Subject NOT available

Provided that the creation of posts the maximum salary of which exclusive of allowances Is up to Rs. 300 per month and appointment of persons to such posts shall be subject to clauses 8(1) and 10(1) (j);

(h) the keeping of proper accounts of the cost of operating the Scheme and of all receipts and expenses under it, and making and submitting to the Board a report and audited balance-sheet;

(1) Ihe framing of the budget annually, submitting the same to the Board on or before the fifteenth day of February, In each year and getting it approved by the Board;

(j) maintaining complete service records of all registered dock workers;

and

(k) such other functions as may from time to time, subject to the provi- sions of the Scheme, be assigned to it by the Board, the Chairman or the Deputy Chairman.

13. Labour Officer,—(1) The Board may appoint a Labour Officer to carry out such functions as may be assigned to him consistent with the provisions of the Scheme.

(2) The Administrative Body, when it consists of employers of dock workers shall appoint a Labour Officer with the approval of the Board. The Labour Officer shall, under the supervision and control of the Administrative Body c a ny out such functions as may be assigned to him by that Body consistent With the provisions of the Scheme.

14. Functions of the Personnel Officer.—The Personnel Officer shall aasiat the Deputy Chairman generally In the discharge of his duties and shall, In particular, carry out functions vested In him under clause 46.

15. Officers appointed by the Central Government for proper working of the Scheme.—(1) Notwithstanding the provisions of clauses 5, 6, 12, and 14, the Cen- tral Government may in its discretion appoint from time to time, in consultation with the Chairman of the Board, one or more officers and entrust to such officer or officers such functions as it may deem fit for the proper working of the Scheme.

(2) The officer or officers appointed under sub-clause (1) shall be subject to the general supervision and control of the Chairman and be paid from the funds, of the Board. Such officer or officers shall hold office for such period and on such terms and conditions as the Central Government may determine.

16. Maintenance of registers, etc—(1) Employers' register.— (a) There shall be a register of employers.

(b) In so far as the application of the Scheme to stevedore labour Is concerned, every stevedore or stevedoring firm working as a stevedore at the commence- ment of the Scheme shall be entitled to be registered under the Scheme but no such person or firm shall be so entitled unless the person or firm applies for registration on or before the date so fixed by the Board for the purpose.

(c) Persons or firms other than those who are deemed to have been registered under item (b) shall not be registered as stevedores unless the Board considers It expedient and necessary to do so and in case shall a person be registered until he has been licensed in that behalf by the Kandla Port Trust

(d) The Board may, subject to such conditions as it may, with the previous approval of the Central Government prescribe in this behalf, permit persons or firms registered under item (b) or (c), to form one or more groups, and each group so formed shall be treated as one employer only for employment of monthly worker.';:

Provided that the Board shall have power to make with the previous approval of the Central Government such alterations or modifications in the conditions prescribed, as it may deem necessary from time to time-

Provided further that the Board may revoke, from such date as it may specify the permission given to any group of employers, if, after giving an opportunity to the group of employers to show cause against the proposal and after con- sidering Its representations If any, the Board Is satisfied that the group at employers has failed to comply, In part or In full, with the conditions prescribed for the formation of such group, and thereupon the said group shall stand dis- solved from such date-

(2) Workers' Registers.—(a.) The workers' registers shall be maintained in the forms prescribed by the Board for this purpose.

(b) The registers of stovedore workers shall be as under, namely:—

(i) Monthly Register.—Register of workers who are engaged by each steve- dore on contract on monthly basis and who are known as monthly workers.

(ii) Reserve Pool Register.—Register of workers other than those on the monthly register and known as Reserve Pool workers. This register shall Include a sub-pool of stevedore mazdoors to fill casual vacan- cies In gangs. The workers included in such a sub-pool shall be known as leave reserve workers.

17. Classification of Workers In Registers—(1) The Board shall arrange for the classification of workers by categories in the registers.

(2) Dock Workers registered under the Scheme shall be classified into:—

(a) Workers. (b) TIndals. (c) Winchmen (d) Hatch Formen. (e) Slgnallars. (f) Tally clerks.

18. Fixation ot number of workers on the register.—(l) The Board shall in consultation with the Administrative Body or otherwise determine, before the commencement of registration in any category, the number of workers required In that category.

(2) A registered employer or a group of employers may subject to such condi- tions as may be prescribed by the Board in this behalf increase the number of workers on the monthly registers by. selecting workers from the reserve pool.

19. Registration of existing and new workers.—(l)(a) A dock worker who on the date of commencement of this Scheme Is already working with the Kanclla Stevedores Aasociation shall be eligible for registration. But no such person shall be so eligible unless he applies for registration on or before the date fixed by the Board for this purpose;

(b) The qualification for new registration shall be such age as may be pres- cribed by the Board having regard to local conditions but not exceeding 40 years, physical fitness, capacity and/or experience. Indian Nationals only: shall be eligible for registration:

Provided that in the case of ex-service personnel the age limit may be relaxed upto 45 years by the Board.

(c) Registration of workers in any new category shall be done from among workers who have been or were working in the port on any such date as the Board may- prescribe in this behalf and selection for registration shall be made as far as possible on the basis of seniority, i.e. in the order of the total period for which a dock worker has worked in that category provided that the worker is medically fit and is not more than 60 years of age.

(2) The following principles shall apply in respect of registration of new categories which may after the date of enforcement of the Scheme be Included In Schedule I—

(a) Before a worker is registered in any of the above categories, the Board shall under clause lft(l) make a thorough Investigation with a view to arriving at an estimate of the number of workers In that category that are likely to be required out of all the bonjaflde workers in that category who may then be working in the docks.

(b) There shall be a provisional registration based on the anticipated requirements and the mere fact that a worker has been working before in the port shall not automatically render him eligible for registration.

(o) After the provisional registration has been completed, the booking In -n shall start without allowing at that stage any financial

*fc. I(U)1 THE GAZETTE OF INDIA £Jt 1KAURUIWAK.X 171

benefits other than wages which accrue to registered dock workers under the Scheme.

