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REGISTERED No. D. (D.N.)-72

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 4] NEW DELHI, TUESDAY, JANUARY 4, 1983/PAUSA 14, 1904

Separate paging is given to this Part in order that it may be filed as a separate compilation

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MINISTRY OF SHIPPING & TRANSPORT

NOTIFICATION

New Delhi, the 4th January, 1983

S.O. 4(E).^Whereas the draft ot the Bom- bay Dock Clearing & Forwarding (Regulation of Employment) Scheme, 1981 was published as re- quired by sub-section (1) of Section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), at pages 3877-3902 of the Gazette of India, Part II, Section 3, Sub-section (ii), dated the 19th December 1981, under the notification of the Ministry of Shipping and Trans- port (Transport Wing), No. S.O. 3402 dated the 28th November 1981, inviting objections or suggestions from all persons likely to be affected thereby till the expiry of a period of two months from the date of publication of the said notifica- tion in the official Gazette.

And Whereas the said Gazette was made available to the public on the 2nd January, 1982.

And Whereas the objections and suggestions re- ceived from the public on the said draft have been considered by the Central Government.

Now therefore, in exercise of the powers con- ferred by sub-section (1) of section 4 of the said Act, the Central Government hereby makes the following Scheme for the port of Bombay, name- ly :—

1. Short title and commencement.—(1) This Scheme may be called the Bombay Dock Clearing and Forwarding Workers (Regulation of Employ- ment) Scheme, 1983 (hereinafter referred to as the Scheme).

(2) it shall come into force on the date of its

publication in the Official Gazette.

2. Objects and application :—(1) The ob- jects of the Scheme are to ensure greater regularity of employment for the dock clearing and forward- ing workers and to secure that an adequate num- ber of dock clearing and forwarding workers is available for the efficient performance of Dock clearing and forwarding wort.

(2) The Scheme relates to the Port of Bombay and applies to all workers engaged in loading, unloading, transport of import and export goods ;or clearance in the Bombay Docks as set out in Schedule I but shall not apply to—

(a) Workers engaged in loading and unload-

ing operations of—

(i) Cotton bales and bag cargo exceeding

80 kilos each and above ;

(ri) cargoes landed and cleared from Bun-

ders ;

(iii) hides and skins;

(iv) bulk cargo imported loobc.

(b) hand cart operators—Transporting cargo

outside the dock gates.

(3) The Scheme shall apply to registered wor- kers and registered employers as defined in Clause 3.

(4) Nothing in this Scheme shall apply to any class or description of dock work and dock wor- kers in the Indian Naval Dockyard, Bombay

3, Definitions :—In this Scheme, unless the

context otherwise requires,

(a) "Act" means the Dock Workers" (Regu- lation of Employment) Act, 1948 (9 of 1948) ;

(b) "Administrative Body" means the Ad- ministrative Body appointed under clause 4;

(c) "Board" means the Bombay Dock La- bour Board constituted under the Act;

(d) "Chairman" means the Chairman of the

Board ;

(e) "Deputy Chairman" means the Deputy

Chairman of the Board.

(t) "Daily Worker" means a registeied dock

worker who is not a monthly Worker ;

*(g) "Dock employer" means the person by whom a dock worker is employed or is to be employed and includes a group ot dock employers formed under clause 15 (1) (d) ;

(hj "dock work" means clearing and for- warding operations at places or premis- es to which the Scheme relates, ordinari- ly performed by workers of the classes or descriptions to which the Scheme applies ;

(i) "employers' register" means the register of dock employers maintained under the Scheme ;

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(j) "Labour Officer" means the Labour Offi- cer appointed by the Administrative Body under clause 12.

(k) "monthly worker" means a legistered dock worker who is engaged by a re- gistered employer or a group of such employers on monthly basis under a contract which requires or its termina- tion at least one month's notice on either side;

(1) "Personnel Officer" means the Personnel Officer appointed by the Board under clause 5 ;

(m) "Pool" means a pool of registered dock workers who are available or work and who are not for the time being in the employment of a registered employer or a group of dock employers as monthly workers ;

(n) "register or record" means the register or record of dock workers maintained under the Scheme.

(o) "registered dock worker" means a regis- tered dock clearing and forwarding wor- ker, whose name is for the time being entered in the register or records for carrying out dock work specified in Schedule I of this Scheme.

(p) "registered employer" means a clearing and forwarding employer whose name is for the time being entered in the em- ployers' register and who holds a licence for the collector ol custom, unless so exempted by the Board in view of sub- clause (c) of clause 15.

(q) "Rules" mean the Dock workers (Regu- lation of Employment) Rules, 1962 ;

(r) 'week" means the period commencing from the mid-night of Saturday and end- ing on the midnight of the next succed- ing Saturday.

4. Administrative Body .—(1) The Central Government may by notification in the Official Gazette, appoint a body consisting of employers of Dock clearing and forwarding workers or any authority to be the Administrative Body for the purpose of carrying on the day-to-day administra- tion of the Scheme.

(2) The Administrative Body shall, subject to supervision and control of the Board and the Chairman and subject to the provisions of CJause 43 carry on the day to day administration of the Scheme.

(3) The Central Government may for sufficient cause remove any administrative Body appointed under sub-clause (1) :

Provided that the Administrative Body shall not be removed unless it has been given a reasonable opportunity of being heard.

5. Personnel Oiiicer and other servants oi the Board.—The Chairman may appoint a Personnel Officer and such other officers and servants and pay them such salaries and allowances and specify such terms and conditions of service as he deems fit:

Provided, thai no post the maximum salary or which exclusive of allowance is. rupees 1650 and above per mensem shall be created, and no ap- pointment in such post shall be made by the Chairman except with the previous approval of the Central Government:

Piovided further that the sanction of the Cen- tral Government shall not be necessary to any appointment in a leave vacancy oi a duration of not more than three months.

6. Functions of the Board :—(1) The Board may take such measures as it may consider desira- ble for furthering the objectives of the Schemes set out in Clause 2 including measures for :

(a) ensuring the adequate supply and the full and proper utilisation of dock labour for the purpose of facilitating the speedy transit of cargo through the port;

(b) regulating the recruitment and entry into and the discharge from the Scheme and the allocation of registered dock wor- kers- in the pool to registered employers;

(c) determining and keeping under' review in consultation with the Administrative Body registered dock workers from time to time on the registers or records and the increase or reduction to be made in the numbers in any such register or re- cord ;

(dj keeping, adjusting and maintaining the employers' registers entering or re-en- tering therein the names of any dock 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 workers including any registers or re- cords of registered dock workers who are temporarily not available for dock work and whose absence, has been ap- proved by the Administrative Body and, where circumstances so require, remov- ing from any register or record the name ot any registered dock worker either at his own request or in accordance with the provisions of the Scheme.

(,i) the grouping of all registered dock wor- kers into such groups as may be deter- mined by the Board after consultation with the Administrative Body and there- after reviewing the grouping of any registered dock worker on the applica- tion of the Administrative Body or of the registered dock worker ;

(g) making provisions for the training and welfare of registered dock workers in- cluding medical services in so far as such provision does not exist apart from the Scheme ;

(h) levying and recovering from registered employers contributions in respect of the expenses of the Scheme ;

(i) making provisions for health and safety measures in places where registered dock workers arc employed in so far as such provision, does not exist apart from the Scheme ;

(j) maintaining and administering the Dock Workers Welfare Fund and recovering from all registered employers contri- bution towards the Dock Workers Wel- fare Fund ;

(k) maintaining and administering a Provi- dent Fund, Gratuity Fund, a Voluntary Retirement Fund and any other fund or funds created for specific purpose for register^ dock workers ;

fl) borrowing or raising money and issuing debentures or other securities and, for the purpose of securing any debt or obligation, mortgaging or charging all or any part of the property of the Board.

