REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 22] NEW DELHI, SATURDAY, JANUARY 17, 1970/PAUSA 27, 1891
Separate pacing is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF LABOUR, EMPLOYMENT AND REHABILITATION
(Department of Labour and Employment)
NOTIFICATION
New Delhi, the 16th January 1970
S.O. 231,—The following draft of certain Scheme for the Chipping and Paint- ing Workers of the port of Calcutta which the Central Government proposes to make 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), is published as required by the said sub-section for the information of all persons likely to be affected thereby and notice is hereby given that the draft will be taken into consideration on or after the 17th February, 1970.
2. Any objections or suggestions which may be received from any person with respect to the said draft before the date so specified will be considered by the Central Government.
THE CALCUTTA CHIPPING AND PAINTING WORKERS (REGULATION OF EMPLOYMENT) SCHEME, 1970
1 Name of the Schemes.—(1) The Scheme may be called the Calcutta Chipping and painting Workers (Regulation of Employment) Scheme 1970 (hereinafter refer- red to as 'the Scheme').
(2) The Scheme shall come into force on the date of its publication in the official gazette.
2. Objects and Application.—The objects of the Scheme are to ensure—
(1) greater regularity of employment of Chipping and Painting workers by maintaining an adequate but not more than adequate number of such workers.
( 6 7)
gg THE GAZETTE OF INDIA EXTRAORDINARY [PART II—(ii) the achievement of efficient performance in Dock work and attainment of satisfactory levels of productivity by the Chipping and Painting workers.
(iii) progressively, more and more full monthly employment for the Chipping and Painting Workers under the Registered Employers, and thus ful- fil the ultimate objective of complete decasualisation of .the work-force,
(2) The Scheme relates to the port of Calcutta within the limits .specified in Schedule III and applies to the classes or descriptions of Chipping and Painting work and Chipping and Painting workers set out in Schedule-I.
Provided that the Scheme shall not apply to any Chipping and Painting worker who is not specified in Schedule-I,
(3) The Scheme shall apply to registered Chipping and Painting workers speci- fied above and their registered employers, and does not apply to the workers—
(a) engaged in class or description of work carried out by the Calcutta
Port Commissioners.
(b) engaged in class or description of work carried out at the wharves or
by Ships' Crew (excluding harbour Crew).
(c) engaged in class or description of work carried out in relation to any
ship of the Indian. Navy.
3. Interpretation.—In this Scheme, unless there is anything repugnant in the .subject or context—
(a) engaged in class or description of work carried out by the Calcutta 1948 (9 of 1948):
(c) engaged in class or description of work carried out in relation to any Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948):
(d) "Chairman" means the Chairman of the Calcutta Dock Labour Board; (e) "Deputy Chairman" means the Deputy Chairman of the Calcutta Dock
Labour Board;
(g) "dock employer" means the person by whom a Chipping and Painting worker is employed or Is to be employed and includes a group qf dock employers formed under item (f) of sub-clause (1) of clause 15;
(h) "dock work" means operations at places or premises to which the Scheme relates, ordinarily performed by the dock workers of the classes or descriptions to which the Scheme applies.
(I) "employers' register" means the register of employers of Chipping and Painting workers maintained under the Scheme.
(j) "Labour Officer" means the Labour Officer appointed by the Adminis- trative Body under clause 12.
(k) "monthly worker" means a registered Chipping and Painting worker who Is engaged by a registered employer or a group of such employers on monthly basis under a contract which required for Its termination at least one month's notice on either side.
(1) "Personnel Officer" means the Personnel Officer appointed by the Board under clause 5.
(m) "register or record" means the register or record of Chipping and Painting workers maintained under the Scheme.
(n) "registered Chipping and Painting worker" means a Chipping and Paint- ing worker whose name is for the time being entered in the register or record.
(o) "registered employer" means a Chipping and Painting employer whose name Is for the time being, entered in the employers' register.
(p) "reserve pool" means a pool of registered Chipping and Painting workers who are available for work and who are not for the time beinn in the employment of a registered Chipping and Painting employer or a group of dock employers as monthly worker
SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 69(q) "vessel" means an ocean-going vessel or ship whose gross registered tonnage is not less than 350 tonnes and includes all crafts belonging to the Calcuta Port Commissioners;
(r) "week" means the period commencing from the midnight of Saturday ending on the midnight of the next succeeding Saturday.
4. Administrative Body.—(a) The Central Government may by notification in the Official Gazette appoint a body consisting of such employers of Chipping and Painting workers as the Central Government may nominate iit this behalf to be the Administrative Body and from among the members so nominated one person shall be appointed as the President of the Administrative Body.
(b) The Central Government may for sufficient cause remove any Administra- tive Body appointed under sub-clause (a), provided that the Administrative Body shall not be removed unless it has "been given reasonable opportunities of being heard-
(c) The Administrative Body shall subject to the supervision and control of the Board and the Chairman and subject to the provision of clauses 43 and 44 carry out the day to day administration of the Scheme.
(d) If the Body consisting of employers of Chipping and Painting workers is not appointed as an Administrative Body or the Administrative Body is removed 'by the Government for any reason, the Deputy Chairman shall then constitute the Administrative Body.
(e) If the Deputy Chairman constitutes the Administrative Body he may be assisted by an Administrative Superintendent in the discharge of his function •under clause 11.
(f) The Deputy Chairman when he is the Administrative Body may with the approval of the Chairman, delegate in writing to the Administrative Superinten- dent any qf the functions under clause 11.
5. Administrative Superintendent, Personnel Officer and other Servants of the Board.—The Board may appoint an Administrative Superintendent Personnel Officer and such other officers and servants and pay them such salaries and allow- ances and prescribe such terms and conditions of the service as It deems fit:
Provided that no posts the maximum salary of which exclusive of allowances is rupees One thousand and above per mensem shall be created, and no appoint- ment to such post shall be made by the Board except with the previous approval of the Central Government.
Provided further that the sanction of the Central Government shall not be necessary to any appointment In leave vacancy of duration of not more than 3 months.
6. Functions 0/ the Board.—The Board may take such measures as it may con- sider desirable for furthering the objectives of the Scheme set out in Clause 2 Including measures for: —
(a) ensuring adequate supply and full and proper utilisation of Chipping and Painting workers for the purpose of facilitating rapid and efficient performance of Chipping and Painting work In the Port,
(b) regulating the recruitment and entry Into and the discharge from the Scheme of Chipping and Painting workers and the allocation of regis- tered Chipping and Painting workers in the reserve pool to registered employers,
(c) determining and keeping under review, in consultation with the Adminis- trative Body, thjt number of registered employers and registered Chipping and Painting Workers from time to time on the registers or records and the increase or reduction to be made in the numbers in any such registers or records If the said review warrants the same for better efficiency and economy of operations;
(d) keeping, adjusting and maintaining the employers' registers, entering or re-entering therein the name of any Chipping and Painting employer and where circumstances so require, removing from the register the name of any registered employer, either at his own request or in accordance with the provisions of the Scheme;
(ej keeping, adjusting and maintains from time to time such registers or records, as may be necessary of Chipping and Painting workers includ- ing any registers or records of Chipping and Painting Workers who
70 THE GAZETTE OF INDIA EXTRAORDINARY [PART I[—are temporarily not available for dock work and whose absence hatr been approved by the Administrative Body, and where circumstances so require, removing from any register or record the r.ame of any registered Chipping and Painting workers either at his own request or in accordance with the provisions of the Scheme,
(f) the grouping or re-grouping cf, all registered Chipping and Painting workers into such groups as may be determined by the Board after consultation with the Administrative Body, and thereafter reviewing the grouping of any registered Chipping and Painting worker on the application of the Administrative Body or of the registered Chipping and Painting workers;
(g) restricting the number of categories, in the event of new registrations, by having as much flexibility of employment of workers as possible; (h) making provisions for the training and welfare of registered Chipping and Painting workers Including medical services, in sa far as such provision does not exist apart from the Scheme,
(i) levying and recovering from registered employers, contributions In res- pect of the expenses of the Scheme.
(j) making provision for health and safety measures in places where Chip- ping and Painting workers are employed in so Jar as such provision does not exist apart from the Scheme,
(k) maintaining and administering a Provident Fund, Gratuity Fund and Voluntary Retirement Fund for registered Chipping and Painting workers,
(1) borrowing or raising money and Issuing debentures or other securities and, for the purpose of securing any debt or obligation, mortgaging or charging all or any part of the property of the Board.
(2) The income and property of the Board from whatever source derived shall be applied solely towards the objects of the Scheme Including health, safety, train- ing and welfare measures for Chipping and Painting workers including assistance by way of grant of loan or otherwise to Co-operative Societies formed for the exclusive benefit of Chipping and Painting workers and the sta/r of the Board) and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of benefit tp the members of the Board, provided that nothing herein shall prevent the payment of reasonable and proper remuneration and expenses to any officer or servant of the Board or to any member Of the Board in return for any services actually rendered to the Board nor prevent the payment of interest at a reasonable rate of money lent or reasonable and proper rent for premises demised or let. by any members to the Board nor urevent the incurring of expenditure on welfare measures, If any, for the staff of the Board-
(3) The Board shall cause proper accounts to be kept of the cost of operating the Scheme and of all receipts and expenses under the Scheme.
(4) The Board shall submit to the Central Government—
(1) as soon as may be after the first day of April in every year and not later than the thirty first jJay of October, an annual report on the working of the Scheme during the preceding year ending the thirty first day of Marcji together with an audited Balance Sheet; and
(il) copies of proceedings of the meetings of the Board.
7. Responsibilities and Dutifs of the lioard-in-Meetinq.—The Board in meeting shall bo responsible for dealing1 with all matters of policy and in particul&r may—
(a) fix the number of workers to be registered under various categories; (b) increase or decrease the number of registered Chipping and Painting workers in any category on the register from time to time as may be necessary after a periodical review of the registers and anticipated requirements;
(c) sanction the temporary registration of a specified number of workers in any category for a specified period and under specified terms and conditions;
(d) consider registration of new employers on the recommendation of the
Chairman;
(e) prescribe forms, records, registers, statements, and the like required to
be maintained under the scheme;
.fiEC. 3(li)] THE GAZETTE OF INDIA EXTRAORDINARY 71(f) determine the wages, allowances and other conditions of service and reflx the guaranteed minimum wa?ea In a month after annual review:
(gl fix the rate of levy under clause 52; (h) fix the rate of contribution to be made by registered employers to the Dock Workers' Welfare Fund;
(i) appoint, abolish or reconstitute committees under clause 36, (j) sanction the Annual Budget; (k) appoint the Personnel Officer and the Administrative Superintendent: (1) subject to the provisions of clause 5, sanction the creation o* posts and make appointments to such posts;
(m) make recommendations to the Central Government about changes In Schedule I;
(n) make recommendations to the Central Government about any modifica- tions in the Scheme;
(o) endeavour to settle disputes about which a request for adjudication has been made to the Central Government by the parties concerned and report to the Government the results of such endeavours;
(p) discuss statistics of output of labour and turnround of ships and record its obsrevations and directions; and
(q) sanction the opening of accounts in such scheduled Banks as it may direct and the operation o" such accounts by such persons as the Board may from time to time direct.
