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
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. Vide S.O. 1910, dated Ist June. 1962,
published in the Gazette of India, Pt. II, sec. 3(ii), p. 2150, dated 9th June,
1962.
(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].
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 Visahakhapatnam on such terms
and conditions as the Central Government may determine.
(b) The members representing the employees of dock workers shall be appointed, in Consultation with the Dissociations of employers of' dock workers, taken 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 Ship owners 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, of 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 lie 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 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
4 [(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 slipping companies ceases to be representative of
dock workers or then- employers of 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 Hand 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.
l. Sub-rule (4) emitted by S.O. 1689, 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, 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.0- 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 in 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 nonofficial member 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.
3. Subs. by S.O. 984 dated 26th October,
1988 (w.e.f. 26-10-1988).
(1) A meeting of the Board, other than a special meeting, shall he 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 converting 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 port except where it is decided in
advance by the Board, for reasons to be recorded in writing, to hold any meting
at any other place.
(6) No business shall he 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 he
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 rises for the decision of
the Board it shall be decided by majority of the members present and voting,
and in case 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 he present at any meeting and to participate in the discussion but Such in 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 he provided by the Board,
which shall be signed as soon, is practicable by the presiding officer of such
meeting, and shall he 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 ally 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………
|
Figure
for the previous year |
Expenditure |
Figure
for the current year |
Figure
for the previous year |
Income |
Figure
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 31 st March…………….
|
Voucher No. and date |
Particulars supplier Bill/Bills |
Depreciation of articles |
Quantity |
Net Price |
Incidential changes |
Total Price |
Net Value as at. |
Depreciation Rs. |
Other adjustment |
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……….
|
Figure
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 year…19 |
Amount
provided in the First revised Budget Estimates for the year…19 |
Actual
amount spent upto December |
Estimated
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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