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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 100] NEW DELHI, WEDNESDAY, MARCH 18, 1970/PHALGUNA 27, 1891

Separate paging 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 11th March 1970

S.O. 1099.—The following draft of certain scheme for the Dock 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, 1048 (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 said draft will be taken into consideration on or after the 18th April, 1970.

Any objections or suggestions which may be received from any person with respect to the said draft before the date so specified will be taken into considera- tion by the Central Government. THE CALCUTTA DOCK CLERICAL AND SUPERVISORY WORKERS (REGULA- TION OF EMPLOYMENT) SCHEME, 1970.

1. Name of the Scheme.—The Scheme may be called the Calcutta Dock Clerical and Supervisory Workers (Regulation of Employment) Scheme, 1970 (hereinafter referred to as "The Scheme").

2. Objects and application.—(1) The objects of the Scheme are to ensure—

(1) greater regularity of employment of the categories of dock workers shown in Schedule I by maintaining an adequate but not more than adequate number of such workers available in the Registers of workers,

(ii) the achievement of efficiency of performance in dock work and attain- ment of satisfactory levels of productivity and accuracy In docu- mentation,

(iii) progressively more and more full monthly employment for the above workers under their employers and thus fulfil the ultimate objective of complete decasualisation.

(387)

(2) The Scheme relates to the Port of Calcutta as defined in Schedule II and applies to the categories of workers set out In Schedule I and to the descriptions of work performed by them as set out in Schedule III:

Provided that the Scheme shall not apply to any worker unless he is employed as such under a registered employer or an employer of workers listed in Register 'C\

(3) Nothing in this Scheme shall apply to any ship of Indian Navy or to cargo declared for restricted handling by the Defence Authorities.

3. Interpretations.—In this Scheme, unless there is anything repugnant in the subject or context:

(a) "The Act" means the Dock Workers (Regulation of Employment) Act,

1948 (9 of 1948);

(b) "Board" means the Calcutta Dock Labour Board constituted under the

Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948);

(c) "Chairman" means the Chairman of the Calcutta Dock Labour Board; (d) "Deputy Chairman" means the Deputy Chairman of the Calcutta Dock

Labour Board;

(e) "Dock Employer" means the person by whom a registered Dock Clerical and Supervisory worker is employed or is to be employed and includes Shipping: Companies or Steamer Agents or stevedore employer or Contractors; or a group of these;

(f) "Dock work" means operation at places or premises to which the Scheme relates, ordinarily "performed by dock workers of the classes or des- criptions to which the Scheme applies;

(g) "Employers Register" means the register of dock employers maintained

under the Scheme;

(h) "Executive Officer" means the Executive Officer appointed by the Board under clause 4;

(i) "Labour Officer" means the Labour Officer appointed by the Board under clause 10;

(j) "Monthly worker" means a registered Dock Clerical & Supervisory worker who is engaged by a Dock Employer or a group of such employers on monthly basis under a contract which requires for its termination at least one month's notice on either side;

(k) "Pool worker" means a registered Dock Clerical and Supervisory worker who is not a monthly worker;

(1) "Registered Dock Clerical and Supervisory Worker" means a dock worker whose name is for the time being entered in the records of registered workers;

(m) "Registered Employer" means a Shipping Company or Shipping Agent or Stevedore employer or Contractor or a group of ^uch employers whose name is for the time being entered in the employers' register; (n) "Reserve Pool" menns a Pool of registered Dock C'e"ical & Supervisory workers who are available for work and who are not for the time beinfi in the employment of a registered employer or a group of dock employers as monthly workers;

(o) "Register or Record" means the register or record of Dock Clerical & Supervisory workers maintained under the Scheme:

(p) "Rules" means the Dock Workers (Regulation of Employment! Rules 1962.

(q) "Vessel" means an ocean going cargo vessel or ship whose gross regis- tered tonnage is not less than 350 tonnes;

(r) "Week" means the period commencing from mld-nlght of anv day in the week and ending on the mid-night of the next succeeding same day.

4. Executive Offlfer and other Officers.—(1) The Board shall by resolution and subject to approval bv the Central Government, appoint an Executive Officer for the purpose of carrying out the day-to-day administration of the Scheme under powers delegated to him by the Board.

(2) The Executive Officer shall, subject to the supervision and control of the Chairman and subject to the provision of clauses y and 10, carry out the day-to-day administration of the Scheme.

(3) The Board may, for sufficient cause, remove/dismiss any Executive Officer appointed under sub-clause (1):

Provided that the Executive Officer shall not be removed unless he has been given a reasonable opportunity of being heard.

(4) The Board may appoint such other Officers and servants and pay them such salaries and allowances and prescribe such terms and conditions of service as it deems fit:

Provided that no post the maximum salary of which exclusive of allowances is above rupees one thousand per mensem shall be created, and no appointment to such posts 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 a leave vacancy of a duration of not more than three months.

(5) The Chairman may fill an unexpected vacancy in the post of Executive Officer for a period of less than one month and shall report such matter to the Central Government for approval.

5. Functions of th" Board.—(1) The Board may take such measures as it may consider desirable for furthering the objects of the Scheme including measures for—

(a) ensuring the adequate availability or registered Dock Clerical and Supervisory workers for the purpose of providing proper supervision and accurate documentation for the efficient working of vessels and the speedy transit of Hoods through the Port;

(c) determining and keeping under review, the number of registered employers and registered Dock Clerical & Supervisory workers from time to time on the registers or records and the Increase or reduc- tion to be made in the number in any such register or record; if the said review warrants the same for better efficiency and economy of operations;

(d) keeping, adjusting ami maintaining the registered emp'oyers' registers, entering or re-entering therein the name of any registered 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;

(e) keeping, adjusting and maintaining from time to time such registers or records, as may be necessary, of registered Dock Clerical & Super- visory workers' including any register or record of registered dock clerical and supervisory workers who arc temporarily not pvailable for dock work And whose absence hns been approved by the Execu- tive Officer, and. whore circumstances so require, removing from any register or record the name of any registered Dock Clerical and Supervisory worker either tit his own request or in accordance with the provisions of the Scheme;

(f) the fixing or re-flxing of nil registered Dock Clerical & Supervisory workers into such categories as may be determined by the Board after consultation with the Exeruti"(? Officer and thereafter review- ing the grouping of any registered do<~V clpricnl and supervisory workers on the applications of the Fxecutive Officer or of the regis- tered Dock clerical and supervisory worker;

(g) levying and recovering from registered employers, contributions for ad-

ministering the Scheme;

390 THE GAZETTE OF INDIA EXTRAORDINARY [PART IJ

(I) maintaining and administering the registered Dock Clerical & Supervisory Workers Welfare Fund, Provident Fund and Gratuity Fund and similar other funds created for specific purpose for both Reserve Pool and monthly workers and recovering from all dock employers, contribution!* towards the funds in accordance with the rules iramed under clauses 50 and 51;

(j) recovering levy and collecting contributions to the Welfare Fund, Provident Fund, Gratuity Fund;

(k) restricting the number of categories, in the event of new registrations, by having as much flexibility of employment of workers as possible, (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 Boam.

(2) The income and property of the Board from whatever sources derived shall be applied solely towards the objects of the Scheme including health, safety, training and welfare measures for dock workers (including assistance by way Of grant of loan, or otherwise to co-operative societies formed for the exclusive benefit of registered Dock Clerical and Supervisory workers and the staff of the Board) paid or transferred directly or indirectly by way of dividend, bonus, or otherwise by way of benefit to the members of the Board:

Provided that nothing herein shall prevent the payment of reasonable and proper re?nuneratlon 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: to any such member of interest at a reasonable rate of money lent or reasonable and proper rent lor premises demised or let by any member to the Board, nor prevent the incurring of expenditure on we'fare TC 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 and shall submit to the Central Government an annual report on the working of the Scheme during the preceding year ending on the thirty-first day of March together with an audited Balance Sheet as soon as may be after the first day of April in every year and not later than the thirty-first day of October and shall also submit copies of proceedings of the meetings of the Board.

