DOCK WORKERS (SAFETY, HEALTH AND WELFARE) RULES, 1990
G.S.R. 79 (E), dated 16th February, 1990.*- Whereas the draft of Dock Workers, (Safety, Health and Welfare) Rules, 1987, was published as required by subsection (1) of Sec. 22 of the Dock Workers, (Safety, Health and Welfare) Act, 1986 (54 of 1986), in Pt. II, Sec. 3 (i), of the Gazette of India, Extraordinary, dated the 27th November, 1987 with notification of the Government of India In the Ministry of Labour, No. G.S.R. 939 (E), dated the 27th November, 1987, inviting objections and suggestions from all persons likely to be affected thereby, till the expiry of a period of forty-five days from the date of publication of the said draft notification in the Official Gazette; And whereas the said Gazette was made available to the public on the 18th December, 1987; And whereas the objections and suggestions received from the public on the said draft have been considered by the Central Government; Now therefore, in exercise of the powers conferred by Sec. 20 of the said Act, the Central Government hereby makes the following rules, namely:-
1. Short title, application and commencement.-
(1) These rules may be called the Dock Workers, (Safety, Health and Welfare) Rules, 1990.
(2) They shall apply to all major ports in India as defined in the Major Ports Act, 1963 (38 of 1963).
3) They shall come into force after expiry of 30 days from the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise require.-
(a) "Act" means the Dock Workers, (Safety, Health and Welfare) Act, 1986 (54 of 1986);
(b) "Regulations" means the Dock Workers, (Safety, Health and Welfare) Regulations, 1989; and,
(c) All the words used in these rules and not defined but defined in the Act or the regulations shall have the meanings respectively assigned to them in the Act and the regulations.
Comment This rule lays down that the words used in these rules but not defined shall have the meanings as assigned to those words in the Act or the regulations.
Otherwise-What amounts to.- The word "otherwise" is not to be construed ejusdem gensis with the words "Circulars, advertisements". **
3. Inspection procedure.- An Inspector shall exercise the powers conferred upon him under the Act and the regulations.
4. Notice to employer.-
The Inspector shall, after every inspection visit, as may be deemed necessary, issue an improvement notice or a prohibition notice pointing out the non-compliance of provisions of the Act or the regulations to the owner or master or officer-in-charge of the ship or their agent or the employer of the dock workers in Form IX appended to the regulations.
5. Compliance of previous inspection reports.-
An Inspector shall, at each inspection, ascertain to what extent any shortcomings notified at a previous inspection have been rectified and the notices previously issued have been complied with. His findings and any shortcomings which may come to light during the inspection, together with any order passed by him under the Act or the regulations shall be recorded in an inspection register required to be maintained for the purpose.
6. Notice to whom served.-
Any notice or order required or intended to be served under the Act or the regulations, may be served:
(a) On any person by delivering it to him, or by leaving it at, or sending it by registered post to the ship, premises or registered office as the case may be.
(b) On any firm by delivering it to any partner of the firm or by leaving It at, or sending it by registered post to the office of the firm.
(c) On any company by delivering it to any of the directors or the person in charge of operation in the dock premises or by sending it by registered post to the office of the company.
7. Show-cause notice.-
An Inspector may, as deemed necessary, issue show cause notice and prohibition order and prosecute the port authority, firm or company, who by himself or through his agent is responsible for non-compliance of the provisions under the Act and the regulations.
Comment
Deemed-Meaning of.-
The word "deemed" always means to be treated "as if it were" ***
8. Inquiry into causes of accidents.-An Inspector shall conduct inquiry into causes of any accident or dangerous occurrence, which he has reason to believe was caused as a result of collapse or failure of lifting appliance, loose gear, transport equipment, etc., or non-compliance with any of the provisions of the Act or the regulations.
9. Advisory Committee.-
(a) The Advisory Committee under Sec. 9 of the Act shall consist of the following nine members to be appointed by Central Government, namely:
(i) The Chief Inspector and other two members representing the Central Government.
(ii) Three members representing organisation of employers of dock workers as the Central Government may consider appropriate.
