Section 9 in V. O. Chidambaranar Port Trust (Licensing of Stevedoring and Shore Handling Agents) Regulations, 2018
9. Duties and responsibilities of Stevedoring and Shore Handling Agent.
- Every Stevedore and Shore Handling Agent shall be subject to the following duties, obligations and responsibilities during the currency of Stevedoring and Shore Handling license issued to him by the Chairman, namely: -(i)the Stevedore and Shore Handling Agent shall ensure due compliance by all the staff and the workers employed by him during the operation of landing, loading transporting goods or work incidental thereto, of the provisions of the Dock Workers ( Regulations of Employment ) Act, 1948 (9 of 1948), the Dock Workers (Safety, Health and Welfare) Scheme, 1961, the Dock Workers (Safety, Health and Welfare) Act,1986 ( 5 of 1986), the Industrial Dispute Act, 1947 (14 of 1947) and the payment of Bonus Act, 1965 (21 of 1965) Minimum Wages Act,1948 (11 of 1948) and rules, regulations and schemes issued there under, relating to such operations and for the time being in force ;(ii)the Stevedore and Shore Handling Agent shall undertake to provide minimum equipment or gear either owned or hired by him ;(iii)the Stevedore and Shore Handling Agent shall be solely responsible for any accident or damage resulting from the use of any gear used by him ;(iv)the Stevedore and Shore Handling Agent shall comply with all accepted safe practices in relation to operations performed by him ;(v)the Stevedore and Shore Handling Agent shall indemnify the Board against all third party claims arising out of operations performed by him;(vi)in event of any accident, Stevedore and Shore Handling Agent is liable to settle the claim as per the provisions of the Workmen's Compensation Act, (1923);(vii)whenever casual workers are deployed, the Stevedore and Shore Handling Agent shall ensure that such workers are covered by the insurance policy;(viii)if any gear, plant and other property of the Board is damaged in the course of any such operation, the Stevedore and Shore Handling Agent 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 ;(ix)the Stevedore and Shore Handling Agent shall agree to refer any dispute or difference between the licensee and the V. O. Chidambaranar Port Trust as to the payment of compensation, its quantum or any connected question to a single Arbitrator nominated by the Chairman;(x)the arbitration procedure shall be governed by the provisions of the Arbitration and Conciliation Act,1996( 26 of 1996);(xi)the place of arbitration shall be Tuticorin;(xii)the Stevedore and Shore Handling Agent shall submit promptly any information asked for by the Chairman or the Traffic Manager from time to time ;(xiii)the Stevedore and Shore Handling Agent shall pay scheduled charges to Port in advance and in case of dues pending, the License shall not be renewed and liable to be cancelled;(xiv)the Stevedore and Shore Handling Agent shall provide for adequate supervision over the workers employed by the licensee in order to ensure maximum productivity consistent with the requirements of safety;(xv)the Stevedore and Shore Handling Agent shall provide all the necessary gear equipment duly tested for the respective type of cargo ;(xvi)the Stevedore and Shore Handling Agent 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 ;(xvii)the Stevedore and Shore Handling Agent shall provide the workers necessary protective safety appliances appropriate for the type of cargo ;(xviii)the Stevedore and Shore Handling Agent shall ensure that the workers are available at the work site 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 ;(xix)the Stevedore and Shore Handling Agent shall make adequate arrangements for ancillary operations such as filling, stitching and breaking of cargo, stacking of cargo on-board or Shore;(xx)the Stevedore and Shore Handling Agent shall not assign, transfer or in any manner part with any interest or benefit in or under the license to any other person without the prior approval in writing of the Chairman;(xxi)the Stevedore and Shore Handling Agent shall comply with all the instructions a may be issued from time to time by the Traffi Manager in the interest of safety, improved productivity and labour discipline;(xxii)the Stevedore and Shore Handling Agencies shall publish their tariff along with break up on their web sites;(xxiii)the Stevedore and Shore handling agencies should comply with all provisions of labour welfare laws strictly in accordance with the provisions of the laws and the rules, regulations and schemes made hereunder.