6. Responsibilities and duties of the Board in Meeting.—The Board in-Meeting shall be responsible for dealing with all matters of policy and in particular may—

(a) subject to the prior approval of Central Government—

(i) fix before registration the number of workers to be registered under various categories, after determining the number required under each category;

(ii) Increase or decrease the number of workers in ariy category on the register from time to time as msy be necessary after a periodical review of the registers and anticipated requirements;

(ill) sanction the temporary registration under registered employers of specified numbers of workers in any category for a specified period, under specified terms and conditions;

(b) consider registration of new employers on the recommendation of the

Chairman;

(c) prescribe forms, records, registers, statements and the like required to

be maintained under the Scheme:

(d) determine the wages, allowances, leave rules and other conditions of service and reflx the guaranteed minimum wages in a month after annual review;

(e) flx the rate of levy under clause 48 or such other administrative charges

as may be necessary to meet the expenses of the Scheme;

(1) fix the rate of contribution to be made by registered employers to the registered Dock/Clerjcal & Supervisory Workers' Provident Fund, Welfare Fund and Gratuity Fund; and surh other fund/funds; as the Board may create;

(g) appoint, abolish or reconstitute Committees under clause 32; (h) sanction the Annual Budget;

(i) appoint the Executive Officer and the Labour Officer with the approval of Central Government where necessary;

(i) subject to the provisions of clause 4(4), sanction the creation of postsj and make appointment to such posts;

(k) make recommendations to the Central Government about any changes in Schedules I and III;

(1) make recommendations to the Central Government about any modifica- tions In the Scheme;

(m) 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;

(n) sanction the opening of accounts in such Scheduled Banks as it may direct and the operation of such accounts by such persons as the Board may, from time to time, direct.

7. Annual Estimates.—(1) 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 Executive Officer under clause 9 of the Scheme, for the year commencing on the first day of April then next ensuing in such detail and form (is the Board may, from time to time, prescribe.

(2) The Board 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 fit,

8. Responsibilities and Duties of Chairman.—The Chairman shall 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 expeditlously;

(b) (i) to supervise and control the work of the Deputy Chairman and the Executive Officer;

(ii) to take suitable steps If any irregularities are detected by him or brought to his notice;

(c) to ensure that proper and adequate supervision, as may be laid down by the Board, is provided by the registered employers on their ships;

(g) to ensure that al) forms, registers, returns and documents, prescribed under the Scheme, are properly maintained;

(h) to sanction the creation of posts the maximum salary of which exclusive of allowances is up to rupees six hundred per mensem and to make appointments to such posts;

(I) to take disciplinary action against workers and employers in accordance with the provisions of the Scheme;

(k) to make reports, when necessary, to the Central Government under rule 5 of the Dock Workers (Regulation of Employment) Rules, 1062;

(1) to sanction the transfer of a registered monthly worker from—

(I) one registered employer to another, (II) the Reserve Pool to registered employer, (111) the registered employer to the Pool as provided for In the Scheme;

(m) to deal with appeals from registered Dock Clerical & Supervisory workers and employers under clauses 43 and 44;

(n) to fill an unexpected vacancy In the post of Executive Officer for a period of less than one month and report such matter to the Central Gov- ernment for approval;

(o) to ensure that the sanctions for temporary registration of workers are carried out without delay;

(p) to declare that there has been a 'go-slow' and to take action as authorised under the Scheme.

(q) to declare a 'state of emergency' and to take action as authorised under the Scheme;

(r) to discharge all other duties and responsibilities as specifically vested in the Chairman under the Scheme.

9. Functions responsibilities and duties of the Executive Officer.—Without pre- judice to the functions and powers of the Board and the Chairman and the Deputy Chairman, the Executive Officer who shall be a whole-time officer, shall be responsible for the administration of the Scheme and shall in particular be responsible for—-

(a) keeping, adjusting and maintaining the employers' register, entering or re-entering therein the name of any dock employer and, where cir- cumstanceB 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;

(b) keeping, adjusting and maintaining from time to time such registers or records as may be necessary, of Dock Clerical and Supervisory workers, including any registers or records of Dock Clerical and Supervisory workers, who are temporarily not available for dock work and whose absence has been approved by him and where circum- stances so require, removing from any register or record the name of any registered Dock Clerical and Supervisory worker either at hia own request or in accordance with the provisions of the Scheme and to carry out recruitment in any category of Dock Clerical and Super- visory workers as sanctioned by the Board from time to time; (c) discharge all functions relating to disciplinary action against registered Dock Clerical and Supervisory workers to the extent permissible under clauses 40 and 42;

(d) the grouping or re-grouping of registered Dock Clerical and Super- visory workers in accordance with the instructions received from the Board In such groups as may be determined by the Board;

(e) authorising the employment of unregistered workers in case registered Dock Clerical and Supervisory workers are not available for work In the Reserve Pool or in such other circumstances as the Chairman may approve;

(f) the allocation of registered Dock Clerical & Supervisory workers in the Reserve Pool who are available for work to registered employers and for this purpose he shall—

(i) be deemed to act as an agent for the employers; (11) make the fullest possible use of registered Dock Clerical & Super- visory workers in the Reserve pool;

(lii) keep the record of attendance at call stands or control points of registered Dock Clerical & Supervisory workers;

(lv) provide, for the maintenance of record of employment and earnings; (v) make necessary entries in the Attendance and Wage Card3 of the

workers in the Pool as laid down in clause 25;

(g) (i) the collection of levy, contributions to the registered Dock Clerical and Supervisory Workers Welfare Fund and maintaining & adminis- tering it or any other form of contribution from the registered employers, aa may be there in the Scheme;

(ii) th SEC. 3(11)] THE GAZETTE OP INDIA EXTRAORDINARY 393

(ill) the payment as agent of the registered Dock employer to each 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) 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;

(h) (i) the framing of the budget annually, submitting the same to the Board on/or before the fifteenth of February in each year and getting it approved by the Board;

(ii) maintaining complete service records of all registered Dock Clerical and Supervisory workers;

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

10. Labour Officer.—The Board shall appoint a Labour Officer, who shall assist the Executive Officer generally in the discharge of his duties and shall in particular carry out functions vested in him under clauses 39 and 40. He shall, under the supervision and control of the Executive Officer carry out such functions as may be assigned to him consistent with the provisions of the Scheme.

11. Officers appointed by the Central Government for proper working of the Scheme.— (1) The Central Government may in its discretion appoint from time to time in consultation with the Chairman of the Board one or more Officers and entrust to such Officer or Officers such functions as it may deem fit for the proper working of the Scheme.

(2) Such Officer or Officers shall be subject to the general supervision and control of the Chairman and paid from the funds of the Board. He or they shall hold office for such period and on such terms and conditions as the Central Govern- ment may determine.

12. Maintenance of Registers etc—(1) There shall be a register of Dock Employers-

(a) At the initial stage Shipping Companies or Steamer Agents or Stevedores or Contractors who have been employing such categories of workers as is specified in Schedule I of the Scheme shall be eligible for registration under the Scheme.

(b) subsequent registration, if required, will be determined by the Board as

per rules so framed.

