[1][THE PARADIP PORT TRUST (LICENSING OF STEVEDORES) REGULATION,
1987 In
exercise of the powers conferred under Section 123 of the Major Port Trusts
Act, 1963 (38 of 1963) the Board of Trustees hereby make the following
regulations, namely: Regulation 1. Short title and
commencement.-- (1) These
regulations may be called the Paradip Port Trust (Licensing of Stevedores)
Regulation, 1987. (2) They
shall come into force on the date of their publication in the Official Gazette
as required under Section 124 of the Major Port Trusts Act. Regulation 2. Definitions.-- In these
regulations unless the context otherwise requires- (i) "Act"
means the Major Port Trusts Act, 1963; (ii) "Board"
means the Board of Trustees of the Port of Paradip as constituted under the
Act; (iii) "Chairman"
means Chairman of the Board; (iv) "Form"
means Form annexed to these regulations; (v) "Stevedore"
means a person or a firm to whom Stevedoring Licence is issued under Regulation
3 includes the Paradip Port Trust which will operate as Stevedore under this
regulation. (vi) "Traffic
Manager" means the Officer for the time being in charge of the Traffic
Department of the Paradip Port Trust and includes the Deputy and Assistant
Traffic Managers and any other Officers acting under the authority of the
Traffic Manager. Regulation 3. Issue of
Stevedoring Licence.-- (1) The
Chairman may issue stevedoring licences for a period of two years, on
application, to persons to act as Stevedores at the Port 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 the stevedoring of vessels within the Port. (2) Other
than the Port Trust no Stevedores shall be allowed to work on board any vessel
in the Port except under a licence issued by the Chairman under these
regulations. Regulation 4. Production of
evidence of stevedoring work done.-- (i) No
licence for stevedoring be granted unless the applicant produces evidence for- (a) that a
Shipping Company, Charterer of Ship, owner of cargo has entered into or is
prepared to enter into a contract for stevedoring with him; (b) that he
was maintained/would maintain the input/output norms of handling different
commodities as may be laid down by the Board from time to time; (c) that his
financial standing to meet the obligations to the workers and staff employed on
account of wage and compensation under the Workmen's Compensation Act, 1923,
Payment of Wages Act, 1936, Industrial Disputes Act, 1947 or any other law for the time
being in force; and makes a deposit of rupees one lakh in cash or any other
acceptable security which will be refunded discharged after the
termination/expiry of the licence; (d) that he
undertakes to have in his employment such minimum staff and have in his
possession such minimum gear as may be prescribed by he Board for undertaking
stevedoring efficiently; (e) condition
'a' above is not applicable for a new applicant who will be on probation for a
period of 4 years within which he can compete with existing stevedores and
establish in his business. (ii) The
vessel owners including container and steamer agents who have been operating in
a Port for five years or more would be eligible for grant of a licence Regulation 5. Duties and
responsibilities of stevedores.-- Every
stevedore shall be subject to the; owing duties, obligations and
responsibilities during the currency of stevedoring licence issued them by
Chairman, namely: (a) He shall
ensure due compliance by all the staff and the workers employed by him during
the operation of landing and shipping of transhipping goods or work incidental
hereto, of the provisions of the Indian Dock Labourers Act, 1934 the Indian
Dock Labourers Regulations, 1948, the Dock Workers' (Safety, Health and
Welfare) Scheme, 1961 and notifications issued thereunder the Industrial
Disputes Act, 1947, the Payment of Bonus Act, 1965 and rules regulations and
schemes issued thereunder, relating to such operations and for the time being
in force. (b) He shall
carry out the operations with the gear owned or hired by him; (c) He shall
be solely responsible for any accident or damage resulting from the use of any
gear used by him; (d) He shall
comply with all accepted safe dractices in relation to operations performed by
him; (e) He shall
indemnify the Board against all third party claims arising out operations
performed by him; (f) Whenever
the Board has to pay compensations to any of its employees or workers or his
dependants under the provisions of the Workmen's Compensation Act, 1923, in
consequence of any accident arising out of, and during the course of work
performed by a Stevedore or any employee or worker employed by him, the
Stevedore shall reimburse the Board any sum so paid and for such purpose, the
quantum of the compensation as determined under the Workmens Compensation Act,
1923, shall be taken as binding and conclusive between the Board and the
Stevedores; (g) If any
gear, plant and 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 which shall be decided by the Chairman after carrying out
a proper enquiry; (h) He shall
agree to refer any dispute or difference between him and the Paradip Port Trust
as to the payment of compensation, its quantum or any connected question to an
Arbitrator nominated by the Board; (i) He shall
be responsible to employ at least one experienced person to supervise in every
vessel in respect of which he has undertaken the stevedoring operations; (j) He shall
submit promptly any information asked for by the Chairman, Traffic Manager or
any other competent Officer of the Board from time to time; (k) He shall
ensure that all the dues of the Board are paid on the appointed dates, failing
which his licence shall not be renewable and be liable to be cancelled under
these regulations; (l) He shall
provide for adequate supervision over the workers employed by him in order to
ensure maximum productivity consistent with the requirements of safety; (m) He shall
