1. Short title and extent.—(1) This Act may be called the Dock Workers (Regulation of
Employment) Act, 1948.
(2) It extends to the whole of India 2
[except the State of Jammu and Kashmir*].
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context, —
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[(a) “Board” means a Dock Labour Board established under section 5A;]
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[(aa) “cargo” includes anything carried or to be carried in a ship or other vessel;]
(b) “dock worker” means a person employed or to be employed in, or in the vicinity of, any port
on work in connection with the loading, unloading, movement or storage of cargoes, or work in
connection with the preparation of ships or other vessels for the receipt or discharge of cargoes or
leaving port;
(c) “employer”, in relation to a dock worker, means the person by whom he is employed or to be
employed as aforesaid;
(d) “Government” means, in relation to any major port, the Central Government and, in relation
to any other port, the State Government;
(e) “scheme” means a scheme made under this Act.
3. Scheme for ensuring regular employment of workers.—(1) Provision may be made by a
scheme for the registration of dock workers 5
[and employers] with a view to ensuring greater regularity
of employment and for regulating the employment of dock workers, whether registered or not, in a port.
(2) In particular, a scheme may provide—
(a) for the application of the scheme to such classes of dock workers and employers as may be
specified therein;
(b) for defining the obligations of dock workers and employers subject to the fulfilment of which
the scheme may apply to them and the circumstances in which the scheme shall cease to apply to any
dock workers or employers;
(c) for regulating the recruitment and entry into the scheme of dock workers, 6
[and the
registration of dock workers and employers], including the maintenance of registers, the removal
either temporarily or permanently, of names from the registers and the imposition of fees for
registration;
1. The Act has been extended to Pondicherry by Reg. 7 of 1963, s. 3 and Schedule 1; to Goa, Daman and Diu by notification No.
G.S.R. 1850, dated 30-12-1964, Gazette of India, Extraordinary, Part II, s. 3 (i), and to the whole of Union territory of
Lakshadweep by reg. 8 of 1965, s. 3 and the Schedule.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except part B States”
3. Ins. by Act 8 of 1962, s. 2 (w.e.f. 1-6-1962).
4. Clause (a) re-lettered as clause (aa) by s. 2, ibid, (w.e.f. 1-6-1962).
5. Ins. by s. 3, ibid. (w.e.f. 1-6-1962).
6. Subs. by s. 3, ibid., for “and their registration” (w.e.f. 1-6-1962).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
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(d) for regulating the employment of dock workers, whether registered or not, and the terms and
conditions of such employment, including rates of remuneration, hours of work and conditions as to
holidays and pay in respect thereof;
(e) for securing that, in respect of periods during which employment, or full employment, is not
available for dock workers to whom the scheme applies and who are available for work, such workers
will, subject to the conditions of the scheme, receive a minimum pay;
(f) for prohibiting, restricting or otherwise controlling the employment of dock workers to whom
the scheme does not apply and the employment of dock workers by employers to whom the scheme
does not apply;
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[(ff) for creating such fund or funds as may be necessary or expedient for the purposes of the
scheme and for the administration of such fund or funds;]
(g) for the training 2
*** of dock workers, in so far as satisfactory provision therefore does not
exist apart from the scheme;
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[(gg) for the welfare of the officers and other staff of the Board;]
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(i) for the manner in which, and the persons by whom, the cost of operating the scheme is to be
defrayed;
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[(j) for constituting 6
*** the authority to be responsible for the administration of the scheme;]
(k) for such incidental and supplementary matters as may necessary or expedient for the purposes
of the scheme.
(3) A scheme may further provide that a contravention of any provision thereof shall be punishable
with imprisonment for such term as may be specified but in no case exceeding three months in respect of
a first contravention or six months in respect of any subsequent contravention, or with fine which may
extend to such amount as may be specified but in no case exceeding five hundred rupees in respect of a
first contravention or one thousand rupees in respect of any subsequent contravention, or with both
imprisonment and fine as aforesaid.
4. Making, variation and revocation of schemes. —(1) The Government may, by notification in the
Official Gazette and subject to the condition of previous publication, make one or more schemes for a
port or group of ports, and may in the like manner and subject to the like condition add to, amend, vary or
revoke any scheme made by it.
(2) The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897), shall apply to the
exercise of a power given by sub-section (1) as they apply to the exercise of a power given by a Central
Act to make rules subject to the condition of previous publication.
1. Ins. by Act 8 of 1962, s. 3 (w.e.f. 1-6-1962).
2. The words “and welfare” omitted by Act 54 of 1986, s. 23 (w.e.f. 15-4-1987).
3. Ins. by Act 31 of 1970, s. 2
4. Omitted by Act 54 of 1986, s. 23 (w.e.f. 15-4-1987).
5. Subs. by Act 29 of 1949, s. 2, for clause (j).
6. The words “whether as a body corporate or otherwise” omitted by Act 8 of 1962, s. 3 (w.e.f. 1-6-1962).
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(3) The Government may direct the port authority of any port to prepare, in accordance with such
instructions as may from time to time be given to it, one or more draft schemes for the port, and the port
authority shall comply with such direction.
