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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 223] NEW DELHI, WEDNESDAY, APRIL 26, 1972/VAISAKHA 6, 1894

Separate pacing is given to this Part in order that it may be filed an a separate compilation.

MINISTRY OF LABOUR AND REHABILITATION

(Department of Labour and Employment)

NOTIFICATIONS

New Delhi, the 25th April 1972 S.O. 318(E).—Whereas certain draft scheme to amend the Calcutta Dock Workers (Regulation of Employment) Scheme, 1970, was published as required by sub-sec- tion (1) of section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948) at Pages 1991 to 2003 of the Gazette of India, Extraordinary part-II, section 3, sub-section (ii), dated the 21st April 1971 under the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. S.O. 1742, dated the 20th April 1971, Inviting objections and suggestions from all persons likely to be affected thereby, till the 24th May 1971;

And whereas the said Gazette was made available to the public on the 21st April, 1971.

And whereas the objections and suggestions received from the public on the said draft have been considered by the Central Government;

Now therefore, in exercise of the powers conferred by sub-section (1) of sec- tion 4 of the said Act, the Central Government hereby makes the following scheme to amend the Calcutta Dock Workers (Regulation of Employment) Scheme, 1970, namely:—

1. Short title and commencement.—(1) This Scheme may be called the Cal- cutta Dock Workers (Regulation of Employment) Amendment Scheme, 1972.

(2) It shall come into force on the date of its publication in the official Gazette.

(851)

2. In the Calcutta Dock Workers (Regulation of Employment! Scheme, 1970—

(1) in sub-clause (1) of clause 2,—

(a) in item (i) tihe words "but not more than adequate" shall be omitted; (b) fojr item (lii), the following item shall be substituted, namely:—

"Progressive fulfilment of the ultimate objective of complete d,ecasu- alisation of the work force.";

(2) in sub-clause (1) of clause 7, in item (d)

(i) for the expression, "the increase or reduction to be made in", the expression "to increase or decrease, as may be necessary" shall be substituted;

(ii) after the words "the same", the words "in keeping with anticipated requirements and" shall be inserted;

(3) for item (p) of clause 8, the following Item shall be aubstituted, namely:—

(p) "sanction and create fund or funds for specific purposes";

(4) in clause 12—

(a) sub-clause (f) shall be omitted; (b) for item (iv) of sub-clause (h), the following item shall be substi- tuted, namely:—

(iv) "sanctioning, subject to budget provision, the creation of posts the maximum salary of which exclusive of allowances is upto rupees five hundred per month, and making appointments to such posts"; (5) in clause 13, for the words "Employers' Association", the words "Em- ployers' Association or Associations'' shall be substituted;

(6) In sub-clause (2) of clause 14—

(i) in the heading, for the word "Inspectors", the words "Dock Inspec- tors" shall be substituted;

(ii) in the body—

(a) for the words "an Inspector or Inspectors", the words¹ "a Dock Inspector or Dock Inspectors" shall toe substituted;

(b) for the words "The Inspector" the words "The Dock Inspectoi- shall be substituted;

(7) in sub-clause (1) of clause 17—

(a) in item (al for the expression "deemed to have been registered", the expression "who are deemed to have been registered" shall be Substituted;

(b) in item (el, the expression "Category (k) shall be employed by the registered employers only" shall be omitted;

(8) in sub-clause (2) of clause 18,—

(a) against Item (g) the asterik, "•" shall be inserted; (b) after item (g), the following item shall toe inserted namely:— "£ (gg) Signallers.";

(c) at the end of the footnotes the following footnote shall be inserted, namely:—

"£—All Ex-Rollias III under the 1956 Scheme shall be designated as Signallers. If they are not employed as Signallers, they shall work as Stevedore Mazdoor (Junior)";

(9) in clause 19,

the last two sentences beginning with the words "The Administrative Body" and ending with the words "by the Board" shall be omitted;

(10) in clause 20,—

(a) in sub-clause (i)—

(i) in the heading for the brackets and letter "(])", the brackets and letter "(k)" shall be substituted;

(ii) first and second paragraphs, shall be relettered as "(a)" and "(b)" respectively;

(b) in sUb-clause C2)—

(ii) for paragraph (c), the following paragraph shall be substituted, namely:—

"After the provisional registration has been completed, the booking in rotation within the number so registered, shall start with- out allowing at that stage, any financial benefits other than the gross daily wages which accrue to registered workers for the days worked, subject to a minimum of 12 days' gross daily wages In a month.";

(iii) in item (d) (iii), for the words "under the Scheme", the words "as decided by the Board" shall be substituted;

'(c) for item (a) of sub-clause (3), the following item shall be substitu- ted, namely:—

"Any fresh registration, provisional or otherwise, In any category in which dock workers have already been registered under the Scheme flhall be done—

(i) serially from workers available from the Hs!t of eligible candi- dates as prepared by the Registration Officer of the Board and left over at the time of initial registration, and

(ii) from workers registered with the local Employment Exchange.