provide all the necessary gear equipment duly tested for the respective type of
cargo; (n) He shall
produce the gear, equipment, with necessary annealing and test certificates,
for inspection periodically or whenever demanded by the Inspector, Dock Safety
or the Traffic Manager or any other Officer. (o) He shall
provide the workers necessary protective safety appliances for the type of
cargo; (p) He shall
ensure that the workers are available at the worksite throughout the shift
period except during the recess hours and render the normal output and shall
take effective steps to improve the performance whenever output falls below
normal; (q) He shall
make adequate arrangements for ancillary operations such as filling, stitching
and breaking of cargo, stacking of cargo, storage of cargo, etc. on board the
vessels; (r) He shall undertake
to pay to workers engaged by him wages in accordance with the term of wage
settlement arrived at between the Central Government and the Federation of Port
and Dock Workers from time to time; (s) He shall
not assign, transfer of in any manner part with any interest or benefit in or
under the licence to any other person without the prior approval in writing of
the chairman; (t) He shall
comply with such instructions as may be issued from time to time by the Traffic
Manager in the interest of safety, improved productivity and labour discipline; (u) He shall
maintain proper books of Account at the proper place which will be open to
inspection by the Chairman or any Officer authorised by him; (v) He shall
ensure to keep the Security and other Deposits valid during the currency of
Stevedoring Licence. Regulation 6. Application for
grant/renewal of licence.-- (1) The
application for grant or renewal of stevedoring licence shall be made in Form-A
to the Traffic Manager. (2) The
applicant shall pay a licence fee of Rs. 4,500 (Rupees four thousand five
hundred) only before the licence is issued or renewed. Every licensed stevedore
shall deposit a sum of Rs. 5,000 (Rupees five thousand) only as earnest money
for the proper performance of work permitted under the licence. The earnest/security
money will not carry any interest and will be refunded when the licence ceases
to operate after adjusting the claims, if any, of the Board. (3) That the
applicant shall also produce a Bank Guarantee for rupees one lakh to be valid
during the currency of the Stevedoring licence (not less than 2 years) so as to
meet any contingency. (4) Every
licence granted or renewed under these regulations shall be in Form B. (5) The
application for renewal of stevedoring licence shall be made at least one month
before the expiry of the licence. If the application for renewal is not
received within the stipulated period of one month, such applications may be
accepted on payment of Rs. 50 (Rupees fifty) only by the Chairman: Provided
that the application for renewal together with the late fee is received by the
Traffic Manager before the actual date of expiry of the licence. (6) Upon
receipt of an application in Form 'A' the Chairman may grant or renew a license
or refuse grant/renewal of license for reasons to be recorded in writing: Provided
further that the applicant will be intimated of such refusal in writing. (7) In the
event of loss or defacing of the original licence a duplicate licence may be
obtained on an application made to the Traffic Manager on payment of Rs. 100 (Rupees
one hundred) only. Regulation 7. Change in name,
constitution, etc. to be communicated.-- (1) Where the
Stevedore is a firm or a Company, it shall immediately communicate to the
Chairman any change in the Director, Managing Director or partners, as the case
may be, with a copy of the document in support of such change. (2) Any
change in the name, title or constitution of a firm or a company holding a
Stevedoring Licence shall be communicated to the Chairman forthwith. The firm
or Company undergoing such a change shall submit a fresh application for the
grant of new licence: Provided
that the Chairman may allow such firm or company to carry on business till a
decision is taken on such fresh application. Regulation 8. Suspension of
Licences.-- (1) The
Chairman may at any time suspend for such period as it may deem fit, or cancel
the licence issued to a Stevedore for violation of any of the terms of the
licence or for any of the reasons listed below. (i) violation
of safety precautions; (ii) low
productivity; (iii) lack of
supervision over stevedoring workers; (iv) improper
and unsafe handling packages; (v) misrepresentation
or misstatement of material facts; (vi) the
Stevedores being adjudged insolvent or has gone into liquidation; (vii) on the
Stevedore, being charged of a criminal offence; (viii) causing
obstruction in any work in the port; (ix) sub-letting
of work to other parties; (x) any
misconduct which in the opinion of the Chairman warrants such cancellation or
suspension. (2) No
Stevedoring licence shall be cancelled or suspended until the Stevedore has been
given a reasonable opportunity for showing cause why his licence should not be
cancelled or suspended and after recording of reasons for such cancellation or
suspension. Regulation 9. Appeal.-- (1) Any
person aggrieved by any cancellation, suspension or refusal of licence made
under these Regulations may prefer an appeal in writing to the Central
Government within thirty days of the communications of the order appealed
against. (2) The
Central Government 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 of the appellant satisfies the Central Government that he
has sufficient cause for not making an application within such period. Regulation 10. Repeal.-- Rules
Nos. 62, 63 and 64 of Paradip Port Rules, 1966 dealing with Stevedoring Licence
shall stand repealed from the date this Regulation comes into force.PREAMBLE