(d) A re-assessment of the requirement shall be made after six months in the light of the actual employment obtained by workers provision- ally registered and the provisional registration shall then be adjusted accordingly. The payment of attendance allowance under clause 83 only shall commence from that time.

(6) The working under these conditions shall be examined after a year of the introduction of the rotational booking with a view to fixing the number of days for which the guaranteed minimum wages under clause ?,2 should be paid. From then onwards the workers will be entitled to all the benefits under the Scheme.

(t) The minimum number of days in a month for which wages are guaranteed under clause 32 to categories of workers previously regis- tered shall not automatically be claimed by workers of the categories to be registered after the date of enforcement of the Scheme. Such minimum number of days may from category to category deter- mined under item (e).

(g) The wages of the workers in categories which may be registered after the date of enforcement of the Scheme, shall be such as may be fixed by the Board from time to time.

(8) The Board may from time to time permit the registration of workers temporarily for such periods and on such terms and conditions of service ai the ; Board may specify:

Provided that the workers registered temporarily shall be entitled to attend- ance allowance under clause 33 and shall have the same obligations as registered dock workers in the reserve pool.

(4) Any fresh recruitment, whether on a temporary or permanent basis in any category in which dock workers have already been registered under the Scheme shall be done from amongst workers registered with the local Employ- ment Exchange- If. however, the requirement exceeds the number of suitable men available on the register of the Employment Exchang on the day of the requisition, direct recruitment may be made in respect of the vacancies remaining after recruiting suitable men from the Employment Exchange.

(6) New workers registered under item (c) of sub-clause (l) will be on pro- bation for a period of three months before being placed on a permanent basis on the registers.

(6) Notwithstanding any other provision of the Scheme, where the Board is of opinion that a dock worker has secured his registration by furnishing false information in his application or by withholding any information required therein or where It appear that a worker has been registered improperly or Incorrectly, the Board in meeting may direct the removal of his name from the registers:

Provided that before Riving any such direction, the Board shall #ive him an opportunity of showing cause why the proposed direction should not be. issued.

20. Promotion and transfer of workers.—(1) A vacancy, other than a casual vacancy, in any category of workers in a reserve pool register shall ordinarily be filled by promotion of a worker from the next lower category.

(2) A vacancy other than a casual vacancy, in any category of monthly workers may be filled only toy promotion from lower categories of monthlv workers of the same employer or group of employers or, if no person is suitable for promotion from lower categories of monthly workers of the same emDlover or group of employers, by transfer of a worker in the same or from the reserve pool who may be selected by a registered employer or a group of employers.

Explanation.—The criteria for promotion shall ordinarily be: —

00 Beniority, (b) merit and fitness for work in the category to which promotion Is to be made, and

(c) record of past service.

NOTE.—A transfer from the reserve pool register to the monthly register in the some category or vice versa shall not be deemed a promotion.

(3) The Chairman or the Deputy Chairman may for sufficient and valid reasons allow the transfer of a monthly worker to the reserve pool on a request in writing of the employer or the worker explaining fully the reasons for the transfer provided that such transfer shall be subject to the fulfilment of any contract subsisting between the monthly worker and his employer regarding termination of employment. No transfer shall take place without the prior approval ot the Chairman or the Deputy Chairman,

(4) If the services of a monthly worker are terminated by an employer for an act of indiscipline or misconduct, he may apply to the Board for employment In the reserve pool. The Deputy Chairman on behalf of the Board shall then decide on the merits of the ease whether or not the worker should be employed and if so, whether In the same or a lower category.

(5) If a monthly worker is transferred to or employed in the reserve pool under sub-clause (3) or sub-clause (4), as the case may bej his previous service shall be reckoned for all benefits in the reserve pool and the employer shall transfer to the Board ail benefits that have accrued to the worker in respect of his previous service as if such service had not been transferred. The employers shall in particular contribute to the Board such amount as may be appropriate towards the worker's leave, Provident Fund or gratuity that may be due to him on the date of such transfer.

21. Medical Examination.—(1) A new worker before registration shall undergo, tree of charge, a medical examination for physical fitness by a Medical Officer, nominated by the Chairman for this purpose. A worker found medically unfit by a Medical Officer may apply in writing to the Chairman and simultaneously deposit with him such fees as may be prescribed in this behalf, for examination by a Medical Board. On receipt of such a request, the Chairman shall set up a Medical Board. The decision of the Medical Board shall be final and a worker who is medically unfit shall not be entitled to registration.

(2) If the Administrative Body deems it necessary, a worker shall undergo !ree of charge a medical examination by a Medical Board to be constituted by the Chairman. The decision of the Medical Board shall be final. If a worker Is found permanently unfit by the Medical Board the Chairman shall terminate ils services forthwith.

22. Facilities for training—The Board shall make provision for training of iultable registered workers in the duties of winch-drivers or in any other duties Ike signalling etc., that it may deem necessary

23. Registration fee,—A registration fee of rupees two shall be payable to the 3oard by each worker at the time of registration under the Scheme:

Provided, however, that the fee for workers registered at the commencement if the Scheme shall be rupee one.

24. Supply of cards.—(1) Every registered worker shall be supplied free of cost vith (i) an Identity Card, (ii) an Attendance card and (iii) Wage slips in the brma prescribed by the Board.

(2) In case of loss of a card, a fresh card will be issued but the cost thereof vhlch will be fixed by the Board, shall be payable by the worker concerned.

25. "Service Records" for registered workers.—A "Service Record" for every nonthly and daily worker shall be maintained by the Administrative Body in a orm to be prescribed by the Board which shall contain, among other things, i complete record of disciplinary actions taken against the worker, promotions, ommendations for good work etc. Such details in respect of monthly workers, hall be supplied to the Administrative Body by the registered employers.

26. "Record Sheets" for registered employers.—The Personnel Officer shall larntain a Record' Sheet", in respect of each registered employer in a form to ie prescribed by the Board which shall contain, among other things, a complete ecord of disciplinary actions taken against the registered employer.

