Ministry of Shipping
The Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997, was enacted to remove the application of the Dock Workers (Regulation of Employment) Act, 1948, to major ports in India. This change was contingent upon a settlement being reached between the existing Dock Labour Board, the dock workers, and the management of the major port trust. The rationale behind this Act was likely to streamline port operations and consolidate labor management under the port trusts. This Act falls under the Ministry of Ports, Shipping and Waterways.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on August 18, 1997, and came into force on January 5, 1998. It consists of four sections and no formally defined chapters.
Act Governed By:
The Act is governed by the Central Government, which has the power to direct the inapplicability of the 1948 Act to major ports after the necessary settlement is reached. The respective port trust boards then assume the responsibilities previously held by the Dock Labour Boards.
On Whom It Is Applicable:
The Act applies to dock workers and their employers in major ports in India. It affects their employment conditions and the management of dock work within these ports.
Penalties/Punishments:
The Act itself does not specify penalties. However, it deals with the transfer of assets and liabilities, implying that existing liabilities of the Dock Labour Board would be transferred to the port trust board.
Important Pointers:
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Makes the Dock Workers (Regulation of Employment) Act, 1948, inapplicable to major ports after a settlement is reached.
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Transfers all assets, liabilities, contracts, and pending legal proceedings of the Dock Labour Board to the respective port trust board.
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Ensures that existing employees and workers of the Dock Labour Board continue their service under the port trust board with no less favorable terms and conditions.
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Protects employees from being entitled to compensation due to the transfer of service.