(c) In no case, however, shall a person or firm be registered unless he or it has been licensed in that behalf by the Calcutta Port Commissioners.

If the licence issued to such an employer is not renewed by the Calcutta Port Commissioners for any reason, it shall automatically result in the name of the employer being suspended from the employers' (Register. (d) The Board may, subject to such conditions as it may prescribe In this behalf, permit persons registered under item (a) or (b) 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 licence from the Calcutta Port Commis- sioners in order to operate as employer of dock 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 prescribed in (a), (b), & (e) & (d~v above, 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 ta the group of employers to show cause against the propiis.il 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) There shall be a register of Dock Clerical and Supervisory workers.

(a) The workers' registers shall be maintained in the £orms prescribed by the Board for this purpose.

(b) The records of workers shall be maintained by the Board as under—

(i) Register 'A'.—A categorywise Register of Dock Clerical and Supervisory workers other than the Dock Cleric.il and Supervisory workers included in register 'C who are engaged by each registered employer on contract on monthly basis and who are known as monthly workers. The Senior Supervisor and the Asstt. Supervisor category of workers shall be permitted in this register only. Their allocation under different employers may be done by the Chairman. The criteria of such allocation shall primarily be the amount of shipping business trans- acted in the port by individual employers during the previous three years.

(ii) Register 'B'.—A categorywise Register of Dock Clerical and Supervisory workers who are in the Reserve Pool.

(iii) Register 'C.—A categorywise list nf Dock Clerical and Supervisory workers who are in the permanent monthly employment o* the Steamer Coys, or Steamer Agents.

NOTE.—Dock Clerical and Supervisory workers who are at present employed on casual and minimum guarantee basis by the Shipping Coys, or Steamer Agents shall be free to join Register 'B' if they are not Included in Register 'C by their present employers.

13. Classification of workers In Registers.—(1) The Board shall arrange for the classification of registered workers by categories in Registers 'A' and 'B'.

(2) Dock Clerical and Supervisory workers registered under the Scheme shall be classified into—

(a) Chief Clerk.—which would include Ship's Clerk, Delivery Chief Clerk;

(b) Assistant Clerk.—which would include Assistant Clerk, Plan Maker, Measurement Clerk, Receiving Clerk, Mates Receipt Writer, Manifest Clerk, Boat Inspector, Delivery Clerk, Manifest Clerk;

(d) Assistant Supervisor I R e n t er 'A' nr.1v (c) Senior Supervisor f Register A only. (e) Junior Supervisor or Clerk.—which would ii,elude Ship Clerk, Coopering

Receipt Writer, Labelling Clerk, Damage Reporting Clerk :

(f) Attendance Clerk.

14. Fixation of number of workers on the Register.—(1) The Board shall after due and proper investigation determine before the commencement of regis- tration in any category the number of workers required in the category.

(2) The numbers thus determined shall be subject to approval by Central Government before the commencement of registration.

(3¹) (a) The Board shall subject to the approval of the Central Government, periodically determine the number of workers required in each category and arrange to adjust the workers' registers accordingly.

(b) The Executive Officer, shall in accordance with the decision of the Board, arrange to register or de-register the workers with the least possible delay.

(c) The procedure for de-reglstration shall be separately laid down by the Board.

15. Registration of Existing Workers and Granting of Benefits.—(1) Before a worker ia registered in any of the above categories the Board shall make a thorough Investigation with a view to arriving at an estimate of the number of workers in that category that are likely to be required, out of all the workers in that category who may be working in the Docks.

(2) The mere fact that a worker has been working before in the port shall not automatically entitle him to registration.

(3) All Dock Clerical and Supervisory workers who were under the employment of dock employers up to and on 20th September, 1967 and those that are not in permanent employment of Shipping Coys or Steamer Agents shall be eligible to be considered for registration under the Scheme: Provided they are (i) Indian Nationals,

(ii) medically fit,

(ill) below 58 years ol age.

(4) Registration subject to clause 14 shall then be done as follows: —

(a) To Register 'A':

(i; The names of nil workers who on 1st January 1970 were on monthly employment of the Stevedore employers or Contractors shall be entered directly in Register 'A'—employerwise and categorywise. They shall continue to be in the monthly register of the employers concerned.

(ii) The names of any other workers who on 1st January 1&70 were on minimum guarantee terms or casual terms under any Stevedore employer or Contractor and who may at the outset be selected by an employer for monthly employment shall also be entered directly In Register 'A'—employerwise and categorywise. Subject to other provisions of the Scheme, all the benefits prescribed in the Scheme shall be admissible to the workers in Register 'A' from the date fixed under sub-clause 5(a) below for the commencement of rotational booking of workers on Register 'B'.

(b) To Register B.—The names of such number of workers as required for each category as determined under clause 15 above who were on 20th September 1067 on other than monthly tirma of employment under the Stevedore employer or Contractor shall be entered in Register B.

(c) All registration in Registers 'A' & 'B' shall be provisional subject to

verification of character and antecedents of the workers.

<5) Granting of Benefits under the Scheme: —

(a) As soon as the provisional registration has been complete in Register B, the Board shall fix the date from which booking on such rotational basis as Is decided by the Board shall be started for the workers in Register B:

Provided that a worker available for work in any category of Register B shall be booked by the Executive Officer in any other category where work is available.

(b) (i) From the date on which booking on the rotational basis is started, the workers in Register B shall be entitled to no other benefits than the gross daily wage^ that accrue to them for the days worked;

(c) A re-assessment of the requirements shall be made after 6 months in the light of the actual employment obtained by workers provisionally registered and the provisional register shall then be adjusted according- ly. Thereafter the following benefits shall be extended to the wor- kers : —

(i) Payment of attendance allowance under clause 28; (ii) Holiday wages for port closed days only; and (Hi) Sick and Casual Leave.

(d) The working under these conditions shall be examined after a year of the introduction of the rotational booking with a view to fixing the number Of days for which minimum guaranteed wages under clause 27 should be paid to the workers in Register B. From then onwards, the workers will be entitled to all the benefits under the Scheme.

(6) Fresh recruitment, whether On a temporary or permanent basis in any category in which Dock Clerical and Supervisory workers have already been registered under the Scheme will be guided by the provisions of clause 16.

(7) Notwithstanding any other provision of this Scheme, where the Board is of opinion that a Dock Clerical and Supervisory work has secured his entry In the register by furnishing false information in the application or by. withholding any information required therein, or where It appears that a worker has been registered improperly or incorrectly, the Board may direct th" removal of his name from the Register:

Provided that before giving any such direction, the Board shall give him an opportunity of showing cause why the proposed direction should not be Issued.

(8) Register 'C Entries: —

(a) Any of the aforesaid category of workers who were on 1st January 1970 in permanent employment of Shipping Coys, or Steamer Agents on a monthly salary basis shall not be registered but they can work without being registered. Their names shall be entered in jRegister 'C— employerwise and categorywise.

(b) Each employer of such workers shall supply to the Board a list showing

their names and such other particulars as the Board may require.

(c) The strength of such workers under an employer shall not be increased except with the previous approval of the Board, and if it is found necessary to fill the permanent vacancies In the strength of such permanent workers, they shall be filled as laid down in clause 16 (b). 16. Registration of New Workers and Recruitment for Register 'C—Future registration of workers in the categories in Schedule I shall be done wherever necessary by selection from the following sources in that order of priority:—

(a) For Register 'A' or 'B';

(i) From Tally Clerks registered with the Calcutta Dock Labour Board,

(ii) From Employment Exchange. (b) Recruitment for Register 'C': —

(i) From Register 'A'. (ii) From Register B. (iii) From the Reserve Pool of Tally Clerks registered with the Calcutta Dock Labour Board.

