17. Provision relating to jurisdiction.
17. Provision relating to jurisdiction.—(1) No court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence under this Act or the regulations.
(2) No prosecution for any offence under this Act or the regulations shall be instituted except by or with the previous sanction of an Inspector.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court shall take cognizance of an offence under this Act or the regulations unless complaint thereof has been made—
(a) in the case of an offence punishable with fine,—
(i) within six months from the date of the offence; or
(ii) where the commission of the offence was not known to the Inspector, within six months from the first day on which the offence comes to the knowledge of the Inspector; or
(iii) where it is not known by whom the offence was committed, within six months from the first day on which the identity of the offender is known to the Inspector; or
(b) in the case of an offence punishable with imprisonment,—
(i) within one year from the date of the offence; or
(ii) where the commission of the offence was not known to the Inspector, within one year from the first day on which the offence comes to the knowledge of the Inspector; or
(iii) where it is not known by whom the offence was committed, within six months from the first day on which the identity of the offender is known to the Inspector.
Explanation.—For the purposes of this section, in the case of a continuing offence a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.
| Other Contents of Deposit Insurance and Credit Guarantee Corporation Act, 1961 |
|---|
| Sections 1 to 6 |
| Sections 7 to 16 |
| Sections 17 to 25 |
18. Provision regarding fine.
18. Provision regarding fine.—Notwithstanding anything contained in Section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for a Metropolitan Magistrate or a magistrate of the first class to pass a sentence of fine exceeding five thousand rupees authorised by this Act or the regulations on any person convicted of any offence thereunder.
19. General provision for punishment for other offences.
19. General provision for punishment for other offences.—Any person who contravenes any provision of this Act shall, if no other penalty is provided for such contravention under this Act, be punishable with fine which may extend to five hundred rupees.
20. Power to make rules.
20. Power to make rules.—The appropriate Government may, by notification in the Official Gazette, make rules consistent with this Act for all or any of the following purposes, namely:—
(a) the manner in which an Inspector is to exercise the powers conferred upon him under this Act;
(b) the inspection of premises of ships where any dock work is carried on;
(c) the manner of services of orders made under this Act;
(d) the term of office and other conditions of service of members of the Advisory Committee, the manner of filling vacancies among, and the procedure to be followed in, the discharge of their functions under sub-section (5) of Section 9;
(e) the procedure at inquiries under Section 10; and
(f) any other matter which is to be provided for by rules under this Act.
21. Power to make regulations.
21. Power to make regulations.—(1) The appropriate Government may, by notification in the Official Gazette, make regulations consistent with this Act for providing for the safety, health and welfare of dock workers.
(2) Such regulations may provide for all or any of the following purposes, namely:—
(a) providing for the general requirement relating to the construction, equipping and maintenance for the safety of working places on shore, ship, dock, structure and other places at which any dock work is carried on;
(b) providing for the safety of any regular approaches over a dock, wharf, quay or other places which dock workers have to use for going for work and for fencing of such places and projects;
(c) providing for the efficient lighting of all areas of dock, ship, any other vessel, dock structure or working places where any dock work is carried on and of all approaches to such places to which dock workers are required to go in the course of their employment;
(d) providing and maintaining adequate ventilation and suitable temperature in every building or an enclosure on ship where dock workers are employed;
(e) providing for fire and explosion prevention and protection;
(f) providing for safe means of access to ships, holds, stagings, equipment, lifting appliances and other working places;
(g) providing for the safety of workers engaged in the opening and closing of hatches, protection of ways and other openings in the docks which may be dangerous to them;
(h) providing for the safety of workers on docks from the risk of falling overboard being struck by cargo during loading or unloading operations;
(i) providing for the construction, maintenance and use of lifting and other cargo handling appliances and services, such as, pallets containing or supporting loads and provision of safety appliances on them, if necessary;
