Abstract Of Dock Workers (Safety, Health And Welfare) Act, 1986
(See Regulation 113)
- The appropriate Government may by notification in the Official Gazette, against such person as it thinks fit to be the Chief Inspector of Dock Safety and such persons as it thinks fit to be Inspectors subordinate to the Chief Inspector for the purposes of this Act at such ports as may be specified in the notification.
- The Chief Inspector shall also exercise the powers of all Inspector.
- The Chief Inspector and all the Inspector's shall be deemed to be public servants within the meaning of the Indian Penal Code.
4. An Inspector may at any port for which he is appointed.
- enter with such assistance (if any) as he thinks fit, any ship, dock, warehouse or other premises, where any dock work is being carried on, or where he has reason to believe that any dock work is being carried on;
- make examination of the ship, dock, lifting machinery. cargo gear. stagings, transport equipment, warehouses or other premises used or to be used, for any dock work; .
- require the production of any register, muster roll or other document relating to the employment of dock workers and examine such document;
- take on the spot or otherwise such evidence of any person which he may deem necessary:
PROVIDED THAT no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself;
- take copies of registers, records or other documents or portions thereof as he may consider relevant in. respect of any offence which he has reason to believe has been committed or for the purpose of any inquiry;
- take photograph. sketch, sample. measure or record as he may consider necessary for the purpose of any examination or inquiry:
- hold an inquiry into the cause of any accident which he has reason to believe was the result of the collapse or failure of lifting machinery. transport equipment. staging or non-compliance with any of the provisions of this Act or the regulations;
- issue show-cause notice relating to the safety. health and welfare provisions arising under this Act or the regulations;
- prosecute. conduct or defend before any Court any complaint or other proceeding arising under this Act or the regulations:
- exercise such other powers as. may be conferred upon him by the regulations.
5. If it appears to an Inspector that any place at which any dock work is being carried on is in such a condition that it is dangerous to life, safety or health of dock workers. he may. in writing. serve on the owner or on the person in charge of such place an order prohibiting any dock work in such place until measures have been taken to remove the cause of the danger to his satisfaction.
6. The owner or the person in charge of the place at which any dock work is being carried on. shall afford the Chief Inspector or the Inspector all reasonable facilities for making any entry. inspection. survey. measurement. examination or inquiry under this Act or regulations.
13. No suit. prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or Intended to be done under this Act.
- Wilfully obstructs an Inspector in exercise of any power conferred by or under this Act or fails to produce on demand by an Inspector any register or other documents kept in pursuance of the regulations or otherwise in connection with any dock work or conceals or prevents ,or attempts to prevent any person from appearing before. of being examined by. an Inspector; or
- unless duly authorised or in case of necessity. removes any fencing. gangway. gear. ladder. lifesaving. means or appliance. light. mark. stage or other thing required to be provided by or under. the regulations; or
- having in case of necessity removed any such fencing. gangway. gear. ladder. life-saving means or appliance. fight. mark. stage or other things. omits to restore it at the end of the period for which its removal was necessary:
shall be punishable with imprisonment for a term which may extend to six months. or with fine which may extend to five thousand rupees. or with both.
- If any person. being a person whose duty is to comply with any of the regulations. contravenes such regulations and such contravention results
- in any fatal accident to a dock worker. or
- an accident which incapacitates a dock worker from earning his full wages for more than a fortnight. such person shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than two thousand rupees in case falling under. Cl. (a) and five hundred rupees in a case falling under Cl. (b) but which may extend. in either case. to five thousand rupees. or with both. and the Court may order the whole or part of the fine to be paid to the dependant of the deceased dock worker or. as the case may be. to the injured dock worker.
Explanation.:- The provisions of this sub-section shall be in addition to any provisions which may be made under sub-section (4) of Sec. 21