In pursuance of sub-section (2) of Section 124 of
the Major Port Trusts Act, 1963 (38 of 1963), the Board of Trustees of the Port
of Mumbai hereby publish the following 'The Mumbai Port Trust (Licensing of
Stevedores and Allied Matters) Regulations, 2012 made by them in exercise of
the powers, conferred by Section 123 of that Act, in replacement of The Bombay
Port Trust (Licensing of Stevedores and Allied Matters), Amendment Regulations,
1989' for the information of the persons likely to be affected thereby and
notice is hereby given that the approval thereto of the Central Government as
required under sub-section (1) of Section 124 of that Act, will be applied for
on or after the expiry of fourteen days from the date on which this
notification is first published in this Gazette: These regulations may be called Mumbai Port Trust
(Licensing of Stevedores and Allied Matters) Regulations, 2012. They shall come into force on the day on which the
Central Government's approval thereto shall be published in the Official
Gazette. In these regulations, unless the context otherwise
requires: (i)
"Act" 3 means the Major Port Trusts Act,
1963. (ii)
"Board" means the Board of Trustees of
the Port of Mumbai as constituted under the Act. (iii)
"Chairman" means Chairman of the Board of
Trustees. (iv)
"Dock Labour Board" means the Mumbai Dock
Labour Board constituted under the Dock Workers' Regulations of Employment Act,
1948 (Act 9 of 1948). (v)
"Traffic Manager" means the officer for
the time being in charge of Traffic Department and includes the Deputies and
Assistants to the Traffic Manager and any other officers acting under the
authority of the Traffic Manager. (vi)
"Stevedore" is an authorized agent to
whom a stevedoring licence has been given under Regulation 4 for loading and
unloading and stowage of cargo in any form on board the vessels in Port. The Chairman may, on application, issue stevedoring
licence for a period of three years or such shorter period as he may consider
proper, to a company registered under Companies Act or a Partnership Firm or
any other legal entity, to perform the work of landing and shipping of goods
between vessels in the Port and the wharves, piers, quays or docks belonging to
or in the possession of the Board and any other work involved in stevedoring in
the Port. The vessel owners/vessel operators/steamer agents, the BOT terminal
operator and importers and exporters would also be eligible for grant of
licence. No stevedore shall be allowed to work on board any
vessel in the Port except under such licence. No licence to work as a stevedore shall be granted
unless the applicant produces- (a)
evidence that a Shipping Company/Charterer of
Ship/Owner of cargo be prepared to enter into a contract for stevedoring with
him. (b)
evidence that he has maintained/would maintain the
input/output norms of handling different commodities as may be laid down from
time to time. (c)
proof of his financial stability to meet the
obligation to labour and staff employed on account of wages and compensation
under Workmen's Compensation Act, 1923, the payment of Wages Act, 1936, the
Industrial Dispute Act, 1947 and/or any other law in force at that time. (d)
proof of having in his employment at least 4
Supervisory Personnel with minimum two years of cargo handling/stowage
experience and have in his possession such minimum gear and equipment as may be
specified by the Board from time to time. (e)
a Bank Guarantee for Rupees Five Lakhs so as to
meet any contingency. During the currency of a stevedoring licence issued
by the Chairman the following obligations and responsibilities shall be
fulfilled by the Stevedore, viz.: (1)
He shall be responsible for the due observance and
performance by all staff and labour employed by him during the operation of
landing and shipping or transshipping goods or work incidental thereto of the
provisions in all the relevant acts, rules, regulations and orders relating to
such operations for the time being in force. (2)
He shall ensure that all such operations conform in
all respects to the requirements prescribed by the rules and regulations and
schemes framed under the Dock Workers (Regulations of Employment) Act, 1948 (9
of 1948) or any other law in force from time to time. (3)
Such operations shall be carried out with his own
gear, or gear arranged by him. (4)
He shall be solely responsible for any accidents or
damage resulting from the use of defective gear. (5)
He shall comply with all accepted safe practices in
relation to such operations. (6)
He shall indemnify the Board against all third
party claims arising out of such operations. (7)
Whenever the Board has to pay compensation to any
of its employee or workman whether registered or otherwise or his dependents
under the provisions of the Workmen's Compensation Act, in consequence of any
accident arising out of and during the course of work performed by a stevedore
or any employees or workers employed by him for the time being, the stevedore
shall reimburse the Board any sum so paid. For such purpose, the amount of the
compensation as determined under the Workmen's Compensation Act shall be taken
as binding and conclusive as between the Board and the Stevedore. (8)
Whenever casual workers are deployed, the stevedore
should ensure that such workers are covered by the Insurance Policy. (9)
