Dock Workers (Regulation of Employment) Act, 1948

This is an Indian Act for regulating the employment of dock workers.

Dock Workers (Regulation of Employment) Act, 1948

[Act 9 of 1948]           [4th March, 1948] 

An Act to provide for regulating the employment of dock workers

Whereas it is expedient to provide for regulating the employment of dock workers;

It is hereby enacted as follows:—

1. Short title and extent.

1. Short title and extent.—(1) This Act may be called the Dock Workers (Regulation of Employment) Act, 1948.

(2) It extends to the whole of India [i][except the State of Jammu and Kashmir].

2. Definitions.

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

[ii][(a) “Board” means a Dock Labour Board established under Section 5-A;]

[iii][(aa)] “cargo” includes anything carried or to be carried in a ship or other vessel;

(b) “dock worker” means a person employed or to be employed in, or in the vicinity of, any port on work in connection with the loading, unloading, movement or storage of cargoes or work in connection with the preparation of ships or other vessels for the receipt or discharge of cargoes or leaving port;

(c) “employer”, in relation to a dock worker, means, the person by whom he is employed or to be employed as aforesaid;

(d) “Government” means, in relation to any major port, the Central Government and, in relation to any other port, the State Government;

(e) “scheme” means a scheme under this Act.

3. Scheme for ensuring regular employment of workers.

3. Scheme for ensuring regular employment of workers.—(1) Provision may be made by a scheme for the registration of dock workers [and employers][iv] with a view to ensuring greater regularity of employment and for regulating the employment of dock workers, whether registered or not, in a port.

(2) In particular, a scheme may provide—

(a) for the application of the scheme to such classes of dock workers and employers as may be specified therein;

(b) for defining the obligations of dock workers and employers subject to the fulfilment of which the scheme may apply to them and the circumstances in which the scheme shall cease to apply to any dock workers or employers;

(c) for regulating the recruitment and entry into the scheme of dock workers, [v][and the registration of dock workers and employers] including the maintenance of registers, the removal, either temporarily or permanently, of names from the registers and the imposition of fees for registration;

(d) for regulating the employment of dock workers, whether registered or not, and the terms and conditions of such employment, including rates of remuneration, hours of work and conditions as to holidays and pay in respect thereof;

(e) for securing that, in respect, of periods during which employment, or full employment, is not available for dock workers to whom the scheme applies and who are available for work, such workers will, subject to the conditions of the scheme, receive a minimum pay;

(f) for prohibiting, restricting or otherwise controlling the employment of dock workers to whom the scheme does not apply and the employment of dock workers by employers to whom the scheme does not apply;

[vi][(ff) for creating such fund or funds as may be necessary or expedient for the purposes of the scheme and for the administration of such fund or funds;]

(g) for the training [vii][* * *] of dock workers, in so far as satisfactory provision therefor does not exist apart from the scheme;

[viii][(gg) for the welfare of the officers and other staff of the Board;]

(h) [ix][* * *];

(i) for the manner in which, and the persons by whom, the cost of operating the scheme is to defrayed;

[x][(j) for constituting, [* * *][xi] the authority to be responsible for the administration of the scheme;]

(k) for such incidental and supplementary matters as may be necessary or expedient for the purposes of the scheme.

(3) A scheme may further provide that a contravention of any provision thereof shall be punishable with imprisonment for such term as may be specified but in no case exceeding three months in respect of a first contravention or six months in respect of any subsequent contravention, or with fine which may extend to such amount as may be specified, but in no case exceeding five hundred rupees in respect of a first contravention or one thousand rupees in respect of any subsequent contravention, or with both imprisonment and fine as aforesaid.

4. Making, variation and revocation of scheme.

4. Making, variation and revocation of scheme.—(1) The Government may, by notification in the Official Gazette and subject to the condition of previous publication, make one or more schemes for a port or group of ports, and may in the like manner and subject to the like condition add to, amend, vary or revoke any scheme made by it.