5. Advisory Committees.—(1) The Government may, or if it decides to make any scheme under
section 4, shall, constitute an Advisory Committee, to advise upon such matters arising out of the
administration of this Act or any scheme made thereunder as the Government may refer to it for advice.
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[(2) The members of the Advisory Committee shall be appointed by the Government and shall be of
such number and chosen in such manner as may be prescribed by rules made under this Act:
Provided that the Advisory Committee shall include an equal number of members representing—
(i) the Government,
(ii) the dock workers, and
(iii) the employers of dock workers, and shipping companies.]
(3) The Chairman of the Advisory Committee shall be one of the members appointed to represent the
Government, nominated in this behalf by the Government.
(4) The Government shall publish in the Official Gazette the names of all members of the Advisory
Committee.
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[5A. Dock Labour Boards.—(1) The Government may, by notification in the Official Gazette,
establish a Dock Labour Board for a port or group of ports to be known by such name as may be specified
in the notification.
(2) Every such Board shall be a body corporate with the name aforesaid, having perpetual succession
and a common seal with power to acquire, hold and dispose of property and to contract and may, by that
name, sue and be sued.
(3) Every such Board shall consist of a Chairman and such number of other members as may he
appointed by the Government:
Provided that every such Board shall include an equal number of members representing—
(i) the Government,
(ii) the dock workers, and
(iii) the employers of dock workers, and shipping companies.
(4) The Chairman of a Board shall be one of the members appointed to represent the Government,
and nominated in this behalf by the Government.
5B. Functions of a Board.—(1) A Board shall be responsible for administering the scheme for the
port or group of ports for which it has been established and shall exercise such powers and perform such
functions as may be conferred on it by the scheme.
1. Subs. by Act 8 of 1962, s. 4, for sub-section (2) (w.e.f. 1-6-1962).
2. Omitted by s. 4, ibid. (w.e.f. 1-6-1962).
3. Ins. by s. 5, ibid. (w.e.f. 1-6-1962).
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(2) In the exercise of its powers and the discharge of its functions, a Board shall be bound by such
directions as the Government may, for reasons to be stated in writing, give to it from time to time.
5C. Accounts and audit.—(1) Every Board shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts, including a balance-sheet in such form as may be
prescribed by rules made under this Act.
(2) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of
India or by such other auditors qualified to act as auditors of companies under the law for the time being
in force relating to companies, as the Government may appoint.
(3) The auditors shall, at all reasonable times, have access to the books of accounts and other
documents of the Board and may, for the purposes of the audit, call for such explanation and information
as they may require or examine any member or officer of the Board.
(4) The auditors shall forward to the Government a copy of their report together with an audited copy
of the accounts of the Board.
(5) The cost of the audit as determined by the Government shall be paid GUI of the funds of the
Board.]
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[5D. Annual report.—Every Board shall prepare, in such form and at such time in each financial
year as may be specified by rules made under this Act, its annual report, giving full accounts of its
activities during the previous financial year, and submit a copy thereof to the Government.
5E. Annual report and audited accounts, to be laid before Parliament or Legislature.—The
annual report, and the audited accounts of the Board, together with auditor's report thereon and a review
by the Government on the working of the Board, shall, within a period of nine months of the close of the
financial year, be laid before each House of Parliament, if such report and accounts have been submitted
to the Central Government, and before the Legislature of the State, if such report and accounts have been
submitted to the State Government:
Provided that where such report, accounts and the review are not laid before Parliament or, as the
case may be, before the Legislature of the State within the said period, the same shall be so laid thereafter
along with the reasons for the delay.]
6. Inspectors.—(1) The Government may, by notification in the Official Gazette, appoint such
persons as it thinks fit to be Inspectors for the purposes of this Act at such ports as may be specified in the
notification.
(2) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal
Code (45 of 1860).
(3) An Inspector may, at any port for which he is appointed,—
(a) enter, with such assistance (if any) as he thinks fit, any premises or vessel where dock workers
are employed;
(b) require any authority or person to produce any register, muster-roll or other document relating
to the employment of dock workers, and examine such document;
(c) take on the spot or otherwise the evidence of any person for the purpose of ascertaining
whether the provisions of any scheme made for the port are, or have been, complied with.
1. Ins. by Act 56 of 1988, s. 2.
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(4) The Government may, by notification in the Official Gazette, prescribed the manner in which and
the persons by whom complaints regarding contravention of any provision of a scheme may be made to
an Inspector and the duties of the Inspector in relation to such complaints.