(iv) From outside through the local Employment Exchange with written permission of the Board.

17. Age of Entry and Retirement.—The upper age limit for entry as new entrants in Registers 'A' and/or 'B' in the categories In Schedule I under clauses 15(4) (a) (ii) shall be 25 years. The age of retirement of all workers under this Scheme shall be 58 years:

Provided that such a worker may be allowed to 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.

18. Employment, Promotion and Transfer of workers.—(1) A monthly worker of a particular category attached to a registered dock employer shall be entitled to be employed for work In that category by that employer in preference to any worker of the same category In the Reserve Pool.

(2) Subject to the approval of the Executive Officer a monthly worker of one registered dock employer, if available, may be employed by another registered dock employer.

(3) (a) A vacancy, other than a casual vacancy in any category of monthly workers, may be filled, if required, by selection by employer or group of employers from amongst his monthly workers of the next lower category.

(b) A vacancy other than a casual or temporary vacancy in any category of Reserve Pool workers may be filled, if required, by promotion of a suitable worker from the next lower category.

The criteria of promotion shall ordinarily be—

(i) merit and fitness for work in tho category to which promotion is to be

made, (Ii) seniority, and

(iii) record of past service.

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.

(4) The Chairman In consultation with the Executive Officer may allocate from time to time such number of Reserve Pool workers to the monthly registers of the employers as they may deem necessary in keeping with the objective of progressive and full decasuaHsation of the workforce. The monthly registers of the employers shall, for this purpose, be subjected to an annual review by the Board.

(5) When a Reserve Pool worker is transferred to the monthly register, his previous service shall be reckoned lor all benefits in the monthly register and the Board shall transfer to the monthly employer all benefits other than Provident Fund and Gratuity that have accrued to the worker in respect of the previous service as if such service had not been transferred. The Board shall, in particular, transfer to the monthly employer such amount as may be appropriate towards the- worker's leave that may be due to him on the date of such transfer,

(6) The Chairman or the Executive Officer may, for sufficient and valid rea- sons, allow the transfer of a monthly worker to the Rererve Pool on a request in. writing of the employer or the worker as the case may be, explaining fully the reasons for the transfer and no such transfer shall take place without proper investigation and prior approval in writing of the Chairman or the Executive Officer:

Provided that transfer In respect of a monthly worker to Reserve Pool shall be subject to the fulfilment of any contract subsisting between the monthly- worker and. his employer regarding termination of employment.

(7) If a monthly worker is transferred to or employed in the Reserve Pool, under sub-clause (6), 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 tranferred. The employer shall In particular transfer to the Board such amount as may be appropriate towards the worker's leave and gratuity that may be due to him on the date of such transfer.

(8) If a worker in Register 'C is retrenched being surplus to requirement, the Board may, subject to such conditions as it may specify, permit in its discretion, the registration of such a worker in Register 'B' as a fresh entrant either in the same category or in any other category for which he may be considered suitable by the Board, if he is below 58 years of age and medically fit and a written request therefor is received from him and his employer-

19. Medical Examination.—.(l) (a) A new worker before registration shall undergo, free of charge, a medical examination for physical fitness by a Medical Officer nominated by the Chairman for this purpose.

(b) A worker found medically unfit by a Medical Officer may apply in writing, to the Chairman and simultaneously deposit with him such fees as may be pres- cribed in this behalf, for examination by a Medical Board. On receipt of such a request, the Chairman shall set up a Medical Board.

(c) 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 employer deems it necessary, a worker shall undergo, free of charge, a medical examination by a Medical Board to be constituted by the Chairman. The employer with the approval of the Chairman shall have authority to terminate the service of the worker found unfit by the Medical Board. The decision of the Medical Board shall be final.

20- Facilities for Training, health and safety.—The Board shall make provision for training, health and safety of suitable registered Dock Clerical and Super- visory workers in the duties that it may deem necessary.

21. 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. Each employer shall pay a registration fee of rupees one hundred at the time of regis- tration under the Scheme.

22. Supply of Cards.—Every Dock Clerical and Supervisory worker when regis- tered shall be supplied, free of cost, with the following Cards in the forms prescribed by the Board, namely—

(i) Identity Card, (ii) Attendance Card, and (iii) Wage Card.

In case of loss of a Card, a fresh card will be Issued and the cost thereof, which will be fixed by the Board, shall be payable by the worker concerned. In all such cases of lnsn the worker must report the loss immediately to the Police and the Executive Officer.

23. 'Service Record' for registered Dock Clerical and Supervisory workers.— ''Service Record" for every Dock Clerical and Supervisory worker In Register 'A shall be maintained by all registered employers in a form prescribed by the Board which shall contain, among other things, a complete record of promotion, recom- mendations for good work, disciplinary action taken against the worker, etc. Similar records in respect of workers in Register 'B' shall be maintained by the Board.

"When a worker is transferred under clause 18(4), his service record form shall also be transferred to the new employer.

24. "Record Sheets" for registered Dock Employers.—The Executive Officer shall maintain records in respect of each registered Dock Employer in a form to be prescribed by the Board which shall contain, among other things, a complete record of disciplinary action taken against the registered dock employers.

25. Surrender of Cards.— (1) The worker's Card shall be surrendered to the Executive Officer in the following circumstances, namely :

(a) when proceeding on leave for 3 .lays or more; (b) when retiring from service; (c) when dismissed or discharged from service; or (d) when temporarily suspended; or (e) on death.

Provided that the registered dock employer of monthly worker or workers will also surrender the Card and service records of the worker to the Executive Officer in case of (a), (b), (c), (d) and (e) above.

(2) (a) (i) A registered dock worker In the Reserve Pool shall hand over his Attendance Card and Wage Card to the Executive Officer at the time he is allocated for work to a registered employer unless any of the Cards has already been de- posited with the said Officer previously and has not been returned to the worker.

(ii) The Executive Officer 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 returned them to him as soon as the entries have been made-

(b) (i) 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 ship unless any of the Cards has already been deposited with the employer previously and has not been returned to the worker,

(ii) 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 en- tries have been made.

26. 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 successive 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.

(el 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 defined in item (b) above is not available, a Reserve Pool worker may be employed upto 9 shifts In a week or 33 shifts in a month.

The same restrictions regarding employment as In (b) above shall apply in the case of workers on Register 'C\

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

fe) Workers working more than one shift in a day will be entitled to the normnl rate of wages for work In each shift.

(3) Workers of each category on the Reserve Pool Register shall be allotted •work strictly by rotation.

k 27. Guaranteed Minimum Wases in a month.—(1) Subject to the provisions of clause 15(5). the minimum number of days for which wages are guaranteed to any Reserve Pool worker may be fixed by the Board for each year on the basis- of the monthly average employment obtained by the workers in the Reserve Pool during the preceding year, in the category to which he belongs as detailed lr. Schedule rV:

Provided that the number so fixed shall not In any case be more than 21.

NOTE: An illustration of th e method of assessing the average employment Is detailed in Schedule IV

(2) The days on which work ia allotted to the worker shall be counted to-- wards the guaranteed minimum number of days for which wages shall be paid. The guaranteed minimum wages in a month shall be:

(a) for the number of days for which wages are guaranteed in a month subject to the condition that the worker attended for work on all days In the month as directed by the Executive Officer, cr

(b) proportionate to the number of days on which the worker attended for work, provided he was excused from attendance on all the remaining, days of the month. (3) For the purposes of this clause—

(a) the wage rate payable shall be inclusive of dearness and other allow- ances, as prescribed by the Board appropriate to the category to which he belongs, either substantively or temporarily for a period of a month or more,

(b) any additional shift or shifts worked in a day shall not be separately

counted as a day.

