The Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997
# THE DOCK WORKERS (REGULATION OF EMPLOYMENT) (INAPPLICABILITY
 TO MAJOR PORTS) ACT, 1997
 _________

 ARRANGEMENT OF SECTIONS
 __________

SECTIONS

1. Short title and commencement.
2. Definitions.
3. Inapplicability of the provisions of the Dock Workers (Regulation of Employment) Act, 1948 to

major ports.

4. Transfer of assets and liabilities of the Dock Labour Board, etc., to the Board.

1


-----

# THE DOCK WORKERS (REGULATION OF EMPLOYMENT) (INAPPLICABILITY

 TO MAJOR PORTS) ACT, 1997

 ACT NO. 31 OF 1997

[18th August, 1997.]

# An Act to provide for inapplicability of the Dock Workers (Regulation of Employment)        
 Act, 1948 to dock workers of major port trusts and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-eighth Year of the Republic of India as follows:—

**1.** **Short title and commencement.—(1) This Act may be called the Dock Workers (Regulation of**

Employment) (Inapplicability to Major Ports) Act, 1997.

(2) It shall come into force on such date[1] as the Central Government may, by notification in the

Official Gazette, appoint.

**2.** **Definitions.—In this Act, unless the context otherwise requires,—**

(a) “appointed day”, in relation to a major port, means the date specified under section 3 for that

major port;

(b) “Board” has the same meaning as in the Major Port Trusts Act, 1963 (38 of 1963);

(c) “Dock Labour Board” means a Dock Labour Board established under section 5A of the Dock

Workers (Regulation of Employment) Act, 1948 (9 of 1948);

(d) “major port” has the same meaning as in the Indian Ports Act, 1908 (15 of 1908).

**3. Inapplicability of the provisions of the Dock Workers (Regulation of Employment) Act, 1948**

**to major ports.—The Central Government may, after settlement is arrived at between the Dock Labour**
Board of any major port, its workmen and the management of that major port in accordance with the
provisions of the Industrial Disputes Act, 1947 (14 of 1947), direct, by notification in the Official Gazette
that the provisions of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), shall cease
to have effect in relation to that major port with effect from the date specified in that notification.

**4. Transfer of assets and liabilities of the Dock Labour Board, etc., to the Board.—(1) On the**

appointed day in relation to a major port,—

(a) all property, assets and funds vested in the Dock Labour Board immediately before such day,

shall vest in the Board;

(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and

things engaged to be done, by, with or for the Dock Labour Board immediately before such day, for
or in connection with the purposes of the Dock Labour Board, shall be deemed to have been incurred,
entered into and engaged to be done by, with or for the Board;

(c) all sums of money due to the Dock Labour Board immediately before such day shall be

deemed to be due to the Board;

(d) all suits and other legal proceedings instituted by or against the Dock Labour Board

immediately before such day for any matter in relation to the Dock Labour Board may be continued
by or against the Board.

1. 5th January, 1998, _vide notification No. S.O. 22(E), dated 5th January, 1998,_ _see Gazette of India, Extraordinary,_

Part II, sec. 3(ii).

2


-----

(e) every employee and worker serving under the Dock Labour Board shall hold office or service

under the Board on the terms and conditions which are not in any way less favourable than those
which would have been admissible to him if there had not been transfer of his services to the Board
and shall continue to do so unless and until his employment in the Board is duly terminated or until
his tenure, remuneration or terms and conditions of service are duly altered by the Board.

(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any

other law for the time being in force, the transfer of the services of any employee under this section to the
Board shall not entitle such employee to any compensation under that Act or any other law, and no such
claim shall be entertained by any court, tribunal or other authority.

3


-----

