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No. S8/5044/2012
Police Headquarters, Kerala
Thiruvananthapuram
Dated 26/03/2012
CIRCULAR No. 07/2012
Sub : Curbing of “Nokkukooli” - instructions issued.
Ref : (1) Kerala Head Load Workers Act, 1978
(2) Judgement dated 01/12/2006 in W.A No. 3717 of 2001 of
High Court of Kerala.
(3) Judgement dated 27/05/1993 in W.A 502/93 of High Court
of Kerala.
(4) Judgement dated 29/09/1999 in OP No. 23688/99 of High
Court of Kerala
“Nokkukooli” is conventionally understood as the amount demanded by any
group of persons claiming to be head load worker/workers of an area when a person
or organization loads material on to or unloads from a vehicle with the help of
friends or lawful helpers instead of employing those who stake the claim for such
amount. The recipient of “Nokkukooli” does not do any physical work either in
loading or unloading and is not engaged by the owner or consigner or consignee of
the load. When loading/unloading is done through machines like forklift and cranes,
then also “Nokkukooli” may be demanded by local head-load workers or unions
without having any claim on the management.
(02) The demand for “Nokkukooli” is based on an unlawful claim that some group
has sole rights to receive payment for any sort of "loading and unloading" happening
in their respective area, even if the group has not done any work. Often the
perpetrators threaten and intimidate the owner/contractor for extorting these illegal
charges. Such threatening and intimidation is illegal and infringes on constitutional
rights of the citizens.
(03) Under the circumstances it is the bounden duty of the police to take all legally
possible measures to curb the practice and to ensure peace and tranquillity. The
demand or claim of any amount without executing any work or for the work done or
to be done by the others from any person by intentionally putting that person in fear
of any injury to him or to any other person or damage to his goods or property;
intimidating such person by threat or violence to compel him to engage any person
or group of persons; intentionally causing damages to the articles or vehicles
or machinery or goods, used to carry out loading and unloading; indulging in acts of
threat, violence, force, using abusive language; etc are all illegal and strict legal
action should be taken against the culprits immediately under the relevant section.
2
(04) Demand for “Nokkukooli” accompanied by either an express or implied threat
of criminal use of force or use of force or harm or injury to any person is a clear
violation of several laws and attracts the following criminal provisions of law:
1. Section 383 IPC (Extortion)
2. Section 503 IPC (Criminal Intimidation)
3. Section 149 IPC (unlawful assembly) & other relevant sections.
Where fear of harm caused or the threat of use of force is immediate, then the
offence of Robbery can be invoked.
(05) On receipt of information /complaint of use or threat of force while
demanding/extorting “Nokkukooli” the SHO concerned should immediately reach the
place of occurrence and give adequate police protection to the
employer/owner/contractor. He shall register case under relevant sections of law
against the perpetrator/perpetrators. The case shall be investigated and charge
sheeted with top priority. The jurisdictional Labour Officer may be consulted with
regard to legality as per laws relating to labour, before finalising the case. The
details of any licensed head-load workers actually involved in such crimes shall be
forwarded to the Labour Officer concerned.
(06) A monthly report on the reported cases on “Nokkukooli” and progress in
investigation shall be sent to the Sub-Divisional officer. The SDPO shall closely
monitor the progress of investigation and furnish monthly report to the DPC. The
DPC will report the statistics and action taken in the monthly Crime Review
meetings. DPC will send a monthly report to PHQ in the name cover of IGP (HQrs).
(07) It is also instructed that while implementing the above directions care should
be taken that the legitimate rights of labours guaranteed by lawful labour contracts,
agreement with management, rights of labour according to them under any law are
not infringed.
State Police Chief
To
All officers in List B
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