JFor workers under item (i) above, the age of entry shall be below 58 years and for workers under item (ii), above, the age of entry shall be 25 years or below";

(d) the items (b), (c) and (d) of sub-clause (4) shall be re-number- ed as sifb-clauses (5), (6) and (7) respectively;

(11) in clause 22. for the word "criteria!" in Explanations, the word "criteria" shall be substituted;

<12) In sub-clause (2) of clause 32,—

(i) for item (c), the following item shall foe substituted, namely:—

"A worker in the reserve pool also shall not be employed for more than 9 shifts in a week or 33 shifts in a month";

(ii) in item (e), after the word, "wages", the words "inclusive of allow- ances" shall be inserted;

<13) in clause 34,—-

(i) in proviso (1) the following words shall be added at the end, name- ly:—

"and not less than 12";

(ii) the following note shall be inserted at the end of the clause, namely: "Note—For the purposes of this clause, the word 'category' wherever it occurs shall be deemed to include all classifications of sub- categories as made by the Board from time to time under the provision of clause 18.";

(14) in clause 35,—in the second tToviao, the words "or for which dis- appointment money has to be paid under clause 37" shall be omitted;

(15) for clause 36, the following clause shall be substituted, namely:—

"36. Employment jor a shift and payments.

(1) 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 hag been engaged—

(a) is completed during the working period of a shift, he shall under- take such other work in the same or any other vessel or berth us may be required by the same employer for the remainder of the Shift; and

(b) cannot commence for any reason and no alternative job can be provided for him by the employers for whom he had been- booked, he shall then revert to the reserve pool and shall accept any other employment that the Administrative Body" may allocate to him.

(2) Subject to the provisions of sub-clause (a) and (b) above, when- ever a worker in the reserve pool is booked for work immediately prior to the start of the shift and presents himself for work on the ship or point of work to which he had been booked, he shall be entitled to full wages inclusive of allowances appropriate to his category, even though the work for which he nad attended cannot commence or proceed and no alternative work can be found for him";

(16) Clause 37 shall be omitted; (17) in clause 38, for the words "Each worker shall be" the words "Each

worker shall normally be" shall be substituted;

(18) in clause 41—

(a) in sub-clause (4), for the words "tonnage of the handled", the words.

"tonnage handled" shall be substituted;

(b) in item _(iii) of sub-clause (5), for the words "Provident Fund amounts" the words "Provident Fund Account" shall be substi- tuted;

(c) in sub-clause (8), after the words "Steamer Agents" the words

"Charterers of vessels, shippers, consignees" shall be inserted,

(19) in sub-clause (lj of clause 42. for the words "sub-clause (5) of clause 20", the words "sub-clause (4) (c) of clause 20" shall be substituted; (20) in sub-clause (1) of clause 46, for the words and figures "clauses 34, 35 and 37", the words and figures "clauses 34 and 35" shall be substi- tuted;

(21) in sub-clause (1) of clause 47, for the expression "of item (a) or (b) of sub-clause (4) of clause 40", the expression "of item (a), (b) or (c) of sub-clause (4) of clause 40" shall be substituted;

(22) for Schedule II the following Schedule shall be sUbstitutsd, namely :—

SCHEDULE II

(See Clause 34)

The minimum number of days in a month for which wages are guaranteed to any category or sub-category of worker under the Scheme shall be assessed annually on the basis of the average employment during the immediately pre- ceding 12 months according to the following procedure:—

(a) The total number of man-shifts worked every month by the workers ol

any category or sub-category in the reserve pool shall be recorded.

(b) The effective strength of the said category or pub-category in the reserve pool on all the working days of the month shall be recorded under the following co'.umn headings:-—

Thenumberol the work- ers on the reserve pool register on that day

The effective str^n^th of the workers in the reserve pool on a particular working day shall be

The number oi the workers in thcr escrve pool on authorised or unauthorecd leave plus number of workers in these categories or sub-categories who died or whose seivices were terminated on thai day.

(c) The average daily effective strength of the workers on all working days in a month obtained under sub-paragraph (b) above shail 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.

(d) Sub-paragraph (a) above shall be divided by the figure obtained in sub- paragraph (c) above to yield the average employment per worker per month in this category or sub-category.

(s) The averages obtained under sub-paragraph (d) above lor 12 consecutive months sha'l be added up and divided by 12. The average so obtained shall be fixed as the minimum guarantee for the next 12 months.

