Dock Workers (Regulation of Employment) Act, 1948

(1) This Act may be called the Dock Workers (Regulation of Employment) Act, 1948. (2) It extends to the whole of India 2[except the State of Jammu and Kashmir].

In this Act, unless there is anything repugnant in the subject or context, - 3[(a) "Board" means a Dock Labour Board established under section 5A;] 4[(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 made under this Act.

(1) Provision may be made by a scheme for the registration of dock workers 5[and employers] 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, 6[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; 1[(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 2*** of dock workers, in so far as satisfactory provision therefore does not exist apart from the scheme; 3[(gg) for the welfare of the officers and other staff of the Board;] 4* * * * * * (i) for the manner in which, and the persons by whom, the cost of operating the scheme is to be defrayed; 5[(j) for constituting 6*** the authority to be responsible for the administration of the scheme;] (k) for such incidental and supplementary matters as may 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.

(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 (10 of 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.

(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. 1[(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. 2* * * * * *

(1) The Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act at such ports as may be specified in the notification. (2) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (3) An Inspector may, at any port for which he is appointed,- (a) enter, with such assistance (if any) as he thinks fit, any premises or vessel where dock workers are employed; (b) require any authority or person to produce any register, muster-roll or other document relating to the employment of dock workers, and examine such document; (c) take on the spot or otherwise the evidence of any person for the purpose of ascertaining whether the provisions of any scheme made for the port are, or have been, complied with. (4) The Government may, by notification in the Official Gazette, prescribed the manner in which and the persons by whom complaints regarding contravention of any provision of a scheme may be made to an Inspector and the duties of the Inspector in relation to such complaints.

(1) No Court shall take cognizance of any offence made punishable by a scheme or of any abetment thereof, except on a report in writing of the facts constituting such offence or abetment made by an Inspector or by a person specially authorised in this behalf by the Government. (2) Notwithstanding anything contained in the Code of Criminal Procedure 18981 (5 of 1898), an offence made punishable by a scheme or an abetment thereof shall be triable only by a Presidency Magistrate or a Magistrate of the first class. 1. See now the Code of Criminal Procedure, 1973 (2 of 1974). 2. Ins. by Act 31 of 1970, s. 3. 3. Ins. by Act 8 of 1962, s. 7 (w.e.f. 1-6-1962).

3[8. Power to make rules.- (1) The Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the forgoing power, such rules may provide for- (a) the compositions of the Advisory Committee and Boards and the manner in which members of the Advisory Committee and the Boards shall be chosen; (b) the term of office of, and the manner of filling casual vacancies among, the members of a Board or the Advisory Committee; (c) the meetings of a Board and the Advisory Committee, the quorum for such meetings and the conduct of business thereat; (d) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of a Board; (e) the allowances, if any, payable, to the members of a Board or the Advisory Committee; (f) the disqualifications for membership of a Board; (g) the form in which a Board shall prepare its annual statement of accounts and the balance- sheet. 1* * * * * *

Every Dock Labour Board established for a port or a group of ports before the commencement of the Dock Workers (Regulation of Employment) Amendment Act, 1962 (8 of 1962), under a scheme made under section 4, and functioning as such immediately before such commencement shall be deemed to be a Board established under section 5A and, accordingly, all the provisions of this Act shall apply to every such Board.]