21'. Surrender of cards.— tl) A worker's caid shall be surrendered to the Ad- ministrative Body In any of the following circumstances, namely:—

(a) when proceeding on leave for three days or more; fb) when retiring from service; (c) when dismissed or discharged from service; (d) when temporarily suspended; or t.e) on death.

(2) Every employer of a monthly worker will also surrender the card of the stud worker to the Administrative Body in the circumstances specified in sub-clause (1).

2E. lintries in Attendance Card and Wage Slip.—'(1) A registered dock worker in the reserve pool shall hand over to the Administrative Body ai; the time he is allocated for work, to a registered employer his attendance card. The Administrative Body shall make necessary entries in the Attendance Card in respect of the period of work done toy the worker and return it to him before the expiry of his engagement. For each day of work, the Administrative Body shall supply as soon as possible a wage slip showing the wages earned by 0 worker.

(2) A monthly worker shall hand over to his employer at the time when he ia allotted work on a ship his Attendance Card. The said employer shall make necessary entries in the card in respect of the period of work done by The worker and return it to him before the conclusion of his allotted work. For each day of work, the employer shall supply as soon as possible a wage slip showing the wages earned by a worker.

29. Employment 01 Workers.—(1) A monthly worker of a particular category attached to a registered employer or a group of employers shall be entitled to be employed for work in that category by that employer or group of employers, in preference to any worker of the same category in the reserve pool.

(2) If the number of workers on the monthly register in a particular cate- gory is not sufficient for the work available, the workers on the reserve pool register in that category shall (be employed,

(3) A monthly worker of one employer or a group of employers shall not be employed by anothei employer or group of employers, except with the pre- vious approval of the Chairman or the Deputy Chairman.

30. Employment In Shifts.—(1) Workers shall be employed in shifts.

(2) (a) A worker shall not ordinarily be employed in two consecutive shifts nor shall a worker be employed in two consecutive shifts on each of two suc- cessive days. In no case shall a worker bo employed in three consecutive shifts.

(bj Normally a- worker in the reserve pool shall not be employed for more than 6 shifts in a week or 27 shifts in a month, but when there is shortage of pool workers, the pool workers may be employed upto 0 shifts in a week or 33 .shifts in a month.

(c) Normally ix monthly worker shall not be employed for more than 6 shifts in a week or 27 shifts in a month, but when worker in the reserve pool who has not reached the maximum limit of employment defined in item (b) above is not iivailablfc, a monthly worker may be employed upto S shifts in a week or 33 shifts in a month.

(d) In special circumstances, the Chairman may relax temporarily the res- trictions under items (b) and (c) to the extent necessary.

(e) Workers working more than one shift in a day will be entitled to the normal rate of wages for work in each shift,

(3) Workers of each category on the reserve pool register shall be allotted work by rotation.

(4) Where work is carried on n.\ a gang, the allotment of workers by rotation shall be Iby gangs.

31. Filling up of Casual Vacancies.—Casual vacancies in the monthly and reserve pool registers shall be filled up by rotational booking.

32- Guaranteed Minimum Wages in a month—(1) A worker in the reserve pool register shall be paid wages at least for twelve days In a month at the wage rate, inclusive of dearness allowance as prescribed by the Board appropriate to the category to which he permanently belongs, even though no work is found for him for the minimum number o£ twelve days in a month. The days on which work is allotted to the worker shall be counted towards the twelve days men- tioned above. The guaranteed minimum wages in a month shall be :—

(a) for the number of days for which wages are guaranteed in a month subject to the condition that the worker attended for work on all days of the month as directed by the Administrative Body; or (b) proportionate to the number of days on which the worker attended for work provided he was excused from attendance on all the re- maining days of the month.

(2) Subject to the provisions of sub-clause (1) the minimum number of days in a month for which wages are guaranteed may be fixed by the Board for each year on the basis of the monthly average employment obtained iby the workers in the reserve pool in the lowest categories of stevedore workers during the preceding year until the minimum number of days reaches 21, provided the number so fixed shall not, in any case, be less than the number, in the prece- ding year.

NOTE.—The method of assessing the average employment is detailed in SCHEDULE II.

(3) The minimum number of days for which wages shall be guaranteed under sub-clause (1) and (2) shall not automatically apply to workers in new categories that may be registered after the date of enforcement of the Scheme. The minimum, number of days for which wage shall be guaranteed to these categories shall be determined under clause 19(2) (e). The annual reflxation of the minimum number of days as under sub-clause (2) shall be done indepen- dently in their case also.

Explanation.—In this clause a day' shall mean a 'shift'.

S3. Attendance Allowance.—Subject to the other provisions of the Scheme, a worker on the reserve pool register who is available for work but for whom no work is found shall be paid attendance allowance exclusive of deamess allow- ance at the rate of ru|pee one and twentyflve paise per day for the days on which during a calendar month he attended for work as directed by the Admi- nistrative Body and no work was found for him :

Provided that the Board may allow payment of attendance allowance exclu- sive of dearness allowance at such higher rate not exceeding rupees two as it may deem necessary;

Provided further ihai no attendance allowance shall be payable for any day for which full wages, inclusive of dearness allowance, have been paid under clause 32 or otherwise or for which disappointment money is paid under clause 35.

34. Employment for a shift—No worker in the reserve pool register shall be employed for a period of less than a shift and where the work for which a worker has been engaged is completed during the working period of the shifts he shall undertake such other work in or at the same or another vessel or berth as may be required by the same employer for the remainder of the period and if no such other work is made available to him, he shall be paid in the following manner:—

(i) if he is engaged on time rate basis, he shall Ibe paid the time rate wages for the entire shift;

(ii) if he is engaged on a piece rate basis, he shall be paid in addition to the piece rate wages earned by him in that shift, the calculated doily time rate wage for the period he Is rendered idle for want of work.