(c) A worker on his weekly off day will be deemed to have been on atten- dance unless he was specifically booked for work on such a day by the Executive Officer and had failed to attend.

28. 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 dearness and other allowances at the rate of rupee one per day for the days on which, during a wage period month he attended for work as directed by the Executive Officer ana no work was found for him:

Provided that the Board may, from time to time, allow payment of attendance allowance exclusive of dearness and other allowances at a higher rate not exceed- ing rupees two per day, as it may deem necessary.

Provided further that no attendance allowance shall be payable for any day for which wages, inclusive of allowances, have been paid under clauses 30 and 37-

⁹9. Employment for a shift—No worker in the Reserve Pool Register shall be "mployed 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 shall undertake such other work In or at the same or another vessel or berth as may be required by the same employer for the remainder of the period.

30. D'sappolntment Money,—When a worker in the Reserve Pool presents himself for work and for any 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 ecmal to half the daily wage plus allowances 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 allowance.

31- Holidays.—Each worker shall be entitled in a year to 8 holidays with pav at such rates as may be prescribed by¹ the Board under clause 37 including all such days, which shall not exceed 6 in a year, as are declared by the Board as closed holidays. Any payment made under this clause shall be exclusive of the payment calculated under clause 27.

32. Committees.—(1) The Board may appoint one or more Committees to whom it may entrust such of its functions as it may deem necessary to facilitate compli- ance with the provisions of the Scheme and may abolish or reconstitute them is- it may deem necessary.

(2) Persons who are not members of the Board may, if necessary, be nominfi- ted as co-opted members of a Committee; such co-opted members, however, shall not have any right to vote.

33. Obligations of Registered Dock Clerical and Supervisory Workers.— (1) Every registered Dock Clerical and Supervisory worker shall be deemed to have accepted the obligations of the Scheme.

(2) A registered dock Clerical and Supervisory worker in the Reserve Pool who is available for work shall be deemed to be in the employment of the Board. (3) A registered dock Clerical and Supervisory 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 Executive Officer.

(4) A registered dock worker in the Reserve Pool who is available for work shall carry out the directions of the Executive Officer and shal'—

(a) report at such call stands or control points and at such times as may be specified by the Executive Officer and shall remain at such call stands or control points,

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

(iil for such period,, not exceeding one hour as may be specified;

(b) accept and agree to a transfer to the Monthly Register of any registered employer to whom he might be allocated by the Chairman; and (c) accept any employment in connection with dock work, whether in the category in which he has been registered or in any ether category for which he is considered suitable by the Executive Officer.

(5) A registered dock worker who is available for work when allocated by the Executive Officer for employment under a registered employer shall carry out his duties in accordance with the directions of such registered employer or his authoristd representative and the rules of the port or place where he is working.

34- Obligations of registered employers.—(1) Every registered employer shall accept the obligations of the Scheme.

(2) Subject to the provisions of clause 35(1) and the relaxation given in clause 35(2), a registered employer shall not employ a worker other than a Dock Clerical and Supervisory worker who has been allocated to him by the Executive Officer in accordance with the provisions of clause 19 (f).

(3) A registered employer shall in accordance with arrangements made by the Executive Officer submit all available information of his current and future worker requirements.

(4) A rcpistered employer shall supply to the Executive Officer such data and information in respect of the registered workers engaged by him, as the Executive Officer may require from time to time,

(5) (i) A registered employer shall pay to the Executive Officer in such manner and at fuch times as the Board may direct the levy payable and such other administrative charges under clause 48 and the gross wages due to daily work- ers.

(li) A registered employer sha¹! make payments as contributions to the Dock Clerical & Supervisory Workers Welfare Fund under clause 51.

(iii) (a) A registered employer shall nay to the Board the monthly Provident Fund subscriptions 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 each recovery. (b) The cost of mointaining the Provident Fund amounts of the monthly workers shall be defrayed by payments to the Board made by the Registered Employers in the manner and on the bssis as might be fixed by the Board from time to time.

(5) 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 designated by the

Board upon reasonable notice all such records and any other documents of any kind relating to registered dock workers and to the work upon which they have been employed and furnish such information relating thereto as may be set out in any notice or directions issued by or on behalf of the Board.

(6) In keeping with the objects of the Scheme and in accordance with clause 18(4), every registered employer is expected to maintain at least 75 per cent of his total requirement of workers under the Scheme on his monthly register. With this end in view, the registered employer shall agree to accept such additional allocation of workers from the Pool to his monthly register as the Chairman or Deputy Chairman may decide from time to time in consultation with the Execu- tive Officer.

(7) (1) A registered employer meaning stevedore employer/contractor or a jjroup of such employers is permitted to use registered Dock Clerical and Super- visory workers only under a direct stevedoring appointment with the ship-owners, shipping agents or shipping companies,

(2) The Board may at any time demand production of such appointment docu- ments pertaining to work on any ship, from any such employer for the purpose of verification.

35. Restriction on employment.—(1) No person other than a registered employer shall employ any worker on dock work, nor shall a registered employer engage, subject to the relaxation given in sub-c⁷ause (2), for employment or employ a worker on dock wvrork unless that worker is a registered dock Clerical and Supervisory worker.

(2) Notwithstanding the foregoing provisions of this clause— (a) where the Executive Officer is satisfied that: —

(i) dock work is emergently required to be done; and (ii) it is not reasonably practicable to obtain a registered Dock Clerical and Supervisory worker for that work,

the Executive Officer may, subject to any limitations imposed by the Board, allocate to a registered employer a person who is not a registered Dock Clerical and Supervisory worker, In selecting such workers the local Employment Exchange organisation shall, as far as possible, be consulted:

Provided that, whenever unregistered workers have to be employed, the Executive Officer shal] 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 circums- tances under which such workers were employed and the Chairman shall duly inform the Board of such employment at its next meeting;

(b) in the case referred to in item (a), the person so employed HS nfore- said by a registered employer shall, for the purposes of clause 34 and clause 37 be treated In respect of that Dork Cieiical and Super- visory worker as if he were a pool worker.

(3) A registered worker in the Reserve Pool may, provided he fulfils fully his obligations under clause .^3, take up occasional employment under employers oiher than those repi^-tere^ uirlpr the Scheme on thoie days on which he is not allocated for work by the Executive Officer.

36. Circumstances in which the Scheme cease* to aptily.— (1) The Scheme shall cense to apply In a registered Dork Clerical and Supervisory worker when his name has. been removed from the registers or records Ir. accordance with the provisions of the Scheme.

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

(3) Nothing In this clause shall affect any obligations incurred or right accrued during any time when the person was a registered Dock Clerical and Supervisory worker or a registered employer,

37. Wnecs. Allowances and other conditions of service of workers in c a t t e r i es in Schedule I — (1) Unlp^s otherwise sppclficallv provided for in the Scheme, It shall be an implied condition of the contract between a registered Dock Clerical

and Supervisory worker in the categories in Schedule I (whether In the Reserve Pool or in the Monthly Register) and a registered employer that the rates of wages,, allowances and overtime, hours of work, rest intervals, holidays and pay in respect thereof and other conditions of service shall be such as may be prescribed by the Board for each category of workers from time to time, subject to the provisions of sub-clauses (2) and (3).

(2) Subject to the conditions of contract as in sub-clause (1) above, a worker on the monthly register (Register 'A') shall be entitled t0 the full monthly wagea and allowances of the category to which he belongs whether he is allotted work on all days or not.

