गैसष्ट्री सं० ही 221
REGISTERED No. D.
भारत की राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग -खण्ड 3 - उपखण्ड ( ii )
PART II - Section 3-Sub-section ( ii)
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं ० 261] मई विल्नी , शनिवार , अक्तूबर 16, 1965 / प्राश्विन 24, 1887 No. 261 ]
NEW DELHI, SATURDAY , OCTOBER 16 , 1965 / ASVINA 24 , 1887
इस भाग में भिन्न पृष्ठ संख्या दी जाती हैं जिससे कि यह अलग संकलम के रूप में रखा आ सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LABOUR & EMPLOYMENT
NOTIFICATION
New Delhi , the 15th October 1965
S.O. 3253.- In exercise of the powers conferred by sub - section ( 1 ) of section 4 of the Dock Workers ( Regulation of Employment ) Act , 1948 ( 9 of 1948 ) , the Central Governmentment hereby makes thethe following further amendment in the Calcutta Unregistered Dock Workers ( Regulation of Employment ) Scheme , 1957 , the same having been previously published as required by the said sub - section , namely :-
1. This Scheme may be called the Calcutta Unregistered Dock Workers ( Regu- lation of Employment ) Amendment Scheme , 1965 .
2. In the Calcutta Unregistered Dock Workers ( Regulation of Employment ) Scheme, 1957 ( hereinafter referred to as the said Scheme) , in clause 2 the follow- ing words shall be added at the end , namely :-
"and to ensure efficient performance of work by the said workers . "
3. In clause 3 of the said Scheme , after item ( g ) , the following item shall be inserted , namely :--
" ( gg ) " Labour Officer " means the Labour Officer appointed under clause 6B of the Scheme . "
4. In clause 5 of the said Scheme ,
( i ) after sub - clause 1 ( a ) , the following sub - clause shall be inserted , namely:-
" ( aa) to ensure that proper and adequate supervision , as laid down by the Board , over the workers employed on the ships , is provided by the listed employers and that the provisions of the Scheme in regard to the work on vessels are duly complied with . "
( 1033 )
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( 11 ) in sub -clause 2 ( b ) , after the brackets , figure and letter " ( 1 ) ( a ) " , the brackets , figure and letters " (1 ) ( aa) " shall be inserted .
5. After clause 6 -A of the said Scheme, the following clause shall be inserted , namely:-
"6 -B. Labour Officer . The Board shall appoint a Labour Officer who , under the supervision and control of the Administrative Body , shall carry out such functions as may be assigned to him by the Administrative Body consistent with the provisions of the Scheme and shall, in particular , carry out the functions vested in him under clause 14. "
6. In clause 8 of the said Scheme , after sub - clause ( 6 ) , the following sub- clause shall be inserted , namely :-
" ( 7) Notwithstanding any other provision of this Scheme , the Board- in- meeting may direct the removal of the name of a listed employer who has not transacted any work for two consecutive years:
Provided that before giving any such direction , the Board shall give the employer an opportunity of showing cause why the proposed direction should not be issued ."
7. In clause 9 of the said Scheme , after sub-clause ( 3 ) , the following sub- clause shall be inserted , namely:-
" (3 -a) Notwithstanding any other provision of this Scheme , the Board-in- meeting may by order direct the removal permanently or for such period as may be specified in the order , of the name of a listed worker who does not make himself available for work: Provided that before giving any such direction the Board shall give such listed worker an opportunity to show cause why the proposed direction should not be issued . "
8. In clause 11 of the said Scheme , after sub - clause 7 , the following sub- clause shall be added , namely:-
" ( 8 ) A listed employer shall not pay a listed worker anything in cash or in excess of the wages normally and actually due to the worker . "
9. In clause 13 - A of the said Scheme , after sub- clause ( 2 ) , the following sub- clause shall be added , namely :-
" ( 3 ) Notwithstanding anything contained in sub -clauses ( 1 ) and ( 2 ) , the Central Government may , determine all or any of the matters referred to in the said sub -clauses on the recommendation of any body set up by it and any such decision of the Central Government shall be final and binding on the Board . "
10. In clause 14 of the sald Scheme-
( 1 ) after sub - clause 1 ( a) , the following sub-clause shall be inserted , namely:-
"Provided that more than one breach of the provisions of the Scheme shall in any event be reported to the Deputy Chairman ." ;
( ii) for sub - clause ( 3 ) , the following sub -clause shall be substituted , namely:-
" ( 3 ) ( 1 ) A listed dock worker in the pool under the category of Chipping and Painting workers , who fails to comply with any of the pro- visions of the Scheme . or commits any act of indiscipline or mis- conduct , may be reported against in writing to the Labour Officer .
(11 ) A listed dock worker in the pool of other categories who fails to comply with any of the provisions of the Scheme, or commits any act of Indiscipline or misconduct , may be reported against in writing to the Personnel Officer .
( iii) The Labour Officer or the Personnel Officer , as the case may be , after investigating the matter may give him a warning in writing or suspend him for a period not exceeding seven days ." ;
( iii ) in sub -clauses ( 3 - A) , ( 4 ) and ( 5 ) , for the words " Personnel Officer" , wherever they occur ,occur , the words "Labour Officer or Personnel Officer , as the case may be , " shall be substituted;
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Suc. 3(11)]
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(iv) in sub -clause ( 5) , after the words " or has consistently failed to produce the standard output , " the words
"or has violated the provisions of the Scheme more than once" shall be inserted.
11. In sub -clause ( 1 ) of clause 16 of the said Scheme, for the words "Personnel Officer" , the words "Labour Officer or Personnel Officer , as the case may be, " shall be substituted .
[No. 529 / 43 / 65 -Fac . ]
N. N. CHATTERJEE , Jt . Secy .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1965