F^r clarification, an example is given beiow; —

Example.—An assessment is made in June 1969 and the effective strength of the Winch Drivers in the reserve pool and manshifts worked by them durinE the period June, 1968 to May, 1969 are as shown under columns (2) and (3) of the Table helow:-—

M-inth

Fffective

strength

Total number of man- shifts worked

Average employ- ment per worker per month

2

I

3

4

June 1968.

July 1968

900 800 700 800 700 900 700 800 900 7 00 750 800

10800 10400 10500 12800 11 zoo I53CO 11900 10400 12600 10500 12000 13600 August 1968 September 196s October 1968 November 1968 December 1968 January 1969 February 1969 . March 1969 April 1969 May 1969.

12 T3 15 16 16 17 r7 13 14 15 16 17

Column C.j) divided by column (2) will show the average employment per

Winch Driver per month and the same is shown in column (4) of the Table,

The minimum number of days in a month for which wages shall be guaranteed

•for the Winch Drivers during the period June, 1989 to Mav 1970 will be—

12 4 - I 3 -I 15-I 16 f 1 6^ 17-1- 17-f- 1 3- i 4 - ' - i s - ' - i6 ' - T7 1 5 - 08

after rounding to the nearest day=15 days,

1 the registration of new categories or sub- •categories of workers mentioned in clause 20(2) of the Scheme. Similar calcula- tion shall be made in June, 1970 and thereafter every year";

'23) After Schedule V, for the heading "Payment by result scheme for dock workers of the Port of Calcutta" and paragraphs thereunder, the following Sche- lule shall be substituted, namely: —

SCHEDULE VI

Incentive Scheme for Docv Workers of the Port of Calcutta

1, Short title and application.— (1) The .Scheme may be called 'Payment by

Result Scheme' (hereinafter referred to as this Scheme),

(21 The Scheme shall apply only to the categories or sub-categories of workers

A3 detailed below in clause 2.

2. Processing Wage.—The processing wage of the different catecories of

workers shall be:

C a t e g o r i es

P r o c e s s i ng W a ge

D e ck F o r e m an . . . . . . • . . •• H a t ch F o r e m an . . . . . . - . . -•

R E. u - 25 8 ^ 25 I. 2.

Categories

Prcc essing

W age

R B.

)

3- 4- 5- 6. 7- 8. 9- 1 0.

7'3I 5-75 8-25 6'25 5'75 4-81 4-81 II'00- 6-.QO 4-75 S¹ 75 Tally Clerk Winch Driver Sardar Mate . Stevedore Mazdoor (Sr. Stevedore Mazdoor (Jr. Signaller Sardar Supervisor. Stitcher Bagger Sliceman . Chamachiya

11. 1 2. 13. 14-

•

NOTE:—When a general Mazdoor (Cargo) is deputed to work as a Stevedore Mazdoor (Junior), Chamachiya, Chapadar, Bagger, or Stitcher, his wages under this Scheme shall be processed on the basis of the processing wages of the Category in which he actually

3. Managing Scale.—(i) One Dock Foreman shall be booked in each shift on a working vessel, irrespective of the number of hooks working.

(ii) One Hatch Foreman shall be booked for every two working hatches:

Provided that at least one Hatch Foreman shall be booked for the hatches working on either side of the ship's accommodation.

(ill) Only one Tally Clerk shall normally be booked for every working hook, whenever tally of cargo is considered necessary by the Shipping Com- panies or Agents. One relieving Tally Clerk shall be booked for every 8 working Tally Clerka.

(iv) One Winch. Driver shall be, booked for every working winch. One reliev- ing Winch Driver shall be booked for every 6 working Winch Drivers.

(v) Only one stevedoring gang (consisting of one Sirdar, one Mate, four Steve- dore Mazdoor (Senior), two Stevedore Mazdoor (Junior) and one Signal- ler shall be employed per hook irrespective of the weight of cargo on the hook.

NOTE.—If on any shift the number of workers reporting for work is below full strength and if the vacancy cannot be filled, the wages as determined under clause 6 of the unfilled categories shall be divided amongst those present, provided the workers present have earned wages for 1-Unit of performance.

(vi) F.OT each hook requiring baggers and stitchers on bulk cargo, the follow- ing workers shall be booked:

Sirdar Supervisor Bagger Stitcher

- . 1 8 4

NOTE.—When SUcemen or Chamachiyas or both are engaged as Baggers Ir> handling bulk cargoes they shall be entitled to the processing wage of their res- pective categories.

4. Unit of Performance for ail shifts:

T o n n es T y p es of c a r go

B ag c a r g o, a ll t y p es i n c l u d i ng f o od . . . . . ..

T.

2.