8, Annual Estimates.—The Chairman shall, at a special meeting to be held before the end of February in each year, lay before the Board the annual budget as received from the Administrative Body under sub-item fvi) of item (h) of clause 11, for the year commencing on the first day of April then next ensuing in such detail and form as the Board may from time to time, prescribe. The Boaid shall consider the estimate so presented to it and shall, within four weeks of its presentation, sanction the same either unaltered or subject to such alterations as it may deem lit.
9. Responsibilities and Duties of Chairman-—(1) The Chairman shal] have full administrative and executive powers to deal with all matters relating to the day to day administration of the Scheme and in particular: —
(a) to ensure that the decisions of the Board in regard to the adjustment of
the workers' registers are carried out expedltlously;
(b) to ensure that the sanctions for temporary registration of workers are
carried out without delay;
(c) (i) to supervise and control the work of the Administrative Body or the
Administrative Superintendent;
(ii) to take suitable steps if any irregularities are detected by him or brought to his notice;
(d) to ensure that proper and adequate supervision as laid down by the Board Is provided' by the registered employers over the workers em- ployed on their ships;
(e) to ensure that the provisions of the Scheme in regard to transfer and
promotion of workers, are carried out;
(f) to constitute Medical Boards, when required; (g) to ensure that conditions, laid down in the Scheme, for the registration
of employers are complied with by them;
(h) to ensure that all forms, registers, returns and documents, prescribed under the Scheme, are properly maintained;
(i) to ensure that suitable statistics in regard to the output of labour and the turnround of ships are compiled and placed before the Board every quarter with appropriate remarks and explanations;
(j) to sanction the creation of posts the maximum salary of which exclusive of allowances is upto rupees six hundred per mensem and to make appointments to such posts;
(k) to take disciplinary action against workers and employers in accordance with the provisions of the Scheme;
(1). to allow relaxation in the maximum number of shifts per worker per week or per month, and to report such cases to the Board;
72 THE GAZETTE OF INDIA EXTRAORDINARY [PART H-*>(m) to declare that there has been a 'go slow' and to take action as autho- rised under the Scheme;
(n) to declare 'a state of emergency' and to take action as authorised; under the Scheme;
(o) to make a report, when necessary, to the Central Government under rule 5 of the Dock Workers (Regulation of Employment) Rules, 1S62;, (p) to sanction the transfer of a monthly worker to the reserve poDl at the request of the employer or the worker, as provided for lhi the Scheme; (q) to deal with appeals from workers and employers under clauses 47 and 48; (r) to illl an unexpected vacancy in the post of Deputy Chairman for a period .of less than one month and report such matter to Central Government for approval; and
(s) to discharge all other duties and responsibilities specifically vested In the Chairman under the Scheme.
(2) The Chairman may delegate in writing to the Deputy Chairman any of the functions under sub-clause (1) excepting those mentioned in items (j), (m), (n), (o), (q), (r) and (s). Such delegation, however; shall not divest the Chairman of his powers.
10. Responsibilities and duties of the Deputy Chairman.—The Deputy Chairman shall be a whole-time officer of the Board and shall assist the Chairman in the dis- charge of his functions and in particular shall—
(a) discharge such functions relating to disciplinary action against registered employers and Chipping and Painting workers as permitted under clauses 43 and 44;
(b) exercise such other functions as are delegated to him in writing by the
Chairman;
(c) function as Chairman of Committees of the Board of which he may be
nominated as a member;
(d) preside over the meetings of the Board in the absence of the Chairman; (e) carry out the functions of the Administrative Body as laid down in clause U, if the Administrative Body consisting of employers of Chip- ping and Painting workers is not constituted; and
(f) make appointments to posts the maximum salary of which exclusive of allowances is not more than five hundred and seventy five rupees per mensem.
11. Functions of the Administrative. Body.—Without prejudice to the powers and" functions of the Board, the Chairman and the Deputy Chairman, the Administrative Body or where he is entrusted to discharge such functions, the President shall be responsible for the administration of the Scheme and shall in particular be res- ponsible for: •—
(a) keeping, adjusting and maintaining the employers' register, entering or reentering therein the name of any dock employer and where circum- stances so require, removing from the register the name of any regis- tered employer, either at his own request or in accordance with the provisions of the Scheme;
(b) keeping, adjusting and maintaining from time to time such registers or tecordfl as may be necessary, of Chipping and Painting workers, in- ci^Lung any registers or records of Chipping and Painting workers who are temporarily not available for Chipping and Painting work and whose absence has been approved by the Administrative Body and where circumstances so require, removing from any register or record the name of any registered Chipping and Painting worker either at his own request or in accordance with the provisions of the Scheme and to carry out recruitment in any category of Chipping and PaintinR workers as sanctioned by the Board from time to time;
(c) discharge all functions relating to disciplinary action against registered Chipping and Painting workers to the extent permitted under clauses 43 and 44;
(d) maintaining and administering the Chipping and Painting workers Wel- fare Fund and recovering from all registered employers contribution towards the Fund in accordance with the rules of. the Fund framed under clause 54;
SE£. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 7 3(e) the grouping or regrouping of registered Chipping and Painting workers in accordance with the Instructions received from the Board In such groups as may be determined by the Board;
(f) the employment and control of registered Chipping and Painting workers available for work when they are not otherwise employed in accordance with Scheme;
(g) the allocation of registered Chipping and Painting workers In the reserve pool who were available for work to registered employers and for this purpose the Administrative Body shall—
(i) be deemed to act as an agent for the employer; (ii) make the fullest possible use of registered Chipping & Painting Workeri in the reserve pool;
(iil) keep the record of Attendance at Call stands or control points of regis- tered Chipping and Painting workers;
(lv) provide for the maintenance of records of employment and earnings; (v) subject to the allotment of work by rotation under sub-clause (3) of clause 29, allocate workers, in accordance with clauses 19 and 30; and (vi) make necessary entries in the attendance and wage cords of workers in the reserve pool as laid down in clause 27:
(h) The Administrative Body shall also be responsible for :—
(i) the collection of levy, contribution to the Chipping and Painting workers Welfare Fund or any other contribution from the employers as may be prescribed under the Scheme;
(11) the collection and operation of workers' contribution to the Provident Fund, Insurance Fund or any other fund which may be constituted Under the Scheme;
(liij the payment as agent of the registered employer to each daiJy worker of all earnings properly due to the worker from the employer and the payment to such workers of all monies payable by the Board to those workers in accordance with the provisions of the Scheme;
(Iv) appointing, subject to budget provision, such officers and servants from time to time as may be necessary.
Provided that the creation of posts the maximum salary of which exclusive of allowances is above rupees five hundred per month and appoint- ment of persons to such posts shall be subject to item (1) of clause 7 and Item (j) of sub-clause (1) of clause 9;
(v) 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 an annual report and audited Balance Sheet;
(vi) the framing of the Budget annually, submitting the same to the Board on or before fifteenth day ot February in each year and getting it approved by the Board;
(vii) maintaining complete service records of all registers Chipping and Painting workers;
(vlii) authorising the employment of unregistered Chipping and Painting workers in case registered Chipping and Painting workers are not available for work in the reserve pool or in such other circumstances as the Chairman may approve;
(ix) surti other functions as may from time to time, subject to the provisions of the Scheme, be assigned to it by the Board, the Chairman or the Deputy Chairman.
12. Labour Officer,—The Administrative Body, when it consists of employers of Chipping and Painting workers, shall appoint a Labour Officer or Labour Officers with the approval of the Board. The Labour Officer shall, under the supervision and control of the Administrative body, carry out such functions as may be assign- ed to him by that body consistent with the provisions of the Scheme and shall In particular carry out functions vested in him under clause 43 and 44.
13. Functions of the personnel officer—The Personnel Officer shall assist the Deputy Chairman generally In the discharge of his duties and shall in particular carry out functions vested in him under clause 44.
74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—14. Officers appointed by the Central Government for proper working of the
Scheme.—(1) Notwithstanding the provisions of clauses 4, 5, 11 and 19, the Central Government may in its discretion appoint from time to time in consultation with the Chairman one or more officers and entrust to such officer or officers such func- tions as It may deem fit for the proper working of the Scheme.
(2) Such Officer or Officers shall be subject to the general supervision and con- trol of the Chairman paid from the funds of the Board. He/they hold office for such period and on such terms and conditions as the Central Government may determine.
15. Maintenance of Registers etc (1) Employers' register—(a) There shall be register of employers, deemed to have been registered or registered, under item (b) or item (c) as the case may be.
(b) In so far as the application of the Scheme to the Chipping and Painting labour is concerned, the Chipping and Painting employer who on the date of com- mencement of the Scheme is registered under the Calcutta Unregistered Dock Workers (Regulation of Employment) Scheme 1957 shall be deem to have been registered under the Scheme.
(c) Persons or firms other than those who are deem to have been registered under item (b) shall not be registered as Chipping and Painting employers unless the Board considers it expedient and necessary to do so and in no case shall a person or a firm be registered unless he or it has been licensed in that behalf by the Calcutta Port Commissioners.
(d) If the licence of any registered employer is not renewed by the Calcutta Port Commissioners It shall automatically result the name of the employer being suspended from the employers' register.
(e) A registered employer who has had no work for two consecutive years shall be liable to have his name removed from the employer's register.
(f) The Board may, subject to such conditions as it may, with the previous approval of the Central Government prescribe in this behalf, permit persons regis- tered 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 workers such group or groups of employers must also obtain a license from the Calcutta Port Commissioners in order to operate as employer of Chipping and Painting workers in the port.
Provided that the Board shall have power to make, with the previous approval of the Central Government, such alterations or modifications in the conditions pres- cribed in items (b) to (e) 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 considering Its representations, if any, the Board is satisfied that the group of employers has failed to comply, in part or in full, with the conditions prescribed for the formation of such group, and the said group shall stand dissolved from such date.
(2) Workers Register.— (a) The workers' register shall be maintained in the forms prescribed by the Board for this purpose.
(b) The register of Chipping and Painting workers shall be as under: —
(i) Monthly Register-—The registered workers who are engaged by each Chip- ping and Painting employer on contract on monthly basis are known as monthly workers.
(11) Reserve Pool Register.—The registered Chipping and Painting workers other than those on the monthly register are known as Reserve Pool Workers. The Serang/Sirdar category shall all be on the monthly register and their allocation to different employers registers shall be decided by the Board.
(c) Full monthly employment of the workers under the registered employers being the ultimate objective of the Scheme, every endeavour should be made to take on more and more workers from the Reserve Pool to the monthly register. A mini- mum of 75 per cent of the total requirement of the work-force under the Scheme by the trade should be on the monthly register of the employers, within two years of this Scheme bein" put into effect.