(iii) Three members representing organisations of dock workers, as the Central Government may consider appropriate:
Provided further that the Central Government may remove any member from the Advisory Committee, without assigning any reasons.
(b) The Chief Inspector shall be Chairman of the Advisory Committee.
(c) The members of the Committee shall be appointed for a period of three years.
(d) An official of the organisation of the Chief Inspector shall function as the Secretary to the Advisory Committee and shall be entitled to attend and take part in the meetings of the Committee, he shall not have a right to vote.
(e) (i) The Chairman shall convene meetings of the Advisory Committee, as often as considered necessary, by giving notice of at least 15 days. The Chairman shall also forward to the members the agenda for the meeting before the meeting is held.
(ii) The decisions taken by the Committee shall be forwarded by the Chairman to the Central Government, along with comments and recommendations on the action to be taken thereon.
(iii) A report of the action taken on the decisions of the Advisory Committee shall be presented to the Committee by the Chairman at its next meeting.
Comments
This rule deals with composition of the Advisory committee under Sec. 9 of the Act
Proviso-Internal aid.-It is a well settled principle of construction that unless clearly indicated, a proviso would not take away substantive rights given by the section or the sub-section ****
10. Competent person appointed by Central Government for the purposes of inquiring into the causes of any accident, diseases connected with the dock work under the provision of Sec. 10 of the Act shall make the inquiry in the following manner:
(a) date, time and place of holding the inquiry shall be fixed and may be varied, notice of which shall be given not less than 30 days in writing of such date, time and place to every person entitled to appear at the inquiry whose name and address are known to the competent person :
Provided that.-
(i) with the consent of all such persons, the competent person may give such lesser period of notice as shall be agreed to with those persons; and
(ii) where it becomes necessary or advisable to vary the time or place fixed for the inquiry, the competent person shall give such notice of the variation as may appear to it to be reasonable in the circumstances.
(b) The notice given under paragraph (a) of this rule shall state the name of the competent person and the names of assessors, if any, appointed to assist the competent person in the inquiry.
(c) Without prejudice to the foregoing provisions of this rule, the competent person shall also for the purpose of notifying to the persons who may in any way be concerned with the subject matter of the inquiry, take one or more of the following steps namely:
(i) publish notice of the inquiry in one or more newspapers, including where appropriate, newspapers circulating in the locality/area in which the subject matter of the inquiry arose; and
(ii) give such other notice of the inquiry as appears to the competent person to be appropriate; and the requirements as to the period of notice contained in paragraph (a) of this rule shall not apply to any such notices.
Comment
This rule lays down the manner the inquiry under Sec. 10 of the Act.
11. Persons to appear at inquiry.-
(1) The person entitled to appear at the inquiry shall be-
(a) any competent person under regulation 2 (a);
(b) any enforcing authority concerned;
(c) any employers' association or trade union of employees;
(d) any person who was injured or suffered damage as a result of the accident, occurrence, situation, disease or other matter which is the subject of the inquiry, or his representative;
(e) the owner of any premises in which the accident, occurrence, situation or other matter occurred or arose;
(f) any person carrying on dock work giving rise to the accident, occurrence, situation or other matter which is the subject of the inquiry, and
(g) any other person at the discretion of the appointed competent person.
(2) The following shall represent at the inquiry-
(a) a corporate body may be represented by its secretary or by any other officer appointed for the purpose, or by counsel or solicitor;
(b) a Government department, an employers' association or a trade union may be represented by a counsel or a solicitor,
(c) where there are two or more persons having a similar interest in the matter under inquiry, the competent person may allow one or more persons to appear for the benefit of some or all persons so interested.
(3) The competent person appointed by the Central Government under Sec. 10 of the Act, may, either of his own motion or on the application of any person entitled or permitted to appear, cause to be served on any person appearing to him to be likely to be able to give material evidence or to produce any document likely to be material evidence, a notice requiring that person to attend at the inquiry at the time and place specified in the notice to give evidence or produce the document.
