 the dock workers (regulation of employment) amendment bill, 1961(as introduced in loic sabra on ~ december, 1961) dj,j  the dock workers (regulation of employ- ment) amendment bill, i¢i (as introduced in loe sabra,                                                      a                                                   bill further to amend the dock workers (regulation of employment)                                                act, 1948    be it enacted by parliament in the twelfth year of the republic of india as follows:-       1 (1) this act may be called the dock workers (regulation of short tita   employment) amendment act, 1961                                                                                                         ~~-s        (2) it shall come into force on such date as the central gov-  ernment may, by notification in the official gazette, appoint                         2 in section 2 of the dock workers (regulation of employment) amendment ,of i948                     act, 1948 (hereinafter referred to as the principal act), clause (a) of icctjod 2-                    shall be re-iettered as clause (aa) thereof, and before the clause as                 10 80 re-iettered, the following clause shall be inserted, name1y:-        c (a) ccboard" means a dock labour board established under section 5a;'         3 in section 3 of the principal act,-                                                                                                             & ___  _                                                                                                              niu5i  ent                  (a) in sub-section (1), after the words ccthe registration of oflectiod s-is           dock workers", the words ccand employers" shall be inserted; (b) in sub-section (2) ,-     (i) in clause (c), for the words ccand their registra-tion", the words ccand the registration of dock workers and employers" shall be substituted;     (it) in clause (j), the words ccwhether as a body cor-porate or otherwise" shall be omitted 4 in section 5 of the principal act,-amendmont of iection s (a) for sub-section (2), the following sub-section shall be substituted, namely:-' 10 "(2) the members of the advisory committee shall be appointed by the government and shall be of such number s 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"; (b) sub-section (5) shall be omitted idiel1ion of 5 after section 5 of the pcincipal act the following sections is !rt~ ':tic: shall be inserted, namely:-s· dock laboul ' boards 20 "5a (1) the government, may, by notification in the omcial 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 thp name aforesaid, having perpetual succession and a common leal with power to acquire, hold and dispose of property and to contract and may, by that name sue and be sued 30 (3) every such board shall consist of a chairman and such 2s number of other members as may be 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 panc:tionl of - board (4) the chairman of a board shall be one of the members appointe4 to represent the government, and nominated in this 35 behalf by the government lb (1) a board shall be responsible for administering the scheme for the port or group of ports for which it has been established lnd shall exercise such powers' and perform such functions as may be conferred on it by the scheidel· 40 (2) itt 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 t~ be stated in writing, give to it from time to time 5 5c (1) every board shall maintain proper accounts and ~udca add other relevant records and prepare an annual statement of audit accounts, including a balance-sheet in such form as may be prescribed by rules made under this act [0 (2) the accounts of the board shall be audited annually by the comptroller and auditor general of india or by such othel' 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  is (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 of1\cer of the board 20 (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 out of the funds of the board" 6 after section 6 of the principal act, the following 25 shall be inserted, namely:-sections inaertioa ot new aecdonl after lcction 6 to "6a (1) the government may, at any time, appoint any power person to' investigate or inquire into the working of a board ?rde~ and submit a report to the government mqwj")' (2) the board shall give to the person so appofuted 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 68 (1) if, on consideration of the report undet section 6a power to or otherwise, the government is of opinion-=~e a 35 (0) 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 disclaarge 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 5 notification: provided that before issuing a notification under this subsection 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 con- 10 sider the explanations and objections, if any, of the board (2) upon the publication of a notification under sub-section (1)-(4) all the members of the board shall as from the date of such publication, vacate their offices as such mem- 15 bers; , (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; 20 (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 govern- 25 ment may-(4) 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 5-a 30 6c no act or proceeding 'of a board or the advisory committee shall be invalid merely by reason of-(4) any vacancy in, or any defect in the constitution of the board or the advisory committee or acts or pr0-ceeding of board and advilory committee dot to be innlidated (b) any defect in the appointment of a person