Section 8 in The Dock Workers (Regulation Of Employment) Act, 1948
8.
/444Statement of Objects and Reasons.-The demand for dock labour is intermittent depending on the arrival and departure of vessels, the size and nature of their cargo as well as seasonal and cyclical fluctuations. In the ports, therefore, there is usually labour in excess of minimum requirements and the general tendency on the part of employers is to ensure larger reserves than necessary in order to provide ample margin against emergencies. The main problem connected with dock labour is to devise measures so as to reduce the hardship due to unemployment or underemployment to the utmost extent possible. The Royal Commission on Labour recommended as far back as 1931 that a policy of decasualisation should be adopted with a view "to regulate the numbers of dock labourers in accordance with requirements and to ensure that the distribution of employment depends not on the caprice of intermediaries, but on a system which, as far as possible, gives all efficient men an equal share". Government had accepted the recommendation and efforts were made to induce Port Trusts to formulate necessary schemes of decasualisation. The voluntary attempt was not, however, a success and a scheme for compulsory registration was formulated in 1939 but was not proceeded with due to the outbreak of war.Although the operation of certain measures introduced during the war, such as rationing and organised distribution of food supplies, facilitated the registration of labour at major ports, the problem, in the main, has remained unsolved. It is now proposed to undertake legislation giving power to the Central Government in respect of major ports and to the Provincial Government in respect of other ports, to frame a scheme for the registration of dock workers with a view to securing greater regularity of employment and for regulating the employment of dock workers, whether registered or not, in a port. In particular, the scheme may provide inter alia for the terms and conditions of employment of workers, whether registered or not, including rates of remuneration, hours of work and conditions as to paid holidays. It may also provide for payment to registered workers of minimum pay for days on which work may not be available to them and for their training and welfare.Provision is also made in the Bill for the constitution if an Advisory Committee consisting of not more than 15 members representing the Government, the dock workers and the employers of dock workers in equal proportion. In the framing and administration of the schemes the appropriate Government will take the advice of the Committee.Amendment Act 49 of 1980-Statement of Objects and Reasons.-The Dock Workers (Regulation of Employment) Act, 1948 does not contain any express provision authorising the Dock Labour Boards established thereunder to create funds and administer them for the welfare of dock workers and other purposes. The Committee on Subordinate Legislation of the Fifth Lok Sabha in its Twelfth Report recommended that the Act may be amended so as to provide therein an express provision for the aforesaid purpose. As the Dock Labour Board are already maintaining such funds for the purpose of administering Dock Workers (Regulation of Employment) Schemes, it is proposed to regularise such funds and also to authorise the Dock Labour Boards to create 'such funds in future.2. As recommended by the Committee on Subordinate Legislation of the Sixth Lok Sabha in its Seventh Report, it is also proposed to make a provision in the Act for laying of schemes framed thereunder before Parliament. Opportunity is being taken to bring the rule laying provision in conformity with the recommendation of the Committee on Subordinate Legislation.3. The Bill seeks to achieve the above objects.Amendment Act 56 of 1988-Statement of Objects and Reasons.-In 1984, the Committee on Papers laid on the Table (Seventh Lok Sabha) recommended that the annual reports and audited accounts of all the Dock Labour Boards should be placed on the Table of the House alongwvith a Review of Government within nine months of the close of accounting year and also recommended that, if necessary, an amendment of the Dock Workers (Regulation of Employment) Act, 1948 or the rules, if any, may also be carried out to this effect. The Bill is for amending the Dock Workers (Regulation of Employment) Act, 1948 so as to provide-(i) that the Dock Labour Boards shall submit their annual reports to the Government (There is already provision in the Act for submitting the audited accounts to the Government); and(ii) for the laying of annual reports and the audited accounts on the Table of the Houses of Parliament or the State Legislature, as the case may be.2. The Bill seeks to achieve the above objects.[4th March, 1948]An Act to provide for regulating the employment of dock workers.Whereas it is expedient to provide for regulating the employment of dock workers;It is hereby enacted as follows:-
