DOCK WORKERS (ADVISORY COMMITTEE) RULES,1962
S.O. 1809, dated the 1st June, 1962.-In exercise of the powers conferred by sub-sections (1) and (2) of
Sec. 8ofthe Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), and in supersession of the notification of the Government of India in the late Ministry of Labour No. L.R. 21, 22, dated the 1st June, 1949, the Central Government hereby makes the following rules, namely:

RULE 1 Short title and extent
(1)These rules may be called the Dock Workers (Advisory Committee) Rules, 1962.
(2) They extend to all the major ports in India.

RULE 2 Definitions
In these rules, unless the context otherwise requires, -
(a) "Act" meansthe Dock Workers (Regulations of Employment) Act, 1948 (9 of 1948);
(b) "Chairman" means the Chairman of the Dock Workers Advisory Committee;
(c) "Committee" means the Dock Workers Advisory Committee ;
(d) "member" means a member of the Dock Workers Advisory Committee.

RULE 3 Constitution
The Committee shall consist of the following @2 [twenty- seven] members to be appointed by the
Central Government, namely:
(1)2[nine members] representing the Central Government who shall be-
(i) the Secretary to the Government of India in the Ministry of Labour and Employment, who shall be the
Chairman,
3{(ii) the Secretary to the Government of India in the Ministry of Shipping and Transport, who shall be the
Chairman,
(iii) a representative of the Ministry of Labour,
(iv) the Chairman, Bombay Dock Labour Board,
(v) the Chairman, Madras Dock Labour Board,
(vi) the Chairman, Cochin Dock Labour Board,
(vii) the Chairman, Vizagapatnam Dock Labour Board,
4[(viii) the Chairman, Marmagao Dock Labour Board],
5[(ix) the Chairman, Kandla Dock Labour Board].
(2)2[Nine members] representing the employers of dock workers and shipping companies who
shall be appointed in consultation with such association of employers and shipping companies as
the Central Government may consider appropriate.
(3)2[Nine members] representing the dock workers who shall be appointed in consultation with
such unions of dock workers as the Central Government may consider appropriate.

RULE 4 Secretary of the Committee
6[The Deputy Secretary7[in the Ministry of Shipping and Transport) of the Government of India or any otherofficer nominated to that Government] shall be the Secretary of the Committee and shall be entitled to attend and take part in the meetings of the Committee. He shall not have a right to vote.

RULE 5 Functions
The Committee shall advise the Central Government upon such matters arising out of the administration of the Act or any scheme made thereunder as the Central Government may refer to it for advise.

RULE 6 Term of office of members
(1) A member other than a member representing the Central Government shall hold office for a
period of three years from the date of the notification appointing him as a member and shall be
eligible for re-appointment: Provided that an outgoing member shall continue in office until the
appointment of his successor is notified in the official Gazette; Provided further that a member,
appointed to fill a casual vacancy shall hold office for the unexpired portion of the term of the
person in whose place he is appointed
(2) A member representing the Central Government may be appointed either by name or by virtue
of his office. Every such member shall hold office during the pleasure of the Central Government.
(3) A member other than a member representing the Central Government may resign his office, by
a letter under his hand addressed to the Chairman.
(4) If a member proposes to proceed out of India, he shall before doing so, intimate to the
Chairman, the anticipated date of his departure from and of his return to India and if he intends to
be absent from India for a period exceeding six months, he shall tender his resignation.
(5) A member shall be deemed to have vacated his office-
(a) if he proceeds out of India without complying with the provisions of sub-rule (4);
(b) if he becomes insolvent ;
(c) if he is convicted of any offence which, in the opinion of the Central Government, involves moral
turpitude ;
(d) if he is absent from three consecutive meetings of the Committee without leave of absence from the
Chairman ;
(e) if in the opinion of the Central Government, a member who was appointed to represent dock workers or
their employers ceases to be representative of dock workers or their employers, as the case may be ; or
(f) if, in the opinion of the Central Government, it is not desirable that he should continue to be a member.

RULE 7 Headquarters
-The headquarters of the Committee shall be at such place as may be fixed by the Central Government.

