THE
DOCK WORKERS (REGULATION OF EMPLOYMENT) RULES, 1962 In exercise of the powers conferred by sub-sections (1) and (2) of Sec. 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. (2) They extent to all the major ports of Bombay, Calcutta,
Cochin, Kandla, Madras, Mormugao and Vishakhapatanam which have Dock Laour
Boards. 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 Sec. 5-A; (c) "Chairman" means a member of the Dock Labour Board; (ca) ?Deputy Chairman? means the Deputy
Chairman of the Board; (d) "Member" means a member of the Dock Labour Board. (e) "Scheme" means the Dock Workers (Regulation of
Employment) Scheme, framed under sub-section (1) of Sec. 4 of the Act. (1) Each Board shall consist
of not less than nine members and shall
include an equal member 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 port of
Bombay, Culcutta, Cochin,
Madras, Mormugao and Vizagapatnam on such terms and conditions as the Central
Government may determine: (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 membersship of unions of dock workers as verified by the
Board. (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. 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
re-appointment: Provided that an outgoing member shall continue in office until the appointment of his sucessor 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 than a member representing the Central Government may resign his office by a letter under in his hand addressed to the Chairman. (4) A member shall be deemed to have vacated his office: ?(i) if he becomes insolvent; or (ii) if he is convicted of an
offence which in the opinion of the Central Government, involves moral
turpitude; or (iii) if he is absent from three
consecutive ordinary meetings of the Board without leave of absence from the
Chairman; or (iv) if, in the opinion of the Central
Government, a member who was appointed to
represent of 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 (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: 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 Govrnment records its reasons in
writing for such vaction of office by the member. Every vacancy under this rule shall be notified in the official
Gazette. 5. Suspension
from membership.? If, on a report from the Chairman and
after such enquiry 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 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 order. 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) 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 convencing 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 adance by the Board, for reasons to be recorded in writing, to
hold 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 meetings 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. (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
meeting. 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 statements of
accounts shall be prepared in Forms I and
IV appended to these rules.
Page 1 of 1 FORM I DOCK LABOUR BOARD Form of Income and Expenditure accounts
for the year ending 31st March..................... Figures for the previous year Expenditure Figures of the current year Figures for the previous year Income Figures for the current year To Administrative Charges By levy from the Registered Employers...................... ...... Interest on investment in securities.............................. Interest on call money deposit Mics. Receipt??????.. Page 1 of 1 FORM II DOCK LABOUR BOARD Form of Asset Register Account........... For the year ended 31st
March.............. Voucher No. and date Particlars of suppliers Bill/Bills Descrition of articles Quantity Net price Incidental charges Total Price Net value as at.... Depreiation Rs. Other adjusment Net value as at... Remarks Total Grand Total Page 1 of 1 FORM III DOCK LABOUR BOARD Form of Balance Sheet as at 31st
March?............. Figures for the Assets previous year Liabilities Figures of the current year Figures for the previous year Cash & Bank balance Figures for the current year Page 1 of 1 FORM IV DOCK LABOUR BOARD Budget Final revised Budget Estimates for
the year.......... and original Budget Estimates for the
year.................... Particulars Original Estimates for the year..........19 Amount provided in the first revised Budget Estimates for the year.........19 Actual amount sent up to December Estimated expendi form January to March Final revised estimates for the year Estimate for the year Remarks 1 2 3 4 5 6 7 8