(j) providing for the safety of workers employed in freight container terminals or other terminals for handling unitised cargo;
(k) providing for the fencing of machinery, live electrical conductors, steam pipes and hazardous openings;
(l) providing for the construction, maintenance and use of staging;
(m) providing for the rigging and use of ship's derricks;
(n) providing for the testing, examination, inspection and certification as appropriate of loose gears including chains and ropes and of slings and other lifting devices used in dock work;
(o) providing for the precautions to be taken to facilitate escape of workers when employed in a hold, bin, hopper or the like or between decks of a hold while handling coal or other bulk cargo;
(p) providing for the measures to be taken in order to prevent dangerous methods of working in the stacking, unstacking, stowing and unstowing of cargo or handling in connection therewith;
(q) providing for the handling of dangerous substances and working in dangerous or harmful environments and the precautions to be taken in connection with such handling;
(r) providing for the work in connection with cleaning, chipping, painting operations and precautions to be taken in connection with such work;
(s) providing for the employment of persons for handling cargo, handling appliances, power operated hatch covers or other power operated ship's equipment, such as, door in the hull of a ship, ramp, retraceable car deck or similar equipment or to give signals to the drivers of such machinery;
(t) providing for the transport of dock workers;
(u) providing for the precautions to be taken to protect dock workers against harmful effects of excessive noise, vibrations and air pollution at the work place;
(v) providing for protective equipment or protective clothing;
(w) providing for the sanitary, washing and welfare facilities;
(x) providing for—
(i) the medical supervision;
(ii) the ambulance rooms, first aid and rescue facilities and arrangements for the removal of dock workers to the nearest place of treatment;
(iii) the safety and health organisation; and
(iv) the training of dock workers and for the obligations and rights of the dock workers for their safety and health at the work place;
(y) providing for the investigation of occupational accidents, dangerous occurrences and diseases, specifying such diseases and the forms of notices, the persons and authorities to whom, they are to be furnished, the particulars to be contained in them and the time within which they are to be submitted; and
(z) providing for the submission of statement of accidents, man-days lost, volume of cargo handled and particulars of dock workers.
(3) The regulations made under this section may,—
(a) provide for the circumstances in which and the conditions subject to which, exemptions from any of the regulations made under this section may be given specifying the authorities who may grant such exemptions and regulating their procedure; and
(b) make special provision to meet the special requirement of any particular port or ports.
(4) In making a regulation under this section, the appropriate Government may direct that a breach thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and, if the breach is continued after conviction, with a further fine which may extend to one hundred rupees for each day on which the breach is so continued.
22. General provision relating to rules and regulations.
22. General provision relating to rules and regulations.—(1) The power to make rules and regulations conferred by Sections 20 and 21 is subject to the condition of the rules and regulations being made after previous publications.
(2) The date to be specified in accordance with clause (3) of Section 23 of the General Clauses Act, 1897 (10 of 1897) as that after which a draft of rules or regulations proposed to be made will be taken under consideration, shall not be less than forty-five days from the date on which the draft of the proposed rules or regulations is published for general information.
(3) Every rule and every regulation made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 rule or regulation, as the case may be.
(4) Every rule and every regulation, made under this Act by a State Government shall be laid, as soon as may be after it is made, before the State Legislature.
23. Amendment of Act 9 of 1948.
23. Amendment of Act 9 of 1948.—In the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), in Section 3, in sub-section (2),—
(a) in clause (g), the words “and welfare” shall be omitted;
(b) clause (h) shall be omitted.
24. Repeal.
24. Repeal.—The Indian Dock Labourers Act, 1934 (19 of 1934) is hereby repealed.
25. Savings.
25. Savings.—The Indian Dock Labourers Regulations, 1948 made under Section 5 of the Indian Dock Labourers Act, 1934 (19 of 1934) so repealed and the Dock Workers (Safety, Health and Welfare) Scheme, 1961 made under Section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948) shall be deemed to be regulations framed under this Act and shall be in force unless they are altered or repealed under this Act.