SEp. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 7516 Classification of rvorkers on register.— (1) The Board shall arrange for the classification of the workers by categories in the registers.
(2) Chipping and Painting workers' registered under the Scheme shall be classi-
fied Into—
(a) Serang/Sirdar (Monthly register only) (b) Tindal. (C) 'A' Mazdoor. (d) 'B' Mazdoor. (e) C(L) Mazdoor.
17. Fixation of number of workers on'the register.—The Board shall, in consul- tation with the Administrative Body, and subject to the approval of the Central Government periodically determine the number of workers required in each cate- gory and arrange to adjust the worker registers accordingly. The Administrative Body shall, in accordance with the decision of the Board, arrange to register or deregister the workers with the least possible delay. The procedure for de-registra- tion shall be separately laid down by the Board-
18. Registration of Existing and new workers.—(1) Any dock worker who on the date of the commencement of the Scheme is already listed as a Chipping and Paint- ing worker under the Calcutta Unregistered Dock workers (Regulation of Employ- ment) Scheme, 1957 shall be deemed to have been registered under the Scheme.
(2) Registration of categories of Chipping and Painting workers not listed under
the Calcutta Unregistered Dock Workers (Regulation of Employment) Scheme, 1957
and future registration in categories (2), (3), (4) and (5) under Schedule I to this
Scheme:
(a) Fixation of number.—The fixation of the number of workers in categories not covered under the Calcutta Unregistered Dock Workers (Regulation of Employ- ment) Scheme, 1957 shall be done by the Board in consultation with the Adminis- trative Body who shall carry out for this purpose a thorough investigation in order to arrive at an estimate of the number of workers in that category that will be required by the trade. The number to be registered as determined by the Board shall be subject to approval by the Central Government.
(b) The principle and procedure for selection of workers for registration-.
(i) There shall be a provisional registration based on anticipated require- ments as determined by the Board and approved by the Government and the mere fact that a worker had been working before in the port shall not automatically entitle him to registration.
t(ii) For the purpose of selection of workers for registration from among clai- mants the Board shall appoint a Screening Committee composed of independent members, who would scrutinise the applications of all the claimants with the purpose of checking their authenticity and eligibility and prepare a final list of men in order of their seniority as determined by the length of period they had held a dock permit, (either permanent or monthly) continuously- Registration shall then be done serially in the order of seniority from the list thus prepared.
(iii) After the provisional registration has been completed, the booking In rotation within the number so registered shall start without allowing, at that stage, any financial benefits other than wages which accrue to registered workers under the Scheme.
(iv) A reassessment of the requirements shall be made after six months in the light of the actual employment obtained by workers provisionally re- gistered and the provisional registration shall then be adjusted accordingly. Thereafter the following benefits shall be extended to the workers;
(a) Payment of attendance allowance as under clause 32. (b) Holiday wages for Port closed days only. (c) Sick leave and casual leave as under the Scheme.
(v) The working under these conditions shall be examined after a vear of the introduction of the rotational booking with a view to fbrinff the number of days for which the guaranteed minimum wages unde" clause 31 should be paid. From then onwards the workers will bo entitled to all the benefits under the Scheme.
76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—(vl) The minimum number of days in a month for which wages are. guaranteed under clause 31 to categories of workers previously re- gistered under the Calcutta Unregistered Dock Workers (Regulation, of Employment) Scheme, 1956 shall not automatically be claimed by workers of the categories to be registered after the date of en- forecent of the Scheme. Such minimum number of days may vary from category to category as determined under item (v).
(vii) The wages of the workers in categories which, may be registered after the date of commencement of the Scheme, shall be such as may ba fixed by the Board from time to time.
(c) The upper age limit for new registration shall be 25 years and only Indian Nationals who are physically fit, capab.e and having experience shall be eligible for registration. New registration shall be done only in the lowest categories. Provided that in the case of ex-service personnel the upper age limit may be r e- laxed upto 45 years by the Dock Labour Board.
(3) The Masters of ships may engage the crew of the ships for Chippine and Painting work on their ships. In all other cases the registered Chipping and Painting workers shall be employed for such work and on requisition made by registered employer.
(4) The Board may from time to time permit the registration of workers temporarily for such period and on such terms and conditions of service that the Board may specify. De-registration after the specified period shall be done by the Administrative Body as per terms and conditions of such registration laid down by the Board.
Provided that the workers registered temporarily shall be entitled to atten- dance allowance under clause 32 and shall have the same obligations as registered Chipping and Painting workers in thn reserve pool.
(5) Any fresh recruitment whether on a temporary or permanent basis in any category in which Chipping and Painting workers have already been register- ed under the Scheme shall be done from amongst the workers registered with the Employment Exchange. If, however, the recruitment exceeds the number of suitable men available on the register in Employment Exchange on the date of requisition, direct recruitment after absorbing suitable men irom the Emp'oy- ment Exchange may be made.
(6) A monthly or registered Chipping and Painting worker shall retire on attaining the age of 58 years, provided that such a worker can continue to be in employment upto the age of 60 years subject to annual medical examination and obtaining a certificate that he continues to be physically fit for the work he is doing.
(7) New workers registered under Item (b) of sub-clause (2> will be on probation for three months before being placed on permanent basis on the register,
(8) Notwithstanding any other provision of the Scheme, where the Board is of opinion that a Chipping and Painting worker has secured his registration by furnishing false information in his application or by withholding any information required therein, or where it appears that a worker has been registered im- properly or incorrectly, the Board in meeting may direct the removal of his name from the registers:
Provided that before giving any such directions, the Board shall give him an opportunity of showing cause why the proposed direction should not be issued.
19. 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 casual vacancy in any category of monthly workers, may be filled only by promotion from lower categories of monthly workers in the same gang or, if no person is suitable for promotion from lower categories of monthly workers in the same gang, by transfer of worker In the same or a superior category from the reserve pool who may be selected by a registered employer or a group of employers.
SEC. 3(if)] THE GAZETTE OF INDIA EXTRAORDINARY 77.Explanation:—The criteria lor promotion shall ordinarily be:
(a) merit and fitness for work in the category to which promotion is to be
made, and
(b) record of past service, (c) seniority.
NOTE:—A transfer from the reserve pool register to the monthly register in the same category or vice-versa shall not be deemed a promotion.
(3) The Chairman or the Deputy Chairman may, for sufficient and valid rea- sons, allow the transfer of a monthly worker to the reserve pool on a request in writing of the employer or the worker, as the case may be, explaining fully the reasons for the transfer.
Provided that transfer in respect of a monthly worker to reserve pool shall1 be subject to the fulfilment of any contract subsisting between the monthly worker and his employer regarding termination of employment.
Provided further that no SeranglSirdar can be transferred to the reserve pool but may for sufficient reason be temporarily or permanently transferred from one employer to another by the Chairman or the Deputy Chairman in consulta- tion with the Administrative Body.
(4) If a monthly worker is transferred to or employed in the reserve pool under sub-clause (2) or sub-clause (3) as the case may be, his previous service shall be reckoned for all benefits in the reserve pool and the employer shall transfer to the Board all benefits that have accrued to the worker in respect of his previous service as if such service had not been transferred. The employer shall in particular contribute to the Board such amount as may be appropriate towards the workers' leave and gratuity that may be due to him on the date of such transfer.
(5"I The Chairman and Deputy Chairman in consultation with the Adminis- trative Body, may allocate from time to time such number of reserve pool workers to the monthly registers of the emp^yer as they may deem necessary in keeping with the objective of progressive nnd full decasuallsation of the work-force. The monthly registers of the employers shall, for this purpose, be subjected to an annual review by the Board.
(6) If a reserve pool worker is transferred to the monthly register, his pre- vious service shall be reckoned for all benefits other than Provident Fund in the monthly register and the Board shall transfer to the monthly employer -all benefits that have accrrued to the worker in resepect of previous service as if such service had not been transferred. The Board shall, in particular, transfer to the montr^y employer such amount as may be appropriate towards the workers' leave that may be due to him on the date of such transfer.
78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—23. Supply of Cards.^(l) Every registered worker shaU be supplied free of •cost, with the following cards in the forms prescribed by the Board, namely—
(i) Identity Card. (ii) Attendance Card. (iii) Wage Card.
(2) In case of loss of a card, a fresh card will bo issued, but the cost thereof which will be fixed by the Board, shall be payable by the worker concerned.
24. Service Record for Registered Workers.—A 'Service Kecord1 for every daily worker shall be maintained by the Administrative Body in a form to be prescribed by the Board which shall contain, among other things, such as a com- plete record of disciplinary actions taken against the workers promotion and commendations for good work. Such details in respect of monthly workers shall be maintained by the registered employers.
25. Record Sheet for Registered Employers.—The Personnel Officer shall maintain a 'Record Sheet in respect of each registered employer in a form to be prescribed by the Board which shall contain, among other things, a complete record of disciplinary actions taken against the registered employers.
26. Surrender of Cards—A worker's card (shall be surrendered to the Adminis- trative Body in the following circumstances namely:
(a) when proceeding on leave for three days or more; (b) when retiring from service; (c) when dismissed or discharged from service; (d) when temporarily suspended; or (e) on death;
Provided that the employer of monthly worker will also surrender the card of the worker to the Administrative Body in case of (a), (b) (c), (d) or (e).
27. Entries in Attendance Card and Wage Card.— (1) A registered Chipping and Painting worker in the reserve pool shall hand over his attendance card and wage card to the Administrative Body at the time he is allocated for work to a registered employer unless any of the cards has already been deposited with the said body previously and has not been returned to the worker. The Administra- tive Body shall arrange to make necessary entries in the Attendance Card and the Wage Card in respect of the period of work done by the worker and return them to him as soon as the entries have been made,
(2) A monthly worker shall hand over his attendance card and wage card to his employer at the time when he is allotted work on a shift unless any of the cards has already been deposited with the employer previously and has not been returned to the worker. The said employer shall make necessary entries in the cards in respect of the period of work done by the worker and return them to him as soon as the entries have been made.
28. Employment of Workers.—(1) A monthly worker of a particular category attached to 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 monthly register in a particular category is not sufficient for the work available, the workers on the reserve pool register in that category shall be employed.
03) A monthly worker of one employer or a group of employers shall not be employed by another employer or group of employers except with the previous approval of' the Chairman or the Deputy Chairman.
29. 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 succes- sive days. In no case shall a worker be employed in three consecutive shifts.
(b) A worker in the monthly register shall not be employed for more than •9 shifts in a week or 33 shifts in a month.
SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 79..(c) Normally a worker in the reserve pool, shall not be employed for more than 6 shifts in a week, but when a worker in* the monthly register who has not reached the maximum limit of employment denned in item (b) is not available, a reserve pool worker may be employed upto 9 shifts in a week or 33 shifts in a month.
(d) In special circumstances, the Chairman may relax temporarily the restric- tions under items (Ib) 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) Allotment of workers in rotation shall always be on individual basis.
