THE
DOCK WORKERS (REGULATION OF
EMPLOYMENT)
RULES, 1962
2. Definitions
6. Allowances
for non-official members
8. Mode
of entering into contracts
9. Maintenance
of accounts of the Board
THE DOCK WORKERS
(REGULATION OF
EMPLOYMENT) RULES, 19621
1. Vide S.O. 1810, dated 1st June,
1962, published in the Gazette of India, Pt. II, sec. 3(ii), p. 2150, dated 9th
June, 1962.
In exercise of the powers conferred by sub-sections (1) and (2) of section 8 of the Dock Workers (Regulation of Employment) Act, 1948) (9 of 1948), the Central Government hereby makes the following rules, namely :-
(1) These Rules may be called the Dock Workers (Regulation of
Employment) Rules, 1962.
1[(2)
They extend to the major ports of
Bombay, Calcutta, Cochin, Kandla, Madras, Mormugao and Visahakhapatnam which
have Dock Labour Boards].
1. Subs. by S.O. 984, dated 26th October, 1988 (w.e.f
26-10-1988).
2. Definitions. -In these rules,
unless the context otherwise requires,
(a) “Act” means the Dock
Workers (Regulation of Employment) Act, 1948 (9 of
1948).
(b) “Board” means a Dock
Labour Board established under section 5A;
(c) “Chairman” means the
Chairman of the Dock Labour Board;
1[(ca)
“Deputy Chairman” means the Deputy Chairman of the Board;]
(d) “Member” means the
member of the Dock Labour Board.
(e) “Scheme” means the Dock
Workers (Regulation of Employment) Scheme, framed under sub-section (1) of
section 4 of the Act.
1 Ins. by S.O. 449. dated 6th February, 1978 (w.e.f
18-2-1978).
3. Constitution
of the Board. –
(1) Each Board shall consist
of not less than nine members and shall include an equal number of members
representing-
(i) the Central Government;
(ii) the Dock Workers-, and
(iii) the employers of dock
workers and shipping companies.
(2) The
Chairman of the Board shall be nominated by the Central Government from among
the members representing the Government and there shall be a whole-time Deputy
Chairman appointed by the Central Government in the ports of Bombay,
Calcutta,Cochin, Madras, Mormugao and Vizagapatnam on such terms and conditions
as the Central Government may determine.
1[(3)
(a) The members
representing the dock workers shall be appointed on the basis of the
representative character of the unions of dock workers, as determined by the
latest available figures of membership of unions of dock workers as verified by
the Ministry of Labour.
(b) The
members representing the employees of dock workers shall be appointed, in
Consultation with the associations of employers of dock workers, taking into
account the total quantum of cargo handled by the employers of' dock workers in
the said association.
(c) The
members representing the shipping companies shall be appointed from amongst the
persons nominated by the Indian National Shipowners Association, the
Association of' Shipping Interests in Calcutta and the overseas shipping
interests, in consultation with the Director-General of' Shipping, Bombay.]
(4) No act or proceeding of the Board shall be invalid merely on
the ground of the existence of any vacancy in, or defect in the constitution
of, the Board.
1 Subs. by S.O. 984, dated 26th October, 1988 (w.e.f
26-10-1988).
4. Term
of office of members. –
(1) A member other than a member representing the Central
Government shall hold office for a period of three years from the date of the
notification appointing him as a member and shall be eligible for
reappointment:
Provided that an outgoing member shall continue in office until the
appointment of his successor is notified in the Official Gazette:
Provided further that a member appointed to fill a casual vacancy shall
hold office for the unexpired portion of' the term of the person in whose place
he is appointed.
(2) A
member representing the Central Government may be appointed either by name or
by virtue of his office. Every such
member shall hold office during the pleasure of' the Central Government.
(3) A
member other then a member representing the Central Government may resign his
office by a letter under his hand addressed to the Chairman.
1[***]
2[(4)] A member shall be deemed to have vacated his
office:
3[***]
4[(i)]
If he becomes insolvent; or
4I(ii)] If he is convicted of an offence which, in
the opinion of' the Central Government, involves moral turpitude; or
4[(iii)]
If he is absent from three consecutive
ordinary meetings of the Board without leave of' absence from the chairman; or
5[(iv)]
If, in the opinion of the Central Government, a member who was appointed to
represent dock workers or employers of dock workers and shipping companies
ceases to be representative of dock workers or their employers or the shipping
companies, as the case may be; or
5[(v)] If, in the opinion of the Central Government,
it is for any other reason not desirable that he should continue to be a
member:
6[Provided
that no member shall be deemed to have vacated his office under this clause,
unless he is given a reasonable opportunity of being heard and the Central
Government records its reasons in writing for such vacation of' office by the
member.]
Every vacancy under this
rule shall be notified in the Official Gazette.
1. Sub-rule (4) omitted by S. O. 1688,
dated 19th June, 1987 (w.e.f.4-7-1987).
2. Sub-rule (5) renumbered as sub-rule (4)
by S.O. 1688, dated 19th
June, 1987 (w.e.f. 4-7-1987).
3. Clause (i) of Sub-rule (4) as so
renumbered omitted by S.O. 1688, 19th June, 1987 (w.e.f. 4-7-1987).
4. Clauses (ii), (iii), (iv), (v) and (vi)
of sub-rule (4) as so renumbered, renumbered as clauses (i), (ii), (iii), (iv)
and (v) respectively by S.O. 1688, dated 19th June, 1987 (w.e.f. 4-7-1987).
