Section 5 in The Tuticorin Port Trust (Licensing of Stevedores) Regulations, 2010
5. Duties and responsibilities of stevedore.
- Every stevedore, shall be subject to the following duties, obligations and responsibilities during the currency of stevedoring license issued to him by the Board namely -(a)the Stevedore shall ensure due compliance by all the staff and the workers employed by him during the operation of landing and shipping or transshipping goods or work incidental thereto, of the provisions of the Indian Dock Labourers Act, 1934, the Indian Dock Labourers Regulations, 1948, the Dock Workers (Health and Welfare) Scheme 1961 and notifications issued there under, the Industrial Disputes Act, 1947, the Payment of Bonus Act, 1965 and rules, regulations and schemes issued there under, relating to such operations and for the time being in force;(b)the Stevedore shall under take to provide minimum Equipment/Gear either owned or hired by him;(c)the Stevedore shall be solely responsible for any accident or damage resulting from the use of any gear used by him;(d)the Stevedore shall comply with all accepted safe practices in relation to operations performed by him;(e)the Stevedore shall indemnify the Board against all third party claims arising out of operations performed by him;(f)In event of any accident, stevedore is liable to settle the claim as per the Workmen's Compensation Act;(g)Whenever casual workers are deployed, the stevedore should ensure that such worker are covered by the insurance policy;(h)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;(i)the Stevedore shall agree to refer any dispute or difference between him and the Tuticorin Port Trust as to the payment of compensation. Its quantum or any connected question to an Arbitrator nominated by the Board;(j)the Stevedore shall undertake to employ at least 4 Supervisory personnel with minimum two years of cargo handling/stowage experience. Their profiles have to be enclosed along with the application.(k)the Stevedore shall submit promptly any information asked for by the Chairman or the Traffic Manager from time to time;(l)the Stevedore shall pay scheduled charges to Port/DLBs in advance. In case of dues pending, the License to the firm will not be renewable and liable to be cancelled.(m)the Stevedore shall provide for adequate supervision over the workers employed by in order to ensure maximum productivity consistent with the requirements of safety;(n)the Stevedore shall provide all the necessary gear equipment duly tested for the respective type of cargo;(o)the Stevedore 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;(p)the Stevedore shall provide the workers necessary protective safety appliances appropriate for the type of cargo;(q)the Stevedore 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;(r)the Stevedore shall make adequate arrangements for ancillary operations such as filling, stitching and breaking of cargo, stacking of cargo, stowage of cargo, etc. on board the vessels;(s)In case the Port is unable to supply the requisite workers against the requisition placed by the stevedores, the Port may allow the stevedore to make their own arrangement for this purpose.(t)the Stevedore 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 Federations of Port and Dock Workers, from time to time;(u)the Stevedore 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;(v)the Stevedore 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;