(2) The income and property of the Board from whatever source derived shall be applied solely towards the object of the Scheme including, health, safety, training and welfare measures for registered dock workers (including assistance by way of grant of loan or otherwise to co-operative societies formed for the exclusive benefit of dock workers and thi" staff of the Board and no portion thereof shall be paid or transferred directly or indirectly by wav 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 remuneration and expeases to any officer or servant of the

Board in return tor any service actually rendered to the Board, nor prevent the-payment of interest at a reasonable rate on money lent or reasonable and propei" rent ior premises demised or let, by any member to the Board nor prevent tlic incur- ring of expenditure as welfare measures, it any, for the staff of the Board.

(3) The Hoard shall cause proper account to be kept of the co^t of ojierating the Scheme ant' of aJl receipts and expenses under the Scheme.

(4) The Board shall submit to the Central

Government,—

(i) as soon as may be after the first day of April in every year and not later than the thirty-first day of October, an an- nual report on the working of the Scheme during the preceding year end- ing the thirty-first d;iy of March to- gether with an audited balance sheet; and

(ii) copies of proceedings of the meeting of

the Board.

7. Responsibilities and duties of the Board in meeting :—The Board in meeting shall be res- ponsible for dealing with oil matters of policy and in particular may-—

(a) sanction the temporary registration of a specific number of workers in any category for a specific period:

(b) consider registration of new employers on the reeommcndaiion of the Chairman;

(c) prescribe forms, records, registers, state- ments and the like required to be main- tained under the Scheme ;

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

(e) fix the rate of Jevy under clause 51(1);

(f) fix the rate of contribution to be made by registered employers to the Dock Workers' Welfare Fund;

(g¹* appoint and abolish or reconstitute com-

mittee under Clause 35;

(h) Sand'on the annual budg?t;

(i) appoint the Personnel Officer;

(j) subject to the provision: of claus; 5 sanc-

tion creation of po.sts;

(k) make recommendations to the Central Government about changes in Schedule I to this Scheme;

(1) make recommendations to tho Central Government about any modifications in the Scheme:

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(m) endeavour to settle disputes about which a request for adjudication has been made to the Central Government by the par- ties concerned and report to the Govern- ment the results of such endeavours.

(n) discuss statistics of output of labour and record its observations and direc- tions ;

(o) .sanction the opening of accounts in such scheduled Banks as it may direct imd the operations of such' accounts by such persons as the Board may from time to time direct; and

(p) sanction and create fund or funds for

specific purpose.

8. Annual Estimates :—The Chairman shall, at a special meeting to be -held before the end of February, in each year lay before the Board the annual budget as received from the Administra- tive Body under clause 11(T) for the year com- mencing on the first day of April then next ensu- ing in such details and form as the Board may from time to time specify. The Board shall consi- der lhe estimate so presented to it and shall with- in four weeks of its presentation, sanction the same either unaltered or subject to such altera- tions as it may deem fit.

9. Responsibilities and duties of Chairman :~ (1) The Chairman shall have full administrative and executive powers to deal with all matters re- lating to the day-to-dav administration of the Scheme and in particular—

(a) to ensure that the decisions of the Board in regard to the adjustment of the wor- kers' registers are carried out expedi- tiously;

(b) to ensure that the sanction for tempo- rary registration of workers are cariicd out without delay ;

(c) (i) to supervise and control the working

of the Administrative Body ;

(ii) to take suitable steps if any irregulari- ties are detected by him or brought to his notice ;

(d) to ensure that the provisions of the Scheme in regard to transfer and pro- motion of workers are earned out;

(e) to constitute Medical Boards when required;

(f) to ensure Irnt conditions laid down in the Scheme for the registration of em- ployers are complied with by them;

(g) to ensure that all forms, registers, re- turns and documents, stated under the Scheme, are propsrly maintained ;

(h) to ensure that suitable statistics in re- gard to the output of labour and the turn-round of ships are compiled and placed before the Board every quarter with appropriate remarks and explana- tions ;

(i) (i) to sanction the creation of posts the maximum salary of which ex- clusive of allowance is upto Rupees One thousand six hundred and fifty per month.

(ii) to make appointments to posts the maximum salary of which exclusive of allowances is upto Rupees one thousand six hundred and fifty per month.

(j) to take disciplinary action against wor- kers and employers in accordance with the provisions o*³ the Scheme ;

(k) to allow relaxation in the maximum nunv ber of shifts per worker per wee!; or per month, and to report such cases to the Borrd ;

(1) to declare that there has been a "go-slow" and to take action as authorised under the Scheme ;

(m) to declire a "state of emergency" md to take action as authorised under the Scheme*;

(n) to makij a report when necessary to the Central Government under rule 5 of the Dock Workers (Regulation of Employment) Rules, 1962 ;

(o) to sanction the transfer of a monthly worker to the reserve pool at the request of the enployer or the worker, as pro- vided for in the Scheme ;

(p) to deal with appeals from workers and

employers under clause 46 and 47 ;

(q) to fill a iy unexpected vacancy in the post of Deputy Chairman for a period of less than one month and report such matter to the Central Government for approval ;

(r) fix the number to be registered under

various categories ;

(s) increase or decrease the number cf wor- kers in any category on the register from time to time as may be necessary after a periodical review of the register and anticipated requirements with the prior approval of fii? Central Government ;

(t) consider registration of new employers if found necessary in the event of sus- pension or removal of an employer on account of disciplinary proceedings; and (u) to discharge all other duties and res- ponsibilities specifically vested in the Chairman under the Scheme.

(2) The Chairman may, subject to such condi- tions as he may think fit, delegate in writing to the Deputy Chairman any of the functions under sub-clause (1) excepting those mentioned in items i(i), i(ii), (1), (m), (n), (p), (q), (r), (s), (t) & (u), so however that such delegation shall not divest the Chairman of his powers.

10. Responsibilities and duties of the Deputy Chairman :—The Deputy Chairman shall be a whole-time officer of the Board and shall assist the Chairman in the discharge of his functions and in particular shall—

(a) discharge all functions relating to disci- plinary action against registered em- ployers and registered Jock workers to the extent permitted under Clause 43 ;

(b) exercise such other functions as are dele- gated to him in writing by the Chair- man ;

(e) function as Chairman of Committee of the Board of which he may be nominated as a member ;

(d) preside over the meetings of the Board in the absence of the Chairman ; and

(e) make appointments to the posts, the maximum salary of which exclusive of allowances is not more than twelve hundred and fifty rupees per mensem.

