Section 6 in The Paradip Port Trust (Licensing of Stevedores) Regulation, 2009
6. Duties and responsibilities of stevedores.
- Every stevedore, shall be subject to the following duties, obligations and responsibilities during the currency of stevedoring licence, namely :-(a)He shall ensure due compliance by all the staff and the workers employed by him during operation of landing and shipping of transshipping goods or work incidental thereto, of the provisions of the Indian Dock Labourers Act, 1964; 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 or Bonus Act, 1965 and rules, regulations and scheme issued thereunder, relating to such operations and for the time being in force.(b)He shall carry out the operations by engaging workers supplied by the port and with the gears owned or hired by him. In case the port is unable to supply the requisite workers against the requisition placed by the stevedore, he will make his own arrangement for this purpose with permission from port.(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 practices in relations to operations performed by him.(e)He shall indemnify the Board against all third party claims arising out of 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 Workmen's Compensation Act, 1923 shall be taken as binding and conclusive between the Board and the Stevedore.(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 appropriate 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, cleaning, breaking, stacking, stowage of cargo, etc. on board the vessels and whenever casual workers are engaged for such operations he should ensure that such workers are covered by the insurance policy.(r)The stevedoring personnel shall be trained in modern methods of cargo handling for improving productivity, efficiency and safety.(s)He shall not assign, transfer or 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 ensure to keep the Security and other Deposits valid during the currency of Stevedoring Licence.(v)He shall pay the scheduled charges to the port in advance.