(2) The provisions of Section 23 of the General Clauses Act, 1897 shall apply to the exercise of a power given by sub-section (1) as they apply to the exercise of a power given by a Central Act to make rules subject to the condition of previous publication.

(3) The Government may direct the port authority of any port to prepare, in accordance with such instructions as may from time to time be given to it, one or more draft schemes for the port, and the port authority shall comply with such direction.

5. Advisory Committee.

5. Advisory Committee.—(1) The Government may, or if it decides to make any scheme under Section 4 shall, constitute an Advisory Committee, to advise upon such matters arising out of the administration of this Act or any scheme made thereunder, as the Government may refer to it for advice.

[xii][(2) The members of the Advisory Committee shall be appointed by the Government and shall be of such number and chosen in such manner as may be prescribed by rules made under this Act:

Provided that the Advisory Committee shall include an equal number of members representing—

(i) the Government,

(ii) the dock workers, and

(iii) the employers of dock workers, and shipping companies.]

(3) The Chairman of the Advisory Committee shall be one of the members appointed to represent the Government, nominated in this behalf by the Government.

(4) The Government shall publish in the Official Gazette the names of all members of the Advisory Committee.

(5) [xiii][* * *]

5-A. Dock Labour Boards.

[xiv][5-A. Dock Labour Boards.—(1) The Government may, by notification in the Official Gazette, establish a Dock Labour Board for a port or group of ports to be known by such name as may be specified in the notification.

(2) Every such Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may, by that name, sue and be sued.

(3) Every such Board shall consist of a Chairman and such number of other members as may be appointed by the Government:

Provided that every such Board shall include an equal number of members representing—

(i) the Government,

(ii) the dock workers, and

(iii) the employers of dock workers, and shipping companies.

(4) The Chairman of a Board shall be one of the members appointed to represent the Government, and nominated in this behalf by the Government.

5-B. Functions of a Board.

[xv]5-B. Functions of a Board.—(1) A Board shall be responsible for administering the scheme for the ports or group of ports for which it has been established and shall exercise such powers and perform such functions as may be conferred on it by the scheme.

(2) In the exercise of its powers and the discharge of its functions, a Board shall be bound by such directions as the Government may, for reasons to be stated in writing, give to it from time to time.

5-C. Accounts and audit.

[xvi]5-C. Accounts and audit.—(1) Every Board shall maintain proper accounts, and other relevant records and prepare an annual statement of accounts, including a balance-sheet, in such form as may be prescribed by rules made under this Act.

(2) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of India or by such other auditors qualified to act as auditors of companies under the law for the time being in force relating to companies, as the Government may appoint.

(3) The auditors shall, at all reasonable times, have access to the books of accounts and other documents of the Board and may, for the purposes of the audit, call for such explanation and information as they may require, or examine any member or officer of the Board.

(4) The auditors shall forward to the Government a copy of their report together with an audited copy of the accounts of the Board.

(5) The cost of the audit as determined by the Government shall be paid out of the funds of the Board.]

 [5-D. Annual report.

[xvii][5-D. Annual report.—Every Board shall prepare, in such form and at such time in each financial year as may be specified by rules made under this Act, its annual report, giving full account of its activities during the previous financial year, and submit a copy thereof to the Government.

5-E. Annual report and audited accounts to be laid before Parliament or Legislature.

5-E. Annual report and audited accounts to be laid before Parliament or Legislature.—The annual report, and the audited accounts of the Board, together with auditor's report thereon and a review by the Government on the working of the Board, shall, within a period of nine months of the close of the financial year, be laid before each House of Parliament, if such report and accounts have been submitted to the Central Government, and before the Legislature of the State, if such report and accounts have been submitted to the State Government:

Provided that where such report, accounts and the review are not laid before Parliament or, as the case may be, before the Legislature of the State within the said period, the same shall be so laid thereafter along with the reasons for the delay.]