The Dock Workers (Regulation of Employment) Act, 1974

Reproduced verbatim from the official Pakistan Code source PDF. Use Ctrl+F to search within the text below.

                                                    0

     THE DOCK WORKERS (REGULATION OF EMPLOYMENT)
                    ACT, 1974




                                       CONTENTS
1.   Short title, extent and commencement

2.   Definitions

3.   Power to make scheme

4.   [Omitted]

5.   Funds to be handed over to Federal Government, etc.

6.   Recovery of money due

7.   Cognizance of offences

8.   Act to over-ride other laws

9.   Repeal




                                            Page 1 of 4
   THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1974
                                         ACT NO. IX OF 1974

                                                                                       [1st March, 1974]

                     An Act to provide for regulating the employment of dock workers

        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;

       It is hereby enacted as follows:—

       1. Short title, extent and commencement.___(1) This Act may be called the Dock Workers
(Regulation of Employment) Act, 1974.

       (2) It extends to the whole of Pakistan.

       (3) It shall come into force at once.

       2. Definitions.___In this Act, unless there is anything repugnant in the subject or context,—

               (a)       “cargo” means goods and merchandise carried or to be carried on a 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 Act.

       3. Power to make scheme.___(1) The Federal Government may, by notification in the official
Gazette, 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;




                                                Page 2 of 4
                (b)    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)     regulating the recruitment and entry of dock workers into the scheme and their
                       registration including the preparation and 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 and conduct 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 and safeguarding the
                       rights, privileges and interests of dock workers under the scheme;

               (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)     managing the property and funds created for the benefit of dock workers;

               (g)     prohibiting, restricting or otherwise controlling the employment of dock
                       workers to whom the scheme does not apply;

               (h)     the training and welfare of dock workers in so far as satisfactory provision
                       thereof does not exist apart from the scheme;

               (i)     health and safety measures in places where dock workers are employed in so far
                       as satisfactory provision therefor does not exist apart from the scheme;

               (j)     the manner in which, and the person by whom, the cost of operating the scheme
                       is to be defrayed;

               (k)     constituting, whether as a body corporate or otherwise, the authority to be
                       responsible for the administration of the scheme; and

               (l)     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 in no case exceeding two thousand five
hundred rupees in respect of a first contravention or five thousand rupees in respect of any subsequent
contravention, or with both imprisonment and fine as aforesaid.


                                              Page 3 of 4
              4. 1[Omitted]

        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 Act,
be transferred, alongwith 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 Act, spend any amount of such fund and shall be personally liable to make good
any amount so spent.

        (3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall, without
prejudice to any action that may be taken against him under this Act, 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 sub-section (1) or sub-section (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 sub-
section (1).

       7. Cognizance of offences.___(1) No court shall take cognizance of any offence punishable
under this Act or of any abetment thereof except on a report in writing of the facts constituting such
offence or abetment made by an Inspector or a person specially authorised in this behalf by the Federal
Government.

        (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of
1898), an offence punishable under this Act or an abetment thereof shall be triable only by a Magistrate
of the first class.

       8. Act to over-ride other laws.___The provisions of this Act and any scheme prepared
thereunder shall have effect notwithstanding anything to the contrary contained in any other law for
the time being in force.

        9. Repeal.___The Dock Workers (Regulation of Employment) Ordinance, 1973 (XXVIII of
1973), is hereby repealed.


                                                          _____________________




                                                                                                           RGN Date: 29-05-2024
1
    Omitted by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s.3 and Sch. II.




                                                                    Page 4 of 4


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.