if any gear, plant or other property of the Board
is damaged in the course of any such operation, the stevedore shall compensate
the Board for such loss or damage, the extent of such compensation being
decided by the Chairman. Note: For the
purpose of sub-regulation 7 above, the term employee or worker shall include a
registered or casual worker of the Dock Labour Board. (10)
Every stevedore shall employ at least one
experienced Foreman and Tindal to superintend the loading or unloading of cargo
or bunkering at each hatch-way at which loading/unloading or bunkering is being
carried on. The Tindal shall supervise the slinging or unslinging of goods in
the hold and whenever a vessel is loading cargo in between decks alone, shall
see that the between-deck hatches that are provided with cross beams and fore
and aft beams have all such beams fixed in their proper places, and that the
hatch covers are properly put on and effectively secured to prevent their
displacement before commencing the work; the Foreman shall remain on deck and
see that the crane chain is not taken out of the square of the hatch-way, and
that the hook does not catch the comings or foul any of the ship's gear or
damage any structure or erection ashore. The Foreman shall give correct signals
to the crane driver and shall superintend the taking off and putting on the
beams and hatch covers and shall see that persons keep out of danger on deck
and do not stand under any hoist. It shall also be the duty of the Foreman when
work is stopped for the day or night, to search and satisfy himself that no one
is remaining in the hold and the stevedore shall be solely responsible to the
owners of the ship and to the Board in the event of any injury or damage being
caused to any person or property in the course of loading, unloading or
bunkering operations. (11)
The stevedore shall submit promptly any information
asked for by the Chairman or the Traffic Manager from time to time. (12)
The stevedore shall ensure that all the dues of the
Board and the Dock Labour Board are paid in advance. His licence shall not be
renewed unless such dues have been settled in full. (13)
He shall provide for adequate supervision over the
workers employed by him to ensure that maximum productivity is ensured
consistent with requirements of safety. (14)
He shall provide all the gears, equipment (duly
tested and found suitable for the various types of cargoes), protective
equipments and safety appliances required for the various types of cargo and
produce all items and gears for inspection with necessary annealing and test
certificates periodically or when demanded by the Inspector, Dock Safety, or
any officer of the Traffic Department or the Dock Labour Board. (14a) He shall
provide the workers necessary protective safety appliances appropriate for the
type of cargo. (15)
He shall ensure that the workers are available at
the work spot throughout the shift period, except during the recess hours and
render the normal output of approved standards as prescribed by the Board or
the Dock Labour Board. (16)
He shall take immediate and effective steps to
improve the performance whenever the output falls below the prescribed
standards. (17)
He shall make adequate arrangements, for ancillary
operation such a filling, stitching and breaking of cargo, stacking of cargo,
storage of cargo, etc. on board vessels. (18)
He shall handle such tonnage during a specified
period as may be prescribed by the Board from time to time. (19)
He shall be regular in payment of his contribution
to the Provident Fund in accordance with the Mumbai Dock Labour Board's
Employees Provident Fund Rules and in payment of dues to the Labour. He shall
not infringe any rules relating to the hiring of labour from the said Board. (20)
He shall undertake to pay the workers engaged by
him wages in accordance with the terms of wage settlement arrived at between
the appropriate authority and the Federations of Port and Dock Workers from
time to time. (21)
He shall not assign, transferer or in any manner
part with any interest or benefit in or under the licence to any other person
without prior approval in writing of the Chairman. (i)
The application for grant/renewal of a stevedoring
licence shall be made in Form 'A'. (ii)
The applicant shall pay a licence fee of Rs. 50,000
or such fee as may be decided by the Chairman from time to time before the
licence is issued or renewed. Every licenced stevedore shall deposit a sum of
Rs. 50,000 as Earnest Money for the proper performance of the work permitted
under the licence. The Earnest Money shall not carry any interest and will be
refunded when the licence ceases to operate after adjusting claims, if any, to
the Board. (iii)
Every licence granted or renewed under these
regulations shall be in Form 'B'. (iv)
Applications for renewal of the licence shall be
made at least three months before the expiry of the licence. If an application
for the renewal is not received within the stipulated period, the application
may be accepted on payment of a late fee of Rs. 500 for each day of delay, or
such fee as may be prescribed by the Chairman from time to time, provided the
application for renewal, together with such late fee is received by the Traffic
Manager before the actual date of expiry of the licence. (v)
In the event of loss or defacing of the original licence,