RULE 8 Meetings
(1)Every matter referred to the Committee for advice shall be considered either at a meeting of the Committee, or if the Chairman so directs by circulation of the necessary papers for opinion to every member who is present in India at the time : Provided that any member may request that the matter be considered at - meeting of the Committee and thereupon the Chairman may, and if the request is made by three or more members shall, direct that it be so considered. 
(2) The Committee shall meet at such places and times as may be appointed by the Chairman,
(3) The Chairman shall preside over every meeting of the Committee at which he is present and in his absence the members present shall elect one of them to preside over the meeting and the members so elected shall, at that meeting, exercise all the powers of the Chairman.
(4) No business shall be transacted at a meeting of the Committee unless at least seven members are present : Provided that if at any meeting less than seven members are present, the Chairman may adjourn the meeting to a date not less than seven days later, informing the members present and giving notice to other members that he proposes to dispose of the business at the adjourned meeting whether there is the prescribed quorum or not, and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of members attending. 
(5) Every question at a meeting of the committee shall be decided by a majority of the votes of the members present and voting: Provided that a member shall in all cases have the right to have his vote of dissent recorded.
(6) Every question referred to the members for opinion under sub-rule (1) shall, unless the Chairman in pursuance of the proviso to that sub-rule reserves it for consideration at a meeting, be decided in accordance with the opinion of the majority of the members recording opinion within the time allowed for it.7[The decision taken shall be communicated to the members of the Committee and reported at the next meeting of the Committee.]
(7) In the case of an equal division of votes or opinions, as the case may be, the Chairman shall have a second or casting vote or opinion.

RULE 9 Notice of meetings and list of business
(1) Notice shall be given to every member present in India of the time and place fixed for each meeting at least 15 days before the date of such meeting and each member shall be furnished with a list of business to be disposed of at the meeting : Provided that when an emergent meeting is called by the Chairman, it shall not be necessary to give more than five days' notice. 
(2) No business which is not in the list of business shall be considered at a meeting without the permission of the Chairman.

RULE 10 Minutes of meeting
-The minutes of each meeting of the Committee shall be circulated to all members present in India as soon as possible after the meeting, shall be read out and confirmed at the next meeting of the Committee, shall be signed by the Chairman or the member presiding, as the case may be, and shall thereafter be recorded in a minute book.

RULE 11 Power to invite experts to meetings
-The Chairman may invite one or more experts to be present at any meeting and to participate in the discussion of any technical matter, but such expert shall not be entitled to vote.

RULE 12 Allowances of members
-Every non-official member and any expert invited to attend a meeting of the Conmittee underrule 11, shall be entitled to travelling allowance, and daily allowance at such rates and subject to such terms and conditions as may be specified by the Central Government from time to time for payment to non-official delegates attending meetings of the conference and committees convened by the Government.

RULE 13 
The Chairman shall be the Controlling Officer in respect of the bills for allowances admissible under rule 12

Footnotes:
2. Subs. by S.O. 1928, dated the 29th October, 1968. published in the Gazette of India. Pt. II, Sec. 3 (ii), dated the 9th November, 1968.
3. Subs. by S.O. 2820, dated the 8th October, 1974, published in the Gazette of India, dated the 26th October, 1974.
4. Ins. by S.O. 2103, dated the 21st June, 1965, published in the Gazette of India, Pt. II, Sec. 3 (ii), dated the 3rd July, 1965.
5. Subs. by S.O. 3511, dated the 22nd September, 1964, published in the Gazette of India, Pt. II, Sec. 3 (ii), dated the 3rd October, 1964.
6. Subs. by S.O. 2830, dated the 9th October, 1974, published in the Gazette of India, dated the 26th October 1974.

DOCK WORKERS (REGULATION OF EMPLOYMENT) RULES, 1962

RULE 01: SHORT TITLE AND EXTENT
(1) These rules may be called the Dock Workers (Regulation of Employment) Rules, 1962.
(2) They extend to all the major ports in India.

RULE 02: DEFINITIONS
In these rules, unless the context otherwise requires,-
(a) "Act" meansthe Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948).
(b) "Board" means a Dock Labour Board established underSec. 5-A.
(c) "Chairman" means a member of the Dock Labour Board.
(d) "Member" means a member of the Dock Labour Board.
(e) "Scheme" means the Dock Workers (Regulation of Employment) Scheme, framed under subsection (1) ofSec. 4of the Act.