11. Functions of the Administrative Body :— Without prejudice to the powers and functions of the Board, the Chairman and the Deputy Chair- man, the Administrative Body shall be responsi- ble for the adraiuistration of the Scheme and shall in particular be responsible for—

(a) keeping, adjusting and maintaining the employers' register, entering or re-enter- ing therein the name of any dock em- ployer and, where circumstance so re- quire, removing frn'n the register the name of any registered employer; either at his own request or in accordance with the provision of the Scheme ;

fb) keeping, adjusting and maintaining from time to time such registers or re- cords as may be necessary, of dock workers', including any registers or re- cords of dock workers who are tempo- rarily not available for dock work and whose absence has been approved by the Administrative Body and where cir- cumstances so require removing from any register or record the name of any registered dock worker either at his own request or in accordance with the provisions of the Scheme ;

(c) the employment and control of regis- tered dock worker available for work when they arc not otherwise employed in accordance with the Scheme ;

(d) the grouping or regrouping of registered dock workers in accordance with the instructions received from the Board in such groups as may be determined by the Board ;

(e) the allocation of registered dock wor- kers in the pool who are available for work to registered employers and for this purpose, the Administrative Body shall—

(i) be deemed to act as an agent for the

employer ;

(ii) make the fullest possible use of regis-

tered dock workers in the pool ;

(iii) keep the record of attendance at call stands or control points of registered dock workers ;

(iv) provide for the maintenance of records of employment and earnings ;

(v) subject to the allotment of work by rotation under clan>e 19(3), allocate workers in accordance with calusc 1 9;

(vi) make necessary entries in the Attend- ance Card and Wage slips of wor- kers in the reserve pool as laid down in clause 27 ;

(f) (i) the collection of levy, contribu^ tion to the Dock Workers Welfare Fund or any other contribution from the employers as may be specified under the Scheme ;

(ii) the collection of workers contribu- tion to the Provident Fund, Insurance Fund or any other fund which may be constituted under the Scheme ;

(iii) the payment as agent of the registered employer of each daily worker of all earnings properly due to the worker from the employer and the payment to such workers of all monies pay- able by the Board to those workers in accordance with the provisions of the Scheme ;

(g) appointing, subject to budget provisions, such officers and servants from time to time as may be necessary ;

Provided that the creation of posts the maxi- mum salary of which exclusive of al- lowances is about rupees 1150.

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and appointment of persons to such posts shall be subject to clause 6(i) and 9(h) (i).

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

(i) the framing of the Budget annually, sub- mitting the same to the Board on or before the 15th day of February in each year and getting it approved by the Board ;

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

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

12. Labour Officer :—The Administrative Body when it consists of employers of dock wor- kers shall appoint a Labour Officer or Labour Officers with the approval of the Board. The Labour Officer shall, under the supervision and control of the Administrative Body, carry out such functions as mav. be assigned to him bv that Body consistent with the provisions of the Scheme.

13. Functions of the Personnel Officer :—The Personnel Officer shall assist the Deputy Chairman generally in the discharge of his duties and shall in particular carry out the functions vested in him under Clause 43 of the Scheme.

14. Officers appointed by the Central Govern- ment for proper working 6f the Scheme :—(1) Notwithstanding the provisions of Clause 4, 5, 11 and 13, the Central Government may in its discretion appoint, from time to time in consul- tation with the Chairman of the Board one or more officer and entrust to such officer or offi- cers such functions as it mav deem fit for the proper working of the Scheme.

(2) The Officer or Officers appointed under sub-Clause (1) shall be subject to the general supervision and control of the Chairman and be paid from the funds of the Board. Such Officer or Officers shall hold office for such period and on such terms and conditions as the Central Govern- ment may determine.

15. Maintenance of Registers etc. (1) Emp-

loyer's Register :

(a) There shall be a register of employers.

(b) Tn so far as the application of the Scheme to Clearing and Forwarding Workers is concerned every employer who on the date of commencement of the Scheme is listed under the Bombay

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Unregistered Dock Workers (Regula- tion of Employment) Scheme 1973 and who holds a Customs House Agents licence issued by the Collector oi Cus- toms on the date shall be deemed to have registered under the scheme.

(c) Persons other than those who are deem- ed to have been registered under item (b) shall not be registered as Clearing and Forwarding employers unless the Board considers it expedient and neces- sary to do so.

(d) The Board, may, subject to such condi- tions as it may with the previous ap- proval of the Central Government speci- fy in this behalf, permit persons regis- tered under items fb) and (c), to form one or more groups, and each group so formed shall be treated as one employer only for employment of monthly and daily workers.

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

Provided further that the Board may revoke, from such date as it may specifv, the permission given to any group of em- ployers if, after giving an opnortunilv to the group of employers to show can¹'- against the proposal and after cor"¹¹ ' ing its reprsentation if any, the V^i- is satisfied that the group of employers has failed to comply in part, or in full with the conditions specified for the formation of such groups and thereupon the said group shall stand dissolved from such date.

(2) Workers' Registers : There shall be registers

of workers as under :—

fi) Monthly Register : Register of workers who are engaged by each registered em- plover on contract on monthly basis and who are known as monthly workers.

fii) Pool Register : Register of workers other than those on the monthly register and known as Pool Workers.

Ifi Classification of workers in Registers : (1) The Board shall arrange for the classification of workers bv categories in the registers.

(2) Dock workers registered under the Scheme

shall be classified into :—-

fa) Muccadams

fb) Clearing and Forwarding Mazdoors.

(3) (a) The Chairman shall have power to deploy surplus workers in a category under any other category, wherein there is shortage ot workers, as also under any one of the categories of workers covered by the Bombay Dock Workers (Regulation of Employment) Scheme, 1956, or the Bombay Foodgrain Hand- ling Workers (Regulation of Employ- ment) Scheme, 1973, subject to the condition that such deployment will not lead to reduction in the wages or loss of benefit from past service.

Note : If the category or scheme in which there is shortage carries lower wage or benefit transfer will be made on the basis of seniority, junior most persons being transferred and the wages and benefits being enjoyed by them protected as personal to them.

(b) The Chairman shall also have the power with the approval of the Board to de- ploy any surplus worker in this Scheme to perform the fu/ictions of relevant categories of shore workers employed under the Bombay Port Trust in which there is a shortage subject to the condi- tion that deployment will not lead to reduction in the wages or loss of bene- fit from past service.

17. Fixation of number of workers on the re- gister : (1) fa) The Chairman shall in consul- tation with the Administrative Body and with the previous approval of the Central Government determine, before the commencement of registra- tion in any category, the number of workers re- quired in that category.

(b) The Chairman shall periodically review the number of workers required in each category and shall take suitable action to adjust the numbers with prWr ap- proval of the Central Government.

(2) The Criairman shall in consultation with the Administrative Body and subject to the ap- proval of the Central Government periodically determine the number of workers required in earch category, and arrange to adjust the wor- kers' registers accordingly.

(3) A registered employer or a group of em- ployers may, subject to such conditions as may be specified by the Board in this behalf, increase the number of workers on the monthly registers by selecting workers from the pool.

18. Registration ot existing and New Workers ; (1) (a) Any dock workers who, on the date of commencement ot the Scheme, is already listed under the Bombay Unregistered Dock Clearing and Forwarding Workers (Regulation of Employ- ment) Scheme, 1973, shall be deemed to have been registered under this Scheme.

(b) The qualification for new registration shall be such as may be specified by the Board having regard to the Jocal condi- tions but the age shall not exceed 40 years. Only Indian Nationals who are physically fit, capable and having experi- ence shall be eligible for registration.

Provided that in the case of ex-service per- sonnel the age limit may b* relaxed upto 45 years by the Dock Labour Board.

(2) The Board may from time to time permit the registration of workers temporarily lor such period and on such terms and conditions of ser- vice as the Board may specify ;

Provided that the workers registered tempora- rily shall be entitled to attendance al- lowance under clause 31 and shall' have the same obligations as registered dock workers in the pool.