55 50 35 ( a) J u t ej g u n n i es or j u te p r o d u c t s' __ ( b) J u te w e i g h i ng m o re t h an 7 5Q K gs e a ch . . . . ..

I r o n, a ll t y p es i n c l u d i ng u n f a b r i c a t ed s t e e l, s c r ap i r on . . ..

4-5 3-

T y pi of Cargo

Processing Wage

50 30 6 a 55 45 50 4- 5- 6. 7- 8. 9- I Q. I I.

4Q 8w 1 2.

P i g l r on Tea—including palletised tea when not handled by forklifts on board . Tea (palletised if handled by forklifts on board the vessel) Fertilisers (in bulk) Fertilisers (in bags) . . . . . . . . .. D r um (All types) . . . . . . . . .. All ore (including trimming) other than at N o. 5 K. G. Dock Ore at < K . G. Dock General cargo, including papers, wood pulp etc. and individual packages weighing up to 6 a tonnes . . . . . . . ..

35

NOTE.—(1) Individual packages, weighing over 60 tonnes shall be time-rated. (2) When the same gang or hook in the same shift handles more than one vtype of cargo, payjjient shall be made at the rate applicable to the type under which the larger or largest percentage of the total cargo falls.

(3) All workers shall •work for the full duration of each shift. 5. (i) Payments for outouts at different levels:

Levels of o u t p ut

P a y m e n ts

(a)

5

O ne unit T wo Units . . .. T h r ee U n i ts F o ur U n i ts . . .. Five U n i ts . . .. F or every u n it in excess of five

Processing wage (P.W.) plus W . B . I. (2 x P W) plus W. B. I. plus R s. %]-. (3 x PW) pltus W.B.I, plus R8.4/-. (4 x FW)plus W.B.I, plus Rs. 6/-. (5 x VW) plus W.B.I, plus Rn. 8/-. One additional P.W. in addition to wages fixed for five d) e) f)

units.

units.

NOTE,—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 Central Wage Board for Port and Dock Workers.

(ii) When the output of a worker is below one unit, except for reasons b e- yond his control, he shall be paid the processing wage. In .such cases. i.e., 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 out- put wag due to reasons beyond his control and ask for wages at the one unit level.

(iii) For outputs In excess of complete unit levels, the workers shall be paid pro rata at a rate equal to the difference between the completed unit and the next higher unit.

Example,—The one unit performance of the Cargo which is being worked, is 50 tonnes and the output in the shift is 175 tonnes i.e. 25 tonnes above ( c ). Then the payment shall be the full level of (c) payment, 25

²5 plus —x (difference between level (d) and (c), i.e., plus —.'. 50 50

(PW plus Rs. 2/-).

6. Incentive W UM of Workers concerned with more than one Hook.—(i) A relieving Winch Driver and a relieving Tally Clerk shall bo paid the average of the incentive wage* of the workers relieved.

(ii) A Deck Foreman shall be paid on tho basis of the average of the units of performance achieved by the workers of alJ the hooks that earned incentives during the shift.

(iil) A Hatch Foreman shall be paid the average of the units of performance of the hooks under his supervision that earned incentives,

. NOTE.—The Chief Officer or Officer on Duty of the vessel shall certify at the end of each shift whether the supervision by the categories of workers referred to under (ii), and (lii) above has been satisfactory, or unsatisfactory. If the super- vision has been unsatisfactory, the workers concerned shall not be entitled to any incentive wages.

7. Incentive Waffep of Tally Clerks.—The payment of incentive wages to Tally Clerks shaj be subject to tally being maintained satisfactorily. At the end of every ship, the Shipping Company or Agent shall certify whether tally maintaincd- has been satisfactory or not satisfactory. If the Shipping Company or Agent certifies that the tally maintained by a Tally Clerk or a group of Tally Clerks was not satisfactory, he or they shall not be entitled to any incentive wages for the shift or shifts concerned and the incentive wage or wages if paid to such workers, shall be adjusted in the salary bill or bills of subsequent month or months.. •

NOTE.—The tally will be considered satisfactory whenever the accuracy in counting is found to be not less than 95 per cent.

8. Idle Time.—Since units of performance have been fixed taking into ace fhe average loss of handling time that is occasioned in the course of stevedoring work at Calcutta, there shall be no separate payment for any idle time.

9. Determination of Hook output:

(i) For cargo landed into boats.—The employers shall maintain a hook-wise tally of all cargo so landed, by Tally Clerks registered or authorised under the Calcutta Dock Workers (Regulation of Employment) Scheme. 1970.

(a) For packaged cargo wpto and including sixty tonnes.—The Bill of Entry of Manifest weights shall be the basis for converting the" tallied quan- tities into tonnes.

(b) For bulk cargo landed after banging on board, the conversion into tonnes

shall be governed by clause 11.