(2) Where a worker is allotted to a registered employer for work in a particular shift but the worker alter reporting to the berth, ia not engaged by the employer for the reason that the ship has not been berthed, he may be required to work for another employer in another ship berthed at the same place during that Bhifl

33. Disappointment Money—When a worker In the reserve pool presents him- self lor work and for any reason the work for which he has attended cannot commence or proceed and no allernatlve work can be found for him and he U relieved within 2 hours of his attending for work, he shall be entitled to disap- pointment money equal to half the wage rate, inclusive of clearness allowance appropriate to the category to which he belongs. A worker detained for more than 2 hours shall be paid full wages Inclusive of dearness allowance.

36. Holidays.—Euch worker shall be entitled In a year upto a maximum of 1 holidays with pay at such rates as may be prescribed by the Board under clause 42. Any payment so made shall be exclusive of the payment calculated under clause 32.

37. Committees,—The Board may appoint one or more committees to whom it may entrust such of its functions a9 it may deem necessary to facilitate compliance with the provisions of the Scheme and may abolish or; reconstitute them a3 it may deem necessary- Persons who are not members of the Board mayj If neces- sary, be nominated as cc-opted members of a committee. Such co-opted members, however, shall not have any right of vote-

38- Obligation of Regi§tered Dock Workers—XI) Every registered dock worker shall be deemed to have accepted the obligations of the Scheme-

(2) A registered dock worker in the reserve pool who is available for work shall be deemed to be in the employment oi' the Board.

(3) A registered dock worker in the reserve pool who is available for work shall not engage himself for employment under a registered employer unless he is allocated to that employer by the Administrative Body.

(4) A registered dock worker in the reserve pool who is available for work shall carry out the directions of the Administrative Body and shall—

(aj report at such call stands or control points and at such times as may be specified by the Administrative Body and shall remain at such call stands or control points—

(i) throughout the period of the shift, if instructed by the Administrative Body to that effect, on payment of such retention allowance as may be prescribed by the Board; or

(11) for such period not exceeding one hour, as may be specified; and

(b) accept any employment in connection with dock work, whether In the category In which he has been registered or in any other category for which he is considered suitable by the Administrative Body.

(5; A registered dock worker who is available for work when allocated by tke Administrative Body for employment under a registered employer shall carry o"t his duties iti nceorrlance with the directions of such registered employer or bin authorised representative or supervisor and the rules of the port or place where he Is working.

39. Obligations of Registered Employers.—(1) Every registered employer shall accept the obligations of the Scheme.

(2) Subject to the provisions of clause 29, a registered employer shall not employ a worker other than a dock worker who has been allocated to him by the Administrative Body in accordance with the provisions of clause 12(e).

(3) A registered employer shall In accordance with arrangements made bf the Administrative Body submit all available information of his current a nl future labour requirements.

(4) A registered employer shall lodge with the Administrative Body, unleiB otherwise directed, particulars of the tonnage handled by workers on piece rat# and such other statistical data a3 may 'bo required in respect of the register** dock workers engaged by him.

(5) (i) A registered employer shall pay to the Administrative Body In such manner and at such times as the Board may direct the levy payable under clause 54(1) and the gross wages due to daily workers-

(11) A registered employer shall make payments as contributions to the Dock Workers Welfare Fund under clause 57.

(6) A registered employer shall keep such records as the Board may require, and shall produr-e to the Board or to such persons as may be designated by the Board upon reasonable notice all such records and any olher documents of any kind relating to registered dock workers and to the work upon which they have been employed and furnish such information relating thereto as may be set out in any notice or directions issued by or on behalf of the Board

40. Restriction on Employment-—(1) No person other than a registered employer shall employ any worker on dock nor shall a registered employer engage for emploiinent or employ a worker on dock work unless that worker is a registered dock worker-

(2) Notwithstanding the foregoing provisions of sub-clause (1)—

(a) where the Administrative Body Is satisfied that-—

(i) dock work is emergency required to be done, and (il) it is not, reasonably practicable to obtain a registered dock worker for that work;

The Administrative Body may, subject to any limitations Imposed by the Board, allocate to a registered employer a person who Is not a registered dock worker- In selecting such workers the local TJmployment Exchange shall, as far as possible, tee consulted;

Provided that, whenever unregistered workers have to be employed, the Administrative Body shall obtain, if possible, the prior approval of the tihalrmim to the employment of such workers, and %vhere this Is not possible, shall report to the Chairman within 24 hours the full' circumstances under which such workers were employed and the Chairman shall duly inform the Board of such employ- ment at its next meeting;

(b) the Board may, subject to such conditions as it may specify, permit employment of unregistered workers on a holiday, if dock work is required to be done on that day. to the extent registered workers are not available for work;

(c) in the cases referred to in items (a) and (b) the person so employed as aforesaid by a registered employer shall, for the purposes of sub- clauses (4), (5) and (6) of clause 39 and clause 42 be treated in respect of that dock work as if he were a daily worker.

(3) A registered dock worker in the reserve pool may, provided he fulfils fully MB obligations under clause 38, take up occasional employment under employers Other than those registered under the Scheme on those days on which he is not allocated for work t>y the Administrative Body,

41. Circumstances in which the Scheme ceases to apply.—(1) The Scheme shall cease to apply to a registered dock worker when his name has been removed from the register or record in accordance with the provisions of the Scheme.

(2) The Scheme shalJ cease to apply to a registered employer when his name has been removed from the employers' register in accordance with the provisions of the Scheme.

(3) Nothing in this clause shall affect any obligations incurred or right accrued during any time when the person was a registered dock worker or a registered employer.

42. Wages, Allowances and Other Conditions of Service of Workers.—Unless Otherwise specifically provided for in the Scheme, it shall be an implied condition of the contract between a registered dock worker (whether in the reserve pool or on the monthly register) and registered employer that—

a) the rates of wages, allowances and overtime, hours of work, rest inter- vals, holidays and pay in respect thereof and other conditions of service shall be such as may be Drescrlbed by the Board for each category of workers; and

(b) the fixation of wage period, time for payment of wages and deductions from wages shall be in accordance with the provisions of the Payment of Wages Act, 1936 (4 of 1986).

