not exceed 300 workers

300 but does not exceed 500 workers

500 and above

1000

2000

3000

4000

6000

10000

750

1500

2500

4000

6000

10000

 

What is the Head of Account in which fee is to be remitted

 

 

For Registration/Licence: 0230-00-106

For Security Deposits: 8443-00-103

 

How and when to renew the Licence Certificate

 

 

Repeat the procedure in item No. 4 and submit along with the Registration Certificate 30 days before the expiry of registration certificate.

 

Registers to be maintained

 

 

By principal employers

(i) A register of contractors in form XII.

(ii) Annual Return in form XXV(in duplicate)to the DLO be before 15th of February of the succeeding year.

 

 

By contractors

 

 

(i) A register of persons employed in form XIII.

(ii) Issue an Employment Card in form XIV to each worker within three days of employment.

(iii) Issue a service certificate on termination in form XV

(iv) Issue wage slip in form XIX to the worker at least a day prior to the disbursement of wages

(v) Display an abstract of the Act in Malayalam and in the language spoken by the majority of workers

(vi) Notice showing the rate of wages, hours of work, wage period, date of payment, name and address of the inspector etc. shall be displayed in the establishment

(vii) A half yearly return in form XXIV (in duplicate) to the licensing officer not later than 30 days from the close of half year.

(viii) Maintain registers under Minimum Wages Act & Payment of Wages Act

 

What is the penalty for violation of the provision of the Act & Rules

 

 

Imprisonment which may extend to 3 months or with fine which may extend to Rs. 500/- or with both for obstruction to the Inspector & Imprisonment which may extend to 3 months or with fine which may extend to Rs. 1000/- or with both for contravention of provision regarding employment of contract labour

 

 

 

 

 

Note:- For more information please contact Citizen’s Call Center: 155300

 

 

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  • Last Modified: Friday 15 December 2017.