(c) For bulk cargd landed in bulk, the tally shall be of the number of slings

and the conversion into tonnes shall be governed by clause 11.

(ii) For cargo shipped overside from boats.—The employers shall maintain a hookwise tally of all cargo so shipped, by Tally Clerks registered or authorised under the Calcutta Dock Workers (Regulation of Employment) Scheme, 1070.

(a) For packaged non-heavy lifts, the Boat Note or Shipping Bill weights shall be the basis for converting the tallied numbers into tonnes. (b) For bulk cargoes, such an scrap, mill scale etc.. the tally shall be of the number of slings and the conversion into tonnes governed by the Boat Note tonnage.

(HI) For cargo landed ashore..

(a) In the case of homogenous packaged cargo, including originally bagged' cargo and bulk cargo bagged on board or ashore, the Port Commis- sioners, on thf¹ basis of the connected shore gangs output, shall Issue certificates to the Dock labour Board and also to the Stevedore em- ployer, showing the tonnage landed by each hook during each shift. In all such cases when the stack counting is done Jointly with the shore gangi Sirdar and is recorded at the end of the shift Dy the Calcutta Port Commissioners' staff, a copy of the record shail be made available to the stevedore's representative soon -after the end of the shift concerned. For bulk cargo bagged on board or ashore, the conversion factor shall be determined as per provisions of clause 11.

(b) In case of miscellaneous or heterogeneous general import packages upto and including sixty tonnes in weight, the Port Commissioners on th? basis of the connected shore gang's output, shall Issue certificates tn the Dock Labour Board and also to the Stevedore employer, showing the periods for which each hook landed such cargo and the total weight of such cargo landed, based on a certificate of landing signed or countersigned by the officer on duty of the vessel for each shift of Work.

(c) In case of bulk cargo landed In bulk, whenever the number of slings handled by each hook during each shift is recorded by the Port Com- missioners for each hook, n copy of the record shall be made available to the Stevedore's represeniative soon after the end of the shift con- cerned. The Port Commissioners, on the basis of the connected shore' gang's output, shall issue certificates to the Dock Labour Board and ' to the Stevedore Employer, showing the tonnage landed by each hook during each shift, the conversion of slings into tonnes being governed by the provisions of clause 11

(iv) For cargo shipped from shore:

ia) In case of general exports, the Port Commissioners, on the basis of the connected shore gang's output, shall issue certificate to the Dock Labour Board and also to the stevedore employer showing the tonnages shipped by each hook on each shift. Such certificates shall show all the details supplied to ih.e Sirdar of the shore gang and noted in the gang handhook.

10. Determination of the total weight of Bulk Cargoes.—(i) For shiploads, the total weight of cargo on board shall be determined toy a draft survey by compe- tent surveyors appointed by ship-owners or agents or charterers,

(ii) For Parcel cargoes, the Bill of Lading weight or Mate's Receipt weight shall be taken as the total weight.

11. Conversion of numbers of slings or bags or packages into tonnes.— (1) For all bulk cargo which Is either landed or shipped in bulk, or in bags not standar- dised ashore, the total number of bags or slings landed or shipped by each hook shall be converted into tonnes by the current conversion factor as adopted by the Port Commissioners for shore labour.

(ii) For cargo landed in bulk and bagged and standardised ashore, the number of bags¹ standardised at each hook multiplied by the standard weight per bag will •determine the weight of cargo landed by the hook.

12. Adjustment.—For all the work covered under clause 9, if on a survey after •completion of work on a vessel, the tonnage, on the basis of which amount to be paid to workmen has been calculated, is found to be incorrect to an extent greater "than 2 per cent, then the amount underpaid or overpaid shall be adjusted pro rata to or from all the workers concerned.

13. Miscellaneous:— (a) Shifting of cargo.—Whenever cargo (including bulk cargo) is shifted from one portion of the hatch to another, a proper account shall be kept of the cargo shifted and the tonnage so handled as assessed by the employer, nnd that amount shall be credited to the workers engaged in the operation. For cargo shifted from one deck to another, one gang may be employed on each deck, ii necessary and when this is done, each gang "shall be separately credited with tonnage of cargo shifted.

(b) The employment of Baggers and Winch Drivers on bulk food ships, dis- charging through mechanical means, shall be time rated.

14. Increase in basic pay and allowances.—Increase in dally basic pay and al- lowances and the daily component of dearness and other allowance, as may be sanctioned by the Dock Labour Board, from time to time, shall be added as a differential to the incentive earnings of each workers.

IB. Nijrht allowance.—When called upon to work in the second and the third shifts, night allowance, as prescribed by the Board, shall be added as a differen- tial to each worker's incentive earnings.