43. Wages, Allowances and Other Conditions of Service of Gang Worker and Winchdriver.—(1) Unless otherwise specifically provided for in the Scheme, it shall be an implied condition of the contract (between a registered dock worker in the, categories of Winchdriver and gang worker (whether in the reserve pool or on the monthly register) and a registered employer that the rates of wages, allowances and overtime, hours of work, rest intervals, holidays and pay in res- pect thereof and other conditions of service shall be such as may be prescribed by the Board for each category of workers subject to the provisions of sub-clauses (2), (3), (4), (5), (6) and (7).

(2) The Board shall appoint a Committee consisting of representatives of registered emplo3'ers. Shipping Companies, workers and the Port Authority and a nominea of the Central Government to determine the norms for output in res- pect of cargoes of different kinds, and/or Lines and/or Zones. Should the Com- mittee not be able to prescribe agreed norms within a period of two months of having been asked to do so, the Chairman of the Board may determine such norms and submit them to the Central Government for approval, These norms shall be adopted as standard output required of workers. The same procedure shall be followed if and when a revision of the norms is considered necessary by the Board.

(3) The Board shall, by regulations, relate the wages earned to the actual output of workers. The regulations shall be submitted to the Central Govern- ment for approval before implementation.

(4) The regulations framed under sub-clause (3) shall inter alia provide for the following:—

(i) A worker shall be entitled to the normal wage prescribed by Board if he with the other members of his gang produces the standard output. (ii) If the actual output of a gang is more or less than the sianduid output, the normal wage shall be enhanced or reduced in such proportion as may be determined by the Board-

(iii) Provided that the earnings of a worker shall in no case be lower than a guaranteed daily wage to be fixed by the Board from time to time subject t ) the condition that it shall not be less than 3/5th of the normal wage.

fiv) A worker will be entitled to a time-rate wage to be prescribed iby the Board, for any period or periods for which loading arid unloading may be held up for reasons beyond the worker's control, such a* inclement weather, non-availability of cargo etc.

(v) Notwithstanding the provisions of item (il) a worker or a- gang of workers who fails to produce the standard output in more than 50 per cent of the shift worked during Q month shall .be liable to dis- ciplinary action for inefficiency.

(5) Should the Board fail to devise suitable regulations under sub-claus" (3), the Central Government may direct the Board that a piece-rate scheme approved by the Central Government should be adopted and the Board shall be bound to cttrry out the directions 30 given.

(6) A worker on the monthly register shall draw wages on a, calculated daily time-rate basis for the days for which he is entitled to payment but is not allotted any work.

(7) The Board may, if necessary, enforce the provisions of sub-clauses (1) to (9) in such stages as may be approved by the Central Government.

<8) The fixation of wage periods, time for payment of wages and deductions from wages shall be in accordance with the provisions of the Payment of Wafles Act, 1936 (4 of 1936).

(6) Notwithstanding the provisions contained in sub-clauses (1) to (7) the Central Government may, if it so decides, set up such other body as It may deem fit for determining any or all of the matters referred to in the said sub-clauses an* the decision of the Central Government on the recommendations of the said body shall be final and binding.

(10) The workers to whom this clause applies shall be governed by th" pro- visions of clause 42 so long as—

(i) regulations have not been framed under sub-clause (3) and enforced, or (ii) the; Central Government has not issued a direction to the Board under sub-clause (5), or

(iii) the Central Government does not give any decision on the recommenda- tions of the body under sub-clause (9).

44. Pay in respect of Unemployment or Under-Employment.—0) Subject to the conditions set out in this and the next following clause, when, in any vragu period, a registered dock worker in the reserve pool is available for work but is not given employment or full employment, he shall toe entitled to receive from the Board such amounts as may be admissible to him under clauses 32, 33 end 35. (2) The conditions subject to which a registered dock worker is entitled to the said payment (if any) from the Board are that—•

(a) he attended as directed at the call stands or control points; and (b) his attendance was recorded.

43. Disentitlement to Payment.—(1) A registered dock worker who while in the reserve pool fails without adequate cause to comply with the provisions of clause 38(4), or fails to comply with any lawful order given to him by or on behalf of the Board, may be proceeded with in accordance with sub-clause (3).

(2) A registered dock worker in the reserve pool who, while in employment to which he has been allocated by the Administrative Body, fails without any adequate cause to comply with the provisions of clause 38(5) or fails to comply with any lawful orders given to him by his employer, may have hifi engagement terminated and may be returned to the reserve pool and whether or not he la BO returned may be reported in writing to the Labour Officer, When a registered dock worker is so returned to the reserve pool, the Administrative Body shell endorse his Attendance Card accordingly.

(3) The Labour Officer shall consider any matter arising under sub-clause (1) or sub-clause (2) and if, after investigating the matter, he notifies the registered dock worker that he is satisfied that the registered dock worker has failed to comply with a lawful order as aforesiad, the registered dock worker shall not be entitled to any payment, or to such part of any payment under clause 44 as the Labour Officer thinks fU In respect of the wage period in which such failure occurred or continues.

46. Disciplinary Procedure.—(l)(i) The Personnel Officer on receipt of the information whether on a complaint or otherwise, that a registered employer has failed to carry out the provisions of the Scheme may after investigating the matter, give him a warning in writing, or

(11) Where in his opinion, a higher penalty is merited, he shall report the case to the Deputy Chairman, who may then cause such further investigation to be made as he may deem lit and take any of tho following steps as regards that employer that is to say, he m a y-

fa) censure, him and record the censure in his record sheet; or (b) subject to the approval of the Board and after one month's notice in writing given to the registered employer, inform the Administrative Body that the name of the employer be removed from the employero' register for such period as may be determined by the Board or permanently in ea^se of a grave offence.