Where work is carried on by gangs, the same shall be formed at the place of work from workers allotted.
30. Filling of Casual Vacancies.—Casual vacancies among the monthly workers shall be filled in the following manner, namely :—
(1) When a Tindal is absent, the vacancy shall be filled by an unbooked Tindal In the employment of the same employer and if no such Tindal is available, the vacancy shall be filled by an unbooked Tindal in the reserve pool and if no such Tindal is also available, then the vacancy shall be filled by the senior-most Chipping and Painting mazdoor available for work. Vacancies of Shipping and Painting mazdoor shall be filled by, the unbooked Chipping and Painting mazdoor of the same category of the same employer. When that is not avail- able, the vacancies shall be filled by workers of the same category in the reserve pool.
(2) Casual vacancy in the reserve pool shall be filled In the following
manner;—•
(a) When a Tindal is absent, tho vacancy shall be filled by a Tindal on attendance allowance. When no such person is available, the vacancy shall be filled by the senior most Chipping and Painting mazdoor available for work.
go THE GAZETTE OF INDIA EXTRAORDINARY [PART II—of clause 18. The annual reflxation of the minimum number of days, as under sub-clause (2), shall be done independently in their case also.
Explanation I.—In sub-clause (1), (2) and (9) of the clause, a 'day' shall
mean a 'shift'.
Explanation II.—For the purpose of this clause, the expression 'month' shall not include the days of weekly off.
32. 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 dear-ness allow- ance, at the rate of rupee one and paise seventy five per day for the days on which, during a monthly by wage period, he attended for as directed by the Administrative 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 that no attendance allowance shall be payable for any day for which full wages, inclusive of dearness allowance, have been paid under clause 31 of for which disappointment money is paid under clause 34.
33. 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 shift, he sha;ll 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 isi made available to him, he shall be paid for the entire shift:
Provided that if he is subject to piece-rate wages/incentive wBges under any agreement entered into between the registered employers and registered Chip- ping and Painting workers or any decision of the Board, he shall be paid at the .rates laid down therein,
34. Disappointment Money.— (1) When a worker in the reserve pool presents "himself for work and for ai\y reason the work for which he has attended cannot - commence or proceed and no alternative work- can be found for him and he is relieved within 2 hours of his attending for work, he shall be entitled to dis- , appointment money equal to half the time-rate wage, inclusive of dearness allow- ance, appropriate to the category to which he belongs. A worker detained for more than 2 hours shall be paid full time-rate wages inclusive of dearness allow- ance.
(2) Notwithstanding the provisions contained in sub-clause (1) the Board may prescribe a: different rate of disappointment money and the conditions under which it is to be paid.
39. Holidays.—Each worker shall be entitled to 8 holidays in a year with pay at such rates as may be prescribed by the Board under clause 41 Including all such days, which shall not exceed 6i in a year? as are declared by the Board as closed holidays. Any payment made under this cla-use shall be exclusive of the payment calculated under clause 31.
36. Committees.—The Board may appoint one or more Committees to whom i,t may entrust such of its functions as if may deem necessary to facilitate compli- ance with the provisions of the Scheme and may albolish or reconstitute them as it may deem necessary. Persons who are not members of the Board may, if necessary, be nominated as co-opted members of a Committee; such co-opted members, however, shall not have any right to vote.
37. Obligations of Registered Chipping and Painting Workers (1) Every registered Chipping and Painting worker shall be deemed to have accepted the obligations of the Scheme.
(2) A registered Chipping and Painting worker in the reserve pool who Is available for work shall be deemed to be in the employment of the Board.
(3) A registered Chipping and Painting 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
SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY _ _ !!(4) A registered Chipping and Painting worker in the reserve pool whci to available for work shall carry out the directions of the Administrative Body and .shall—
(a) report at such call stands or control points and at such times BS may be specified by the Administrative Body and shall remain at such call stands or control points—
(ii) for such period, not exceeding one hour as may be specified;
(b) accept any employment in connection with Chipping and Painting work, whether in the category in which he has been registered or in any other category for which he is considered suitable toy the Administrative Body;
(c) accept and agree to work under the provisions in Schedule IV or any other such incentive Scheme that may in future be introduced by the Board;, and
(d) accept and agree to a transfer to the monthly register of any regis- tered employer to whom he might be allocated by the Chairman or the Deputy Chairman,
(5) A registered Chipping and Painting worker who is available for work when allocated by the Administrative Body for employment under a registered employ' er shall carry out his duties in accordance with the directions of such registered employer or his authorised representative or supervisor and the rules of the port or place where he is working.
38. Obligations of Registered Employers,—(1) Every registered employer shall accept the obligations of the Scheme.
(2) Subject to the provisions of clause 28 and the relaxation given in sub- clause (2) of clause 18, a registered employer shall not employ a worker other than a Chipping and Painting worker who has been allocated to him by the Administrative Body in accordance with the provision of item (g) of clause 11.
(3) A registered employer shall, in accordance with arrangements made by the Administrative Body, submit all available information of his current and future labour requirements.
(4) A registered employer shall lodge with the Administrative Body, unless otherwise directed particulars, of output by workers on time-rate or piece-rate and such other statistical data as may be required in respect of the registered Chipping and Painting 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 52 and the gross wages due to daily workers.
(ii) A registered employer shall make payments as contributions to the Chip- ping and Painting Workers' "Welfare Fund under clause 54.
(iii) A registereed employer shall make payments as contributions to the Chip- Fund subscription recovered from the wages of the workers and the contribu- tion by the registered employers thereon, repayment of Provident Fund loan and interest on Provident Fund Loan within 15 days from the date of recovery. The cost of maintaining the Provident Fund accounts of the monthly workers shall be defrayed by payments to the Board made by the registered employers in such manner and on such basis as might be fixed by the Board from time to time,
(6) A registered employer shall keep such records as the Board may require, and shall produce to the Board or to such persons as may be directed by the Board upon_ reasonable notice adl such records and any other documents of any kind relating to registered Chipping and Painting 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 toy or on behalf of the Board.
(f) Every registered employer shall maintain such gears, supervisory staff and other personnel and carry out such minimum business per annum as may be specified in the licence for stevedoring to be issued by the port authorities
82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—(8) A registered employer is permitted to use registered Chipping and Pafm% ing workers for the descriptions of chipping and painting work specified in the Scheme, only under a direct appointment as contractor with the Ship-owners, Shipping Companies, Steamer Agents or Masters of ships. The Board may at any time demand production of such appointment documents pertaining to work on, any ship, from any registered employer for the purpose of verification.
(9) In keeping with the objects of the Scheme and in accordance with item (c) of sub-clause (2) of clause 15, every registered employer is expected to maintain at least 75 per cent of his total requirement of work-force under the Scheme on his monthly register. With this end in view, the registered employers shall agree to accept such additional allocation of labour from the pool to hia monthly register as the Chairman or the Deputy Chairman may decide from time to time in consultation with the Administrative Body,
39. Restriction on Employment.— (1) No person other than a registered em- ployer shall employ any worker on dock work nor shall a registered employer engage, subject to the relaxation given in sub-clause (5) of clause 18, for employ- ment or employ a worker on dock work unless that worker is a registered Chip- ping and Painting worker.
(2) Notwithstanding the foregoing provisions of this clause—
(a) where the Administrative Body is satisfied that—
(i) dock work is emergently required to ibe done; and (ii) it is not reasonably practicable to obtain a registered Chipping and Painting 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 regis- tered Chipping and Painting worker. In selecting such workers, the local Employment Exchange organisation shall as far as possible, b& consulted:
Provided that, whenever unregistered workers have to be employed, the Ad- ministrative Body shall obtain, if possible, the prior approval of the Chairman to the employment of such workers, and where this is not possible, shall report to the Chairman within 24 hours the full circumstances under which such work- ers were employed and the Chairman shall duly inform the Board of such em- ployment 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 case 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) to (6) of clause 38 and clause 41 be treated in respect of that dock work as if he were a daily worker.
(3) A registered worker in the reserve pool may, provided he fulfils fully his obligations under clause 37, take up occasional employment under employers other than those registered under the Scheme on those days on which he is not allotted for work by the Administrative Body.
40. Circumstances in which the Scheme ceases to apply.— (1) The Scheme shall cease to apply to a registered Chipping and Painting worker when his name has been removed from the register or record in accordance with the provisions of the Scheme.
(2) The Scheme shall cease to apply to n 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 Chipping and Painting worker or a registered employer.
41. Wages, Allowances and other conditions of Service of Chipping and Paint- ing Workers.—Unless otherwise specifically provided for in the Scheme, it shall
Sue. 3(ii)J THE GAZETTE OF INDIA EXTRAORDINARY 83^c^&n implied condition of the contract between a. registered Chipping and Paint- ing worker (whether in the reserve pool or on the monthly register) and a regis- tered employer that—
(a) the rates of wages, allowances and overtime, houra of work, rest inLer- vals, holidays and pay in respect thereof and other conditions of service shall be such as may be prescribed by the Board for each cartegory of workers from time to time;
(b) the fixation of wage periods, time for payment of wages and deduc- tions from wages shall be in accordance with the provisions of the Payment of Wages Act, 1936;
(c) the Board shall accept and implement the provisions in Schedule IV or any other such Scheme that may hereinafter be framed and ap- proved by the Central Government;
(d) the Board shall by regulations relate the wages earned to the actual output of workers as specified in Schedule IV. The regulation for any future scheme shall be submitted to the Central Government for Payment of Wages Act, 1936;
(e) 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 pay- ment but is not allotted any work;
(f) the fixation of wage periods, time for payment of wages and deduc- tions from wages shall be in accordance with the provisions of the payment of Wages Act, 1T36:
(g) notwithstanding the provisions contained in item ( d\ the Central Government may, if it so decides, set up such other body as it may dee?n fit for reviewing the Scheme or any part thereof. The deci- sion of the Central Government on the recommendations of the said body shall be final and binding.
42, Pay in respect of Unemployment or Under Employment—(1) Subject to the conditions set out in this and the next following clause, when in any wage period, a registered Chipping and Painting worker in the Reserve pool is avail- able for work tout is not given employment or full employment, he shall be entitled to receive from the Board such amounts as may be admissible to him under clauses 31, 32 and 34.
(2) The conditions subject to which a registered Chipping and Painting-
worker is entitled to the said payment, if any, from the Board are that—
(i) he attended as directed at the call stands or control points; and (ii) his attendance was recorded.
43. Disentitlement to Payment (1) A registered Chipping and Fainting worker who while in the reserve pool fails without adequate cause to comply with the provisions of item (a) or (b) of sub-clause (4) of clause 37, 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 Chipping and Painting worker in the reserve pool who, while in employment to which he has been allocated toy the Administrative Body, fails without any adequate cause to comply with the provisions of sub-clause (5) of clause 37 or fails to comply with any lawful orders given to him by his employ- er, may have his engagement terminated and may be returned to the reserve nool and, whether or not he is so returned may be reported in writing to the Labour Officer. When a registered Chipping and Painting worker Js so returned to the reserve pool, the Administrative Body shall endorse his attendance and wage cards accordingly.
