Dock Workers (Regulation of Employment) Act,1948
Act No : 9
Section : SHORT TITLE AND EXTENT
DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1948
9 of 1948
4th March, 1948
OBJECTS AND REASONS "The demand for dock labour is intermittent depending on the arrival and departure of vessels, the size and nature of their cargo as well as seasonal and cyclical fluctuations. In the ports, therefore, there is usually labour in excess of minimum requirements and the general tendency on the part of employers is to ensure larger reserves than necessary in order to provide ample margin against emergencies. The main problem connected with dock labour is to devise measures so as to reduce the hardship due to unemployment or underemployment to the utmost extent possible. The Royal Commission on Labour recommended as far back as 1931 that a policy of decasualisation should be adopted with a view 'to regulate the numbers of dock labourers in accordance with requirements and to ensure that the distribution of employment depends not on the caprice of intermediaries, but on a system which, as far as possible, gives all efficient men an equal share'. Government had accepted the recommendation and efforts were made to induce Port Trusts to formulate necessary schemes of decasualisation. The voluntary attempt was not, however, a success and a scheme for compulsory registration was formulated in 1939 but was not proceeded with due to the outbreak of war. Although the operation of certain measures introduced during the war, such as rationing and organised distribution of food supplies, facilitated the registration of labour at major ports, the problem, in the main, has remained unsolved. It is now proposed to undertake legislation giving power to the Central Government in respect of major ports and to the Provincial Governments in respect of other ports, to frame a scheme for the registration of dock workers with a view to securing greater regularity of employment and for regulating the employment of dock workers, whether registered or not, in a port. In particular, the scheme may provide inter alia for the terms and conditions of employment of workers, whether registered or not, including rates of remuneration, hours of work and conditions as to paid holidays.
It may also provide for payment to registered workers of minimum pay for days on which work may not be available to them and for their training and welfare. Provision is also made in the Bill for the constitution of an Advisory Committee consisting of not more than 15 members representing the Government, the dock workers and the employers of dock workers in equal proportion. In the framing and administration of the schemes the appropriate Government will take the advice of the Committee." -Gazette of India, 1947, Part V p. 432. Act No. 49 of 1980. The Dock Workers (Regulation of Employment) Act, 1948 does not contain any express provision authorising the Dock Labour Boards established thereunder to create funds and administer them for the welfare of dock workers and other purposes. The Committee on Subordinate Legislation of the Fifth Lok Sabha in its Twelfth Report recommended that the Act may be amended so as to provide therein an express provision for the aforesaid purpose. As the Dock Labour Boards are already maintaining such funds for the purpose of administering Dock Workers (Regulation of Employment) Schemes, it is proposed to regularise such funds and also to authorise the Dock Labour Boards to create such funds in future.
2. As recommended by the Committee on Subordinate Legislation of the Sixth Lok Sabha in its Seventh Report, it is also proposed to make a provision in the Act for laying of schemes framed thereunder before Parliament. Opportunity is being taken to bring the rule laying provision in conformity with the recommendation of the Committee on Subordinate Legislation.
3. The Bill seeks to achieve the above objects.- S.O.R. Gaz. of India, 28-7-80, Pt. II, S. 2, Ext., p. 779. Act No. 56 of 1988 In 1984, the Committee on Papers laid on the Table (Seventh Lok Sabha) recommended that the annual reports and audited accounts of all the Dock Labour Boards should be placed on the Tabic of the House along with a Review of Government within nine months of the close of accoiunting year and and aiso recommended that. if necessary, an amendment of the Dock Workers (Regulation of Employment) Act, 1948 or the rules, if any, may also be carried out lo this effect. The Bill is for amending the Dock Workers (Regulation of Employment) Act. 1948 so as to provide _
(i) that the Dock Labour Boards shall submit their annual reports to the Government (There is already provision in the Act for submitting the audited accounts to the Government); and
(ii) for the laying of annual reports and the audited accounts on the Table of the Houses of Parliament or the State Legislature, as the case may be.
2. The Bill seeks to achieve the above objects, -Gaz. of Ind., 28-8-87, Pt. II, S. 2, Ext., p. 55 (No. 44). ACT HOW AFFECTED BY SUBSEQUENT LEGISLATION -Amended by Acts 8 of 1962; 31 of 1970; 49 of 1980; 54 of 1986; 56 of 1988. -Extended by Acts 59 of 1949; 30 of 1950; I of 1962; Regns. 7 of 1963; 8 of 1965 and Born. Act 68 of 1954.
An Act to provide for regulating the employment of dock workers. Whereas it is expedient to provide for regulating the employment of dock workers; It is hereby enacted as follows: This Act has been extended to the new Provinces and merged states under the Merged States (Laws) Act, 1949 (59 of 1949),
Section 3(1-1-1950) and to the Union Territories of Manipur and Tripura by the Union Territories (Laws) Act, 1950 (30 of 1950), S. 3 ( 16-4-1950): Manipur and Tripura are now States. Vindhya Pradesh to which the Act was extended by this Act, now forms part of the State of Madhya Pradesh - See Act 37 of 1956, S. 9(l)(e). For the extension of this Act to the former partially excluded areas in the State of Bomaby, see the Bombay Extension of Laws to Non-scheduled (Partially Excluded Areas) Act, 1954 (Bom. 68 of 1954), S. 2(1) (15-1 1-1954). The Act has been extended to the Union territories of- (i) Pondicherry by Regn. 7 of 1963 (1-10-1963): (ii) Laccadive, Minicoy and Amindivi Islands, now known as Lakshadweep, by Regn. 8 of 1965 (1-10-1967); (iii) Goa. Daman and Diu by notification under S.6 of Act I of 1962, No. G. S. R. 1850, Gazette of India, 30-12-1964, Pt. II, S. 3 (i), Ext., p. 897. Goa is now a State -See Act 18 of 1987, S. 3 (23-5-87).
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the Dock Workers (Regulation of Employment) Act, 1948.
(2) It extends to the whole of India1[except the State of Jammu and Kashmir.]
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