This Indian law provides for the safety, health and welfare of dock workers.
Dock Workers (Safety, Health and Welfare) Act, 1986
[Act 54 of 1986] [7th December, 1986]
An Act to provide for the safety, health and welfare of dock workers and for matters connected therewith
Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:—
Statement of Objects and Reasons.—The Indian Dock Labourers Act, 1934 (19 of 1934), the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948) and the Dock Workers (Safety, Health and Welfare) Scheme, 1961, framed under the later Act, inter alia, deal with the matters relating to the protection against accident of workers employed in loading and unloading ships, employment of dock workers and safety, health and welfare of dock workers. Thus, the law relating to the said matters is, at present, contained in more than one Act.
2. In view of the experience gained by the working of these Acts and the said Scheme, it is felt that with a view to serving the interests of the dock workers more effectively, the law relating to safety, health and welfare of the said workers, as far as practicable, be contained in a single Act. Accordingly, the proposed Bill provides for the safety, health and welfare of dock workers and for matters connected therewith.
3. The Bill, among other things, seeks, inter alia, to—
(a) provide for the safety, health and welfare of dock workers in respect of all ports and all ships;
(b) enlarge the definitions of “dock work” and “dock workers” so as to widen the scope of protection;
(c) specify that the appropriate Government shall be, in relation to any major port, the Central Government, and, in relation to any other port, the State Government concerned;
(d) provide for the appointment of Chief Inspector and Inspectors of Dock Safety with appropriate powers for enforcing the provisions of the proposed legislation;
(e) provide for the constitution of advisory committee to advise upon matters arising out of the administration of the proposed legislation;
(f) empower the appropriate Government to direct inquiry into cases of accidents and diseases;
(g) lay down obligations of the dock workers in following certain safety practices;
(h) empower the appropriate Government to exempt any port or ship from the provisions of the proposed legislation subject to such conditions as it thinks fit;
(i) provide for appropriate punishment for offences against the proposed legislation and also to provide for enhanced punishments in the case of second and subsequent conviction and further to provide for certain minimum punishment in certain cases;
(j) provide for the repeal of the Indian Dock Labourers Act, 1934 (19 of 1934) and to make necessary consequential amendments in the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948).
4. The Bill seeks to achieve the above objects.
1. Short title, extent, commencement and application.
1. Short title, extent, commencement and application.—(1) This Act may be called the Dock Workers (Safety, Health and Welfare) Act, 1986.
| Other Contents of Deposit Insurance and Credit Guarantee Corporation Act, 1961 |
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| Sections 1 to 6 |
| Sections 7 to 16 |
| Sections 17 to 25 |
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
(4) It shall not apply to any ship of war of any nationality.
Note.—The Act came into force w.e.f. 15-4-1987 [Vide GSR 399(E), dt. 15-4-1987].
2. Definitions.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means, in relation to any major port, the Central Government, and, in relation to any other port, the State Government;
(b) “cargo” includes anything carried or to be carried in a ship or other vessel;
(c) “Chief Inspector” means the Chief Inspector of Dock Safety, appointed under sub-section (1) of Section 3;
(d) “dock work” means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes—
(i) work in connection with the preparation of ships or other vessels for receipt or discharge of cargoes or leaving port; and
(ii) chipping, painting or cleaning of any hold, tank, structure or lifting machinery or any other storage area in board the ship or in the docks;
(e) “dock worker” means a person employed or to be employed directly or by or through any agency (including a contractor) with or without knowledge of the principal employer, whether for remuneration or not, on dock work;
(f) “employer”, in relation to a dock worker, means the person by whom he is employed or is to be employed on dock work, whether for remuneration or not;
(g) “principal employer”, in relation to a dock worker employed or to be employed by or through any agency (including a contractor), means the person in connection with whose work he is employed or is to be employed by such agency;
(h) “regulation” means a regulation made under this Act.
3. Inspectors.
3. Inspectors.—(1) The appropriate Government may, by notification in the Official Gazette, appoint such person as it thinks fit to be the Chief Inspector of Dock Safety and such persons as it thinks fit to be Inspectors subordinate to the Chief Inspector for the purposes of this Act at such ports as may be specified in the notification.
(2) The Chief Inspector shall also exercise the powers of an Inspector.
(3) The Chief Inspector and all Inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860).
4. Powers of Inspectors.
4. Powers of Inspectors.—An Inspector may, at any port for which he is appointed,—
(a) enter, with such assistance (if any), as he thinks fit, any ship, dock, warehouse or other premises, where any dock work is being carried on, or where he has reason to believe that any dock work is being carried on;
(b) make examination of the ship, dock, lifting machinery, cargo gear, stagings, transport equipment, warehouses or other premises, used or to be used, for any dock work;
(c) require the production of any register, muster roll or other document relating to the employment of dock workers and examine such document;
(d) take on the spot or otherwise such evidence of any person which he may deem necessary:
Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself;
(e) take copies of registers, records or other documents or portions thereof as he may consider relevant in respect of any offence which he has reason to believe has been committed or for the purpose of any inquiry;
(f) take photograph, sketch, sample, measure or record as he may consider necessary for the purpose of any examination or inquiry;
(g) hold an inquiry into the causes of any accident which he has reason to believe was the result of the collapse or failure of lifting machinery, transport equipment, staging or non-compliance with any of the provisions of this Act or the regulations;
(h) issue show-cause notice relating to the safety, health and welfare provisions arising under this Act or the regulations;
(i) prosecute, conduct or defend before any court any complaint or other proceedings arising under this Act or the regulations;
(j) exercise such other powers as may be conferred upon him by the regulations.
5. Powers of Inspector where employment of dock workers are dangerous.
5. Powers of Inspector where employment of dock workers are dangerous.—(1) If it appears to an Inspector that any place at which any dock work is being carried on is in such a condition that it is dangerous to life, safety or health, of dock workers, he may, in writing, serve on the owner or on the person in charge of such place an order prohibiting any dock work in such place until measures have been taken to remove the cause of the danger to his satisfaction.
(2) An Inspector serving an order under sub-section (1) shall endorse a copy to the Chief Inspector who may modify or cancel the order without waiting for an appeal.
6. Facilities to be afforded to an Inspector.
6. Facilities to be afforded to an Inspector.—The owner or the person in charge of the place at which any dock work is being carried on, shall afford the Chief Inspector or the Inspector all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this Act or the regulations.
