THE
DOCK WORKERS (REGULATION OF
EMPLOYMENT)
(INAPPLICABILITY TO
MAJOR
PORTS) ACT, 1997
1. Short
title and commencement
2. Definitions
4. Transfer of assets and liabilities of
the Dock Labour Board, etc., to the Board
THE DOCK WORKERS
(REGULATION OF EMPLOYMENT) (INAPPLICABILITY TO MAJOR PORTS) ACT, 1997
(31 of 1997)
[August 18, 1997]
An Act to provide for inapplicability of the Dock Workers (Regulation of Employment) Act, 1948 to dock workers of major port trusts and for matters connected therewith or incidental thereto
Be it enacted by Parliament in the Forty-eight Year of the Republic of India as follows: -
1. Short title and commencement. -
(1) This Act may be called the Dock Workers
(Regulation of Employment) (Inapplicability to Major Ports) Act, 1997.
(2)
It shall come into force on such date1
as the Central Government may, by notification in the Official Gazette,
appoint.
1. Came into fore on 5-1-1998 vide S.O.
22(E), dated 5th January, 1998.
2. Definitions. -In this Act, unless the context otherwise requires, -
(a) “Appointed day”, in
relation to a major port, means the date specified under section 3 for that
major- port;
(b) “Board” has the
same meaning as in the Major Port Trusts Act, 1963 (38 of, 1963);
(c) “Dock Labour
Board” means a Dock Labour Board established under section 5-A of the Dock
Workers (Regulation of Employment) Act, 1948 (9 of 1948);
(d) “Major- port” has the
same meaning as in the Indian Ports Act, 1908 (15 of 1908).
3. Inapplicability of the provisions of the Dock Workers (Regulation of Etnployiiieiit) Act, 1948 to major ports. -The Central Government may, after settlement is arrived at between the Dock Labour Board of any major port, its workmen and the management of that major port in accordance with the provisions of the Industrial Disputes Act, 1947 (14 of' 1947), direct, by notification in the Official Gazette that the provisions of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), shall cease to have effect in relation to that major port with effect from the date specified in that notification.
4. Transfer
of assets and liabilities of the Dock Labour Board, etc., to the Board. -
(1) On
the appointed day in relation to a major port, -
(a) Property, assets and funds vested in the
Dock Laboui- Board immediately before such day, shall vest in the Board.
(b) All debts, obligations and liabilities
incurred, all contracts entered into and all matters and things engaged to be
done, by, with or for the Dock Labour Board immediately before such day, for or
in connection with the purposes of the Dock Labour Board, shall he deemed to
have been incurred, entered into and engaged to be done by, with or for the
Board;
(c) All suits of money due to the Dock Labour
Board immediately before such due shall be deemed to be due to the Board;
(d) All suits and other legal proceeding instituted by or against
the Dock Labour Board immediately before such day for any matter in relation to
the Dock Labour Board may be continued by or against the Board;
(e) Every employee and worker serving under
the Dock Labour Board shall hold office or service under the Board on the terms
and conditions which are not in any way less favourable than those which would
have been admissible to him if there had not been transfer of his services to
the Board and shall continue to do so until his employment in the Board is duly
terminated or until his tenure, remuneration or terms and conditions of service
are duly altered by the Board.
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), of in any other law for the time being in force, the transfer of the services of any employee under this section to the Board shall not entitle such employee to any compensation under that Act of any other law, and no such claim shall be entertained by any Court, tribunal or authority.