(4) A person on whom a notice is served under sub-rule (3) may apply to the competent person either at or before the inquiry to vary or set aside the requirement, and where he does so before the inquiry he shall give notice of his application to the person, if any, who applied for the notice under sub-rule (3) to be served.
(5) Except as otherwise provided in these rules, the procedure at and in connection with an inquiry shall be at the discretion of the competent person who shall state at the commencement of the hearing the procedure which, subject to consideration of any submission by the persons appearing at the inquiry, he proposed to adopt and shall inform those persons what he proposes as regards any site inspection arising out of the hearing.
To be continue...
(1) These rules may be called the Dock Workers, (Safety, Health and Welfare) Rules, 1990.
(2) They shall apply to all major ports in India as defined in the Major Ports Act, 1963 (38 of 1963).
3) They shall come into force after expiry of 30 days from the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise require.-
(a) "Act" means the Dock Workers, (Safety, Health and Welfare) Act, 1986 (54 of 1986);
(b) "Regulations" means the Dock Workers, (Safety, Health and Welfare) Regulations, 1989; and,
(c) All the words used in these rules and not defined but defined in the Act or the regulations shall have the meanings respectively assigned to them in the Act and the regulations.
Comment This rule lays down that the words used in these rules but not defined shall have the meanings as assigned to those words in the Act or the regulations.
Otherwise-What amounts to.- The word "otherwise" is not to be construed ejusdem gensis with the words "Circulars, advertisements". **
3. Inspection procedure.- An Inspector shall exercise the powers conferred upon him under the Act and the regulations.
4. Notice to employer.-
The Inspector shall, after every inspection visit, as may be deemed necessary, issue an improvement notice or a prohibition notice pointing out the non-compliance of provisions of the Act or the regulations to the owner or master or officer-in-charge of the ship or their agent or the employer of the dock workers in Form IX appended to the regulations.
5. Compliance of previous inspection reports.-
An Inspector shall, at each inspection, ascertain to what extent any shortcomings notified at a previous inspection have been rectified and the notices previously issued have been complied with. His findings and any shortcomings which may come to light during the inspection, together with any order passed by him under the Act or the regulations shall be recorded in an inspection register required to be maintained for the purpose.
6. Notice to whom served.-
Any notice or order required or intended to be served under the Act or the regulations, may be served:
(a) On any person by delivering it to him, or by leaving it at, or sending it by registered post to the ship, premises or registered office as the case may be.
(b) On any firm by delivering it to any partner of the firm or by leaving It at, or sending it by registered post to the office of the firm.
(c) On any company by delivering it to any of the directors or the person in charge of operation in the dock premises or by sending it by registered post to the office of the company.
7. Show-cause notice.-
An Inspector may, as deemed necessary, issue show cause notice and prohibition order and prosecute the port authority, firm or company, who by himself or through his agent is responsible for non-compliance of the provisions under the Act and the regulations.
Comment
Deemed-Meaning of.-
The word "deemed" always means to be treated "as if it were" ***
8. Inquiry into causes of accidents.-An Inspector shall conduct inquiry into causes of any accident or dangerous occurrence, which he has reason to believe was caused as a result of collapse or failure of lifting appliance, loose gear, transport equipment, etc., or non-compliance with any of the provisions of the Act or the regulations.
9. Advisory Committee.-
(a) The Advisory Committee under Sec. 9 of the Act shall consist of the following nine members to be appointed by Central Government, namely:
(i) The Chief Inspector and other two members representing the Central Government.
(ii) Three members representing organisation of employers of dock workers as the Central Government may consider appropriate.
(iii) Three members representing organisations of dock workers, as the Central Government may consider appropriate:
Provided further that the Central Government may remove any member from the Advisory Committee, without assigning any reasons.
(b) The Chief Inspector shall be Chairman of the Advisory Committee.
(c) The members of the Committee shall be appointed for a period of three years.
(d) An official of the organisation of the Chief Inspector shall function as the Secretary to the Advisory Committee and shall be entitled to attend and take part in the meetings of the Committee, he shall not have a right to vote.
