Section 6 in The Kandla Port Trust (Licensing of Stevedores) Regulation, 2010
6. Duties and responsibilities of stevedore.
- Every stevedore, shall have the following duties. Obligations and responsibilities during the currency of stevedoring licence issued to him by the Chairman, namely:(a)He shall ensure due compliance by all the staff and the workers employed by him during the operation of landing and shipping of transhipping, goods or work incidental there of the provisions of the Indian Dock Labourers Act, 1934 the Indian Dock Labourers Regulation, 1948. The Dock Workers (Safety, Health and Welfare) Scheme, 1961 and notification issued thereunder, the Industrial Disputes Act, 1947, the payment at Bonus Act, 1965, the Payment of Wages Act, Minimum Wages Act 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 with gear owned or hired by him.(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 relation to operation 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 compensation to any of its employees or workmen or his dependents under the provisions of the Workmen's Compensation Act or any other law for the time being in force, in consequence of any accident arising out of and/or during the course of work performed by a Stevedore or any employee1s or worker/s for the time being or employed under the stevedore the stevedore shall reimburse the Board any sum so paid. For such purpose, the amount of the compensation as determined under the Workmen's Compensation Act or any other law for the time being in force, shall be taken as binding and conclusive as between the Board and the Stevedores,(g)If any gear, plant or 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 such compensation being decided by the Chairman or the officer authorized by him after carrying out a proper enquiry.(h)He shall agree to refer any dispute or difference between him and the Kandla Port Trust as to the payment of compensation its quantum or any connected questions to an Arbitrator nominated by the Chairman.(i)He shall be responsible to employ at least on experienced person to supervise every vessel in respect to which he has undertaken the stevedoring operations.(j)He shall submit promptly any information asked for by the Chairman or the Traffic Manager from time to time.(k)He shall ensure that all the dues of Board are paid in advance. Failing which his Licence shall not be renewed and be liable to be cancelled under these regulation,.(l)He shall provide for adequate supervision over the workers employed by him in order to ensure that maximum productivity is ensured consistent with requirements of safety.(m)He shall provide all the necessary gear, equipment, duly tested and found suitable for the various types of cargoes.(n)He shall product the gear equipment with necessary annealing and test certificates, for inspection periodically or whenever demanded by the Inspector, Dock Safety or the Traffic Manager.(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 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 and shall falls below normal.(q)He shall make adequate at arrangements for ancillary operation such as filling, stitching and breaking of cargo, stacking of cargo, stowage of cargo etc. on board vessels.(r)He shall undertake to pay to workers engaged by him wages in accordance with the terms of wage settlement arrived at between the Central Government and the Federation of Port and Dock Workers from time to time.(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.(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)Whenever casual workers, are deployed, the stevedore should ensure that such worker are covered by the insurance policy.(v)Stevedore shall pay charges to Port in advance as applicable from time to time.(w)The stevedore may deploy adequate supervisory personnel per vessel.
