SCHEDULE X
(See Regulation 109)
Rules relating to the appointment of Welfare Officer prescribed under regulation 109 of the Dock Workers (Safety, Health and Welfare) Regulations, 1989.
- Number of Welfare Officers:
- The Port Authority, Dock Labour Board and every other employer shall appoint at least one Welfare Officer in every port where 500 or more dock workers are ordinarily employed. Provided that, where the number of dock worker exceeds 2000 there shall be additional Welfare Officer, as indicated in the scale given below:-
- 2000 to 5000 dock workers-2 Welfare Officers.
- for every additional 5000 dock workers or fraction thereof over 500-1 Welfare Officer.
- Where there are more than one Welfare Officer appointed, one of them shall be called the Chief Welfare Officer and the others as Welfare Officers.
- Qualifications:
No person shall be appointed as a Welfare Officer unless he or she:
- is a graduate from a recognised university,
- has either a degree or diploma in social science from a recognised university or any other institution recognised by Central Government in this behalf, and
- has adequate knowledge of the language spoken by the majority of dock workers in the port to which he/she is attached.
Provided that in the case of a person who has been employed as a Welfare Officer for one year or more before the day of commencement of these regulations, the Chief Inspector may on request from the Port Authority, Dock Labour Board or any other employer may in writing relax all or any of the aforesaid qualifications, subject to such conditions as he may specify in the order.
- Conditions of service:
- A Welfare Officer shall be given appropriate status as a member of the executive staff of the Port Authority, Dock Labour Board or firm as the case may be.
- The conditions of service of a Welfare Officer shall be the same as those of other members of the staff or equivalent status under the Port Authority, Dock Labour Board or firm, as the case may be:
Provided that in the case of discharge or dismissal, the Welfare Officer shall have a right of appeal to the Chief Inspector whose decision thereon shall be final and binding on the Port Authority, Dock Labour Board or firm, as the case may be. This appeal shall be preferred within thirty days from the date of receipt by the Welfare Officer of the order of discharge or dismissal.
- Duties of Welfare Officer:
The duties of the Welfare Officer shall be-
- to ensure fulfilment on the part of the Port Authority, Dock Labour Board or firm of obligations under the provisions of these Regulations and maintaining a liaison with the Inspector;
- to ascertain what further welfare facilities are needed, how best they can be provided and make suggestions for their establishment;
- to make sure that the available welfare facilities provided under the Regulation or otherwise are being properly maintained and utilized.
- to ensure adequate supervision of the amenities provided, especially as regards canteens, rest rooms, washing and toilet facilities and drinking water;
- to examine grievances voiced by the dock workers in respect of welfare facilities and other amenities;
- to ensure first aid, medical treatment and other assistance for dock workers who are injured in the course of their employment in dock work and are in need of vocational rehabilitation due to disablement caused due to injury;
- to assist in the organisation of recreational facilities and educational courses and advise on individual personnel problems and education of children;
- to promote relations between the Port Authority, Dock Labour Board or a firm and dock workers which will ensure productive efficiency as well as amelioration in the working conditions and to help dock workers to adjust and adapt themselves to their working environments;
- to take interest in the working of Safety Committee of the Port; and
- to encourage and assist in the organisation of Safety propagation, Safety Weeks, training courses, suggestion schemes, safety awards, etc. and such other duties as may be assigned by the Port Authority, Dock Labour Board or a firm which have a bearing on the welfare of the dock workers.
- No Welfare Officer shall deal with any disciplinary cases against workers or appear before a conciliation officer in a court or tribunal on behalf of the management against a worker or workers.
- Exemption:
The Chief Inspector may in writing exempt any Port Authority, Dock Labour Board or any other employer or a group of employers from any or all provisions of this regulation subject to compliance with such alternative arrangements as may be approved by him.