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

38. Pay In respect of unemployment or under-employment.—(1) Subject to the other provisions of the Scheme and to the conditions set out In this and the next following clause, when in any wage period, a registered Dock Clerical and Supervisory worker in the Reserve Pool is available for work but is not given employment or full employment, he shall be entitled to receive from the Board and amounts as may be admissible to him under clauses 27, 28 and 30.

(2) The conditions subject to which a registered dock worker is entitled to the said payment (if any) from the Board are that—

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

39. DLsentltlement to Payment.-—(1) A registered Dock Clerical and Supervisory- worker who while in the Reserve Pool fails without adequate cause to comply with the provisions of clause 33(4")(a) & (b), or fails to comply with any lawful order given to him by or on behalf of the Board, may be proceeded with In accordance with sub-clause (3).

(2) A registered dock worker in the Reserve Pool who, while In employment to which he has been allocated by the Executive Officer, fails without any adequate cause to comply with the provisions of clause¹ 33(5) or fails to comply with any lawful orders given to him by his employer, may have his engagement terminated and may be returned to the Reserve Pool and, whether or not he is so returned may be reported in writing to the Labour Officer, When a registered dock worker Is so returned to the Reserve Pool, the Executive Officer shall endorse his Attendance and Wage Cards accordingly,

(3) The Labour Officer shall consider any matter arising under sub-clause (1) or (2) and If, after Investigating the matter, he notifies the registered Dock Clerical and Supervisory worker that he is satisfied that the registered Dock Clerical and Supervisory worker has failed to comply with lawful order ts aforesaid, the registered Dock Clerical and Supervisory worker shall not be entitled to any payment or to such part of any payment under clause 38 as the Labour Officer thinks fit in respect of the wage period in which the failure occurred or continued:

Provided that! the registered Dock Clerical and Supervisory worker will be given an opportunity of showing cause before the Labour Officer takes any decision under this sub-clause.

40. Disciplinary Procedure.—(1) (I) The Executive Officer on receipt of information whether on a complaint or otherwise, that a registered employer has failed to carry out the provisions of the Scheme may after investigating the matter give him a warning in writing, or

(li) Where In his opinion, a higher penalty is merited, he shall cause such further investigation to be made as he may deem fit and take any of the following steps as regards that employer, that is to say, he may—

(a) censure him and record the censure In his record sheet, or (b) subject to the approval of the Board and after one month's notice in writing to the registered employer, remove the name of the employer for such period as determined by the Board or permanently in case of a grave offence.

(2) A registered Dock Clerical and Supervisory worker in the Reserve Pool, who fails to comply with any of the provisions of the Scheme, or commits any act o£

'indiscipline or misconduct, may be reported in writing by the employer to the Labour Officer who may. after investigating the matter, Uko 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 38 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 aub-ciause (2) the Labour Officer is of opinion that the act of indiscipline or misconduct Is HO serious that the worker should not be allowed to work any longer, the Labour Officer may, pending investi- gation of the matter, suspend the worker and report Immediately to the Executive Officer, who after preliminary investigation of the matter shall pass orders thereon subject to provisions of sub-clause (5) whether the worker should, pending final orders remain suspended or not;

(b) where a worker has been suspended by an order under item(a), he shall be paid for each day of suspension a subsistence allowance equivalent to the attendance allowance provided In clause 28 or one-fourth of his dally 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 "rant a higher subsistence allowance not exceeding half the total daily wage Including dearness allowance;

(cl the subsistence allowance so paid shall not be recoverable or liable to forfeiture In any case whatsoever:

(d) where a worker is found not Ruilty he shall be entitled to such payments as tho Executive Officer certifies that the worker would have received on the time rate basis or under clause 28 had he not been suspended;

Provider! that the amounts po payable shall be reduced by the amount of subsistence allowance payable or already paid during a particular period.

(4)Where, in fhe opinion of the Labour Officer, a higher punishment than that provided in sub-clauses (2) and (3) is merited, he shall report the case to the Executive Officer.

(5) The Executive Officer mav make or cans-? to be made such further investiga- tion as he may deem fit and thereafter take nny one of the following steps as regards the Dock Clerical and Supervisory worker concerned:-—

(a) Suspend him without pay for a period not exceeding three months; (b) terminate his services after giving 14 davs' notice or 14 days' wages

Inclusive of deafness and other allowances In lieu thereof; or

(c) dismiss him,

(6) Before any action is taken under this clause Ihe person concerned shall be Clven an opportunity to show cause why the proposed action should not bo taken n/rainst him.

(7) Notwithstanding any thing contained In this clause and clause 40, the powers vestpd In the authority Jri column (\) of th<= Table below under the provisions specified in column (2) of the said Table, shall plso be exercisable by the authority specified In the corresponding entry in column (X) In such cases as the last named authority may specify In writing In this behalf:

TABLE

Authority empowered to take action in specified Authority empowered ro rake action

case*

Power tfiven '*" under

(i)

ft)

CD

Executive Officer

• Clauses 19 and 40 . Clause 40

Chairman

I. Labour Officer . . . . . 2. Executive Officer

(8) Without prejudice to the powers of Ihe Chairman under clause 41 a IP- glstered employer shall have full powers to take disciplinary action against monthly workers employed under him.

41. Special Diiiciplinary powers of the Chairman of the Board.—(1) Notwith- standing anything contained in the Scheme, if the Chairman is satisfied that a 'go-slow' has been resorted to by any registered Dock Clerical and Supervisory worker 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 d) has been made, it shall be lawful for the Chairman—

(i) in the case of monthly workers, to take without prejudice to the rifihts of the registered employers, such disciplinary action Including dis- missal, against such workers, es be may consider appropriate; and

(ii) in the case of registered Dock Clerical and Supervisory workers in the Reserve Fool to take such disciplinary action including dismissal against such workers as he may consider appropriate ;>nd also to order forfeiture of their guaranteed minimum waRes and attendance al- lowance 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 gainst sny 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 aeainst 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 im- mediately after a d?claration has been made under sub-clause (1).

(9) (a) where a worker has been suspended pending enquiry, he shall bo paid for each day of suspension a subsistence allowance equivalent to th-? attendance allowance provided in clause 28 or one-fourth of his daily wage including dearne^s allowance, whichever is greater:

Provided that for the period of suspension in excess of a month, Ihe Chairman may, In exceptional cases grant a higher subsistence allowance not exceeding half the total dally 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 Executive Officer may certify that the worker would have received on the time rate basis under clause 28 had he not been suspended:

Provided that the amounts so payable shall be reduced by the amount of sub- sistence allowance already paid during that period.

(5) An3' registered dock worker who is aggrieved by an order of the Chairman under sub-clause (2) may, within 30 days of the date of receipt of the order, prefer an appeal to the Central Government

42- Termination of employment:—(1) The employment of a registered Dock Clerical and Supervisory worker in the Reserve Pool shall not be terminated except in accordance with the provisions of the Scheme.

(2) A registered Dock Clerical and Supervisory worker In the Reserve Pool shall not leave his employment with the Board except by giving fourteen days' notice in writing to the Board or forfieting fourteen days' wages inclusive of dearness allowance in lieu thereof.

(3) When the employment of a registered Dock Clerical and Supervisory worker with the Board has been terminated under sub-clause CU or (2¹) above, his name shall forthwith be removed from the register or record by the Executive Officer.

43. Appeals by workers:—(1) Save as otherwise provided in this clause, a worker in the Reserve Pool who i

TABLE

Authority pacing order

Order made

Ap eel late Authority

under

( 2)

(3) (0

Labour Officer . . ..

. Clause 19 a id p ExecL-tivi Offi:*r

Executive Officer . . ..

