Section 13 in The Kerala Headload Workers Act, 1978
13. Scheme.-
(1)The Government may, by notification in the Gazette, make one or more scheme or schemes for any employment or group of employments in one or more area or areas specified in the notification, and by similar notification add to, amend or vary and such scheme or substitute another scheme for any such scheme:Provided that no such notification shall come into force unless a draft thereof is published in the Gazette and unless it is finalised after considering objections and suggestions received within one month of the publication of such draft in the Gazette.(2)Subject to the provisions of this Act and the rules made thereunder a scheme made under sub section (1) may provide for all or any of the following matters, namely:-(a)for the welfare of headload workers;(b)for health and safety measures for headload workers;(c)for the constitution of any fund or funds including provident fund for the benefit of headload workers, the vesting of such funds, the payment of contributions to be made to such funds and all matters relating thereto;(d)for regulating the recruitment and entry into the scheme of the headload workers, and the registration of headload workers and employers including the maintenance of registers, removal either temporarily or permanently, of names from the registers and the imposition of fee for registration;(e)for regulating the employment of headload workers and the terms and conditions of such employment, including maternity benefit, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof;(f)for pooling of headload workers who are not employed under any employer or contractor;(g)for the manner in which, and the persons by whom, the cost of operating the scheme is to be defrayed, including any contributions to be paid by employers and headload workers and the rate of such contribution;(h)for appointing persons and authorities who or which are to be responsible for the administration of the scheme and for the administration of funds constituted for the purposes aforesaid;(i)for such incidental and supplementary matters as may be necessary or expedient for giving effect to the purposes of the scheme;(j)generally for making better provision as regards the terms and conditions of employment of head load workers.(3)If any question arises whether any scheme applies to any class of headload workers, the matter shall be referred to the Government whose decision thereon shall be final.(4)The Government may, by notification in the Gazette, add to the Schedule any establishment in respect of the headload workers whereof they are of opinion that a scheme should be made under this Act, and thereupon the establishment so added shall be deemed to be an establishment specified in the Schedule for the purposes of this Act.(5)Every notification under subsection (1) shall be laid, as soon as may be after it is issued, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, the notification 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 notification.
