The Dock Workers (Safety, Health and Welfare) Act, 1986

(1) This Act may be called the DockWorkers (Safety, Health and Welfare) Act, 1986. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint. (4) It shall not apply to any ship of war of any nationality.

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, orrequired for, or incidental to, the loading, unloading, movement or storage of cargoes into or fromship 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 ofcargoes or leaving port; and (ii) chipping, painting or cleaning of any hold, tank, structure or lifting machinery or any otherstorage 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 anyagency (including a contractor) with or without knowledge of the principal employer, whether forremuneration or not, on dock work; (f)"employer", in relation to a dock worker, means the person by whom he is employed or is to beemployed on dock work, whether for remuneration or not; (g) "principal employer", in relation to a dock worker employed or to be employed by or throughany agency (including a contractor), means the person in connection with those work he is employedor is to be employed by such agency; (h) "regulation" means a regulation made under this Act.

(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 thinksfit to be Inspectors subordinate to the Chief Inspector for the purposes of this Act at such ports as may bespecified 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 meaningof the Indian Penal Code (45 of 1860),

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 otherpremises, where any dock work is being carried on, or where he has reason to believe that any dockwork is being carried on; (b) make examination of the ship, dock, lifting machinery, cargo gear, stagings, transportequipment, 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 theemployment 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 anyevidence tending to incriminate himself; (e) take copies of registers, records or other documents or portions thereof as he may considerrelevant in respect of any offence which he has reason to believe has been committed or for thepurpose of any inquiry; (f) take photograph, sketch, sample, measure or record as he may consider necessary for thepurpose of any examination or inquiry; (g) hold an inquiry into the causes of any accident which he has reason to believe was the resultof the collapse or failure of lifting machinery, transport equipment, staging or non-compliance withany of the provisions of this Act or the regulations; (h) issue show cause notice relating to the safety, health and welfare provisions arising under thisAct or the regulations; (i) prosecute, conduct or defend before any court any complaint or other proceedings arisingunder this Act or the regulations; (j) exercise such other powers as may be conferred upon him by the regulations.

(1) If it appears toan Inspector that any place at which any dock work is being carried on is in such a condition that it isdangerous to life, safety or health, of dock workers, he may, in writing, serve on the owner or on theperson in charge of such place an order prohibiting any dock work in such place until measures have beentaken 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 Inspectorwho may modify or cancel the order without waiting for an appeal.