(3) Any fresh recruitment, whether OH a tem- porary or permanent basis in which dock workers have already bean registered under the Scheme shall be done from amongst workers registered with the local Employment Exchange.

If, however, there is a surplus in any category of workers employed by the Bombay Pert Trust, such surplus workers may be transierred and re- gistered under this Scheme. Alter the transfer jf the requirement exceeds the number of suitable men available on the register ot the Employment Exchange on the day of the requisition, direct recruitment may be made only after absorbing suitable men from the Employment Exchange register.

(4) New workers registered under item (b) of sub-clause ( 1) will be on probation for a period of one year before being placed on a permanent basis on the registers.

(5) Notwithstanding any other provision of the Scheme, where the Board is of opinion that a dock worker has secured his registration by fur- nishing false information in his application or by withhelding any information required therein, or where it appears that a worker has been registered improperly or incorrectly, the Board in meeting may direct the removal of his name from the registers.

Provided that before giving such direction, the Board shall give him an opportunity

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of showing cause why the proposed direction should not be issued.

(6) The following principles shall apply in res- pect of registration in other categories which may after the commencement of the Scheme, be includ- ed in Schedule I to this Scheme.

(a) There shall be a provisional registration basedoon the anticipated requirements and the mere fact that a worker has been working before in the port shall not automatically entitle him to regis- tration.

(bj After the provisional registration has been completed the booking in rotation shall start without allowing, at that stage any linancial benehti otner than wages which accrue to registered workers under the Scheme.

(c) A reassessment of the requirement shall bef made after six months in the light of the actual employment obtained by workers provisionally registered and the provisional registration shall then be adjusted accordingly. The payment of attendance allowance under clause 31 shall commence only from that time.

(d) The working under these conditions shall be examined after a year of introduc- tion of the rotational booking with a view to fixing the number of days for which the guaranteed minimum wages undtr clause 30 should be paid. From then onwards the workers shall be en- titled to all the benefits under the Scheme.

(e) The minimum number of days in a month for which wages are guaranteed under clause 30 to categories of workers previously registered shall not automati- cally be claimed by workers of the cate- gories to be registered after the date of enforcement of the Scheme.

Such minimum number of days may vary from category to category as de- termined under item (d) above.

(f) The wages of the workers in categories which may be registered after the en- forcement of the Scheme, shall be such as may be fixed by the Board from time to time.

19/ Age of retirement, promotion and transfer of workers.—(i) The age of retirement under the Scheme shall be 58 years.

(2) A vacancy other than a casual vacancy, in the category of monthly workers may be filled only by promotion and transfer of a dock worker of the same category from the pool, who may

be selected by a Registered Employer or a group of employers.

Explanation :—The criteria for promotion shall

ordinarily be :

(a) Seniority.

(b) merit and fitness for work in the cate- gory to which promotion is to be made, and

(c) record of past services.

NOTE : A transfer from the pool register to the monthly register in the same category or vice-versa shall not be deemed to be a promotion.

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

(4) If a monthly worker is transferred to or employed in the pool under sub-clause (3), his previous services shall be reckon- ed for all benefits in the pool and the employer shall transfer to the Board all benefit that have accrued to the worker in respect of his previous service as if such service had not been transferred. The employer shall in particular contri- bute to the Board such amount as may be appropriate towards the workerV leave; Provident Fund or Gratuity that may be due to him on the date of such transfer.

20. Medical Examination.—(1) 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. A worker found medically unfit by Medical Officer may apply in writing to the Chair- man for examination by a Medical Board. The decision of the Medical Board ihall be. final and a worker who is medically unfit shall not be entitled to registration.

(20) If the Administrative Body deems it neces- sary a worker shall undergo free of charge, a medi- cal examination by a^ Medical Board to be consti luted by the Chairman. The decision of the Medical Board shall be final. If a worker is fonnc permanently unht by tne Medical uoara me Chairman shall terminate his services forthwith.

21. Facilities for training.—The Board shall make such provisions for training of dock-work- ers as it may deem necessary.

22. Registration Fee.—A registration fee of rupees two shall be payable to the Board by each worker at the time of registration under ths Scheme.

23. Supply of Cards.—(1) Every registered worker shall be supplied free of cost with an iden- tity card, an Attendance Card and Wage slip in the forms specified by the Board.

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

24. "Service Record" for registejed workers.— A "Service Record" for every monthly and daily worker shall be maintained by the Administrative Body in a form to be specified by the Board which shall contain, among other things, a complete record of disciplinary action t^ken against the worker, promotions, commendations for good work and other matters.Such details in respect of monthly workers shall be supplied to the • Administrative Body by the registered employers

25. "Record Sheets" for registered employers.— The Personnel Officer shall maintain a "Record Sheet" in respect of each registered employer in a form to be specified by the Board which shall con- tain, among other things a complete record of-- disciplinary action taken against the registered employer ;

26. Surrender of Identity Caid^.—A worker's identity card shall be surrendered to the Admini- strative Body in the following circumstances namely :—

(a) when proceeding on leave for three days

or more;

(b) when retiring from services;

(c) when dismissed or discharge from service;

(d) wherr temporarily suspended; or (e) on death :

Provided that the employer of a monthly worker will also surrender the card of the worker to the Administrative Body in circumstances specified at items (a) to (e).

27. Entries in Attendance Card and Wage slip.—A registered dock worker in the pool shall hand over his attendance card to the roistered employer at the time he is allocated work" by thp Administrative Body, The registered employers shall make necessary entries in the Attendance

Card ia respect of the period of work done by the worker and return it to him before the expiry of his engagement. For each day of work, the Ad- ministrative Body shall supply as soon as possible a W T' slip showing the wages earned by a wor- ker.

28. Employment of workers.—(1) A monthly worker ot a particular category attached to a registered employer or a group of employers shall be entitled to be employed for work in that category by that employer or group of employerj, in pre- ference to any worker of the same category in the pool.

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

(3) A monthly worker of one employer or a group of employees shall not be employed by an- other employer or group of employers except with the previous approval of the Chaiiman or the Deputy Chairman.

29. Employment in shifts.—(1) Dock wivkers

shall be employed in shifts,

(2) (a) A dock worker shall not owlinarily be employed iu two consecutive shifts on each of the two successive days and in no case shall a dock worker be employed in three consecutive shifts.

(b) A dock worker in the pool or in the monthly register shall not be employed for more than 9 shifts in a week or 33 shifts in a month.

(c) In special circumstances the Chairman may relax temporarily the restrictions under item (b) to the extent necessary.

(3) Workers of each category on the pool register

shall be allotted work by rotation.

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

30. Guaranteed Minimum Wages in a month*-—(i) A worker in the pool regisf^r shall be paid wages at least for 12 days in a month at the wage rate inclusive of dcarness allowance as spe- cified by the Board. '

Appropriate to the category to which he per- manently belongs, even (hough no work is foun.l for him for the minimum number of 12 d;iys in a month.

The days on which tne v'ork is allotted to the worker shall be counted towards the 12 days men- tioned above. The guaranteed mhimum wages in a month shall be,—

(a) for the number of days for which the wages are guarantied in n month sub- ject to the condition that *rhe worker

29

attended tor work on all days ot the month as directed by the Administrative Body,

or

(b) Proportionate to the number of days on which the worker attended for work pro- vided he was excused from attendance on all the remaining days of the month.