acting 3' 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 caae", , after section , of the principal act, the following sections inaerdon 0( ahall be inserted, namely:-pew icction attu tection 7· "8 (1) the government may, by notification in the official gazette, p~r i to k ul  ff ma  ru c •• ma e r es to glve e ect to the provisions of this act s (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for-10 (a) the composition 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 ad· visory committee: (c) the meetings of a board and the advisory com· mittee, the quorum for such meetings and the conduct of business thereat; is (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 20 a board or the advisory committee; (1) the disqualifications for membership of a board: (g) the form in which a board shall prepare its annual statement of accounts and the balancesheet 30 (3) every rule made under this section 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 successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the 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 rule 3' 9 every dock labour board established for a port or a group of smlll ports before the commencement of the dock workers (regulation of employment) amendment act, 1961 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" of and ~  statement of objects and reasonssection 3 of the dock workers (regulation of employment) act, 1948 provides fer framing a scheme for the registration of dock workers with a view to ensuring greater regularity of employment and for regulating the employment of dock workers clause h) of sub-section (2) of that section provides that a scheme itself may constitute an authority which may be a body corporate for the administration of the scheme it is proposed that the act itself should contain provisions for the setting up of autonomous dock labour boards for the administration of schemes framed under the act for a port or a group of ports the bill makes such a provision the bill further provides for the audit of accounts of dock labour boards for the issue of directions by government to the boards for inquiry into the working of the boards and for ~heir supersession in certain contingencies 2 section 3(2) (c) of the· act provides for the registration of dock workers and fer the imposition of a registration fee it is proposed to provide for the registration of employers as well and for the imposition of a registration fee in respect of them !~, 3 section 5 (2) of the act provides for an advisory committee consisting of not more than 15 members it is considered necessary that all the dock labour boards should have representation on the advisory committ~e and that shipping companies should also have representation on the- advisory committee the number of members of the advisory committee has to be determined by taking into account all the relevant factors and it is proposed that the statutcry restriction with regard to the number of members should be removed it is accordingly proposed to amend section 5 of the act to provide for all these matters 4 opportunity has been taken to make certain other fonnal and consequential amel'ldments in ,the act new delhi; g l nanda  the 27th november, 1961 :',}  memorandum regarding delegated legislationclause 7 of the bill inserts a new section 8 in the act which empowers the govemment to make rules the rule making power is restricted to such matters as the composition of the advisory committee and the dock labour boards, the term of office of members of a dock labour board and the advisory committee, the meetings of a board and the advisory committee, the allowances payable to members of a board or the advisory committee, etc the delegation of power is of a normal character  annexureextracts from the dock workers (regulation of employmbnt) act, 1948 (9 of 1948) " " " - - 3 (1) provision may be made by a scheme for the registration sche for of dock workers with a view to ensuring greater regularity of ~:~idl rek k ,  eaemployment and for regulating the employment of doc wor ers, plojsdeat f whether registered or not, in a port workers (2) in particular, a scheme may provide-" " - - - (c) for regulating the recruitment and entry into the scheme of dock workers, and their registration, including the maintenance of registers, the removal, either temporarily or permanently, of names from the registers and the impoeition fif fees for registration; " - " - " (i) for constituting, whether as a body corporate or otherwise, the authority to be responsible for the administration of the scheme; " - - - -  5 (1)- " " - " (2) the members of the advisory committee shall lie appointed by the government, and shall be of such number (not exceeding fifteen) and chosen in such manner as may be prescribed by rules made under sub-section (5): provided that the advisory committee shall include an equal number of members representing-(i) the government, (ii) the dock workers, (iii) the employers of dock workers " " " " - 9 1441(b) ls-a (5) the government may, by notification in the ofbcial oazette, make rules to provide for-(a) the composition of the advisory committee; (b) the manner in which its members shall -be chosen; (c) the term of office of its members; (d) the allowances, if any, payable to the members of the ,committee; , (e) the manner in which the committee shall conduct its business, including the number of members to be present at a meeting thereof in order to constitute a quorum  - - - - - a bill further to amend the dock workers (regulation of employment) act, 1948 (shri gulzarilal narum, minister of labour and employment) 