RULE 03: COMPOSITION OF THE BOARD
(1) Each Board shall consist of not less than nine members and shall include an equal number of members representing-
(i) the Central Government ;
(ii) the dock workers ; and
(iii) the employers of dock workers and shipping companies.
(2) The Chairman of the Board shall be nominated by the Central Government from among the members representing the Government and there shall be a whole-time Deputy Chairman appointed by the Central Government in the ports of2[Bombay, Calcutta, Cochin, Madras, Marmagao] and3[Vizakhapatnam] on such terms and conditions as the Central Government may determine:
(3) The persons representing respectively the dock workers and the employers shall be appointed after consulting such association of persons as appear to the Central Government to be representative of such workers and such employers.
4[(4) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of the Board.]

RULE 04: TERM OF OFFICE OF MEMBERS
(1) A member other than a member representing the Central Government shall hold office for a period of three years from the date of the notification appointing him as a member and shall be eligible for re-appointment: Provided that an outgoing member shall continue in office until the appointment of his successor is notified in the official Gazette : Provided further that a member appointed to fill a casual vacancy shall hold office for the unexpired portion of the term of the person in whose place he is appointed.
(2) A member representing the Central Government may be appointed either by name or by virtue of his office. Every such member shall hold office during the pleasure of the Central Government.
(3) A member other than a member representing the Central Government may resign his office by a letter under in his hand addressed to the Chairman.
(4) If a member proposes to proceed out of India, he shall, before doing so intimate to the Chairman, the proposed date of his departure from, and of his return to India, and if he intends to be absent from India for a period exceeding six months, he shall render his resignation.
(5) A member shall be deemed to have vacated his office :
(i) if he proceeds out of India without complying with the provisions of sub -rule (4); or
(ii) if he becomes insolvent ; or
(iii) if he is convicted of an offence which in the opinion of the Central Government, involves moral turpitude ; or
(iv) if he is absent from three consecutive ordinary meetings of the Board without leave of absence from the Chairman ; or
(v) If, in the opinion of the Central Government, a member who was appointed to represent of dock workers or employers of dock workers and shipping companies ceases to be representative of dock workers or their employers or the shipping companies, as the case may be ; or
(vi) if, in the opinion of the Central Government, it is for any other reason not desirable that he should continue to be a member. Every vacancy under this rule shall be notified in the official Gazette.

RULE 05: SUSPENSION FROM MEMBERSHIP
If, on a report from the Chairman and after such enquiry as it may deem necessary, the Central Government is of opinion that a body or association which is represented on the Board has acted or is acting in a manner prejudicial to the working of the scheme or the attainment of its objective, it may after giving an opportunity to that body or association to be heard by order suspend the representation of that body or association until such time or for such period as may be specified in such order.

RULE 06: ALLOWANCES FOR NON-OFFICIAL MEMBERS
- There shall be paid to the non-official members of the Board such fees and allowances as may, subject to the approval of the Central Government, be determined by the Board from time to time.

RULE 07: MEETINGS OF THE BOARD
(1) The Chairman and in his absence the Deputy Chairman in the ports of6[Bombay, Calcutta, Cochin, Madras, Murmugao] and4[Visakhapatnam] shall preside over every meeting. If beside the Chairman the Deputy Chairman is also absent, or there is no Deputy Chairman, the members present shall elect one of them to preside over the meeting and the member so elected shall at that meeting exercise all the powers of the Chairman.
(2) The quorum for and the procedure at meetings of the Board shall be such as the Board may from time to time determine.
(3) If any question arises for the decision of the Board it shall be decided by vote of the majority of the members present and voting and in case of equality of votes, the Chairman shall have a second or a casting vote.
(4) The Chairman may invite any person to be present at any meeting and to participate in the discussion but such a person shall not be entitled to vote.

RULE 08: MODE OF ENTERING INTO CONTRACTS
- The Chairman may enter into any contract on behalf of the Board and every contract so entered shall be binding on the Board : Provided that every such contract, the subject-matter of which exceeds Rs. 5,000 in value, shall be in writing and signed by the Chairman and any other member of the Board.]

Footnotes:
2. Subs. by S.O. 398, dated the 22nd January, 1966, published in Gazette of India, ft. II, Sec. 3 (ii), dated the 5th February, 1966.
3. Subs. by S.O. 1675, dated the 18th April, 1969, published in the Gazette of India. Pt. II, Sec. 3 (ii), dated the 3rd May, 1969.
4. Ins. by S.O. 1689, dated the 9th May, 1965, published in the Gazette of India, Pt. II, Sec. 3 (ii), dated the 19th May, 1965.