16. Overtime allowance and holiday allowance.—When called upon to work on holidays or perform overtime work, all workers shall be entitled to holiday or overtime allowance or iboth as sanctioned by the Calcutta Dock Labour Board from time to time, in addition to their incentive earnings under the Scheme.

17. Other conditions of service shall remain unchanged. 18. The Chairman of the Port, who is also the Chairman of the Dock Labour Board. shall appoint a Standing Committee consisting of representatives of the Port Commissioners, Dock Labour Board, Shipping Companies, Stevedore employ- ers, shore labour and stevedore labour, to go into difficulties that may arise in the day to day working of this Scheme.

INCENTIVE TONNAGE SCHEME FOR SALT WORKERS OF THE PORT OF

CALCUTTA

1. Short title and application.—(a) The Scheme will be called the "Incentive Tonnage Scheme for Salt Workers" and hereinafter referred to aa "The Salt Scheme."

(b) The Salt Scheme shall apply to the categories of workers detailed in

Clause 2.

2, Manning Scales for Salt Hook Scale.—

Salt

Fine

Crystal Salt Category

U n i on P u r c h a se

Swinging Derrick

Union Purchase

Swinging. Derrick

F o r e m en

O ne p er shift for

One per shift for

w h o le s h ip

whole ship

3 2

2 2 • •

s

2 2 ** 12

3 2 3 12

S i r d ar S u p e r v i s o r s* W i n ch Drivers(§! S l i c e m en . . . . . .. C h a m a c h i y as H o l d) C h a m a c h i y as M a c h a n) . . . .. C h a m a c h i y as G u y)

x⁴

12 4 4

12 4 4

•Sirdar Supervisor includes Signallers. OS)) Relief for Winch Driver., .1 for every 6 working winch Drivers. **They are to be booked only when necessary. In such cases, the booking" shall be of 4 men per hookjscale, but employers may engage more SHcemen per hook or scale, if exigencies of work so require, pr*ri*ea previous permission is taken from the Deputy Chairman of the Board.

Fin*

c Salt

Crya ;tal Salt Category

Swinging Derrick

Union purchase

Union purchase

Swinging Derrick

2 2

2 2

I I

i I

One per three scales. One per shift for

One per three scales. One per shift for Chapadars Weighment Clerksf Weighmcnt Supervisors. Weighment Incharges

whole ship.

whole ship

tRelief for Weighment Clerk—I for every 3 working Weighment Clerks.

Note.—If on any shift the number of workers reporting for work is below full strength and if the vacancy cannot be filled, then the wages as determined under- clause 5 of the unfilled categories shall be divided among those present provided the workers have earned at least their time-rate wages pjus Wage Board Increase.

3 Determination of hook-output.—The output of each hook shall 'be determined,

according to the tally of the number of tubs discharged as maintained by the Weighment Clerk employed on the hook.

4. Rates Table.—The rates of payments per worker shall be as follows:—

Tubs 1 to 150 5-5paisepcrtub Tubs 151 to2oo 6-5paisepertub Tubs 201 and above. . . .. 7 • 5 paise per tub.

5 Computation of wages.—(a) When the output of a scale is 150 tubs or more,, the waees earned aa determined by application of the above rates table to the- outout of the hook in number of tubs, shall be payable to the lowest category of workers viz. Chamachiya (hold or guy). The other categories of workers shall!

be entitled to this amount plus the differentials mentioned in the following clauses. In addition, all workers shall be entitled to their respective Wage Board Increases.

Note.—Wage Board Increases means the increase in daily emoluments of a. workers as a result of the orders passed toy the Government on the report of the Central Wage Board for Port and Dock Workers.

(b) When the output of a scale is below 100 tubs except for reasons beyond the control of the workers, they shall be paid the actual wages earned or the. undernuted wages whichever is higher:—

W a g ei Category

I.

2. 3- 4- 5- 6. 7- 8. 9- 1 0.

Foremen Sirdar Supervisors Winch Drivers Slicemen C h a m a c h i y as ( M a c h a n) C h a m a c h i y as ( H o ld & G u y) . . . . . . . .. C h a p a d a is W e i g h m e nt Clerks W c i g h m e nt S u p e r v i s o rs W e i g h t m c nt I n c h a r g cs

Rs. H-25 11 'oo 5-75 5'75 5-19 5-12 5-i9 9-25 io-as 11-25,

In caBes where they are paid wages as mentioned above, it shall be open tc* them to make a representation to the Dock Labour Board trfat the low output was. due to reasons beyond their control and ask for payment of Wage Board Increases,

6. W:isre differentials of different categories of workers:—

Category

D

W a ge iffcrcn- tials

Rs.