42) A registered dock worker in the reserve pool, who fails 10 comply with any of the provisions of the Scheme, or commits any act of indiscipline or misconduct, may be reported hi writing to the Labour Officer who may after investigating the matter take any of the following steps as regards that worker, that ia to BBJ, he may—

(a) determine that, for such period as he thinks proper, that worker shell

not bo entitled to any payment or part payment under clause 44;

iW give him a warning in writing; or (c) suspend him without pay for a period not exceeding three days.

of opinion that the act of indiscipline or misconduct ia so serious that m% S O (a) Where in a case reported to the Labour Officer under sub-clause (²)

SSC "(li) ] THB GAfcfcTtE Of ifcbtA feXTKAOWMNAHV t y9

worker should not be allowed to work any longer, the Labour Officer may, pending Investigation of the matter, suspend the worker and report immediately to the Deputy Chairman, who after preliminary investigation of the matter shell pass orders thereon whether the worker should, pending final order, remain suspended or not;

(b) where a worker has been suspended by an order under item (a) he shall be paid for each day of suspension a subsistence allowance equivalent to the attendance allowance provided in clause 33 or one-fourth of his dally wage including dearness allowance, whichever is greater:

Provided that for the period of suspension in excess oi a month, the Chairman may, In exceptional cases, grant a higher subsistence allowance not exceeding hali the total dally wage including clearness allowance;

(c) the subsistence allowance so paid shall not be recoverable or liable to forfeiture in any case whatsoever;

(d) where a worker ia found not guilty, hei shall be entitled to such payments as the Administrative Body certifies that the worker would have received on the time rate basis or under clause 33 had he not been suspended provided that the amounts so payable shall be reduced by the amount of subsistence allowance payable or already paid during a particular period.

(4) Where, in the opinion of the Labour Officer a higher punishment thun that provided in sub-clauses (2) anrt (3) Is merited he shall report the case to the Deputy Chairman.

(5) On receipt of the written report from the Labour Officer under sub-clause (4) or from the employers or any other person that a registered dock worker in the reserve pool has failed to comply with any of the provisions of the Scheme or has committed an act of indiscipline or misconduct or has consistently failed to produce the standard or datum output or has been inefficient in any other manner, the Deputy Chairman may make or cause to be made such further investigation as he may deem fit, and thereafter take any of the following steps, as regards the worker concerned, that is to say he may impose any of the following penalties:—

(a) determine that, for such period as he thinks proper, the worker shall not be entitled to any payment or part payment under clause 44;

(b) give him a warning in writing; (c) suspend him without pay for a period not exceeding three months; (d) determine his services after giving 14 days' notice or 14 'lays' wages

inclusive of deamess al'owpnc" in lieu thereof: or

(e) dismiss him.

(8) Before any action Li taken undar this clause the person concerned shall be given an opportunity to show cause why the proposed action should not be taken against him.

(7) The Administrative Body shall be informed, simultaneously about the action taken under thi3 clauae.

(8) Notwithstanding anything contained in clauses 45 and 46, the powers vested In the authority specified in column (1) of the Table below under the provisions specified In column (2) of the said Table, shall also be exercisable by the authority specified in the corresponding entry in column (3) In such casew as the last named authority may specify in writing in this behalf.

TABLE

Authority empowered to take action

Power given

under

Authority empowered to lake action in specified cases

(3)

(2)

(1)

Administrative Body Deputy Chairman or Chairman. Chairman.

Clauses 45 and 46 Clause 4G Clause 4t>

I. Labour Officer % Personnel Officer 8. Oaputy Chairman

I g0 T1flft-UA*KTTE O*' INWA flkTRAORWNARV |f\*a\ I t*

(P) Without prejudice to the powers of the Chairman under clauses 47 and 53 a. registered, employer shall havti lull powers to take disciplinary action agatnsi montniy workers employed under him.

47. Special Disciplinary Cowers ol the Chairman 6J the Boart.—Notwith- standing anything contained in the Scheme, If the Chairman is satisfied that a go-slow baa been resorted to by any gang of registered dock workers or by any sucn individual worker and is being continued or repeated by ihe same gang or Worker or dlttereut gangs or worker* on the same or different ships, he may make a declaration in writing to that effect.

(2) When a declaration under sub-clause (1) has been made, It shall b# lawful for the Chairman—

(i) in the cas" of monthly workers, to take, without prejudice to the rights of the registered employer's, such disciplinary action including dis- missal, against such workers, "3 ho may consider appropriate; and

(ii) in the case Of registered dock workers in the reserve pool to take such disciplinary action including dismissal against such workers as he may consider appropriate and also to order forfeiture of their guaranteed minimum wages and attendance allowance for the wage period or periods in which the 'go-slow' has been resorted to.

(3) The Chairman may take disciplinary action—

fi) where, the 'go-slow' is reported, to by a gang, against, au me members of the gang; and

(ii) where the 'go-slow' is restarted to by a worker, against the worker con- cerned.

(4) Before any disciplinary action is taken under this clause against any worker or any gang of workers, such worker or gang shall be given an oppor- tunity to show cause why the proposed action should not be taken against him or it:

fro video, mat the Chairman may, before giving an opportunity to show cause under this sub-clause suspend from , work any worker or gang or workers immediately after a declaration has been made under sub-clause(l).

(5) (a) Where a worker has been suspended pending enquiry, he ahaU be paid for eaoh day of suspension a. subsistence allowance equivalent to the attendance allowance provided in clause 33 or one-fourth of his daily wage including clearness allowance, whichever is greater; provided tha-t for the period ol suspension in excess of a month, the Chairman may, in exceptional cases grant a higher subsistence allowance net exceeding half the total daily wage including dearneaa allowance;

(b) the subsistence allowance so paid shall not be recoverable or liable to forfeiture in any case whatsoever;

(c) where a worker la found not guilty, he shall be entitled to such payments in respect of the period of his suspension as the Administrative Body may certify that the worker would have received on the time rerte basis or under clause 33 had he not been suspended; provided that this amounts so payable shall be reduced by the amount of subsistence allowance already paid during that period.

48. Termination o* Employment.—(1) The employment of a registered dock worker in the reserve pool shall riot be terminated except in accordance with the provisions of the Scheme.

