Updated: Saturday January 18, 2014/AsSabt
Rabi' Awwal 17, 1435/Sanivara
Pausa 28, 1935, at 07:25:06 PM
The Dock Workers (Regulation of Employment) Ordinance,
1973
An Ordinance to provide for regulating the employment
of dock workers
[Gazette of
No. F. 24(1)/73‑Pub:‑The following
Ordinance made by the President on the 27th October 1973 Is hereby published
for general information.
Whereas it is expedient to provide for regulating the
employment of dock workers to ensure efficient performance of dock work,
expeditious and economic turn round of ships and vessels and speedy transit of
goods through the port;
And whereas the National Assembly is not in session
and the President is satisfied that circumstances exist which render it
necessary to take Immediate action;
Now, therefore, in exercise of the power conferred by
clause (1) of Article 89 of the Constitution of the Islamic Republic of
Pakistan, the President is pleased to make and promulgate the following
Ordinance:‑--
1. Short title, extent and commencement.‑ (1) This
Ordinance may be called the Dock Workers (Regulation of Employment) Ordinance,
1973.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or
context,‑--
(a) “cargo”
means goods and merchandise carried or to be carried on ship or other vessel;
(b) “dock worker” means a person employed or to be
employed in any port on loading or unloading of ships or other vessels or on
work in connection therewith;
(c) “employer” In relation to a dock worker, means the
person by whom a dock worker is employed or is to be employed; and
(d) “scheme” means a scheme made under this Ordinance.
3. Power to make scheme.‑(1) The
Federal Government may make a scheme for the registration of dock workers with
a view to ensuring greater regularity of employment and for efficient and
economic turn‑round of ships and vessels.
(2) In particular and without prejudice to the
generality of the foregoing power, such scheme may provide for,---
(a) the application of the scheme to such classes of
dock workers and employers as may be specified therein;
(b) defining the obligations of deck workers and
employers subject to the fulfillment 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) regulating the recruitment and entry of dock
workers Into the scheme and their registration, including the maintenance of
registers, the removal, either temporarily or permanently, of names from the
register and the imposition of fees for registration;
(d) regulating the employment of dock workers 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) 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 ) prohibiting, restricting or otherwise controlling the employment of dock workers to
whom the scheme does not apply;
(g) the training and welfare of dock workers in so far
as satisfactory provision thereof does not exist apart from the scheme;
(h) health and safety measures in places where dock
workers are employed in so far as satisfactory provision therefore does not
exist apart from the scheme;
(i) the manner in which, and the person by whom, the
cost of operating the scheme is to be defrayed;
(j) constituting, whether as a body corporate or
otherwise, the authority to be responsible for the administration of the
scheme; and
(k) such incidental and supplementary matters as may
be necessary or expedient for the purpose of the scheme.
(3) A scheme shall apply to such port or group of
ports as the Federal Government may, by notification In the official Gazette,
specify in this behalf.
(4) 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 six months in respect of a first
contravention or one year in respect of any subsequent contravention, or with
fine which may extend to such amount as may be specified but !n no case exceeding
two thousand five hundred rupees !n respect of a first contravention or five
thousand rupees in respect of any subsequent contravention, or with both
Imprisonment and fine as aforesaid.
4. Inspectors.‑ (1) The
Federal Government may, by notification in the official Gazette, appoint such
person or persons at it thinks fit to be Inspector or Inspectors for the
purpose of this Ordinance at such port or ports as may be specified in the
notification.
(2) Every Inspector shall be deemed to be a public
servant within the meaning of the Pakistan Penal Code (Act XLV 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 or were employed;
(b) require any authority or person to produce any
document relating to the dock workers.
5. Funds to be handed over to Federal Government, etc.‑(1) Notwithstanding
anything to the contrary contained in any other law or in any memorandum of
settlement or award, all funds created for the benefit of the dock
workers in any manner whatsoever and under the control or management of any
person, board or organisation or committee shall, Immediately on the
commencement of this Ordinance, be transferred, along with all records and
accounts. to the Federal Government or to such other body as the Federal
Government may, by notification in the official Gazette, specify in this
behalf.
(2) The person or persons in control or management of
any such fund shall not, after the commencement of this ordinance, spend any
amount of such fund and shall be personally liable to make good any amount so
spent.
(3) Whoever contravenes the provisions of subsection
(1) or sub, section (2) shall, without prejudice to any action that may be
taken against him under this Ordinance, be punishable with imprisonment for a
term which may extend to two years, or with fine which may extend to five
thousand rupees, or with both.
6. Recovery of money due.‑Any money due from any person, board,
organisation or committee under subsection (1) or subsection (2) of section 5 shall be recoverable as an arrear of
land revenue on the request of the body nominated by the Federal Government
under the said subsection (1).
7. Cognizance of offences.‑
(2) Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898), an offence punishable under this
Ordinance or an abetment thereof shall be triable only by a Magistrate of the
first class.
8. Ordinance
to override other laws.‑The
provisions of this Ordinance rind any scheme prepared thereunder shall have
effect notwithstanding anything to the contrary contained in any other law for
the time being in force.
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