(2) Subject to the provisions of .sub-clause (i), the minimum number of days in a month for which wages are guaranteed may be fixed by the Board for each year on the basis of the monthly average employment obtained by the wJrkers in the pool in the lowest categories of Cleariii" and Forward- ing workers during the proceeding year, subject to the maximum of 21 days.

NOTE : The method of assessing the average emp- loyment is detailed in Schedule II to this Scheme.

0) The minimum number of days for which wages shall be guaranteed und;r sub-clause (1) & (2) shall not automatically apply to workers in new categories that may be registered after the date of enforcement of the Scheme. The minimum num- ber of days for which wages shall be guaranteed to these categories shall be determined,under clause l!'(ft)(e). The annual rehxation of the minimum numbers of days as under sub-clause (2) shall be done independently in their ease alio.

Explanation :

For the purpose of this clause—

(a) "day",shall mean a day of 24 hours

(b) "month" shall not. include the days of

weekly off.

31. Attendance Allowance.—Subject to the other provisions of the Scheme, a worker on the pool register who is available for work but for '.shorn no work is found shall be paid attendance allowance at the rate of ] daily wages per day lor (he days on which during a calendar month he attended for work as directed by the Administra- tive Body arid no work was found for him :

Provided that no* attendance allowance shall be payable for any day for which full wages, inclu- sive of dcarness allowance have been paid under clause 30 or otherwise or under clause 33.

32. Employment for a shift.—No worker in the pool shall be employed for a period of les< 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 as may be required bv the same employer or group of employers for the remainder of the neriod and if no such other work is made available to him, he shall be paid for the entire shift :

Provided that if he is subject to piece-rate wages or incentive wages under any agreement entered into between the registered employers and registered dock workers or any decision ot the Board he shall be paid at the rates laid down therein.

33. Payment of wages when work is not made available after engagement.—When a worker in tile 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 he shall be entitled to daily wage appropriate to the category to which he belongs inclusive of all allowances, provided he continues to be available throughout the remainder of the shift and accepts such alternative employ- ment as may be offered to him by the Adminis- trative Body :

Provided that in the case of a worker who is subject to the piece-rate system of wages the pay- ment, if any, due to him under this clause, shall be reduced by the amount of idle time payment made, it any, in respect of the same period.

34. Holidays.—Each, dock worker shall 'be en-' titled in a year to such number of holidays with pay and at such rates as may be specified by the Board under clause 40. Any payment made under this clause shall be exclusive of the payment calculated under clause 30.

35. Committees.—The Board may appoint one or more committees to whom it may entrust such of its functions as it may deem necessary to faci- litate compliance with the provisions of the Scheme and may abolish or reconstitute ihem as it may deem necessary. Persons who are not mem- bers of the Board may, if necessary be nominated as co-opted members of a committee. Each co- opted members, however, shall not have any right to vote.

36. Obligations of registered dock workers.— (1) Every registered dock worker shall V>e dee- med to have accepted the obligations of the Scheme.

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

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

(4) A registered dock worker in the pool for whom work is available shall carry out the direct- ion of the Administrative Body and shall :—

(a) report at such call stands or control points and at such times as mav be specified by the Administrative Body and shall remain at such call stands or control points throughout the period of the shift, if instructed by the Adminis- trative Body to that effect, on payment of such retention allowance as may be specified by the Board.

(b) accept any employment in connection with dock work, whether in thu category in which he has been registered or in any other category registered in other scheme administered by the Board for which he is considered suitable tempo- rarily or permanently. "

(5) A registered dock worker who is available lor work when allocated by the Administrative Body for employment under a registered employer shall carry out his duties in accordance with the directions of such registered employer or his authorised representatives or supervisor and the rules of the port or place where he is woking

37. Obligations for registered employers.—(1) every registered employer shall accept the obli- gations oi the Scheme.

(2) Subject to the provisions of clause 28, a registered employer shall not ^employ a worker other than a dock worker who has been allocated to him by the Admn. Body in accordance with the provisions of clause 11 (e).

(3) A registered employer shall in accordance with arrangements made by the Admn. Body sub- mit all available information of his current and further labour requirements.

(4) A registered employer hhall lodge with the Administrative Body, unless otherwise directed, particulars of work done by dock workers on time-rate or piece-rate and such other statistical data as may be required in respect of the dock workers engaged by him.

(5) (i) A registered employer shall pay to the Administrative Body in such manner and at such time as the Board may direct the levy payable under clause 51(1) and the gross wages due to daily workers.

(ii) A registered employer shall make pay- ments as contributions to the Dock Workers Wel- fare Fund.

(6) A registered employer shall keep such re- cords as the Board may require, and shall produce to the Board or to such persoas as may be desig- nated 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 bo sent out in any notice or direction issued by or on behalf of the Board.

38. Restriction on employment.—(I) No per- son other than a registered employer shall employ

any worker on dock work to which this scheme applies nor shall a registered employer engage, for employment or employ a worker on dock work to which this scheme applies unless that worker is a registered dock worker.

(2) Notwithstanding the foregoing provisions

of this clause.

(a) Where the Administrative Body is satis-

fied that :—

(i) dock work is cmergently required to

be done; and

(ii) it is not reasonably practicable to ob- tain a registered dock worker for that work.

the Administrative Body may subject to any limitations imposed by the Board, allocate to a registered em- ployer a person who is not registered dock worker. In selecting such workers the local Employment Ex- change shall as far as possible be con- sulted.

Provided that, whenever unregistered workers have to be employed, the Administrative Body shall obtain,, if possible the prior approval of the Chairman to the employment of such worker, and where this is not possible, shall report, to the Chairman within 24 hours the full circumstances under which such workers were employed and tho Chairman shall duly inform the Board of such employment at the next meeting.

(b) The Board, may subject to such condi- tions as it may specify, permit employ- ment of unregistered workers on a holi- day, if dock work is required to be done on that day to the extent registered workers are not available for work ;

(c) in the case referred to in items (a) and (b), the person so employed as afore- said by a registered employer shall for* the purposes of clause 37 (4), (5) and (6) and clause 40 be treated in respect of that dock work as if he was a daily worker.

(3) A registered dock worker in the pool may, provided he fulfils fully his obligations under clause 36 take up occasional employment under em- ployers other than these registered under the Sche- me on those days on which he is not allocated for work by the Administrative Body.

39. Circumstances in which the Scheme censes¹ to apply.—fl) The Scheme shall ceosc to apply to a registered dock worker when his name has been removed from the register or record in accor- dance with the provisions of the Scheme;

(2) The Scheme shall cease to apply to a re- gistered employer, when his name has been re-

31

moved from the employer's register in accordance with tl}e provisions of the Scheme.

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

40. Wages, Allowances & other conditions of services oi worker.—Without prejudice to the pro- visions or any agreement entered into between the registered employers and registered dock workers it shall be, unless otherwise specifically provided for in the Scheme, an implied condition of the contract between a registered dock worker (whether in the pool or on the monthly register) and registered employer that :—

(a) the rates of wages, allowances and over- time hours of work, rest intervals, holi- days, and pay in respect thereof and other conditions of service shall be such as may be specified by the Board for each category of workers; and

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

41. Pay in respect of unemployment or under employment and payment of arrears of Dearness Allowance Wages and other allowances—(1) Subject to the conditions set out in this clause and clause 42 when, in any wage period, a registered dock worker in the pool is available for work but is not given employment or full employment, he shall be entitled to receive from the Board such amounts as may be admissible to him under clause 30, 31 and 33.

