Section 8 in New Mangalore Part Trust (Licensing of Stevedores) Regulation 2009
8. 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 them by the Port to ensure safe and efficient handling as per Stevedoring license regulations, keeping in view of the following basic criteria :-(a)He shall ensure, due compliance by all the staff and the workers employed by him during the operation of landing and shipping or transshipping goods of work incidental thereto, of the provisions of the Indian Dock Laborers' Act, 1934, the Indian Dock workers Regulation, of Employment Act 1948, along with Rules, 1962, the Dock Workers (Safety, Health and Welfare) Scheme, 1961 and Notifications issued there under the Industrial Disputes Act, 1947, the payment of Bonus Act 1965 with rules 1975 and other rules & regulation schemes applicable to such Stevedoring operations and for the time being in force and as per the Amendments in future.(b)He shall carry out the operation with his own gear arranged 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 operations performed by him;(e)He shall indemnity the Port against all third party claims arising out of operations performed by him;(f)Whenever the Port has to pay compensations to any of its employees or workers or his dependents under the provisions of the Workmen's compensation Act 1923 and during the course of work performed for a stevedore or any employee or worker employed by the Stevedores, for the such work, the stevedore shall reimburse the Port any sum so paid, and for such purpose the amount 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 Port is damaged in the course of any such operation the stevedore shall compensate the Port for such loss or damage, 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 New Mangalore 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 under taken the stevedoring operations;(j)He shall submit proper information asked for by the Chairman or the Traffic Manager 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 suspension/ 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 certificate for inspection periodically or whenever demanded by the Dy. Director of 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 falls below normal;(q)He shall make adequate arrangement for ancillary operations such as filling, stitching and breaking of cargo, stacking of cargo, stowage of cargo, etc on board the vessel;(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 Federations of Port Trust 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 without the prior approval in writing to the Chairman;(t)He shall comply with such instructions as may be issued from time by time by the Traffic Manager in the Interest of safety, improved productivity and labour discipline;(u)He shall pay scheduled, charges to the Port in advance.
