The Dock Workers (Regulation of Employment) Act, 1948

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

In this Act, unless there is anything repugnant in the subject or context, -- 1[(a) "Board" means a Dock Labour Board established under section 5A;] 2[(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 porton work in connection with the loading, unloading, movement or storage of cargoes, or work inconnection with the preparation of ships or other vessels for the receipt or discharge of cargoes orleaving port; (c) "employer", in relation to a dock worker, means the person by whom he is employed or to beemployed as aforesaid; (d) "Government" means, in relation to any major port, the Central Government and, in relationto any other port, the State Government; (e) "scheme" means a scheme made under this Act.

(1) Provision may be made by ascheme for the registration of dock workers 1[and employers] with a view to ensuring greater regularityof 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 bespecified therein; (b) for defining the obligations of dock workers and employers subject to the fulfilment of whichthe scheme may apply to them and the circumstances in which the scheme shall cease to apply to anydock workers or employers; (c) for regulating the recruitment and entry into the scheme of dock workers, 2[and theregistration of dock workers and employers], including the maintenance of registers, the removaleither temporarily or permanently, of names from the registers and the imposition of fees forregistration; (d) for regulating the employment of dock workers, whether registered or not, and the terms andconditions of such employment, including rates of remuneration, hours of work and conditions as toholidays and pay in respect thereof; (e) for securing that, in respect of periods during which employment, or full employment, is notavailable for dock workers to whom the scheme applies and who are available for work, such workerswill, subject to the conditions of the scheme, receive a minimum pay; (f) for prohibiting, restricting or otherwise controlling the employment of dock workers to whomthe scheme does not apply and the employment of dock workers by employers to whom the schemedoes not apply; 3[(ff) for creating such fund or funds as may be necessary or expedient for the purposes of thescheme and for the administration of such fund or funds;] (g) for the training 4*** of dock workers, in so far as satisfactory provision therefore does notexist apart from the scheme; 5[(gg) for the welfare of the officers and other staff of the Board;] 6* * * * * * (i) for the manner in which, and the persons by whom, the cost of operating the scheme is to bedefrayed; 7(j) for constituting 8*** 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 purposesof the scheme. (3) A scheme may further provide that a contravention of any provision thereof shall be punishablewith imprisonment for such term as may be specified but in no case exceeding three months in respect ofa first contravention or six months in respect of any subsequent contravention, or with fine which mayextend to such amount as may be specified but in no case exceeding five hundred rupees in respect of afirst contravention or one thousand rupees in respect of any subsequent contravention, or with bothimprisonment and fine as aforesaid.

(1) The Government may, by notification in theOfficial Gazette and subject to the condition of previous publication, make one or more schemes for aport or group of ports, and may in the like manner and subject to the like condition add to, amend, vary orrevoke any scheme made by it. (2) The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897), shall apply to theexercise of a power given by sub-section (1) as they apply to the exercise of a power given by a CentralAct 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 suchinstructions as may from time to time be given to it, one or more draft schemes for the port, and the portauthority shall comply with such direction.

(1) The Government may, or if it decides to make any scheme undersection 4, shall, constitute an Advisory Committee, to advise upon such matters arising out of theadministration 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 ofsuch 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 theGovernment, nominated in this behalf by the Government. (4) The Government shall publish in the Official Gazette the names of all members of the AdvisoryCommittee. 2* * * * * *