(2) The conditions subject to which a regis- tered dock worker is entitled to the said payment, if any, from the Board arc that :—

(a) he attended as directed at the call stands

or control points; and

(b) his attendance was recorded.

(3) In crsc of any revision of dearness allow- ance or grant of revised wages or other allowances, with retrospective ftffect, in pursuance of any agreement entered into between the registered em- ployers and registered dock workers or any deci- sion of the Board or recommendation of the Board or body set up or of any order made by the Central Government, the Board may, out of its fund pa^ the registered workers up to the date of the agree- ment or, as the case may be of the recommen- dation or order, if the Board so decides.

42. Disentitlcment to payment.—(1) a re- gistered dock worker who while in the pool fall; without adequate cause to comply with the provi slons of clause 36 (a) or (b) or fails to comply

with any la^vful order given to him by or on be- half ot the Board may be pioe^eded in -accordance wiLh sub-clause (3).

{2) a registered dock worker in the pool, who while in employment to which be has 'been allo- cated by the Administrative Body, fails without any adequate cause to comply with the provisions of Clause 36('->) or tails to comply with any law- ful 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 re- turned to the reserve pool, the Administrative Body shall endorse his Attendance Card accord- ingly.

(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 worker that he is satisfied that the registered dock worker has failed to comply with a lawful order "as aforesaid, the registered dock- worker shall not be entitled to any payment, or to such part o£ any payment under clause 41 as the Labour Officer thinks fit in respect of the wage period in which such failure occurred or conti- nued.

43 Disciplinary Procedure.—(1) (i) The Per- sonnel Officer on receipt of the information whether on a complaint or otherwise that a re- gistered employer has failed to carry out the provisions of the Scheme may after investigating the matter give him a warning in writing, or.

(ii) Where in hiy opinion, a higher penalty is merited, he shall report the case to the Deputy Chairman who may then cnuse such further in- vestigation to be made as he mav deem fit and take any of the followin * ^cps D* regards that employer, that is to sav, he mpy—

fa) censure him and record the censure in

his record sher-t; or

(b) subject to the approval of the Chairman and after one mont' 's notice in writing given to the registered employer, inform the Administrator ^ody that the name of the employer ^nll be removed from the employers' register for such period as determined by the chairman or per- manently in case of a grave offence or lapse in discharge of his obligations.

(2) A registered dock worker in the reserve pool, who fails to comply with any of the provi- sions of .the scheme, or commits any act of inlis- jpipline or misconduct may be reported in writing to the Labour Officer who mav after investigating the matter take any of the following steps as re- gards that worker, that is to say, h° mav—

(a) determine that, for such period as he thinks proper, that worker shall not be entitled to, any payment or part pay- ment under clause 41.

(b) Suspend him without pay for a period

not exceeding three days.

(3) (a) where in a case reported to the Labour Oiricer under sub-clause (2) he is of the opinion that the Act of indiscipline or misconduct is so serous that the dock worker should not be allow- eu to work any longer, ihe Labour Oilicer may, pending investigation of the matter, suspend the worker and report immediately to the Deputy Chairman who after preliminary investigation of ih; mallei sli.tll pass i KLrs thereon whether the worker, pending final orders should remain sus- pended or not;

(b) Where a dock worker has been suspend- ed bv an order under item (a), he shall be paid lor the first ninety days from the date of -suspen- sion, a subsistence allowance equivalent to one half of the basic wages, dearness and other allow- ances to which he would have been entitled if he were on leave with wages, and thereafter the Chainnan may, in exceptional cases, grant higher subsistence allowance not exceeding three fourths of such basic wages, dearness and other allow- ances.

Provided that where such enquiry is prolong- ed beyond a period of ninety days for reasons directly attributable to the worker, the subsistence allowance shall, for the period exceeding ninety days, he reduced to one-fourth of the basic wages, dearness and other allowances.

fc) The subsistence allowance so paid shall not be recoverable or liable to forfeiture in any case whatsoever;

(d) Where a registered dock worker is found not guilty, he shall be entitled to such payments as the Administrative Body, certifies that the \Vorkcr would have received on the time rate basis or under class 31 had he not been sus- pended, provided that the amounts so payable shall be reduced by the amount of subsistence allowance payable or already paid during a parti- cular period.

(4) Where, in the opinion of the Labour Offi- cer a higher punishment than that provided in sub-clauses (2) and (3) is merited, he shall re- port the case to the Deputy Chairman.

(5) On receipt of the written report from the Labour Officer under sub-clause (4) or from the employers or anv other person that a registered dock worker in the pool has failed to comply with anv of the provisions of. the Scheme or has com- mitted on art of indiscinVine or misconduct or has consistently failed to produce the standard or datum outnut or has been inefficient in anv other manner, the Deputy Chairman may make or

cS^ae to bo made such further investigction as he may deem fit, and thereafter take an^, of the following steps, as regards, the worker concern- ed, that is to say, he may impose any of the fol- lowing penalties.

(a) determine that for such period as he thinks proper, the worker shall not be entitled to any payment or part pay- ment under Clause 41.

(b) give him a warning in writing;

(c) suspend him without pay for a period

toot exceeding three months.

(d) effect reduction in his pay or revert him to lower category by an extent as may be considered fit;

(e) terminate his services after giving 14 days' notice or 14 days' wages inclusive of dearness allowance in lieu thereof; or

(f) dismiss him.

(6) Before any action is taken under this clause the person concerned shall be given an op- portunity to show-cause why the proposed action should not be taken against him, and such person may, if he so desires, adduce evidence in respect of such action.

(7) The Administrative Body shall be inform- ed simultaneously about the action taken under this clause.

(8) Notwithstanding anything contained in this clause and in clause 42, the powers vested in the authority specified in column (1) of the Table below under the provisions specified in column (2) of the said Table, shall also be exercisable by the authority specified in the corresponding entry in column (3) of the said table in such cases as the last named authority may specify in writing in this behalf.

33

44. Special Disciplinary powers of Chairman.— (1) Notwithstanding anything contained in the Scheme, if the Chairman is satisfied that a 'go- slow* has been resorted to by any gang of regis- tered dock workers or by any such individual worker and is being continued or repeated by the same gang of workers, he may make a declaration in writing to that effect.

(2) When a declaration under sub-clause (1) has been made, it shall be lawful for the Chair- man—

(i) in the case of monthly workers, to take, without prejudice to the rights of the registered employers, such disciplinary action including dismissal, against such workers, as he may consider appropri- ate, and

(ii) in the case of registered dock workers in the pool to take such disciplinary action including dismissal against such workers as he may consider appropriate and also to other forfeiture of their guaranteed minimum wages and attend- ance allowance for the wage period or period in which the 'go-slow¹ has been resorted to.

tion—

(3) The Chairman may take disciplinary ac- "w*^

(i) Where the 'go-slow* is resorted to by a worker, against the worker concerned.

(ii) Where the 'go-slow* is resorted to by a gang, against all the members of the /gang;

(4) Before any disciplinary action is taken under this clause against any dock workers or gang of dock workers such workers or gang shall be given an opportunity to show-cause why the proposed action should not be taken against him ''" or it;

TABLE

Authority empowered to take action.

Provisions of the Scheme

Authority empower- ed to take action in specified cases

(1) Labour officer Clause 42 & 43

Provided that the Chairman may, before, giving an opportunity to show cause under this sub-clause suspend from work any worker or gang of workers im- mediately after a declaration has been made under sub-clause (1).

Administrative

Body.

