In an effort to streamline the logistics sector, the government has notified the Puducherry Loading and Unloading (Regulation of Employment and Welfare Act, 2017).
The Act passed by the Legislative Assembly has received the President’s assent and has been published in the Puducherry Government Gazette.
According to E. Vallavan, Commissioner of Labour, “All the occupiers/employers of all factories, industries, shops and other commercial establishments, markets, godowns/storage points, warehouse, residences including shifting of household articles located in Puducherry, Karaikal, Mahe and Yanam regions have been instructed to comply with the provisions of the Act.”
The Act prohibits extortion, intimidatory or other unlawful practices connected with loading and unloading and transportation of goods and articles both in the domestic and non-domestic sectors comprising industry, agriculture and trade.
Under the law, the employer shall have the right to carry out loading and unloading work for domestic purpose by himself or by employing workers of his choice. The term “domestic” covers shifting, including the transportation of furniture, personal effects and other household articles for domestic use, work in connection with the shifting of articles of a dwelling house of a person, including work connected with religious or social or public function and cutting, removal, shifting and transportation of trees and wood for personal use.
Domestic purpose covers construction, repairing and maintenance of house, including the shifting and transportation of construction material, equipment, machinery for personal use, dismantling, demolition and shifting of old building material or equipment other than those covered by non-domestic purpose and including its transportation, shifting and transportation of animals for personal use and so on.
As per Section 23 of the Puducherry Loading and Unloading (Regulation of Employment and Welfare) Act, 2017, whoever commits any unfair practice shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than ₹1,000 and which may extend to ₹5,000 or both.
Similarly, whoever commits any unauthorised entry into the property of an employer or any other person and creates obstruction to the work or damages property of the employer shall be punishable with imprisonment, which may extend to two years or with fine, which shall not be less than ₹1,000 and which may extend to ₹10,000 or with both.
‘Anti-labour law’
A trade union leader said that the law notified by the government was anti-labour and in support of big businessmen. The Act had provisions giving an employer the right to carry out loading and unloading work for domestic purpose by himself or by employing the workers of his own choice. The government should fix the wages payable to the workers and the rate should be different for different areas. A separate welfare board should be constituted for the workers, he said.