6 15 5-8H 0 - 63 0 - 63 0 - 07 F o r e m en . . . . . . . . . . .. S i r d ar S u p e r v i s o rs . . . . . . . . . .. W i n ch D r i v e rs S l i c e m en G h a m a c h i y as ( M a c h a n) C h a p a d a rs . . . . . . . . . . .. " V e i g h m e nt I n c h a r g cs W e i g h m e nt S u p e r v i s o r s. W e i g h m e nt C l e r k s.

Q-Q7 6-13 5"I3 4-13

7. Incentive wajjes of workers concerned with more than one hook.—(a) The Foreman and the Weighment Incharge shall be entitled to the average of the incentive wages applicable to the workers of a]l the hooks which earned incentive wages during the shift.

(b) The Weighment Supervisor shall be paid the average of the incentive wages of those hooks supervised by him which earned incentive wafies.

Note.—The Chief Officer or Offlcer-on-Dutv of the vessel shall certify at the end of each shift whether the supervision by the categories of workers referred to in (a) and (ib) above has been satisfactory or unsatisfactory. If the supervi- sion has been unsatisfactory, the workers concerned shall not be entitled to. any Incentive wages.

(c) The relieving Winch Drivers¹ and the relieving Weighment Clerk shall be paid the average of the incentive wages of the worker or workers relieved.

8. Niifht allowance.—When called upon to work in the second and third shifts, night allowance as prescribed by competent authorities from time to time, shall be added as a differential to each worker's incentive earnings;

9. Idle time.—There shall be no separate payment for any idle time.

10. Overtime allowance and holiday allowance,—When called upon to work or holidays or on overtime, all workers shall be entitled to holiday or overtime aL lowances or bo'h as may be sanctioned by the Board from time to time, in addi> tion to their earnings under Scheme,

11. General.—Other conditions of service shall remain unchanged.

12. The Chairman of the Port, who is also the Chairman of the Dock Laboui Board, nhall appoint a Standing Committee consisting of representatives of the Port Commissioners, the Dock Labour Board. Steamer Companies, Stevedore em- ployers and stevedore labour to go Into difficulties that may arise in the day tc day working of this Scheme.

[No, 52/18/70-P&D.]

S.O. 319(E).—Whereas certain draft scheme to amend the Calcutta Chipping and Painting Workers (Regulation of Employment) Scheme, 1970, was published as required by sub-section (1) of section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948) at pages 2003—2019 of the Gazette of India, Extra-Ordinary, part-II, section 3, sub-section (ii), dated the 21st April, 1971 under the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), No. S.O. 1743, dated the 20th April, 1971, inviting objections or suggestions from all persons likely to be affected thereby, till the 24th May 1971;

And whereas the said Gazette was made available to the public on the 21st April, 1971;

And whereas the objections and suggestions received from the public on the said druft have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of this said Act, the Central Government hereby makes the following scheme to amend the Calcutta Chipping and Painting Workers (Regulation of Employ- ment) Scheme, 1970, namely:—

1. Short title and commencement.—-(1) This Scheme may be called the Calcutta Chipping and Painting Workers (Regulation of Employment) Amendment Scheme, 1972,

(2) It shall come into force on the date of its publication in the Official Gazette.

2. In the Calcutta Chipping and Painting Workers (Regulation of Employment) Scheme, 1970—

(1) in douse 2,—

(a) after the heading "objects and application" the sub-clause shall be numbered as " ( IV thereof and In that sub-clause (1) as so number- ed,—

(i) in item (i), the words "but not more than adequate" shall be

omitted;

(ii) for item (iii), the following item shall be substituted, namely;—

"progressive fulfilment of the ultimate objective of complete decasualisation of the workforce";

(b) in item (c) of sub-clause (3), the words "any cargo carried by", shall be omitted;

(2) in clause 7,—

after the heading "Functions' of the Board" the sub-clause shall fee number- ed as "(1)" thereof and in that sub-clause as so numbered, in Item (d) for the expression, "the increase or reduction to be made in", the expression "to increase or decrease, as may be necessary," shall be substituted;

(3) for Item (p) of clause 8, the following item shall be substituted, namely:--

"sanction and create fund or funds for specific purposes";

(4) in clause 12,—

(a) item (e) shall be omitted;

(b) for sub-item (iv) of Item (h), the following sub-Item shall be substitut- ed, namely:—

"sanctioning subject to budget provision, the creation of posts the maxi- mum salary of which exclusive of allowances is upto rupees five hundred per month and making appointments Lo such posts";

(bj in clause 16, in sub-clause (1),—

, (a) in item (a), for the expression "deemed to have been registered" the expression "who are deemed to have been registered" shall be sub- stituted;

(b) in item (b) for the words "For two years prior" the words "two years immediately prior", shall be substituted;