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[6A. Power to order inquiry.—(1) The Government may, at any time, appoint any person to
investigate or inquire into the working of a Board and submit a report to the Government.
(2) The Board shall give to the person so appointed all facilities for the proper conduct of the
investigation or inquiry and furnish to him such documents, accounts or information in the possession of
the Board as he may require.
6B. Power to supersede a Board.—(1) If, on consideration of the report under section 6A or
otherwise, the Government is of opinion—
(a) that, on account of a grave emergency, a Board is unable to perform its functions, or
(b) that a Board has persistently made default in the discharge of its functions or has exceeded or
abused its powers,
the Government may, by notification in the Official Gazette, supersede the Board for such period as may
be specified in the notification:
Provided that, before issuing a notification under this sub-section on any of the grounds mentioned in
clause (b), the Government shall give a reasonable opportunity to the Board to show cause why it should
not be superseded and shall consider the explanations and objections, if any, of the Board.
(2) Upon the publication of a notification under sub-section (1),—
(a) all the members of the Board shall, as from the date of such publication, vacate their offices as
such members;
(b) all the powers and functions which may be exercised or performed by the Board shall, during
the period of supersession, be exercised or performed by such person as may be specified in the
notification;
(c) all funds and other property vested in the Board shall, during the period of supersession, vest
in the Government.
(3) On the expiration of the period of supersession specified in the notification issued under
sub-section (1), the Government may—
(a) extend the period of supersession for such further period as it may consider necessary; or
(b) re-establish the Board in the manner provided in section 5A.
6C. Acts or proceeding of Board and Advisory Committee not to be invalidated.—No act or
proceeding of a Board or the Advisory Committee shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Board or the Advisory Committee, or
(b) any defect in the appointment of a person acting as a member of the Board or the Advisory
Committee, or
(c) any irregularity in the procedure of the Board or the Advisory Committee not affecting the
merits of the case.]
1. Ins. by Act 8 of 1962, s. 6 (w.e.f. 1-6-1962).
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7. Cognizance of offences.—(1) No Court shall take cognizance of any offence made punishable by
a scheme or of any abetment thereof, except on a report in writing of the facts constituting such offence or
abetment made by an Inspector or by a person specially authorised in this behalf by the Government.
(2) Notwithstanding anything contained in the Code of Criminal Procedure 18981
(5 of 1898), an
offence made punishable by a scheme or an abetment thereof shall be triable only by a Presidency
Magistrate or a Magistrate of the first class.
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[7A. Offences by companies.—(1) If the person committing an offence made punishable by a
scheme or any abetment thereof is a company, every person who, at the time the offence or abetment was
committed, was in charge of, and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence or abetment and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence or abetment was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence or abetment.
(2) Notwithstanding anything contained in sub-section (1), where an offence made punishable by a
scheme or any abetment thereof has been committed by a company and it is proved that the offence or
abetment has been committed with the consent or connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer of the company, such director, manager, secretary
or other officer shall also be deemed to be guilty of that offence or abetment and shall be liable to be
proceeded against and punished accordingly.
Explanation. —For the purposes of this section,—
(a) “company” means any body corporate and includes a firm and other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.]
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[8. Power to make rules.—(1) The Government may, by notification in the Official Gazette, make
rules to give effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the forgoing power, such rules may provide
for—
(a) the compositions of the Advisory Committee and Boards and the manner in which members
of the Advisory Committee and the Boards shall be chosen;
(b) the term of office of, and the manner of filling casual vacancies among, the members of a
Board or the Advisory Committee;
(c) the meetings of a Board and the Advisory Committee, the quorum for such meetings and the
conduct of business thereat;
(d) the conditions subject to which, and the mode in which, contracts may be entered into by or
on behalf of a Board;
(e) the allowances, if any, payable, to the members of a Board or the Advisory Committee;
(f) the disqualifications for membership of a Board;
1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
2. Ins. by Act 31 of 1970, s. 3.
3. Ins. by Act 8 of 1962, s. 7 (w.e.f. 1-6-1962).
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(g) the form in which a Board shall prepare its annual statement of accounts and the
balance- sheet.
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[8A. Schemes and rules to be laid before Parliament.— Every scheme and every rule made under
this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any modification in the scheme
or rule or both Houses agree that the scheme or rule should not be made, the scheme or rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that scheme or rule.]
9. Saving.— Every Dock Labour Board established for a port or a group of ports before the
commencement of the Dock Workers (Regulation of Employment) Amendment Act, 1962 (8 of 1962),
under a scheme made under section 4, and functioning as such immediately before such commencement
shall be deemed to be a Board established under section 5A and, accordingly, all the provisions of this
Act shall apply to every such Board.]