(e) (i) The Chairman shall convene meetings of the Advisory Committee, as often as considered necessary, by giving notice of at least 15 days. The Chairman shall also forward to the members the agenda for the meeting before the meeting is held.
(ii) The decisions taken by the Committee shall be forwarded by the Chairman to the Central Government, along with comments and recommendations on the action to be taken thereon.
(iii) A report of the action taken on the decisions of the Advisory Committee shall be presented to the Committee by the Chairman at its next meeting.
Comments
This rule deals with composition of the Advisory committee under Sec. 9 of the Act
Proviso-Internal aid.-It is a well settled principle of construction that unless clearly indicated, a proviso would not take away substantive rights given by the section or the sub-section ****
10. Competent person appointed by Central Government for the purposes of inquiring into the causes of any accident, diseases connected with the dock work under the provision of Sec. 10 of the Act shall make the inquiry in the following manner:
(a) date, time and place of holding the inquiry shall be fixed and may be varied, notice of which shall be given not less than 30 days in writing of such date, time and place to every person entitled to appear at the inquiry whose name and address are known to the competent person :
Provided that.-
(i) with the consent of all such persons, the competent person may give such lesser period of notice as shall be agreed to with those persons; and
(ii) where it becomes necessary or advisable to vary the time or place fixed for the inquiry, the competent person shall give such notice of the variation as may appear to it to be reasonable in the circumstances.
(b) The notice given under paragraph (a) of this rule shall state the name of the competent person and the names of assessors, if any, appointed to assist the competent person in the inquiry.
(c) Without prejudice to the foregoing provisions of this rule, the competent person shall also for the purpose of notifying to the persons who may in any way be concerned with the subject matter of the inquiry, take one or more of the following steps namely:
(i) publish notice of the inquiry in one or more newspapers, including where appropriate, newspapers circulating in the locality/area in which the subject matter of the inquiry arose; and
(ii) give such other notice of the inquiry as appears to the competent person to be appropriate; and the requirements as to the period of notice contained in paragraph (a) of this rule shall not apply to any such notices.
Comment
This rule lays down the manner the inquiry under Sec. 10 of the Act.
11. Persons to appear at inquiry.-
(1) The person entitled to appear at the inquiry shall be-
(a) any competent person under regulation 2 (a);
(b) any enforcing authority concerned;
(c) any employers' association or trade union of employees;
(d) any person who was injured or suffered damage as a result of the accident, occurrence, situation, disease or other matter which is the subject of the inquiry, or his representative;
(e) the owner of any premises in which the accident, occurrence, situation or other matter occurred or arose;
(f) any person carrying on dock work giving rise to the accident, occurrence, situation or other matter which is the subject of the inquiry, and
(g) any other person at the discretion of the appointed competent person.
(2) The following shall represent at the inquiry-
(a) a corporate body may be represented by its secretary or by any other officer appointed for the purpose, or by counsel or solicitor;
(b) a Government department, an employers' association or a trade union may be represented by a counsel or a solicitor,
(c) where there are two or more persons having a similar interest in the matter under inquiry, the competent person may allow one or more persons to appear for the benefit of some or all persons so interested.
(3) The competent person appointed by the Central Government under Sec. 10 of the Act, may, either of his own motion or on the application of any person entitled or permitted to appear, cause to be served on any person appearing to him to be likely to be able to give material evidence or to produce any document likely to be material evidence, a notice requiring that person to attend at the inquiry at the time and place specified in the notice to give evidence or produce the document.
(4) A person on whom a notice is served under sub-rule (3) may apply to the competent person either at or before the inquiry to vary or set aside the requirement, and where he does so before the inquiry he shall give notice of his application to the person, if any, who applied for the notice under sub-rule (3) to be served.
(5) Except as otherwise provided in these rules, the procedure at and in connection with an inquiry shall be at the discretion of the competent person who shall state at the commencement of the hearing the procedure which, subject to consideration of any submission by the persons appearing at the inquiry, he proposed to adopt and shall inform those persons what he proposes as regards any site inspection arising out of the hearing.
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