the stevedore may apply to the Traffic Manager for a duplicate licence along
with a copy of police complaint and on payment of Rs. 1000. The stevedore shall comply with such instructions
as may be issued from time to time by the Traffic Manager in the interests of
safety, improved productivity and labour discipline. The stevedore shall not make payment of any illegal
gratification by whatever name called or any form of illegal inducement to any
worker. (a)
Any firm or company holding a stevedoring licence
shall immediately communicate to the Traffic Manager any change in Director,
Managing Director or Partners as the case may be. (b)
Any change in the name title or constitution of a
firm or a company holding stevedoring licence shall be communicated to the
Traffic Manager forthwith. The firm or company undergoing such change shall
submit a fresh application for the grant of licence provided that the Traffic
Manager may with the sanction of the Chairman allow the firm or company to
carry on business till such time as a decision is taken on such fresh
application. The fresh licence required to be issued, in such cases, will,
however, attract the same charges as are payable for the issue of a new
licence. The Chairman shall report any violation of the
terms and conditions of the stevedoring licence by the stevedore to the
Government and may pending enquiry, suspend for a period not exceeding three
months, licence issued to the stevedore if he finds it expedient and necessary
to do so in the interest of the Port. (i)
Violation of safety regulations & Mandatory
Dock Safety Measures. (ii)
The firm handles less than the minimum guaranteed
throughput/the prescribed parameters as fixed by the port. (iii)
Lack of supervision over the stevedoring work. (iv)
Adopts improper and unsafe handling of packages. (v)
Misrepresentation or mis-statement of material
facts. (vi)
Stevedore being adjudged insolvent or going in
liquidation causing obstruction to any work in the Port. (vii)
Transfers the Stevedoring operations or Sublets the
licence to any other individual or party. (viii)
Making payment of illegal gratification by whatever
name called or in form of illegal inducement to the workers. (ix)
Any Misconduct which in the opinion of the Board
warrants such cancellation or suspension. (x)
Violates security related rules & instructions
like ISPS code compliance etc. (xi)
Indulges in illegal/corrupt practices. (xii)
The CEO of the Stevedoring Firm has been convicted
by the Court of any offence involving moral turpitude and sentenced in respect
thereof to imprisonment for not less than six months, and a period of five
years has not elapsed from the date of expiry of the sentence: Provided that no such licence shall be cancelled or
suspended, as the case may be, until holder of the licence has been given a
reasonable opportunity for showing cause why his licence should not be
cancelled or suspended as the case may be. A licence shall be cancelled, if after the grant
thereof it is discovered that the application for licence contained any
misrepresentation of material facts or if the licencee shall have been adjudged
insolvent or shall have gone into liquidation, as the case may be. Upon these regulations coming into force the Docks
Bye Law Nos. 66, 66A and 67 of the Bombay Port Trust Docks Bye Laws shall stand
repealed. (1)
Any person aggrieved by any order under these
regulations may prefer an appeal, in writing to the Chairman or any other
higher authority within thirty days of the communication of the order appealed
against. (2)
The Chairman or any other higher authority shall
pass such order on the appeal as it deems fit after giving an opportunity of
being heard to the appellant. (3)
Notwithstanding anything contained in
sub-regulation 1, an appeal may be admitted after the period of thirty days if
the appellant satisfies the Chairman or any other higher authority that he had
sufficient cause for not making an application within such period. In case the Port is unable to supply the requisite
workers against the requisition placed by the Stevedores, the Port may allow
the Stevedores to make their own arrangement for this purpose, subject,
inter-alia, to their agreeing to pay at least the minimum wages that the Board
may fix from time to time for the purpose. The personnel deployed in Stevedoring activities
shall be trained in modern methods of Cargo handling for improving the
productivity, efficiency and safety. Notwithstanding anything contained in these
Regulations, Stevedoring licences that may be in force on the date of issue of
these Amendment Regulations shall be deemed to have been issued under these
Regulations and shall continue to be valid till the expiry of the period of
such licences. The Bombay Port Trust (Licensing of Stevedores and
Allied Matters) Regulations, 1979 read with the Bombay Port Trust (Licensing of
Stevedores and Allied Matters) Amendment Regulations, 1989 are hereby repealed.
Notwithstanding such repeal, anything done or any action taken under the Bombay
Port Trust (Licensing of Stevedores and Allied Matters) Regulations, 1979 and
the Bombay Port Trust (Licensing of Stevedores and Allied Matters) Amendment
Regulations, 1989 shall be deemed to have been done or taken under the corresponding
provisions of these Regulations.THE MUMBAI PORT TRUST (LICENSING
OF STEVEDORES AND ALLIED MATTERS) REGULATIONS, 2012
PREAMBLE