Dock Workers (Regulation of Employment) Act,1948
Act No : 9
Section : SCHEME FOR ENSURING REGULAR EMPLOYMENT OF WORKERS
SECTION 03: SCHEME FOR ENSURING REGULAR EMPLOYMENT OF WORKERS
- (1) Provision may be made by a scheme for the registration of dock workers4[and employers] with a view to ensuring greater regularity of employment and for regulating the employment of dock workers, whether registered or not, in a port.
(2) In particular, a scheme may provide -
(a) for the application of the scheme to such classes of dock workers and employers as may be specified therein;
(b) for defining the obligations of dock workers and employers subject to the fulfilment of which the scheme may apply to them and the circumstances in which the scheme shall cease to apply to any dock workers or employers;
(c) for regulating the recruitment and entry into the scheme of dock workers, [and the registration of dock workers and employers] including the maintenance of registers, the removal, either temporarily or permanently, of names from the registers and the imposition of fees for registration;
(d) for regulating the employment of dock workers, whether registered or not, and the terms and conditions of such. employment, including rates of remuneration, hours of work and conditions as to holidays and pay in respect thereof;
(e) for securing that, in respect of periods during which employment, or full employment, is not available for dock workers to whom the scheme applies and who are available for work, such workers will, subject to the conditions of the scheme, receive a minimum pay;
(f) for prohibiting, restricting or otherwise controlling the employment of dock workers to whom the scheme docs not a.pply and. t.he employment of dock workers by employers to whom the scheme does not apply;
9[ff] for creating such fund or funds as may be necessary or expedient for the purposes of the scheme and for the administration of such fund or funds;]
(g) for the training10[x x x] of dock workers, in so far as satisfactory provision therefor does not exist apart from the scheme;
8[(gg) for the welfare of the officers and other staff of the Board;]
11[x x xx x]
(i) for the manner in which, and the persons by whom, the cost of operating the scheme is to be defrayed;
6(j) for constituting7[* * * * * *] the authority to be responsible for the administration of the scheme;]
(k) for such incidental and supplementary matters as may be necessary or expedient for the purposes of the scheme.
(3) A scheme may further provide that a contravention of any provision thereof shall be punishable with imprisonment for such term as may be specified but in no case exceeding three months in respect of a first contravention or six months in respect of any subsequent contravention, or with fine which may extend to such amount as may be specified but in no case exceeding five hundred rupees in respect of a first contravention or one thousand rupees in respect of any subsequent contravention or with both imprisonment and fine as aforesaid.
OBJECTS AND REASONS Clause (j).-
"A scheme made by the appropriate Government under the Dock Workers (Regulation of Employment) Act, 1948, may, inter alia, provide "for constituting or prescribing the authority to be responsible for the administration of the scheme".
The constituted authority in the discharge of its functions may have to borrow or raise money and issue debentrues, etc., for the purpose of securing any debt or mortgaging or charging any of its property and it is therefore desirable that the authority should be clothed with a corporate status in certain cases. As the Act does not in express terms confer power to create a Corporation or to give corporate status to any body functioning under it, a specific amendment of the Act is being undertaken for this purpose."-S. 0. R..Gazette of India, 1949, Pt. V, p. 84. "Section 3of the Dock Workers (Regulation of Employment) Act, 1948, provides for framing a scheme for the registration of dock workers with a view to ensuring greater regularity of employment and for regulating the employment of dock workers. Clause (j) of sub-section
(2) of that section provides that a scheme itself may constitute an authority which may be a body corporate for the administration of the scheme. It is proposed that the Act itself should contain provisions for setting up of autonomous Dock Labour-Boards for the administration of schemes framed under the Act for a port or a group of ports. The Bill makes such a provision. The Bill further provides for the audit of accounts of Dock Labour Boards, for the issue of directions by Government to the Boards, for inquiry into the working of the Board and for their supersession in certain contingencies.Section 3(2) of the Act provides for registration of dock workers and for the imposition of registration fee. It is proposed to provide for the registration of employers as well and for the imposition of a registration fee in respect of them." - S. 0. R., Gaz. of India, 2-12-1961, Pt. II, S. 2, Ext., p. 890.
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