Section 6B of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948
1[6B. Power to supersede a Board.--(1) If, on consideration of the report under section 6A or otherwise, the Government is of opinion--
- (a)that, on account of a grave emergency, a Board is unable to perform its functions, or
- (b)that a Board has persistently made default in the discharge of its functions or has exceeded or abused its powers, the Government may, by notification in the Official Gazette, supersede the Board for such period as may be specified in the notification: Provided that, before issuing a notification under this sub-section on any of the grounds mentioned in clause (b), the Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board.
- (2)Upon the publication of a notification under sub-section (1),--
- (a)all the members of the Board shall, as from the date of such publication, vacate their offices as such members;
- (b)all the powers and functions which may be exercised or performed by the Board shall, during the period of supersession, be exercised or performed by such person as may be specified in the notification;
- (c)all funds and other property vested in the Board shall, during the period of supersession, vest in the Government.
- (3)On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Government may--
- (a)extend the period of supersession for such further period as it may consider necessary; or
- (b)re-establish the Board in the manner provided in section 5A.]
Summary
- The Government can take over a Dock Labour Board if there is a serious emergency.
- Taking over can also happen if the Board fails to do its job repeatedly or abuses its powers.
- For most cases, the Government must first give the Board a chance to explain itself.
- When the Board is taken over, all current members must leave their positions immediately.
- The Government then gives the Board's powers and property to a person they choose.
- After the takeover period ends, the Government can either extend the takeover or set up a new Board.
Practical examples
FAQ
1. What happens to the Board members when a Board is superseded?
All members must vacate their offices from the date the Government's notice is published.
2. Who owns the Board's property during a takeover?
All funds and property of the Board belong to the Government while the Board is superseded.
3. Does the Board get a chance to defend itself?
Yes, if the reason is a failure to do their job or abusing power, the Government must let them explain their side first.
4. Can the Government keep control of the Board forever?
The Government sets a specific period in the notice, but they have the power to extend that period later if they think it is necessary.
Test yourself
Q1.Under Section 6B of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, what is the first step the Government must take before superseding a Board for abusing its powers?
Q2.Under Section 6B of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, how does a report from Section 6A relate to the power to take over a Board?
Q3.Under Section 6B of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, what happens to Board property during the period of supersession?
Q4.Under Section 6B of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, if the Government wants to restart the Board after the takeover ends, which section describes how to re-establish it?
Q5.Under Section 6B of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, what triggers an immediate takeover without a notice period?