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DOCK LABOURERS ACT, 1934

 ACT No. XIX or 1934

19th August 1934

An Act to give effect in Pakistan to the

Convention concerning the protection against

accidents of workers employed in loading and unloading ships.

 

 WHEREAS a Revised Draft Convention concerning the protection against accidents of workers employed in loading or unloading ships was adopted at Geneva on the twenty-seventh day of April, nineteen hundred and thirty-two;

 

AND WHEREAS it is expedient to give effect in Pakistan to the said Convention;

 

It is hereby enacted as follows: —

 

1.  (I) This Act may be called the Dock Labourers Act, 1934.

(2) It extends to the whole of Pakistan.]

(3) It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint.

(4) It shall not apply to any ship of war of any nationality.

 

2. In this Act, unless there is anything repugnant in the subject or context, —

(a) "The processes" includes all work which is required for or is incidental to the loading or unloading of cargo or fuel into or from a ship and is done on board the ship or alongside it ; and

(b) "Worker" means any person employed in the processes.

 

3. (l)The Federal Government may, by notification in the official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of thus Act within such local limits as it may assign to them respectively.

(2) All Principal Officers of the Mercantile Marine Department shall be Inspectors under this Act, ex-officio, within the limits of their charges.

(3) Every Inspector shall be deemed to be a public servant within the meaning of (lie Pakistan Penal Code, and shall be officially subordinate to such authority as the Federal Government may direct.

 

4. Subject to any rules made in this behalf under section 6, an Inspector may, within the local limits for which he is appointed, —

(a) Enter, with such assistants (if any) as he thinks fit, any premises or ship where the processes are carried on ;

(b) Make such examination of the premises or ship and the machinery and gear, fixed or loose, used for the processes, and of any prescribed registers and notices, and take on the spot or otherwise such evidence of any person as lie may deem necessary for carrying out the purposes of this Act : and

(c) Exercise any other powers which may be conferred upon him by the regulations made under section 5.

 

5.(1) The Federal Government may make regulations—

(a) Providing for the safety of working places on shore and of any regular approaches over a dock, wharf, quay or similar premises which workers have to use for going to or from a working place at which the processes are carried on, and for the lighting and fencing of such places and approaches ;

(b) Prescribing the nature of the means of access which shall be provided for the use of workers proceeding to or from a ship which is lying alongside a quay hulk or other vessel ;

(c) Prescribing the measures to be taken to ensure the safe transport of workers proceeding to or from a ship by water and [lie conditions to be complied with by the vessels used for the purpose ;

(d) Prescribing the nature of the means of access to be provided for the use of the workers from the deck of a ship to a hold in which the processes arc carried on ;

(e) Prescribing the measures to he taken to protect hatchways accessible to the workers and other openings in a deck which might be dangerous to them ;

(f) Providing for the efficient lighting of the means of access to ships on which the processes are carried on and of all places on board at which the workers are employed or to which they may be required to proceed ;

(g) Providing for the safely of the workers engaged in removing or replacing hatch coverings and beams used for hatch coverings ;

(h) Prescribing the measures to he taken to ensure that no hoisting machine, or gear, whether fixed or loose, used in connection therewith, is employed in the processes on shore or "on board ship unless it is in a sale working condition ;

(i) Providing for the fencing of machinery, live electric conductors and steam pipes ;

(j) Regulating the provisions of safety appliances on derricks, cranes and winches ;

(k) Prescribing the precautions to be observed in regard to exhaust and live steam;

(l) Requiring the employment of competent and reliable persons to operate lifting or transporting machinery used in the processes, or to give signals to a driver of such machinery, or to attend to cargo falls on winch ends or winch drums, and providing for the employment of a singular where this is necessary for the safety of the workers;

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By |2019-04-06T07:17:45+00:00April 6th, 2019|Laws|Comments Off on Dock Labourers Act, 1934