(2) A registered dock worker in the reserve pool shall not leave his employ- ment with the Board except by giving fourteen days' notice in writing to the Board or forfeiting fourteen days' wages Inclusive of dearness allowance In lieu thereof.

(3) When the employment of a registered dock worker with the Board has been terminated under "ub-clause (1) or sub-clause (2) above, his name shall forthwith be removed from thfe register or record bv the Administrative Body.

49. Appeals by Workers.—(1) Save as otherwise provided In this clause, a worker in the reserve pool who Is aggrieved by an order passed by an authority •poclflod in column (1) of the Ta"ble below Under tna" provisions specified In

column (2) of the said Table may-prefer "n appeal against, such order to th" authority specified .in column (3.) of the said Tnble.

TABI E

Authority passing order Order made under

i

i. Labour O.fioer

Cause 45 or Clause 46

2, Administrative Body Clause 45 or Clause 46

3 Deputy Chairman

Clause 46

A Chairma

Clause 46

(2) A worker who IK aggrieved by an order—

Appellate Authority

•3

Deputy Chairman

Deputy Chairman

Chairman

Central Government

(1) placing him in a particular group in the register ot records; or (ii) refusing registration under clause 19; or (ili) requiring him under clause 38(4) (b) to undertake any work which is not of the same category to which he belongs;

may prefer an appeal to the Chairman.

(3) Any dock worker who is aggrieved by an order under clause 20(4) may prefer an appeal to the Chairman.

(4) No appeal shall lie where due notice has been given of the removal of the name of a registered dock worker from the register or record in accordance with the instructions of the Board/if the firound of removal is that the registered dock worker falls within n class or description of dock woi'kers whose names are to be removed from the register' or • record in order to reduce the size thereof:

Provided that an appeal shall lie to the Chairman where the registered dock worker alleges that he does not belong to the class or description of dock workers referred to in the instructions of the Board.

(5) Every appeal referred to in sub-clauses (1), (2), (3) or (4) shall be In writing and preferred within 14 days of-the date of receipt of the order appealed against and the order passed on such appeal shall be final and conclusive:

Provided that the appellate authority may, for reasons to be recorded, admit an appeal preferred after the expiry of 14 days.

(6) An appellant shall not be entitled to be represented by a legal practitioner before the appellate authority but he shall be entitled to be represented by a representative of the registered trade union of which he la a member or by a registered dock worker.

50. Appeals by Employers.— (1) (a) A registered employer who Is aggrieved by an order of the Personnel Officer under clause 46(1)(i) may appeal to the Deputy Chairman whose order shall be final.

(b) If a registered employer is aggrieved by iin original order of the Deputy Chairman, under clause 48(1)(ii). he may appeal to the Chairman. The order of the Chairman In respect of an appeal against an order under clause 50(1) (11) (a) shall be final. In the case of an appeal against an order under clause 46(l)(ii)(b), the Chairman shall forthwith refer the matted to the Central Gov- ernment- The Central Government shall make such order on the appeal ns if Jhjnks fit,

(c) If a registered employer Is aggrieved by an order of the Labour Officer under clause 46(2), or an order of the Deputy Chairman under clause 46(3). he may appeal to the Deputy Chairman or the Chairman, as the case may be, and any order made on such appeal by the Deputy Chairman or the Chairman shall be final.

(2) A stevedore who has been refused registration under clause 16(1)(c) may appeal to the Central Government through the Chairman. The order of the Central Government shall be final.

(3) If a registered employer in aggrieved by any original order at the Chair- man against him under clause 46, he may prefer an appeal to the Central Gov- ernment. The Central Government shall make such order on the appeal as it thinks fit.

(4) Every appeal referred to in sub-clauses (1), (2) and (3) shall be in writ- ing and preferred within 14 days of the receipt of the order appealed against:

Provided that the appellate authority may for reasons to be recorded admit on appeal preferred after the expiry of 14 days.

(5) An appellant shall not be entitled to be represented by a legal practitioner before the appellate authority but ho shall be entitled to be represented by a representative of the association of registered employers of which he Is a member or by a registered employer.

51. Power of Revision of the Ohalrman and the Deputy Chairman.—Not with- standing anything contained In the Scheme, the Chairman, in the ease of an order passed by the Deputy Chairman under clause 48, or the Deputy Chairman in the case of an order Dassed by the Personnel Officer or the Labour Officer as'the ca"e mav be. under the said c'ause, may, at any time, call for the record of any proceeding In which the Deputy Chairman or the Labour Officer, as the case may be. had nassod the order, for the purpose of satisfying himself as to the legality or p-onrlety thereof and may pass such order in relation thereto as he mav think fit:

Provided that the Chairman or the Deputy Chairman, shall not pass eny order under this clause which mav Drejudicially affect the Interests of any person without giving such person a reasonable opportunity of being heard.

52. Stay of Ondiw in ease of certain Anpeats.—Where an appeal Is lodged by a wo-ker In accordance with Ihe tiro-visions of Clause 49 against an order of termin- ation of service on 14 days' notice or where an apoeal is lodged by an employer in accordance with the nrovislons of clause 50 against an order removing his name from the employers' register under clause 46(1) (11) (b), the appellate authority may suspend, the operation or the order appealed from pending the hearing and disposal of the appeal.

53. Sueclal DrovMons for action in an Ernei-gency.—(1) if (lt nnv time th* Chairman Is sa^fled that an emergency has 8A,*n wbt i wil1 S u l l T a f f e ct the working of the port, he may. by order in writing and for s w* 3& as he may from time to time specify therein, make a declaration to that effect

s i o nf s h ^ a p l l y? n a ^ e l y ^ ** ^^ < " > * "" '<*". the following provi-

( ¹) " ™ ? tyt tl l e r a t lT ils m a^e that a registered employer has failed to carrv out the provisions of the Scheme, the Chairman mav after holdlnir a summary innuiry Into the alienation, take any of the followW steps as regards that employer, that is lo say, he may--

(a) give the registered employer a warning in writing, or (b) direct that the name of the registered employer 'shall be removed

S ' r l r Jr°m -the "nPl°yeW register either venvnn^Uv Tffr such period as he may determine.