(2) Personnel Oflfflcer Clause 43

Deputy Chairman or Chairman.

(3) Dy. Chairman

Clause 43

Chairman

(9) Without prejudice to the powers of the Chairman under clauses 44 and 50, a registered employer shall have full powers to take discipli- nary action against monthly workers employed under him.

(5) (a) Where a worker has been suspended pending enuiry he shall be paid for the first nine- ty days from the date of suspension, a subsis- tence allowance equivalent to one-half of the basic wages, dearness and other allowances to which he would have been entitled if he was on leave with wages and thereafter three fourths of such basic wages, dearness and other allowances.

Provided that where such enquiry is rJiblontr- ed beyond a Deriod of ninety days for reasons directlv attributable to the worker, the subsistence allowance shall, 1153 GI/82—5

lor the penod exceeding ninety days, be reduced to one-fourth of the basic wages, deamess and other allowances.

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

(c) Where a dock worker is found not guilty, he shall be entitled to such payments in respect of the period of his suspension as the Administra- tive body may certify that the worker would have received on the time rate basis or under clause 31 had he not been suspended, provided that the amounts so payable shall be reduced by the amount of subsistence allowance already paid during that period,

(6) Any registered dock worker who is aggrie- ved by an order of the Chairman under sub-clause (2) may, within 30 days of the date of the re- ceipt of the order, prefer an appeal to the Central Government.

45. Termination of employment.—(1) The em- plovment of a registered dock worker in the pool shall not be terminated except in accordance with the provisions of the Scheme.

(2) A registered dock worker in the pool shall not leave his employment with the Board except by giving fourteen days notice in writing to the Board or forfeiting fourteen days wages inclusive of dearness allowance in lieu thereof.

(3) When the employment of a registered dock worker with the Board has been terminated under sub-clause (1) or (2) his name shall forthwith be removed from the register or record by the Ad- ministrative Body.

46. Appall bv Workers,—<"l\ Sw nc n+K^r- wise provided in this clause a worker in the pool who is aggrieved bv an order passed bv an autho- rity specified in column (1) of the table below under provisions specified in column (2) of the said table mav prefer an appeal against such order to the authority specified in column (3) of the said Table.

TABLE

Appellate Authority Autorlty passing orders Provisiqns of the Scheme

³

2

1

Deputy Chairman

Clauie 42 &43

Labour Officer or Administrative Body

Chairman Central Government

Clause 43 Clause 43

Deputy Chairman 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 18;

or

(iii) requiring him under clause 36(4) (b5 to undertake any work which is not in the same category to which he belongs; may prefer an appeal to Chairman.

(3) No appeal shall lie where due notice has been given of the removal of the name of regis- tered dock worker from the register or record in accordance with the instructions of the Board, if the ground of removal is that the registered dock worker falls within a class of description of dock workers whose names are to be removed from the register or record in order to reduce the size there- of;

(4) Every appeal referred to in Sub-clause (1), (2) & (3) shall be in writing and preferred within 14 days of recaipt of the order appealed against;

Provided that the appellate authority may for reasons to be recorded admit an' ap- peal preferred after the expiry of 14 days.

(5) The appellate authority may after giving an opportunity to the appellant to be heard, if he so desires; and reasons to be recorded in writing, pass such order as it thinks fit.

(6) Every order passed under Sub-clause (5)

shall be communicated to the appellant.

(7) An appellant shall not be entitled to be represented by a legal practitioner before the an- pellate authority but he shall be entitled to be represented by a representative of the registered trade union of which he is a member or by a re- gistered dock worker.

47. Appeals by employers.—(1) (a) A regis- tered employer who is aggrieved bv an order of the Personnel Officer under clause 4 3 ( t ) ( i) may appeal to the Deputy Chairman who shall decide the same.

(b) If a registered employer is aggrieved by an original order of the Deputy Chairman under clause 43(1)(ii), he may appeal to the Chairman, who shall decide the same. In the case of an appeal against an order under clause 43(1) (ii) (b) the chairman shall forthwith refer the matter to the Central Government. The Central Gov- ernment shall make such an order on the -appeal as it thinks fit.

(2) An employer who has been refused registra- tion under clause 13(1) (i)(c) may appeal to the Central Government through the Chairman. The Central Government shall make such order on the appeal as it thinks fit.

(3) If a registered emp^yer is aggrieved by an original order of the Chairman against him under cliu^e 43. he mpv prefer an appeal to the Central Government. The Central Government shall make such order on the appeal as it thinks fit.

wihin 14 days of the receipt of the order appealed against :

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

(5) An appellant shall not be entitled to be represented by a legal practitioner before the ap- pellate authority but he shall be entitled to be re- presented by a representative of the association of registered employers of which he is a member or by a registered employer.

48. Power of revision of the Chairman and Deputy Chairman.—Notwithstanding anything contained in the Scheme, the Chairman, in the case of an order passed by the Deputy Chairman under clause 43, or the Deputy Chairman in the case of an order passed by the Personnel Officer or the Labour Officer, as the case may be, under the said clause, may, at any lime call for the re- cord of any proceeding in which the Deputy Chair- man or the Personnel Officer or the Labour Offi- cer, as the case may be, had passed the order, for the purpose of satisfying himself as to the legality or properity thereof and mav pass such order in relation thereto as he may think fit.

49. Stay of order in case of certain appeals.— Where an appeal is lodged by a dock worker in accordance with the provisions of clause 46 against an order of termination of service on 14 davs notice or where an appeal is lodged bv an emp- lover in accordance with the provisions nf clause 47 against an order removing his name from th'¹ employer's register under clause 43(1) fit) (b), the appellate authority may susoend the otwntion of the order appealed from pending the hearing and disposal of the appeal.

50. Special provisions for action in an emer- gency.—O) If at any time the Chairman is satis- fied that an emergencv has arisen which will seriously affect the working of the p6rt, he mav, by order in writing and for such period as he mav from time to time specify therein make a dec- laration to that effect •

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

(2) So long as an order under sub-clause (1) is in force, the following provisions shall apply, namely :

(i) if any alleeation is made that a regis- tered employer has failed to rarrv out the provisions of the Scheme, the Chair- man may, after holding a summary in- quiry into the allegation, take any of

35

the following steps as regards that emp- loyer, that is to say, he may—

(a) give the registered employer a warn-

ing 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 ho may determine :

Provided that no such removal under this sub-item shall be made except after giving the employer a reason- able opportunity of being heard.

(ii) if any allegation of indiscipline "go-slow" or misconduct is made against a regis- tered dock worker, the Chairman may suspend him forthwith pending inquiry, hold a summary inquiry into the alle- gation and take any one or more of the following steps against that worker, that is to say, he may—

(a) determine thtt for such period as he thinks proper that worker shall not be entitled to any payment under clause 18;

(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 in- clusive of dearness allowance in h'eu thereof; or

(e) dismiss him :

Provided that no such termination under sub-item (d) or dismissal under sub-item (e) shall be made except after giving the worker a reasonable opportunity of being heard.

(iii) (a) Where a worker has been sus- pended pending enquiry he shall be paid for the first ninety days from the date of suspension, a subsistence allowance equivalent to one half of the basic wage, dearness and Other allowances to which he would have been entitled if he were on leave with wages, and thereafter the Chair- man may, and in exceptional cases, grant higher subsistence allowance not exceeding three fourths of such basic wages, dearness and other al- lowances :

Provided that where such inciuirv is prolonged beyond a period of ninety days for reasons directly attributable to the v/orker, the subsistence al-

lowance shall, for the period exceed- ing ninety days, be reduced to one fourth of the basic wages, dearness and other allowances.