(c) in item (e) the full stop at the end, shall be omitted and the following, expression shall be added, namely;—

"without prejudice to the rights of the Board for the recovery of any outstanding liabilities remaining to be paid to the Board";

(6) In clause 17, In sub-clause (2),

(a) in item (&) for the expression "'B¹ Mazdoor", the following shall be substituted, namely:—

"(i) 'B' Mazdoor (ii> 'BB' Mazdoor"; (0) in item (e), for expression "C(L) Mazdoor", the expression 'D(L) Maz- door" shall be substituted;

(c) the following sentence shall be inserted at the end, namely;—

"The Board may, as it may consider necessary, for the efficient perfor- mance of work, further classify the workers of any category Into sub-categories.";

(7) in clause 18, the last two sentences beginning with the words "The Adminis- trative Body" and ending with the words "by the Board" shall be omitted;

(8) in clause 31, in sub-clause (2),

fa) for item (c), the following item shall be substituted: —

"A worker in the reserve pool also shall not be employed foi' more than 9 shifts in a week or 33 shifts in a month."

(b) in item (d) the following proviso shall be inserted at the end, namely; — "'Provided that such relaxation for workers under item (b) shall normally be permitted only if the workers under item (c) have also reached the maximum of their employment of 9 shifts in a week or 33 shifts' in a month.";

(c) in item fe) tor the word "wages" the words "wages inclusive of allowances" shall be substituted;

(9) In clause 33, the following note shall bo Inserted at the end, namely:—

"Note.—For the purposes of this clause, the word 'category' wherever it occurs shall be deemed to include all classifications of sub-categories as made by the Board from time to time under the provision of clause 17";

(10) in the second proviso of clause 34, the words "or for which disappoint- ment money has to be paid under clause 36" shall be omitted;

(11) for clause 35, the following clause shall be substituted, namely;—

"35. Employment for a shift and payments— (1) 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—•

(a) is completed during the working period of a shift, he shall under- take such other work in the same or any other vessel or berth as. mav be required by the same employer for the remainder of the shift; and

(b) cannot commence for any reason and no alternative job can be provided for him by the employers for whom he had been booked, he shall then revert to the reserve pool and shall accept any other employment that the Administrative Body may allocate to him.

(2) Subject to the provisions of sub-clauses (a) and (b) above, whenever a worker in the reserve pool is booked for work immediately prior to the start of the shift and he presents himself for work on the shift or point of work to which he had been booked, he shall be entitled to full wages inclusive of allowances appropriate to his category, even though the work for which he had attended cannot commence or proceed and no alternative work can be found for him¹';

(12) clause 38 shall be omitted:

(13) in clause 37, for the words "each worker shall", the words "each worker shall normally" shall be substituted;

(14) in clause 40 in sub-clause (7). for the word "stevedoring", the words "Chipping and Painting" shall be substituted;

(15) in sub-clause (1) of clause 41, for the expression "(5) of clause 19" the expression "3(b) of clause 19" shall be substituted;

(16) in sub-clause (1) of clause 44, for the words and figures "clauses 33, 34 and 36" the words and figures "clauses 33 and 34" shall be substituted;

(17) in sub-clause (1) of clause 45, for the words "of item (a) or (b) of sub- clause (4) of clause 39", the words "of item (a), (b) or (c) of sub-clause (4) of clause 39" shall be inserted;

(18) In Schedule I,—

(a) in item (1), for the words and brackets "(monthly worker only)" the

words and brackets "(monthly workers mainly)" shall be substituted;

(b) in item (3), the word and brackets "(outboard)" shall be omitted;

(c) in item (4), for the expression " ' B' Mazdoor (Inboard)", the following

shall be substituted, namely:—

"(i) 'B' Mazdoor,

(ii) 'BB' Mazdoor."

(d) in item (5), for the expression "C(L) Mazdoor", the expression "D(L)

Mazdoor" shall be substituted;

(19) for Schedule II, the following Schedule shall be substituted, namely:--

SCHEDULE II

(See Clause 33)

The minimum number of days in a month for which wages are guaranteed to any category or sub-category of workers under the Scheme ?hal1 be assessed annually on the basis of the average employment during the immediately preced- ing 12 months according to the following procedure;

(a) The total number of man-shifts worked every month bv the workers of any category or sub-category in the reserve pool shall be recorded. (b) The effective strength of the said category or sub-category of workers in the reserve pool on all the working days of the month shall be recorded under the following column headings;—

The number of the work- ers on the reserve pool register on that day.

The effective strength of the work- ers in the reserve poll on n par- ticular working day shall be

Number of the workers in the re- serve pool on authorised un-authorised leave plus num ber of workers in these cate^ gories who died or whose ser vices were terminated on tha day.