13) The Labour Officer shall consider any matter arising under sub-clause- (1) or (2) and if, after investigating the matter, he notifies the registered Chip- ping and P?Jntlng worker and the Administrative Body that he is satisfied that the registered Chipping and Painting worker has failed to comply with lawful order as aforesaid, the registered Chipping and Painting worker shall not be entitled to any payment or to such part of any payment under clause 42 as the Labour Officer thinks fit in respect of the wage period in which failure occurred' or continued:
Provided that the registered Chipping and Painting worker will be given an opportunity of showing cause before the Labour Officer takes any decision under tins sub-clause.
84 THE GAZETTE OF INDIA EXTRAORDINARY [PAST II—44. Disciplinary Procedure.— (1) (i) The Personne1 Officer on receipt of the information whether on a complaint or otherwise, that a registered employai^ has failed to carry out the provisions of the Scheme may, after investigating the matter give him a warning in writing, or
(ii) where, in his opinion, a higher penally is merited, he shall report to the Deputy Chairman, who may then cause such further investigation to be made as he may deem fit and take any of the following steps ns regards that employer, that is to say, he may—
(a) censure him and record the censure in his record sheet, or
(2) A registered Chipping and Painting worker in the reserve pool, who falls to comply with any of the provisions of the Scheme, or commits any act of in- discipline or misconduct, may be reported in writing by the employer to the Labour Officer of the Administrative Body who may, after investigating the matter, take any of the following steps as regards that worker, that is to say, he may--
(a) determine that, for such periods as he thinks proper, that worker shall not be entitled to any payment or part payment under clause 42 in respect of the wage period in which such failure, commission or misconduct occurred or continued;
(b) give him a warning in writing; or (c) suspend him without pay for a period not exceeding three days.
3. (a) Where in a case reported to him under sub-clause (2) the Labour Offi- cer is of opinion that the act of indiscipline or misconduct is so serious that the 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 President, Administrative Body, who after preliminary investigation of the matter shall pass orders thereon (subject to provisions of sub-clause 4) whether the worker should, pending final orders, remain suspended or not;
(b) Where a worker has Ibeen suspended by an order under item (a), he shall be paid for eax:h day of suspension a subsistence allowance equivalent to the attendance allowance provided in clause 32 or one-fourth of his daily wage in- cluding dearness allowance, whichever is greater; provided that for the period of suspension in excess of a month, the President, Administrative Body may, in exceptional cases, grant a higher subsistence allowance not exceeding half the total daily wage including dearness allowance;
(c) The subsistence allowance so paid shall not be recoverable or liable to .forfeiture in any case whatsoever;
fd) Where a worker la found not guilty, he shall be entitled to such payments us the Administrative Body certifies that the.worker would have received on the time rate basis or under clause 32 had he not been suspended, provided that the amounts so payable shall be reduced by the amount of subsistence allowance already paid during a particular period.
(4) Where, in the opinion of Labour Officer a higher punishment than that provided in sub-clauses (2) and (3) is merited, he shall report the case to the President, Administrative Body.
(5) On receipt of the written report from the Labour Officer under sub-clauses (3) and (4) that a registered Chipping and Painting worker in the reserve pool has failed to comply with any qt the provisions of the Scheme or has committed an act of indiscipline or misconduct or has Consistently failed to produce the standard output or has been inefficient In any other manner, the President, Ad- ministrative Body 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 42 in respect of the wage period in which such failure, commission or mis- conduct occurred or continued;
(b) give him a warning in writing;
SEC. 3(11)] THE GAZETTE OF INDIA EXTRAORDINARY 85(c) suspend, him without pay for a period not exceeding three months.
(6) If, in the opinion of the President, Administrative Body, a higher punish- ment than that provided under clause 4 is merited, he shall report the case to the Deputy Chairman.
The Deputy Chairman may make or cause to be made such further investiga- tion as he may deem fit and thereafter take one of the following steps as regards the worker :—
(a) terminate his services after giving 14 days' notice or 14 days' wages inclusive or dearness allowance in lieu thereof; or
(b) dismiss him-
(7) Before any action is taken under this clause the person concerned shall be given an opportunity to show cause why the proposed action should not be taken against him.
(8) Notwithstanding anything contained in this clause and in clause 43, the powers vested in the authority In column (1) of the Table below under the provisions specified in column (2) of the said Table, shall also be exerclsable by the authority specified in the corresponding entry in column (3) in such cases as the last named authority may specify in writing in this behalf :
TABLE
Authority empowered to take action Power given under Authority empowered to take action in specified cases
0)
(3)
1. Labour Officer . 2. Personnel Officer, 3. Deputy Chairman
. Clauses 43 and 44 . Clause 44 . Clause 44
President, Administrative Body . Deputy Chairman or Chairman, Chairman.
t9) Without prejudice to the powers of the Chairman under clauses 45 and 51, n registered employer shall have full powers to take disciplinary action against monthly workers employed under him.
45. Special disciplinary powers of the Chairman.— (1) Notwithstanding anything •contained in the Scheme, if the Chairman is satisfied that a 'go-slow' has been resorted to by any gang or registered Chipping and Painting workers or by any .such individual worker and is being continued or repeated by the same gang or worker or different gangs or workers 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 be lawful for the Chairman—
(i) in the case of monthly workers, to take without prejudice to the rights of the registered employers, such disciplinary action including dismissal, against such workers, as he may consider appropriate; and
i(ii) in the case of registered Chipping and Painting 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, where the 'go-slow' is resorted to by a worker or a group of workers, against the worker or workers concerned-
(4) Before any disciplinary action Is taken under this clause against any worker or any group of workers, such worker or workers shall be given an •opportunity to show cause why the proposed action should not be taken against him or It;
Provided that the Chairman, may, before giving an opportunity to show cause under this sub-clause, suspend from work any worker or group of workers immedia- tely after a declaration has been made under sub-clause (1).
86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—5. (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 32 or one-fourth of his dally wage including clearness allowance, whichever is greater :
Provided that for the period of suspension in excess of a month, the Chairman, may, in exceptional cases grant a higher subsistence allowance not exceeding half the lotal daily wage including dearness allowance.
(b> The subsistence allowance so paid shall not be recoverable or liable to forfeiture in any case whatsoever.
(c) Where a worker is 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 rate basis or under cS 32 had he not been suspended, provided that the amounts so payable shall be reduced by the amount of subsistence allowance already paid during that period.
, iu ' ™y, r e"i s t e r ed Chipping and Painting worker who is aggrieved by an order or the Chairman under sub-clause (2) may within 30 days of the date of receipt of the orders, prefer an appeal to the Central Government-
46. Termination of employment.—(1) The employment of a registered Chipping and Painting worker in the reserve pool shall not be terminated except in accord- ance with the provisions of the Scheme.
(2) A registered Chipping and Painting worker in the reserve pool shall not leave his employment with the Board except by giving fourtpen days' notice in writing to the Board or forfeiting fourteen days' wages inclusive' of clearness allowance in lieu thereof-
(3) When the employment of a resistered Chipping and Painting worker with the Bonrd has been terminated under sub-clause (1) or (2). his name shall forthwith be removed from the register or record bv the Administrative Body.
47. Appeafa 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 specified in column (1) of the Table below under the provisions specified In column (2) of the said Table may prefer an appeal against such order to the authority specified in column (3) of the said Table.
TABLE
Appellate Authority
Order made under
Authority passing order.
(3) CO
President, Administrative Body..
. Clause 43 or 44
Labour Officer.
Deputy Chairman,
. Clause 43 and 44
President, Administrative Body,
Chairman.
Deputy Chairman. .
. Clause 43 and 44
(2) A worker who is aggrieved by an order for—
(I) placing him in a particular group In the register or record; or (ii) refusing registration under clause 19; or (ili) requiring him under item (b) sub-clause (4) of clause 37 to undertake any work which is not of the same category to which he belongs :
may prefer an appeal to the Chairman-
(3) Any Chipping and Painting worker who is aggrieved by an order under sub-clause (4) of clause 19 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 Chipping and Painting worker from the register or record in accordance with the instructions of the Board, if the ground, of removal is that the registered Chipping and Painting worker falls within a class or description
SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 87of Chipping and Painting workers 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 Chipping
™ t nb ^ p°?kf,r a l l e K? t h at iie d o es n ot hein* t0 t he c l a ss or description of Chipping and Painting workers referred to in the instructions of the Board.
(5) Every appeal referred to in sub-clauses (I), (2), (3j or (4) shall be in -writing and preferred within 14 days of the dute of receipt of the order appealed against, add the order passed on such appeal shall be final and conclusive :
Provided that the appellate authority may lor 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 Is a member or by a registered Chipping and Painting worker.
48. Appeals by employers.—(I) (a) A registered employer who is aggrieved by an order of the Personnel Officer under item (i) of sub-clause (1) of clause 44 may appeal to the Deputy Chairman, whose order shall be final and conclusive and there shall be no appeal against it-
(b) If a registered employer is aggrieved by an original order of the Deputy Chairman under sub-clause (1) of clause 44, he may appeal to the Chairman. The order cf the Chairman in respect of an appeal against an order under sub-item (a) of item (ii) of sub-clause (1) of clause 44 shall be final and conclusive and there shall be no appeal against it. In. the case of an appeal against an order under sub-item (b) of item (ii) of clause (1) of clause 44 the Chairman shall forthwith refer the matter to the Central Government- The Central Government shall make such order on the appeal as it thinks fit.
{2) A dock employer who has been refused registration under item (c) of sub-clause (1) of clause 15 may appeal to the Central Government through the Chairman. The order of the Central Government shall be final and conclusive and there shall be no appeal against it.
(3^ If a registered employer is aggrieved by any original order of. the Chairman against him under clause 44, he may prefer an appeal to the Central Government. 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 wiiting 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 an appeal preferred after the expiry of i4 days.
(51) 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 Association of registered employers of which he Is a member or by a registered employer.
49 Power of revision of the Chairman and the Deputy Chairman.—Notwith- standing anything contained in this Scheme, the Chairman, in the case of an order passed by the Deputy Chairman under clause 44, or the Deputy Chairman, in the case of an order passed by the Personnel Officer or the President. Administrative Body under the said clause, may, at any ttrrie, call for the record of any proceeding in which the Deputy Chairman or the Personnel Officer or the President Adminis- trative Body has passed the order, for the purpose of satisfying himself as to the legality or propriety thereof and may pass such order in relation thereto as he thinks fit :
Provided that the Chairman or the Deputy Chairman shall not passi an order under this clause prejudicially to any person without giving him a reasonable opportunity of being heard.
50 Stay of order irv case of certain appeals.—Where an appeal is lodged in accordance with the provisions of clause 47 or 48, the appellate authority may suspend the operation of the order under appeal, pending the hearing and disposal of the appeal.