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

(c) where a deck worker is found not guilty, he shall be entitled to such payments in respect of the period of his suspension as the Administrative Body may certify that the worker would have received on the time rate basis or under clause 31 had he not been suspended, provided that the amount so payable shall be reduced by the amount of subsistence al- lowance already paid during that period.

(3) The provisions of the Scheme relating to disciplinary action against registered employers and registered dock workers shall not apply to any order passed by the Chairman undsr Sub- Clause (2).

(4) Any registered dock worker or registered employer who is aggrieved by an order passed by the Chairman under sub-clause (2) may within 30 days of the date of receipt of the order, prefer an appeal to the Central Government.

(5) Notwithstanding anything contained in the Scheme, so long as an order under sub-Clause(l) is in force, the Chairman, any authorise the emp- loyment of the unregistered workers directly by registered employers and payment to such unre- gistered workers, directly.

51. Cost of operating the Scheme.—(1) The cost of operating the scheme shall be defrayed by payments made by registered employers to the Board. Every registered employer shall pay to the Board such amount by wa\ of levy in respect of pool workers together, with and at the same time as payment of gross wages due from him under clause 37(5)(i) as the Board may, from time to time, specify by a written notice to registered employers and the amount payable by way of such levy shall not be less than such amount as the Board may fix as the minimum pnvable by every registered employer. If considered neces- sary, the Board may require any registered emp- loyer to pay such amount by way of levy in res- pect of monthly workers at such rate as it may determine.

(2) In determining what payments are to be made bv registered employers under sub-clause (1). the Board may fix different rates of lew for different categories of work or workers, provided that the levy shall be so fixed that the same rate of levy will apply to all docks employers wh6 are in like circumstances.

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

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

(5) The Administrative Body shall furnish from time to time to the Board such statistics and other information as may reasonably be required in connection with the operation and financing of the Scheme.

(6) If a registered employer fails to make the payment due from him under sub-clause (1) or any other amount due and payable to the Board in any other capacity or account within the time specified by the Administrative Body, the Ad- ministrative Body 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 supplv of registered dock wor- kers to him shall be suspended, on the expiry of the notice period the Administrative Body shall suspend the supplv of registered dock workers to the defaulting employer until he pays his dues.

52. Provident Fund and Gratuity.— (l)With- out preiudice to the provisions of any agreement entered into between registered employers and re- gistered workers the Board in respect of workers, in the reserve pool and the registered employer, in respect of their monthly workers, shall frame and operate rules providing for contributory pro- vident fund. The rules shall provide for the rate of contribution from the workers and the emp- lovers, the manner and method of payment and such other matters as may be considered neces- sarv. Provided that the rules applicable to monthly workers shall n ot b<* less favourable than those relating to workers in the pool.

(2) Without preiudice to the provisions of any agreement entered into between the repistered emnlovers and registered workers the Board shall frame rules for payment of gratuity to listed workers.

53. Dock Clearing and Forwarding Workers Welfare Fund.—Cost of amenities, welfare and health measures and recreation facilities for re- gistered dock workers shall be met from a sepa- rate fund called the Dock Clearing & Forwarding Workers' Welfare Fund which shall be main- tained by the Board. Contribution to this Fund shall be made by the registered employers at such rate as may be determined by the Board. The

Board shall frame rules for contribution to, main- tenance and operation of the Fund.

54. Penalties.—A contravention of clause 38 shall be punished with imprisonment for a period not exceeding three months in respect of a firt>t contravention or six months, in respect of any subsequent contravention or with fine not exceed- ing five hundred rupees in respect of a first con- travention or one thousand rupees in respect of any subsequent contravention or 'with both imp- risonment and fine as aforesaid.

55. Repeal and savings.—The Bombay Unre- gistered Dock Clearing and Forwaiding Workers (Regulation of Employment.) Scheme 1973 is hereby repealed:

Provided that any order made, right accrued, penalty incurred or anything donp or any action taken under the said Scheme shall so fai as may be, deemed to have been made, accrued, incurred or done or taken under this Scheme and any re- ference in any instrument to any provision of the said Scheme shall be deemed to be referred to the cofresponding provisions of the Scheme.

37

(b) The total number of manshifts worked by gang workers of the categories referr- ed to in item (a) during the month should be ascertained, from the daily employment statistics.

(c) The total number of mandays of autho- rised or unauthorised leave taken by the above workers should be ascertained. This figure should be divided by the number of working days in the month to ascertain the average number of workers away on leave.

(d) The figures ascertained as in item (c) should bs deducted from the average obtained as in item (a) to arrive at the effective strength of worjeers available during the month.

(e) The figures of manshifts ascertained under item (b) should be divided by the effective strength ascertained as in item (d). The figure arrived will be in the average number of days of employ- ment during the month of October 1978.

(f) The above process should be repeated for the remaining 11 months from Novem- ber, 1978 to September, 1979.

SCHEDULE I

Classes or descriptions of dock work and dock

workers to which the Scheme applies.

(1) Dock work Handling of.

Import and Export gooas for clearing in Bombay Docks.

(2) Dock Workers:

(A) Muccadams

(B) Clearing & Forwarding Mazdoors.

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

(h) The figures arrived at in item (g) above should be fixed as the minimum num- ber of days for wbicu waees will be guaranteed for the following^ 12 months ending the 30th September, 1980.

Thefollowingexgraplewill illustrate:

Suppose the total number of clearing gang workers

(excluding Muc

2000

n the pool aa on the 1st October, 1978 and

SCHEDULE H

Tho minimum number of days in a month for which wages are guaranteed should be assessed on the basis of average employment during the pro- ceeding 12 months according to the following procedure:

(a) Supposing an assessment is being mads in the month of October, 1979, the total number of workers in the pool (including leave reserve workers but excluding muccarlams) as on the Js>t October, 1978 and the 31st October, 1978 should be ascertained.

The average strength on the register, of these categories should be ascertained by adding the two figures and dividing by 2.

153GI/82—6

as on the 31st October, 1978

J950

~3950

Average strongthontheregiitcrfortl-oinojith 1950

1975

2

T Jtal number of manshifts worked by the wor-

kers of the above categories in October, 1978 36000

Total number of mandays, of PutlTonscu or

utuuthorisedleave takon by tht workers. 5250

Number of workin-^daysir the^aid month (31

days of the month If ss one non w irkingday) 30

Avorage numbor of workersaway on le.ivo 5250

_, M]75

30

EffiictiVL strength available during the month—1S75-17£s=lfOO Average employment for the month of October,

197S

36030

1803 "20 'ays

The sama procedure will be followed to arrive at the average

employment for the remaining 11 monthi.

July

1979 19

Augiwt 1979 20

September 1979 16

Let us assume the 6guresareas Follows :

228

The number of days for which wages will be guaranteed for the next 12 months ending 30th

228

September, 1980 will be — —* 19 days

12

October 1978 20

November 1978 21

December 1978 18

January 1979 20

February 1979 18

March 1979 19

April 1979 20

May 1979 19

June 1979 18

IF. No. LDB|10|81-L.IV] V. SANKARALINGAM, Deputy Secy.

PRINTED BY THE MANAGER, OOVT. OF INDIA PRESS, KINO ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLBE OF PUBLICATIONS, DBLHI-110034, 1983