. Clause 40

Chairman-

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

(i) placing him in a particular group in the register or record; or (ii) refusing registration under clause 19; or (iii) requiring him under clause 33(4)(c) to undertake any work whkli in nut of the same category to which he belongs; may prefer an appeal to the Chairman.

(3) Any dock worker who is aggrieved by an order under clause 18(8) may prefer an appeal to the Chairman.

(4) No appeal shall lie where due notice has been given of the removal of the name of a registered Dock Clerical and Supervisory worker from the registers or records in accordance with the instructions of the Board if the ground of removal lft that the registered Dock Clerical and Supervisory worker falls within a class or description of Dock Clerical and Supervisory workers whose names are to be removed from the registers or records in order to reduce the size thereof:

Provided that an appeal shall lie to the Chairman where the registered Dock Clerical and Supervisory worker alleges that he does not belong to the class oi¹ description oi' do._k workers referred to in the Instructions of the Board-

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

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

(6) An appellant shall not be entitled to be represented by a legal practitioner before the appellate authority but he shall be entitled to be represented by a representative of the registered trade union of which he is a member of by a registered Dock Clerical and Supervisory worker.

44- Appeals by Employers:—(1) (a) A registered employer who is aggrieved by an order of the Executive Officer under clause 40(1) (i) may appeal to the- Chairman, whose order shall be final and conclusive and there shall be no appeal against it;

(b) In the case of an appeal against an order under clause 40(li)(b), the Chairm&n shall forthwith refer the matter to the Central Government. The Central Government shall make such order on the appeal as it thinks fit.

(2) An employer who hus been refused registration under clause 12 (i) (a) 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 again bt it.

C-i) If a registered employer is aggrieved by any original order of the Chair- man against him under clause 40, he may prefer an appeal to the Central Govern- ment- The Central Government shall make such order on the appeal as it thlnkB fit.

14) Every appeal referred to in sub-elauses(l), (2, and (3) shall be In writing and pieierred within 14 days oi. the receipt of the uider appealed against:

Provided that the appellate authority may ior reasons to be recorded admit an appeal prelerred alter the expiry of 14 days.

(5; An appellant shall not be entitled to be represented by a legal practitioner before the appellate auihority but he shall be entitled vo be represented by a representative of the Association of Registered Employers en which ne is a member or by a registered employer.

45. Power of revision of the Chairman;—Notwithstanding anylhing contained in this Scheme, the Chairman, in the case of an order passed by the Executive Officer under clause 40, may at any time call ior the record of any proceeding hi which the Executive Officer has passed the order, lor 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 shall not pass an order under this clause pre- judicially to any person without giving him a reasonable opportunity of being heard.

46. Stay of order in case of certain appeals:—Where an appeal is lodged in accordance with the provisions of clauses 43 and 44, the appellate authority may suspend the operation of the order under appeal, pending the hearing and dispo- sal di the appeal.

•U. Special provisions for action in an emergency:—(1) If at any time the C Iiaalrman is satisfied that an emergency has arisen which will seriously affect me working of the port, he may, by order in writing and for such period as he may from time to time specify therein muke a declaration to that effect:

Provided that no such declaration shall be made except with the provious approval of the Central Government.

(2) So long as an order under sub-clause (1) is In force, the following provi- sions shall apply, namely:—

(i) If any allegation is made that a registered employer has failed to carry out the provisions of the Scheme, the Chairman may alter holding 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 Dock Clerical and Supervisory 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 39;

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

inclusive of dearneas allowance in lieu thereof; or

(e) dismiss him.

(Hi) (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 28 or one-fourth of his dally wage including dearness allowance, whichever is greater:

Provided that for the period of suspension in excess of a month, the Chair- man may, in exceptional cases grant a higher subsistence allowance not exceeding half the total daily wage including dearness allowance;

SCHEDULE

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

VQ) where a worker is found not guilty, he shall be entitled to such pay- ments in respect of the period of his suspension as thu £.xecutive Officer may cerafy that the worker would have received on the time rate basis or under clause 29 had he not been suspended;

Provided that the amount so payable shall be reduced by the amount of subsistence allowance already paid during that period.

(3; The provisions of the Scheme relating Lo disciplinary action against registered employers and registered Dock Clerical and Supervisory woikers shall not apply to any order passed by the Chairman under sub-clause (2).

(4) Any registered Dock Clerical and Supei visory 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 01 receipt oi' the order, prefer an appeal to the Central Government.

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

48. Cost of operating the Scheme.—(I) The cost of operating the Siheme shall be defrayed by payments made by registered employers or his authorised agent as approved by the Board to the Board. .Every registered en.ployer shall pay to the Board such amount by way of levy or MJCII other administrative charges in respect of Reserve Pool workers together with and at the same time as or earlier than the payment of gross due from him under clause 34, as the Koard may, from time to time, prescribe by a written notice to registered employers and the amount payable by way of such levy or other r.dminlstrativc charges shall not be less than such amount as the Board may fix as the minimum payable by every registered employer. The Board may also require any registered employer to pay such amount by way o£ levy in respect of monthly workers at such rate as it may determine:

Provided that, where wages are payable to workers at an interval oi less than a month, the Board may at its discretion allow the amounts, other than gross wages, payable under this sub-clause to bo 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 llx different rates of levy or other administra- tive charges for dillerent 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 or other administrative charges exceeding hundred per cent of the estimated total wage bill calculated on the basis of the daily time rate wage inclusive of allowances without the prior approval of the Central Government.

(4) A registered employer shall on demand make a payment to the Board by way 01 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 Executive Officer 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 (I) or under clause 34(4)(i) any other amount due and payable to the Board In any other capacity or account within the time prescribed by the Execu- tive Officer, the Executive Officer shall serve a notice on the employer to the effect that unless he pays his dues within three days from the date of receipt of the notice, the supply of registered Dock Clerical and Supervisory workers to him shall be suspended. On the expiry of the notice period, tho Executive Officer shall suspend the supply of registered Dock Clerical and Supervisory workers to a defaulting employer and charge interest on the amount due at such rate and from such date as the Board may decide, until he pays his dues. U the employer fails to pay his dues within 45 days of the date of issue of the notice, his rume shall be liable to be removed from the Employers' Register.

40. Arrears of deaincss allowance, wages and other allowances.—In case of any revision of dearness allowance or grant ot revised wages or oth.-:r allowances, witti retrc jpecUvo effect, in pursuance of any Award or recommendation of any Board or body set up, or of any ordu¹ made, by lhe Central Government, the Board may, out of its funds, pay the registered workers arrears up to the date of the Award or, as the case may be, of the recommendation or order, if the Board so decides.

50. Provident Fund and Gratuity.—(1; l he Board shall, in .cspect of aJl the registered workers in Registers 'A and 'B', irame and operate rules providing for Contributory Provident Fund, lhe rules a'nail provide tor the late ot contribution from the workers and the employers, the manner and method ol payment and such other matters aa may be considered necessary.

(.2) The Board shall Irame and operate rules for payment of gratuity ot regis- tered workers.

(3) The Board shall, If necessary, make suitable provision for a Voluntary Re- tirement Fund or such other Funds as the Board deems necessary and shaU frame rules for operating the same.

51. Dock Workers Welfare Fund.—(i) Cost of amenities, Welfare nnd health measures and recreation facilities for registered workers shall be n.et from a separate fund called Dock Clerical and Supervisory Workers Welfare Fund which shall be maintained and operated by the Executive Officer.

(2) (ij Contributions to this Fund shnll be made by all registered employers at such rate as may be determined by the Board.