51 Special provisions for action in an emergency.— (1) If at any time the Chairman is satisfied that an emergency has arisen which will seriously affect
88 THE GAZETTE OF INDIA EXTRAORDINARY [ P A R T J ^-the working of the port, he may, by order in writing and for such period as he may from time to time specify therein, make a declaration to that effect :
Provided that no such declaration shall be made except with the previous approval of the Central Government.
shaU)
app%1°nnamely-°rder U r d er s u b"c l a u se "> is In f o r c e- t h^ following provisions
(i) If any allegation Is made that a registered employer has failed to carry out the provisions of the Scheme, the Chairman may after holdinc a summary inquiry into the allegation, take any of the following steps as regards that employer, that is to 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 forthwith from the employers' register either permanently or for such period as he may determine.
(ii) If any allegation of indiscipline, 'go-slow' or misconduct is made against a registered Chipping and Painting worker, the Chairman may suspend him forthwith pending inquiry, hold a summary inquiry into the allegation and take any one or more of the following steps against the worker, that is to say, he may—
(a) determine that for such period as he thinks proper, that worker shall
not be entitled to any payment under clause 42;
(b) give him a warning in writing; (c) suspend him without pay for a period not exceeding three months; Cd) terminate his services after giving 14 days' notice or 14 days' wages
inclusive of dearnegs 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 32 or one-fourth of his daily wage including dearness allowance, whichever is greater :
Provided that for the period of suspension in excess of a month, the Chairman may, in exceptional cases grant a higher subsistence allowance not exceeding half the total daily wage including dearness allowance;
(b) the subsistence allowance so paid shall not be recoverable or liable to
forfeiture in any case whatsoever;
(c) where a worker is found not guilty, he shall be entitled to such pay- ments injespect 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 32 had he not been suspended, provided that the amount so payable shall be reduced by ths amount of sub- sistence allowance already paid during that period.
(3) Any registered Chipping and Painting worker or registered employer who is aggrieved by an order passed by the Chairman under sub-clause (2) may within 30 days of the date of receipt of the orders, prefer an appeal to the Central Government-
(4) Notwithstanding anything contained In the Scheme, so long as an order under sub-clause (1) in force, the Chairman may authorise the employment of unregistered Chipping and Painting workers directly by registered employers and payment to such unregistered workers directly.
52. Cost of operating the Scheme.— (1) The cost of operating 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 or earlier than the Davment of gross wages due from him under Item (1) of sub-clause (5) of clause 38, as the Board may, from time to time, prescribe by a written notice to registered employers and 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 refitstered employer- The Board may also require any registered employer to pay such
4fec- 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY ggamount by way of levy in respect of monthly workers at such rate as it may
Provided that, where wages are payable to workers at an Interval of less than a month, the Board may at its discretion allow the amounts, other than eross wages, payable under this sub-clause to be paid monthly by such time as the Board may prescribe in this behalf-
(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 the like circumstances.
(3) The Board shall not sanction any levy exceeding hundred per cent oi the estimated total wages bill calculated on the basis of the dally time rate wage without the prior approval of the Central Government.
(4) A registered employer shall on demand make a 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 required in connection with the operation and financing of the Scheme.
(6) If a registered employer fails to make the payment due from him under sub-clause (.1) or under item (iii) of sub-clause (5) of clause 38 or any other amount due and payable to the Board in any other capacity or account within the- time prescribed by the Administrative Body, the Administrative Body shall serve a notice on the employer to the effect that unless he pays his clues within three- days from the date of receipt of the notice,, the supply of registered Chipping and Painting workers to him shall be suspended- On the expiry of the notice period, the Administrative Body shall suspend the supply of registered Chipping and Painting workers to a defaulting employer until he pays his dues- If the employer fails to pay up his dues- within 45 days from the date of issue of the notice, his name shall be removed from the employers' register.
53. Provident Fund cmd Gratuity.— (1) The Board in respect of the registered workers, shall frame and operate rules providing for Contributory Provident Fund- The rules shall provide for the rate of contribution from the workers and the employers, the manner and method of payment and such other matters as may be considered necessary :
Provided that the rules applicable to monthly workers shall not be less favourable than those relating to workers in the reserve pool-
(2) The Board shall frame rules for payment of gratuity ol registered workers.
(3) The Board shall, if necessary, make suitable provision for a Voluntary Retirement Fund and shall frame rules for operating same.
54 Dock workers Welfare Fund.—Cost of amenities, welfare and health measures and recreation 'facilities for registered Chipping and Painting workers shall be met from a separate fund called Dock Workers' Welfare Fund which shall be maintained and operated by the Administrative Body. Contributions to this Fund shall be made by all registered employers at such rate as may be determined by the Board, The Board shall frame rules for contributions to, maintenance and operation of, the Fund-
In framing surh rules, the Board shall provide for the association of workers' representatives with the formulation and implementation of the welfare measures- The day-to-day administration of the welfare measures -should, however, be left to the Administrative Body.
55 Penalties.—A contravention of clause 39 sha'l be punishable with imprison- ment'for a period not exceeding three months in respect of first contravention or six months in respect of any subsequent contravention or with fine not 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
"??__ THE GAZETTE OF INDIA EXTRAORDINARY | PART I I-SCHEDULE I
appSfsT' °r d e s c r i p t i o ns of Chipping and Painting workers to which the Scheme
(1) Sirdar/Serang (Monthly worker only).
(2) Tindal.
(3) 'A' Mazdoor (Outboard).
it) 'B' Mazdoor (Inboard).
.(5) C (L) Mazdoor (Special).
SCHEDULE II
[See clause 311
The minimum number of days in a month for which wages are guaranteed should be assessed annually on the basis of the average employment during the Immediately preceding 12 months according to the following procedure:
(a) The total number of man-shifts worked every month by Khamalies and Rolias including leave reserve workers in the reserve pool should be recorded.
(b) The effective, strength of Khamalies and Rolias including leave reserve workers in the reserve pool on alj the working days of the month should be recorded-
The effective strength of Khamalies The number of Kha- Number of Khamalies and and Roli is including leave reserve milieu and Rolias Rolias and leave reserve work- workers in the reserve pool on a p.ir- including leave re- kers in the Reserve Pool on ticular working day shall be. serve pool register on authorised or unauthorised that day. leave plus number of woikers in these categories who di.-d ^r whose services wereterminatcd on that day,
(c) The effective strength of Khamalies and Rolias on all the working days in a month obtained under (b) above should, be added up and divided by the number of working days in the month to yield the effective strength of these workers during the month.
Suppose that an assessment is made in June 1956 and suppose the effective strength of Khamalies and Rolias and leave reserve workers in the Reserve Pool and the man-shifts worked by them during the period
SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY glJune, 1955 to May, 1956 are as shown under columns (2) and (.3) of the Table below:—
TABLE
Average M o n th
E f f e c t i ve s t r e n g th
Total No. of manshifts worked
employ- ment per worker per month
( i)
( 2)
(3)
(4)
J u ne 1 9 65 J u ly 1 9 65 A u g u st 1 9 65 S e p t e m b er 1 9 65 O c t o b er 1 9 65 N o v e m b er 1 9 65 . . . . . .. D e c e m b er 1 9 65 . . . . . .. J a n u a ry 1 9 56 F e b r u a ry 1 9 56 . . . . . .. M a r ch 1 9 56 . . . . . . .. A p r il 1 9 56 . . . . . . .. M ay 1 9 56
3900 3800 3700 3S00 3600 4000 3700 3800 3900 3600 3500 3 8 00
46,800 49,400 55J5°° 60,800 57,600 68,000 62,900 49,400 54,600 54,600 56,000 64,600
12 13 15 16 16 17 17 13 14 15 16 17
Column (3) divided by column (2) will show the average employment per woriier per month and this is shown in column (4) of the Table.
The minimum number of days in a month for which wages should be guaranteed during the period June, 1956 to May, 1957 will be
12+ 13+ 15+ 16+1.1 + 17 +17+13+14+15+ 16 + 17 =.5.08
"" 12
After rounding to the nearest day=15 days.
Although this average has been calculated for the lowest categories of workers orily. it will apply to all the categories of stevedore labour, namely, Winchman, Sirdar, Mate, etc. If a new catetfQry of workers Is registered, the minimum guarantee for this category to start with will be determined as has been provided in the principles relating to the registration of new categories of workers mentioned in sub-clause (2) of clause 18 of the Scheme-
Similar calculation should be made In June, 1957 and thereafter every year. If the average number of days in any year works out to be less than the minimum number of days for which wages have already been guaranteed, the latter number will not be reduced. In other words, the minimum number of days in a month (or which wages are guaranteed will progressively increase but will never be decreased.
SCHEDULE III
Limits of the Port of Calcutta* to which the Scheme applies :—
On the North—A line drawn due east across the river Hooghly from a pillar at the southern boundary of Messrs D. Waldie and Co-'s Chemical Works and Distillery at Konnagar in the district, of Hooghly on the right bank of the river to a pillar on the left bank of the river near Panihati in the district of the 24-Parganas.
On the South.—A line drawn from a masonry pillar placed at the mouth of the Budge-Budge khal to a pillar on the right bank (Howrah side) of the river Hooghly, bearing north west of the first named pillar,
SCHEDULE IV
Payment by Result Scheme as formulated by the Central Wage Board for Port
and Dock Workers and approved by the Central Government. ~^Vide~ Government of West Bengal Notification No. 13-Marlne, dated 14th February, 1929,
92 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11^-THE CALCUTTA DOCK LABOUR BOARD
Manning-cum-lncentive Scheme for Chipping and Painting Workers (DRAFT)-
1. The Manning-cwn-Incentive Scheme annexed hereto apply to the following categories of Chipping and Painting workers :—
(1) Tindal. (2) A-Mazdoor- (3) B-Mazdoor-
2. Processing Wage,—The processing wage of the different categories of wor- kers will be as under:—i
Processing Wage (P.W.)
Category
Rs. 4-50
Tindal
Rs. 3.37
A &B Mazdoor
3. W.B.I- means the increase In daily emoluments of a worker as a result of the- orders passed by Government on the report of the Wage Board for Port and Dock Workers.
4 When the output of a worker is below 1 Unit except for reasons beyond his. control, he will be paid the Processing Wage. In such cases, that is when he is, paid only the processing wage, it will be open to him to make a representation to the Dock Labour Board, that his low output Is due to reasons beyond his control and asks lor the wages at 1 Unit level.
5 For output in excess of a completed unit level the worker shall be paid pro rota at a rate equal to the difference between the completed unit and the next hlghei unit- However, where the unit level of performance Is a single plate, beam, frame, bay, tank or cabin, payment shall be made only for completed units and any performance of part unit would not be taken into account.
6 If work is available for at least half the shift hour, a worker must produce the full unit level output, in order to be entitled to the W.B.I. If work is not available for half the shift hour, a worker shall be paid the W.B.I, irrespective of the output.
