FORM IX

DOCK WORKERS (SAFETY HEALTH AND WELFARE) REGULATIONS. 1989

PROHIBITION ORDER

PART I

[See Sec. 5 (1) of the Dock Workers (Safety. Health and Welfare)

Act, 1986 Regulation 4]

lnspector's Notice on Inspection of Dock, Ship. Lifting Appliance. Loose Gears and other such gears. Equipment. Ladders and Stagings. Inspector's notice to the owner. master. Officer- in-charge. or Agents of the ship. Port Authority. owner of lifting appliances, loose gears and lifting devices or the person who. by himself. his agents. or his employers. carried on the dock work; as the case may be.

An inspection of the above named dock. ship. lifting appliances. loose gears. lifting devices. transport equipment. ladders and stagings was made on -----------------------

The activities connected with dock work which are being carried on by you/about to be carried on by you/under your control involve a risk or danger to the life. safety and health of dock workers and involve the following contraventions :

Contraventions

Therefore. I hereby direct that the said activities shall not be carried on' by you or under your control unless the said contraventions and matters mentioned have been remedied to the satisfaction of the Inspector,

This order is being issued without prejudice or any legal action which may be taken for these contraventions.

On hearing from you that the requirements have been complied with the dock/ship/lifting appliance. loose gear or similar gear/transport equipment/ladders/ staging shall again be visited with a view to the inspection being completed.

No. _____________

Dated at _________ this _________ day of 19 ____________

Inspector under the Dc-ck Workers

(Safety, Health and Welfare) Act. 1986

REQUIREMENTS

On compliance with all or any of the above contraventions. the Inspector shall be informed in the manner prescribed overleaf. of the date and place at which the dock. ship, lifting appliance. loose gears or similar gear transport equipment, ladders and stagings can be re-inspected.

Sir,

The contravention notified by you have been effectively attended to. The dock. ship, lifting appliance. loose gears or similar gear. transport equipment. ladders and stagings shall be ready for inspection on the date and place named below:

To

The Inspector under the Dock Workers (Safety. Health and Welfare) Act, 1986

NOTES

• Failure to comply with a prohibition order is an offence as provided by Sec. 21 (4) of the Dock Workers (Safety. Health and Welfare) Act. 1986 and renders the offender liable to a fine not exceeding Rs. 5,000/- on each conviction or to an unlimited fine as per Sec. 18 of the Act or to an imprisonment for a term not exceeding 6 months or both fine and imprisonment. and a further fine of not exceeding Rs. 100/- per day. per conviction if the offence is continued as given under Sec. 16 (2) of the Act.
• As per Sec. 14 (4) of the Act, a person who has been convicted for an offence punishable under any of the provisions of the Act or the regulations framed thereunder. is again convicted for an offence committed within two years of the previous conviction and involving the contravention of the same provisions, he shall be punishable for each subsequent conviction with double imprisonment to which he would have been liable of the first contravention of such provision.
• The Chief Inspector has the power to cancel or modify the order or to extend the period specified in the order before the end of the period specified in it without waiting for an appeal from the concerned employer or owner of premises/dock worker.
• Any person aggrieved by. a prohibition order issued under Sec. 5 of the Act may. within 15 days from the date on which the order is communicated to him prefer an appeal to Chief Inspector. Directorate General, Factory Advice Service and Labour Institutes, Sion, Bombay-400022, as provided under Sec. 8 of the Act where such order is by the Chief Inspector, an appeal shall lie to the Secretary in the Ministry of Labour, New Delhi.
• An appeal to the Chief Inspector by any aggrieved person must be commenced by sending in writing to the Chief Inspector a notice, containing the following particulars:
  
  • the name of the appellant and his address for service of documents,
  • date of a prohibition order or orders appealed against and the addresses of the premises or place concerned,
  • the name and address (as shown in a prohibition order) of the respondent,
  • particulars of the requirements or directions appealed against,
  • the grounds of an appeal.

  The entering of an appeal does not have the effect to suspend this prohibition order. The application can be made for the suspension of the prohibition order to the Chief Inspector, but the prohibition order continues in force until the Chief Inspector otherwise directs.

  The issue of this prohibition order does not relieve the aggrieved person of any legal resting upon him for failure to comply with any provision of this or any other enactment, (before order the issue of this order.)

Improvement Notice

DOCK WORKERS (SAFETY, HEALTH AND WELFARE) REGULATIONS, 1989

(See Regulation 4)

Inspector's notice to the Owner, Master, Officer-in-Charge or Agents of the Ship, Port Authority, Owner of lifting appliances, loose gears lifting devices or the person, who, by himself, his agents or his employers, carries on the dock work, as the case may be.................

An inspection of the above-named dock, ship, lifting appliances, loose gears, lifting devices, transport equipment, ladders and stagings was made on .............

The following contraventions were observed. You are required to remedy the said contraventions and send the compliance report in writing within................ days.

This notice is being issued without prejudice to any legal action which may be taken for these contraventions.

On hearing from you that the requirements have been complied with the dock/ship/lifting appliance/loose gear or similar other gear/transport equipment/ladders/ staging will again be visited with a view to the inspection being completed.

Contraventions

No. ____________________

Dated _________ this ______________ day of _______________ 19_____

Inspector under the Dock Workers

(Safety, Health and Welfare) Act, 1986

Dock Workers (Safety, Health Welfare) Regulations. 1990
Requirements

On compliance with all or any of the requirements, the Inspector should be informed in the manner prescribed overleaf. of the date and place at which the dock, ship. lifting appliance, loose gear, transport equipment, ladders and stagings can be re-inspected.

The requirements noted by you have been effectively fulfilled. The dock, ship. lifting appliance. loose gear, lifting devices, transport equipment, ladders and stagings will be ready for inspection on the date and place named below:

To

The Inspector under the Dock Workers (Safety, Health and Welfare) Act, 1986.

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