Central

Section 5 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948

(1)The Government may, or if it decides to make any scheme under section 4, shall, constitute an Advisory Committee, to advise upon such matters arising out of the administration of this Act or any scheme made thereunder as the Government may refer to it for advice. 1[(2) The members of the Advisory Committee shall be appointed by the Government and shall be of such number 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--
1. (i)the Government,
2. (ii)the dock workers, and
3. (iii)the employers of dock workers, and shipping companies.]
(3)The Chairman of the Advisory Committee shall be one of the members appointed to represent the Government, nominated in this behalf by the Government.
(4)The Government shall publish in the Official Gazette the names of all members of the Advisory Committee. 2* * * * * *

Summary

The Government can create an Advisory Committee to give advice on running the Act or its schemes.
If the Government decides to create a scheme under Section 4, it is required by law to set up an Advisory Committee.
The committee must have an equal number of members representing three groups: the Government, the dock workers, and the employers (including shipping companies).
The Chairman of this committee must be someone who represents the Government on the committee.
The names of all committee members must be published in the Official Gazette.

Practical examples

1In 2025, the Government prepares a new scheme for the port of Mormugao. Because they are using Section 4 to make this scheme, they also form an Advisory Committee under Section 5. The committee consists of 3 government officials, 3 union leaders for the workers, and 3 managers from shipping companies to ensure everyone's voice is heard equally.

2A dispute arises about how welfare funds are being used. The Government refers this specific question to the Advisory Committee in 2026. The Committee discusses it and provides expert advice back to the Government to help them make a decision.

FAQ

1. Is the Government always forced to create an Advisory Committee?

They can choose to create one at any time, but they must create one if they decide to make a scheme under Section 4.

2. Who chooses the members of the Advisory Committee?

All members are appointed by the Government according to rules made under the Act.

3. Who leads the Advisory Committee?

A Chairman, who is one of the Government's representatives, is nominated by the Government to lead.

Test yourself

Q1.Under Section 5 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, when MUST the Government constitute an Advisory Committee?

Q2.Which groups must be represented equally on the Advisory Committee under Section 5 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948?

Q3.Under Section 5 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, who must the Chairman of the Advisory Committee represent?

Q4.According to Section 5 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, where must the names of the committee members be listed for the public?

Q5.If the Government is making a new scheme using Section 4 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948 but refuses to set up an Advisory Committee, are they following Section 5?

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