7. Since units of performance have been fixed takinK into account the average loss of working time that Is occasioned in the course of normal chippin* and painting work in Calcutta, there shall be no separate payment for idle time-
8 Increase in basic pay and allowances— Increases in daily basic pay and other aUowanceseaand the dally component of Dearness Allowances "smay be sanctioned by the Dock Labour Board from time to time, will be added as a differential to the incentive wage of each worker-
9 Night Allowance.—When called upon to work in the second and third shifts, night allowance as prescribed by competent authorities, will be added as differen- tials to each worker's incentive earnings.
in Overtime Allowance and Holiday Allowance.—When called upon to work on holiday! o™ do overtime work, all workers will be entitled to holiday and/or overtime allowance as sanctioned by the Dock Labour Board, from time to time, in addition to their incentive earnings under the Scheme.
11. General.—(i) Other conditions of service will remain unchanged.
fin The Chairman, Calcutta Dock Labour Board, would appoint a standing committle cons^stmg of representatives of Employers, Workers and the Dock Labour Board.
CALCUTTA DOCK LABOUR BOARD
Matming-am-Incentive Scheme for Chipping & Painting Workers
UJ E:
Wage payable (including DA, CA & HRA but excluding existing Manning
Scale Allowance
Operation Unit of
Manning Scale
performance
2 Unit
1 Unit
3 Unit
4 Unit
3
6
1 2
7
5
3
4
1. Dry Docking (vessels over
300' in length—
I
(a) Washing & Scraping . Entire bottom of
PW+WBI + 2-25
ship.
4Tindai + 40 Men.
(b) Painting anti-corrosive to Do.
Do.
PW+WBI+2-25 1 If 0) & (c) are completed in one shift payment will be made
above,
\ at twice the payment for either operation.
(c) Painting antifbnling to Do.
Do.
PW+WBI+2-25 J
above.
g
(d) Stem Appexor . (e) Chain ranging—both sides
PW+WBI + i-oo
PW + WBI + 4-25
3 Men. 1 Tindal+
1 3PW+WBI+7-OC
(f) Bottom Plate chipping & 1 Plate
2PW+WBI+5-OC
3 Men.
3 4PW+WBI+9-OO
PW+WBI + 3-00
1. coat painting.
(g) Bottom plate hard scrap- 1 Plate
2 Men.
P W + W B I + i - oo
2PW + WBI + 2-CX
j 3PW+WBI+4-O 0 4PW+WBI+7-oo
ping and 1 coat painting.
2. Rudder Stalk—chipping both
As required.
P W + W B I + i - co
••
-•
--
II—I sides'.
PW + WBi + I-CO
• •
1 Tindal 12 Men.
3. Chain Locker (Port & Star- board)—chipping and painting.
4. Chipping wire brushing
As required.
PW+WBI + i-oo
-•
I
scraping & painting—Fun-
..
5. Derricks 6. Mast, Jamboo Derrick—Chip-
As required. As required.
PW+WBI+i-oo
PW+WBI+i-oo
ping & Painting.
09
9 4
6
I
2
7
5
3
4
7. Thoroughly chippiag, paint-
ing & wire brushing—
4PW+WBI + 7-OO
Man
3PW+WBI + 4-O0
(a) Frames in holds, Tween 1 Frame space ]
2PW+WBI + 2-O0
PW+WBI + 100
deck, deep tanks etc.
upto 10 ft. irres- pective of width.
T H E
(b) Deck Head ia holds,
Man
2PW + WBI + 2-00 3PW+WBI+4-0O 4PW+WBI + 7-OO
PW+WBI+i-ro
1 Frame space upto 1 10 ft. high.
Tween Decks, Shelter Decks, Deep tanks.
(c) Bulk Heads in holdj,
Man
2PW+WBI + 2-OO 3PW+WBI + 400 4PW+WBI + 700
PW+WBI + i-oo
Tween Decks, Deep Tanks Shelter Decks etc.
G A Z E T T E Upto 50 sq. ft. or r 1 frame s pace upto a height of 10 ft. whichever is applicable.
O F
I
N D
I
A 8. Spot chipping hard scrap- ing holds, Tween Deck, Shelter Deck, Bridge space, Deep Tank etc.
(a) Holds—
(i) Chipping & hard scrap- 2 entire frame I WorkeT
2PW+WBI+2-O0 3PW+WBI + 4-oo 4PW+WBI + 7-oo
PW+WBI + i-oo
ing,
spaces*
WorkeT
2PW+WBI + 2-0O 3PW+WBI+4-CO 4PW + WBI + 7-0O
PW+WBI + 100
10 frame spaces 1
(if) Touch up with compo-
sition, if required.
E X T R A O R D
I (iii) Painting deck heads . (iv) Painting sides & bulk
4 frame spaces 4 frame spaces
1 Worker [ Man
2PW+WBI+2-00 2PW+WBI+2-0O
3PW+WBI+4-0O 3PW+WBI+4-oo
4PW+WBI + 7-OO 4PW+WBI + 700
PW+WBI+1-00
PW+WBI+i-oo
iieads.
(b) Tween Deck—
N A R Y (i) Spot chipping & hard 4 frame spaces 1 Man
2PW+WBI + 2-OO 3PW+WBI + 4-O 4PW+WBI-f-7-oo
PW+WBI+i-oo
scraping. (ii) Painting deck head . 4 frame spaces 1 Man 2PW + WBI+2-O0 3PW+WBI+4-oo 4PW+WBI + 7-O0 (iii) Painting sides 6 frame spaces 1 Man 2PW+WBI+2-0O 3PW+WBI+4-OO 4PW-LWBI + 7-co
PW+WBI + i-oo
PW + WBI+i-oo
[
(c) Deep Tanks (Cargo)—
Frame spaces upto 1 Man
PW+WBI + i-oo
(i) Chipping
2PW+WBI+2-OO 3PW+WBI + 4-00 4PW+WBI + 7-OO
P A R T
I (ii) Spot chipping & hard
10 ft height. 3 frame spaces 1 Man
2PW+WBI+2-0O 3PW + WBI + 4-0O 4PW+WBI + 7 00
PW+WBI + i-oo
T
- scraping. (iii) Painting
4 frame spaces 1 Man
2PW+WBI + 2-0C 3PW+WBI+4-0O 4PW+WBI + 7-00
PW+WBI + i-oo
. Chipping, wire brushing &
S E C
.
3 thoroughly cleaning bulwark piace—. (a) Chipping (bj Wire brushing & paint-
45. Sq. ft. 400 Sq. ft.
1 Man 1 Man
PW + WBI + 1 00 PW+WBI + i-oo
2PW+WBI+2-00 2PW+WBI+2-00
4PW+WBI+7-0O 4PW+WBI + 7-00
3PW+WBI+4-00 3PW+WBI + 4-oo
ing.
( i i ) ]
10. Hull Plate—
3PW+WBI+4-OO 3 P W + W B I + 4 - DO 1 plate (black) 1 plate
3 Men 4 Men
2PW + WBI + 2-0O 2PW+WBI + 2-CC
4PW+WBI-(-7-oo 4PW+WBI + 7-oo
PW+WBI + i-co PW+WBI-M-oo
(a) Chipping (b) Chipping (boottopping) (c) Chipping other portions
from outside.
45 Sq. ft.
1 Man
J P W + W BI + 2-OO
PW-t-WBI + i-oo
3PW+WBI + 4-00 4PW+WBI+700
T H E
45 Sq. ft.
1 Man
PW+WBl4-i-oo 2PW+WBI + 200 3PW+WBI + 4-00 4PW+WBI + 7-oo 11. Deck plates of main deck and tank tops chipping & Painting.
12. Hatch coaming on main
G A Z E T T E
45 Sq. ft- 45 Sq. ft.
1 Man 1 Man
O F
PW-f WBI-f-i-oo PW+WBI-f-i-oo
I
N D D o.
Ejtire hatch coaming 3 Mer 4 Men
PW+WBI + i-oo PW+WBI + i-oo
I dechr- (a) Chipping internally (b) Chipping externally (c) Scraping & spot chipping— ititema'ly . . . externally— (d) Painting—
A
Do. D o.
internally externally •
3 Men 3 Men
PW+WBI + i-cx) PW-t-WBI + i-oo
13. Beams—
(a) Chipping— (b) Scrapping & spot chip-
Each beam 2 Beams
2 Men 1 Man
PW+WBI + i-oc PW+WBI + i-oo
3PW + WBI + 400 3PW + WBI + 4-oo
4PW+WBI+7-oo 4PW+WBI + 7-OO
2PW+WBI + 20C 2PSr-^WBIT2-0O
E X T R A O R D ping—
I
14. Angle bar frame space
N A R Y (Angle only 4* y 4*)— fa) Chipp.rng— (b) Painting—
40 R. ft. 120 R. ft.
1 Man 1 MaD
PW + WBI + i-oo PW+WBI + i-oo
2PW+WBI + 2-0O 2PW+WBI+2.CO
3PW+WBI+4-CO 3PW+WBI + 4-OO
4PW+WBI+7-0O 4PW+WBI + 7-oo
15. Stanchions of Hold, Tween
Deck& deep Tank .(Cargo)— (a) Holds & deep tanks—
Chipping—.
(b) Tween deck chipping—
1 stanchion 1 stanchion
2 Men 1 Man
PW-f-WBI + i-oo PW+WBI + i-oo
••
••
9 5
* * -- J— —— ^ „
I
2
3
4
6
5
7
10. nilges—_
(a) (Slipping 1 Bay 1 Man PW+WBI + i-oo
2PW+WBI + 2 -co 3PW+WBI + 4-oo
(b) Scrapping— 3 Bays 3 Men 4PW+WBI + 7-00
PW+WBI-f i-oo 2PW+WBI+2 -co 3PW+WBI+4-oo
(c) Cement ing 6 Bays 8 Men 4PW+WBI + 7-00
PW+WBI + i-co 2PW+WBI+2 •00 3PW + WBI+4-0O 4PW+WBI + 7-oo
(d) Painting— 3 Bays 4 Men PW+WBI + i-oo 2PW+WBI + 2
-co 3PW+WBI+4-oo 4PW+WBI4-7-CO
Only cleaning etc, to be done by Harbour even without using scrappers or chippirg hammers.
17. Outsidepaintirgworks—
Upto 8 ft. height
PW+WBI+200
2PW+WBI + 3 •00 3PW+WBI + 5-oo 4PW+WBI + 8-co W Scrapping & washing ,, bopttpping al 1 round, (b) Painting boottopping
For 8 ft.
a
PW+WBI+2-oo
2PW+WBI + 3 •00 3PW+WBI + 5-OO 4PW+WBI + 8-OO
1 Tindal, 6 men. 1 Tindal, 8 men.
to regulation colours all round
Cc) Cutting line of boot- Both sides
PW+WBI-fi-oo
topping
(d) Touching up top-side Each side
PW+WBI + i-oo
from boottopping Jine
2 Men, 2 D/L. 1 Tindal, 6 Men.
(e) Painting top side
Each side
1 Tindal,
PW+WBI + i-co
12 Men.
3 extra men for dabusa.