5. Clauses (ii), (iii), (iv), (v) and (vi)
of sub-rule (4) as so renumbered, renumbered as clauses (i), (ii), (iii), (iv)
and (v) respectively by S.O. 1688, dated 19th June, 1987 (w.e.f . 4-7-1987).
6 Added by S.O. 984, dated 26th October,
1988 (w.e.f. 26-10 1988).
5. Suspension from membership. -If, on a report
from the Chairman and after such inquiry as it may deem necessary, the Central
Government is of opinion that a body or association which is represented on the
Board has acted or is acting in a manner prejudicial to the working of the
Scheme or to the attainment of its objective, it may after giving an
opportunity to that body or association to be heard by order suspend the
representation of that body or association until such time or for such period
as may be specified in such orders
6. Allowances for non-official members. -There shall be
paid to the non-official members of the Board such fees and allowances as may,
subject to the approval of the Central Government, be determined by the Board
from time to time.
1[7.
Meetings of the Board. –
(1) A meeting of the Board, other than a special meeting, shall be
held at the least once in every two months.
(2) The Chairman or-in his absence the Deputy Chairman, if
appointed, may, at his discretion and shall upon a written request of not less
than three members, of the Board, call a special meeting of the board.
(3) The Chairman and in his absence the Deputy Chairman, if
appointed, shall preside over the meetings of the Board :
Provided that if the Chairman or the Deputy Chairman is absent, or if
there is no Deputy Chairman, the members present shall elect one of them to
preside over the meeting and the member so elected shall at that meeting
exercise all the powers of the
Chairman.
(4) At least fifteen days notice shall be given for convening an
ordinary meeting of' the Board and at least seven days' notice shall be given
for convening a special meeting of the Board.
(5) A meeting of the Board shall be held at port premises of the
respective major ports, except where it is decided in advance by the Board, for
reasons to be recorded in writing, to hold any meeting at any other place.
(6) No business shall be transacted at any meeting of the Board
unless at least one-third of' the members are present in such meeting.
(7) The agenda and notes of memoranda thereon, if any, for any
meeting of the board shall be circulated to the members at least three days before
the date of the meeting:
Provided that in the case of a special meeting, Such agenda and notes of memoranda shall be circulated at least
one day before the date of the meeting,
(8) The Chairman or in his absence the Deputy Chairman, if
appointed, may at his discretion, include for discussion at any of the meeting
of the Board, including a special meeting, any item not included in the agenda,
if the same is, in his opinion, of sufficient importance or urgency and cannot
be held over for the consideration by the Board at any subsequent meeting
thereof.
(9) If any question arises for the decision of the Board it shall
be decided by majority of the members present and voting, and in case of
equality of votes, the presiding officers of such meeting shall have a second
or a casting vote.
(10) The Chairman or in his absence the Deputy Chairman, if
appointed, may invite any person to be present at any meeting and to
participate in the discussion but such a person shall not be entitled to vote.
(11) The minutes of the proceedings at each meeting of the Board
shall be recorded in a book to be provided by the Board, which shall be signed
as soon as practicable by the presiding officer of such meeting and shall be
open to inspection by any member during office hours.
(12) The presiding officer of
a meeting may adjourn the meeting to a later date, which may be announced at
the meeting and where such announcement is made, intimation shall also be sent
to the members absent at the meeting at least three days before the date of the
meetings
1. Subs. by S.O. 984, dated 26th October, 1988
(w.e.f. 26-10-1988).
8. Mode of entering into contracts.-The Chairman may
enter into any contract on behalf of the Board and every contract so entered
shall be binding on the Board:
Provided that every such contract,
the subject matter of which exceeds Rs. 5,000 in value, shall be in writing and
signed by the Chairman and any other member of the Board.
9. Maintenance of accounts of the Board. -The annual statement of'
accounts shall be prepared in forms I to IV appended to these rules.
DOCK LABOUR BOARD
Form Of Income and
Expenditure accounts for the year ending on 31st March
|
Figures for the previous year: - |
Expenditure:
|
Figures for the current year:
- |
Figures for the previous
year: - |
Income: |
Figures for the current year:
- |
|
To Administrative charges By levy from the
Registered
Employer…………
Interest on investment in
Securities………….
Interest on call money
deposit ……………..
Miscellaneous Receipt |
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DOCK LABOUR BOARD
Form of Assets Register
Account…………
For the year ending on
31st March
|
Voucher No. and date |
Particulars supplier Bill/Bills |
Depreciation of articles |
Quantity |
Net Price |
Incidental charges |
Total Price |
Net Value as at. |
Deprecia- tion Rs |
Other adjust ment |
Net Value as at |
Remarks |
|
Total…………………………………………… |
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|
Grand
Total……………………………………. |
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DOCK LABOUR BOARD
Form of Balance Sheet
as at 31st March…………
|
Figures for the previous year |
Liabilities |
Figures for the current year |
Figures for the previous year |
Assets |
Figures for the current year |
|
Cash & Bank balance |
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|
|
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DOCK LABOUR
BOARD
Budget
Final revised Budget
Estimates for the year………and original Budget Estimates for the year………
|
Particulars |
Original Estimates for
the yea….19 |
Amount provided in the
first revised Budget Estimate for the year….19 |
Actual amount spent up
to December |
Estimates expenditure
from January to ……March …….. |
Final revised estimates
for the year |
Estimate for the year |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
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