(ii) The Board shall frame rules for contributions to and the maintenance and operation of the Fund.

(iii) In framing such rules the Board shall provide for the association of workers' representatives with the formulation and implementation of the welfare measures. .

(iv) The day-to-day administration of the welfare measures should, however, be left to the Executive Officer.

52. Penalties.—A contravention of clause 36 shall be punishable with Imprison- ment for a period not exceeding three months In respect of first contravention or six months in respect any subsequent contravention or with fine not exceeding five hundred rupees in respect of first contravention or one thousand rupees in respect of any subsequent contiavention, or with, both imprisonment and fine as aforesaid.

SCHEDULE I

Classes of dock Clerical and Supervisory workers to which the Scheme applies:

(.a) Chief Clerk.

(b) Assistant Clerk, (c) Attendance Clerk. (d) Senior Supervisor. fe) Assistant Supervisor, (f) Junior Supervisor or Clerk.

SCHEDULE II

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 Company'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.

Vide Government of Bengal Notification No. 13-Marine, dated the 14th February, 1&29.

SCHEDULE III

Duties of Clerical and Supervisory Staff

1. Chief Clerk;

(a) To supervise and be in-charge of all documentation work performed

on the ships.

(b) To remain in touch with Chief Officer and Stevedore employers with a view to finalising stowage p^n of tile cargoes intended to be loaded on the fhip and to xcuai^e from time to time instructions from the Ship's Officers or Stevedore eT-ployera of any change in the stowage for implementation.

(cj On an Import vessel, the Chief Clerk will have to colnect details of cuigo on HI rival of the vessel and programme discharge in close liaison with the Ship's Officers and Stevedore employers.

(d) To prepare and is;uc Daily Morning Report of the cargo loaded or unloaded on the previous day along with such other statement aa may be required like list of cjirgo available each morning with various details and on aa Import vessel list of various cargo dis- charged or to be discharged etc etc.

(e) To prepare and finalise the Working Order lor each shift of work on

the ship in conjunction with the Chief Supervisor.

(f) To attend to Steamer Agents and Stevedore employers on the ship and provide them with such information as he may be called upon with rep.ard to di^chp.rfzt' or loading particulars.

(g) On completion of a vessel's work to verify and submit all documents to the ship, Steamer Agents and Stevedore employers us necessary.

2. Chief Supervisor:

(a) To act as representative of the Stevedore employers on the ship and to carry out such order¹; as Riven to him by Stevedoring Company with regard to Steamer's working.

fe) To receive and give Registration to the cargoes arriving by barges/ lighters overside- To place the lighters/barges on various hooks during the work as per the working report and as per directions of the Chief Clerk or Supervisor irom time In time,

(d) To maintain shipment Register after checking the tallies produced or figures collerted from the shed at the end of each shift and make necessary postm"s as necessary.

(e) To prepare and t-ubmit every morning the list of cargoes loaded or received alongside or in the shed awaiting shipment and to prepare such documents as may be directed either by Ship's Officers or superiors.

(f) To liaise with Port Commissioners' Shed Clerks with a view to receiv- ing, stacking and verifying expnrt cargoes as per Dock Challan and calling such lot ns necessary during shipment as per calling order.

(g) To write Mate's Receipt, Manifest and make postings to the General Stowage plan 1-D be presented after shipment.

(h) To ascertain the correct quantity discharged every shift from the ship's Tally or shed fiftuvus and to make such adjustment in the discharge Register.

(i) To carry out anv other order given by the Steamer Clerk with regard io loading or unloading of a ship, preparation and maintenance of documents.

4. Assistant Supervisor:

(a) To assist the Chiof Supervisor in loading and unloading operation.

(b) To see the cargo is londed with proper st.owace and in good condition;

similarly to see that import cargo is discharged in proper condition.

(c) To assist Chief Supervisor in maintaining speedy and efficient work on a .ship onci ti t?iv<"> such instructions to the Assistant Clerk or Junior Supervisor Clerk as may b? necessary for continuous work on 1he ship for placeient of boats or calling of cargo from the shed. .

(•A) To co-ordinate the work on the sh^d and the ship bv contacting various supervisory personnel of the shed or Port Commissioners so as to maintain a speedy and efficient work.

5. Junior Clerk or Supervisor;

(a) To look after proper loading of cargo by the Port Commissioners staff as per Calling Order I'iven by the ship and pursuing such work.

(b) To pursue thp work in the shed by remaining in tou"h with the shed personnel for proper or speedy receiving of cargo discharged from the ship.

(c) To supervise and make notings of damaged cartro which may be loaded or discharged and also to maintain a register of recoopered packages. fd) To make such marks or labelling on the cargo as is the practice on various lines.

fe) To carry out anv other order of superiors during the work with regard to supervision of loading or unloading.

•:. Attendance Clerku:

fa) Recording of attendance of the various workers on the ship.

(b) To compile the output report.

(c) To write Accident Reports and place them before the Chief Supervisor for verification and signature, and also to cai Ambulance, etc. In the event of an accident requiring hospitallsatlon of a wS*Jter.

SCHEDULE IV

[See clause 27]

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 registered Dock Clerical and Supervisory workers, in the Reserve Pool should be recorded.

(b) The effective strength of registered Dock Clerical and Supervisory workers in the Reserve Pool on all the working days of the month should be recorded.

The effective strength of registered Dock The number of registered Number of registered Clerical and Supervisory workers Dock Clerical and Dock Clerical and Supe- in the Reserve Pool Oil a popticular Supervisory workers rvisory workers in Jthe working day shallbe; on the Reserve Pool Reserve pool on author sed

registered on that day. or un authorised

leave plus number of workers in these categories who died or whose services were terminated on that day.

(c) The effective strength of registered Dock Clerical and Supervisory workers on all the working days ha a month obtained under (b) above should be added up and divided by the number of working daya in the month to yield the effective strength of these workers during the month.

(d) (a) should be divided by (c) to yield the average employment per

worker per month in these categories.

(e) The averages obtained under (d) above for 12 consecutive months should be added up and divided by 12. The average so obtained shall be fixed as the minimum guarantee for the next 12 months.

For clarification, an example is given below:—

Suppose that an assessment is made in June, 1956 and suppose the effective strength of registered Dock Clerical and Supervisory workers in the Reserve Pool and the man-shifts worked by them during the period Juno, 1958 to May, 1966 are as shown under columns (2) and (3) of the Table below :—

TABLE

Effective

Average employ- Month

ment per worker

strength.

per month,

Total No. of man - shifts worked

(4)

(3)

(1)

12

46,800

3900

3800

13

15 16

16

17

49.400 55.500 60,800 57.6oo 68,000 62,900

17

13

11 June 1955 July „ . August „ . September M . .. October „ • November ,, . .. December ,, . .. January 1956 February „ . ..

15

16

49.400 54,600 54.600 56,000 64,600

March „ April ;, . • •. May „ . . . .

3700 3800 3600 4000 3700 3800 3900 3foo 3500 3800

17

Column (3) divided by column (2) will show the average employment per worker per month and this Is shown in column (4) of the Table.

The minimum number of days in a month for which wagea should be guaranteed during the period June 1956 to May 1957 will be—

I 2 + I 3 + I5 + I 6 + I6 + I 7 + I7 + I 3+ i4+i5 + i6 + i7=i5-08

After -rounding to the nearest day = 15 days

Although this average has been calculated for the lowest categories of workers only, it will apply to all the categories of registered Dock Clerical and Supervisory workers.

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 for which wages are guaranteed will progressively increase but will never be decreased.

[No. 53/15/69-Fac,II/P&D.] T. S. SANKARAN, Jt. Secy.

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