CO Painting & washing ship's white Band or Ribbon— Washing- Painting
Each side. Each side
(g) White hari round
4 Men PW+WBI+i-oo 3 Men+3 DL. PW+WBI + i-oo Men as necessary PW+WBI + 1-00
18. Tanks—
PW+WBI + i-oo
I Capacity upto 50 Tons.
1 Tindal+ 6 men.
Ca) Bailing out upto 6* water & cleaning & drying out tank
For every
2 Men
PW+WBI+i-oo
additional 25 T. of capacity.
NOTE —There will be^ne tindal each on Fore peak Tank After peak Tank i.e., there will be one tindal onlv for each tank In ca"
(b) Scrapping cleaning Capacity upto 50
PW+WBI + i-oo
• • & drying up. tons.
(c) Washing—pain- Capacity upto 50
• •
PW+WBI + i-co -• ••
ting or oiling. tons.
1 Tindal-f- 0 men. 1 Tindal + 6 men.
J—II f
19. Sanitary Tanks—(Capa-
S E C city upto 15 Tons)—
.
[ 1
Cleaning & scraping Per tank
PW+18131 + 1-06 .,
* * * •
3
Cement washing
Per tank
t Tindal + 2 men. 2 Men
PW+WBI+fCO
( i i ) ]
20. Minor Fresh Water Tsnks
(Capacitv upto 20 T)—
(a) Chipping inst^t: of all 40 £q. tt.
1 Maa
PW+WBI + i-oo 2PW+WBI14-2-oo
3PW+WBI+4-co ^PW+WBl4-7 °°
tenks.
(b) For cleaning & wa?hing Entire tank 1 TindaT + T
4 Men. P^+WBI + i-oo J P W I + W BI + 2-OO iPW+WBI'+4-oo 4PW'+\FBI + 7-oo H
(c) For cement washing. Ecrire tank. 1 Tindal + PW + WBIM-I-CO 2PW + ^ BI + 2-oo 3PW+WBI + 4-OO 4PW+\fBI + 7-co E
4 Men
•zi. Edible Oil Talk—
(a) Chipping bulkliead and 30 Sq. ft. 1 Man
PW+WII I "CO 2PW+WBI-+2-OO
jPW+WBI + 4-oo ^PW + iK^BI + T-oo
tank top.
^W+WBI+i-oo 2PW+WBI+2-OO
.•iPW + WBr+4-co 4PW + ^ ^ 1 + 7 - 00 (b) Chipping deakheed and 25 Sq.ft.
1 Man
G A Z E T T E side
(c"i Applying caustic and Capacity upto
PW+WBI4-1-00
wire brushing.
100 Tons.
O F
Cap. from 101 tons
1 Tindal + 8 Men 1 Tindal + PW+-WBI+i-co
I
to 200 tons.
12 Men
N D Cap. from 201 tons 1 Tindal +
PW+WBI + 1-00
I
to 300 tons.
A
15 Men
Gap. from 301 tons
> > • *
1 Tindal +
PW+WBI+1-00
to 400 tons.
18 Men.
Cap. from 401 tons
• •
1 Tindal + PW+WBI+i-oo
to 500 tons.
20 Men.
Cap. from 501 tons 1 Tindal +
PW+WBI+i-co
to 600 tons.
22 Men
1 Tirdal +
PW+WBI + i-oo
E X T R A O R D
I Capacity from 601 tons and above. 24 Men.
N A R Y NOTE :— In case oily caustic socais to be applied and no^ire brushingis to he done in the same shift, thenhalfthe number of workers in (el shill be employed on in case only wire-brushing is done without applying caustic soda in a shift, half the number of workers mentioned in (L) shall be employed.
(d) Washing as above— Bailing out and wiping—
Capacity— Capacity—
4 Men 6 Men
PW+WBI + i-oo PW+WBI + i-oo
Upto 300 tons. from 301 tons to 500 tons.
Capacity—
from 501 tons and 8 Men
PW+WBI + 1-00
above.
9 7
9 8 I
2
f
4
5
7
22. Fine Painting—
(a) Cabins (crews acccmmo-
dation"i
2 catins = i Unit. Each cabin
washing—Lncludirg fitting— Cabin—i to 4 berths Painting—
2 Men 3 Men
2PW-WBI + 2-co 2PW+WBI+2-O0
^PW+WBI-M-co 3PW + WBI-4-CO
PW+WBI + i 00
PW+WBI-f 100
-•'PW + WBI + 7-oo 4DW+WBI.+ 7-co T H E
22. (sj Painting Cabin.
(4 rerthO. More than 4
PW+WBI + i-oo
2P*+WBlJ-2-00 3PW+WBI-!-4-oo 4PW + WBl + 7-oo
berth?.
3 M e n +i man for each additional berth.
CM Crews Meps Rcrm
Washing— Paintirg—
1 Men 2 Men
2PnW+WBI+2-0O 2PW+WB1+2O0
PW + WBI + 100
PW + WBI-100
^PW+WBI'-f4oo 3PW + WBI+4-oo
4PW+TX'BI + 7 00 4PW-fWBI + 7-oo
G A Z E T T E
(cl Hoapital&Lavator1"Washing—
Painting—
2 Men 3 Men
2PW + WBI+2-0O 2PW+WBI+2 CM
^PW-WFT + J-co 3PW + W B I -4 00
PW+WBI-i-rco
PW + WBI-100
.'PW-i-WPI + 7-oo JPW-fWBI + 7-co
O F
I
Cd) Toilet & Wash placesWasJrinf— .
N D
Painting— . , '
I Upto3 Units Upto 3 Units
1 Man 2 Men
rPW-fWBH-2-oo rPW + WBI + 2-oo
A
• J F W + W PI + J - CO
D o.
^PW + WBI+4-oo - PW + 1R ' B H - 4 - CO rPW-WBIH-4-oo E X T R A O R D
I
N A R Y
[
P A R T
J I
JP W +W B I : -L T co • PW-^'BI-LfOG PW+W I + roo P W + ^ BI + i-oo
—
PV+TBB+1-00
X
upto 350 tons.
X
X
S E C
1 Tindal+
8 Men
1 Tindal +
X
X
X
PW+WBI+100
3
la Men.
23. Rigging, Staging in hold—
Deep Ttfita, EtHble Oil
Tanks, Lower Holds &
Tween Dcdfca—Opacity. •
X
X
X
PV+WBI+ioo
( i l ) ]
aTi"Ms.+J18 Men.
From 251 torn
to 400 tons.
From 401 tons
and •bore.
£Na 53/"/69-yacJIJ
T. S. SAMEABAN, ", Secz.
T H E
G A Z E T T E
O F
I
N D
I
A
E X T R A O R D
I
N A R Y
9 9 UliMM) EY THE QENEBAL MANACTH, GOVERNMEHT Of INDIA FBESS, MIMTO HOAB, HEW DBLBI AHS FUSJSBED BY THE M*H"TO OF FCBLIGATIOSS, DStHI, 1970
- A new worker before registration shall under- co, free of charge, a medical examination for physical fitness by a Medical Officer nominated by the Chairman for this purpose. A worker on 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 bv 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, free of charge, a medical examination by a Medical Board to be constituted by the Chairman. The Chairman shaH have authority to terminate the services of a worker found unfit by the Medical Board. The decision of the Medical Board will be final. 21. Facilities for Training.—The Board shall make such provision for training of registered Chipping and Painting workers as it may deem necessary. Em- phasis should be given on training in use of mechanical aids to Chipping and Painting work. 22. Registration Fee A registration fee of rupees two shall be payable to the Board by each worker at the time of registration under the Scheme. ↩
- A worker in the reserve pool register shall Ibc paid wages at least for twelve days in a month at the wage rate, Inclusive of dcarness allowance as prescribed by the Board appropriate to the category to which he permanently belongs or to such other category as may be decided by the Board, even though no work is found for him for the minimum •number of twelve davs in a month, Thp davs on which work is allotted to the worker shall be counted towards the Iwelve day, ; mentioned above. The guaran- teed minimum wages in a month shal' be: — fa) 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 remain- ing days of the month. (2) Subject to the provisions of sub-clause d ), the minimum number of days for which wages are guaranteed may be fixed by the Board for each year on the basis of the monthly average employment obtained bv the workers in the reserve pool in the lowest categories of Chipping and Painting workers during the preceding year provided that the number so fixed shall not in any case toe less than 12 or more than 21. 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-clauses (1) and (2), shall not automatically aDply to any new category of workers that may be registered after the date of enforcement of the Scheme. The minimum number of days for which wages shall be guaranteed to these categories shall he determined under sub-item (v) of item (b) of sub-clause (2) ↩
- S'BI+dco ?PW+WBI + 4-oo PW+WBI+100 PW+^BI.-i-i-oo ^'FW + WFI + 7-co 4PW+W3I-=-7-oo Ce'l Common Wash placesWasbing— . 2 Men 4 Men 2PW4WPI + 2'CO r p w + ^ ' B I + 2 00 PW+WEI+i'CO PW-i-WBI'+r-oo :PW + WBI + ^ co .'PW + WFI + 7-oo -'PW+WBI-+7-0O Sm-1!—lo'length ?W + WBr+ico PW + W-BI+i co .•PW+WBI-|-7-oo JPW + WPI + 7-oo Paint ir-f-— (Ti Crews Alle;vfV£ Washing— \ ' . Painting— Washing— . 2 Men 3 Men 4 Men ;PW+WBI-!-2-oo 7PW+WBI+2C0 2PW+WBI+200 4PW+WBI+7-OO PW + WBI + i-oo Lar?c—:o' lergtf-. 6 Men PW+WBI-f 1 00 -PW + WBI + 2-C0 ?PW + WEI + 4-co ^PW + WFI+7-00 1 Man 2 Mei 2PW + WTI + I-C0 2PW+WBI-1-2-O0 PW-hWei-Moo PW + WBI-|-foo 3PW + WBI+4 ro 3PW + WBI + 4-oo . PW-hWBI-i-Too 4PW+WBI^7-oo Pfir.ting— r'ai Cortnarion&Stairway Washirjg— Pdntirg— (Til Crew Gaikys Washing.— 2 Men PW+WrfH-i 00 For more than 10 2PW + WBI-1-2-O0 31PW+WFI + 4 00 .'PW-^'EI-f 7-co cren. T Men P W - W J I ^ i oo Do. 2PW+WBI+2-00 3PW-FWBr+.;-co JPW + WBT + 7 00 'PW+WFT + --CO Painting.— IT Passenger Cabin with- out Toilet— Washing — . Pairting— (j) Any Fine Painting. . 400 Sq.ft. 2PW+WBI+2-C0 2PW+WBI+2CO 2PW'+WBr + 2-0O 2 Aien 3 Men 1 Man ;PW + WBI+.--co -FW-WBI-f.co 3PW + WBI + 4 00 JPW+WBI+7-<2| ↩