(ii) If any alienation of Indiscipline, "go-slow" or misconduct I" made t " , $ &? r e^ ?t e r ed d o c fc worker, the Chairman X suspend him forthwith pending enquiry, hold n sumrrinry Inquiry inTo the MWrtHnU

and take any one or more of the following steps against that worker, that is to say, he may—

(a) determine thnt for such period as hq thmks proper, that worker

shall not be entitled to any payment under clause 44;

(b) give him a warning in writing: (c) suspend him without pay lor a period not exceeding three months: (d) terminate his services after giving 14 days' notice or 14 days' wages

inclusive of dearness allowance in lieu thereof; or

(e) dismiss him-

(iii) (a) Where a worker has been suspended pending enquiry, he shall be paid for each day of suspension a subsistence allowance equivalent to the attendance allowance provided in clause 33 or one-fourth of his daily wage including dearness allowance, whichever Is greater; provided that for the period of suspension In excess of month, the Chairman may, in exceptional cases grant- a higher subsistence allowance not exceeding half the total dally wage including dearnes? allowance.

(b) The subsistence allowance so paid shall not be recoverable or liable to forfeiture in any case whatsoever.

(e) Where a worker is found not guilty, he shall be entitled to such pay- ments in respect of the period of his suspension as the Administrative Body may certify that the worker would have received on the time rate basis or under clause 33 had he not been suspended, provided that the amount so payable shall be reducer' by the amount of subsistence allowance already paid during that period.

(3) The provisions of the Scheme relating to disciplinary action against registered employers and registered dock workers shall riot apply to any order passed by the Chairman under sub-clause (2).

(4) No appeal shall VK from any order passed by the Chairman under sub- clause (2)

(5) Notwithstanding anything contained in the Scheme, so Jong as an order under sub-clause (1) is in force, the Chairman may authorise the employment of unregistered workers directly by registered employers and payment to such unregistered workers directly-

54. Coat of operating the Scheme.—(1) The cost of operatinfi the Scheme shall be defrayed by payments made by registered employers to the Board. Every registered employer shall pay to the Board such amount by way of levy in respect of reserve pool workers together with and at the same time as the payment of gross wages due from him under clause 39(5)(i), as the Board may, from time to time, prescribe by a written notice to registered employers. If considered necessary, the Board may require any registered employer to pay such amount by way of levy in respect of monthly workers at such rate as it may determine und the amount payable by way of such levy shall not be less than such amount as the Board may fix as the minimum payable by every registered employer.

(2) In determining what payments are to be made by registered employers under sub-clause (1), the Board may fix different rates of levy for different categories of work or workers, provided that the levy shall be so fixed that the same rate of levy will apply to all dock employers who are in like circumstances-

(3) The Board shall not sanction any levy exceeding hundred per cent of the estimated totnl wage bill calculated on the basis of the daily wage rate without the prior approval of the Central Government.

(4) A registered employer shall on demand make ft payment to the Board by way of deposit, or provide such other security for the due payment of the amount referred to in sub-clause (1). as the Board may consider necessary.

(5) The Administrative Body shall furnish from time to time to the Board such statistics and other Information as may reasonably be r e q u i re in connection with the¹ operation and financing- of the Scheme.

SCHEDULE

Le&ve Reserve Workers) as on lat October 1965 and 3lst October 196^ should be ascertained- The average strength on the register, of these categories should be ascertained by adding the two figures and divldl;).!* by 2.

(h) The Lotjl number ol' man-shifts worked by gang workers 01! the cate- gories I'tiorred lo in (a) during the month should ko. ->scertained from Ihc! daily employment statistics.

((•) The totaL number of man-days ol' authorised or unauthorised leave taken by the above workers should be ascertained. Thi> figure should be divided by the number of working days in the moiah to ascertain the average number of workers away on leave.

Ui) The ngures ascertained as in (c) should be deducted from the average obtained as In (a) to arrive at the effective strength 01 workers available during the montti.

(e) The figure of man-shifts ascertained under (b) should be devided by the effective strength ascertained as in (d)- The figure arrived at will be the average number of days of employment during the month of October, 1005.

(g) The average employment figures for the 12 months should be added and divided by 12.

(h) The figures arrived at in (,#) above should bo fixed a.s tho minimum number of day3 for which wages will be fiuaranteed for the following 12 months ending 30th September, 1967.

he following example will illustrate.

Suppose the total number of gang workers and Leave Reserve Workers in the reserve pool as on 1st October 1965

2,000

Suppose the total number of ganp, workers and Leave Reserve Workers in the reserve pool as on 31 st October, 1965

1,990

3,050

Average strength on the register for the month

3,950 2 1,975

Total number of manshifts worked by the workers of the above categories in October, 1965

36,000

Total number oL man-days authorised or unautho-

rised leave taken by the workers

5,250

Number of working days in the said month (31 days of the month loss one non-working day)

30

Average number of workers away on leave

5,250

30

= 1715

1975—175=1,800 Effective strength available during the month

Average employment for the month of October.

1985

36,000

l,8"0

=•20 days

The same procedure will be Hollowed to arrive si the average employment for the remaining 11 months Let us as&ume the flai /"s are aa follows •—

20

21

18

20

18

19

20

19

ia

19

20 October 1965 November 19(J5 December 1905 January 1966 February 1966 March 1966 April 196G May 1066 rtme 1S0I1 July l"56 August 1960 September 1936

16

Total:--

228

The number o£ days for which wages will be ffuaranteerl tor the next 12 months ending 30th September 1967 will be 228/12=19 days.

[No. 58/2/fla-Fac.U.I

K. D. HAJELA, Under Secy.

HBVRD "T TBK aSNERAl "MANAOIK, OOVBHNMKI T ~ O T ~ n m i A" PBBM. WWW DELHI AND PUBLISHBD BY THE MANAOKR OF PUBLICATIONS, DELHI, 1BOH