Section 5A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948
1[5A. Dock Labour Boards.--(1) The Government may, by notification in the Official 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 the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may, by that name, sue and be sued.
- (3)Every such Board shall consist of a Chairman and such number of other members as may he 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.
- (4)The Chairman of a Board shall be one of the members appointed to represent the Government, and nominated in this behalf by the Government.]
Summary
- The Government can establish a Dock Labour Board for a specific port or a group of ports.
- Once created, a Board is a body corporate, meaning it is a legal entity that exists independently of its individual members.
- A Board has its own seal and can own property, sign contracts, and be involved in legal lawsuits (it can sue or be sued).
- Just like the Advisory Committee, the Board must include an equal number of representatives from the Government, dock workers, and employers/shipping companies.
- The Chairman of the Board is appointed from the members representing the Government.
Practical examples
FAQ
1. What does perpetual succession mean for the Board?
It means the Board continues to exist as a legal entity even if its members change or leave.
2. Can a Board sign its own contracts?
Yes, Section 5A gives the Board the specific power to enter into contracts.
3. Is the Chairman of the Board elected by the workers?
No, the Chairman is one of the Government representatives and is nominated by the Government.
Test yourself
Q1.Under Section 5A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, a Board is considered a:
Q2.According to Section 5A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, what is one power the Board has regarding property?
Q3.Under Section 5A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, how is the representation of different groups handled on the Board?
Q4.Who nominates the Chairman of the Board under Section 5A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948?
Q5.Under Section 5A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, what does it mean that a Board has a common seal?
Q6.In Section 2, a "Board" is defined as a Dock Labour Board established under Section 5A. According to Section 5A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, how is a Board officially established?