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Inland Vessel Worker (Employment-Control) Act, 1992

Act No.50 of 1992

An Act made to control inland vessels and to regulate the employment and service conditions etc. of workers employed in vessels

Whereas it is expedient to control inland vessels and to regulate the employment and service conditions etc. of workers employed in vessels;

Now, therefore, it is enacted as follows:-

1. Short title.- This Act may be called the Inland Vessel Worker (Employment-Control) Act, 1992.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

a) "vessel" or "inland vessel" means any inland vessel registrated under the Inland Shipping Ordinance, 1976 (LXXII of 1976);
b) "rule" means any rule made under this Act;
c) "owner" means owner of a vessel;
d) "wages" means remuneration to be paid in exchange for work;
e) "worker" means any worker employed for any work in inland vessels registrated under the Inland Shipping Ordinance, 1976 (LXXII of 1976);
f) "Director of Labour" means the person appointed by the Government as Director of Labour.

a) the determination of the terms and conditions of the recruitment and discharge of workers;
b) the classification of jobs and the determination of the number of workers to be employed in each category of vessels;
c) the fixing of the working hours, rest periods, holidays and leave facilities for the workers;
d) the fixing of the wages for the workers;
e) the security of service of the workers;
f) the determination of the measures to be taken by the owner for the medical care of the workers and their families;
g) the rules for maintenance of pay-rolls and service records of the workers by the owners;
h) any other matter relating to the employment of workers;
i) the discipline on board the vessels;
j) the determination of the limits for transport of goods in vessels;

5. Imposition of vessel fees, etc. .- (1) The Government may impose an annual vessel fee on every vessel.
(2) The fees to be imposed under sub-section (1) shall be determined by rules.
(3)The Director of Labour shall pass a notice on the owner for payment of fees imposed under this section and such fees are to be paid within the period referred to in the notice.
(4) If any owner fails to pay the fees within the period referred to in the notice passed under sub-section (3), he shall pay for the unpaid fees an additional fee at such rate as may be prescribed by rules.
(5) All arrears under this section shall be recovered as public demands.

6. Powers of inquiry and collection of information.- (1) The Director of Labour or any officer authorised by him may, with a view to carrying out the purposes of this Act,-

a) direct any person to furnish any records, documents or information;
b) enter at all reasonable times any vessel or any place connected therewith;
c) inspect any book, record, register or document relating to a vessel and direct the person concerned to furnish any such book, record, registrar or document;
d) record the statements or declarations of any person on any matter relating to vessels:
Provided that no person shall be required under this clause to answer any question tending to incriminate himself.

8. Cognizance of offence.- No court shall take cognizance of any case under this Act except on complaint in writing made by any person authorised in this behalf by the Director of Labour.

9. Power to make exemptions.- The Government may, by notification in the Official Gazette, exempt any owner or any class of owners from all or any of the provisions of this Act.

10. Power to make rules.- The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

11. Repeals and savings.- (1) The Inland Water Transport (Regulation of Employment) Act, 1965 (EP Act III of 1965), heretoafter referred to as the said Act, stands herewith repealed.
(2) On repeal of the said Act,-

a) the Inland Water Transport (Regulation of Employment) Board, heretoafter referred to as the said Board, shall be broken up;
b) all properties, movable or immovable, funds, cash and money deposited with banks and investments of the said Board and all its rights connected with, or interests in, such properties shall stand transferred to, and vest in the Government;
c) all suits filed by or against the said Board shall be deemed to have been filed by or against the Government;
d) all debts, liabilities and obligations of the Board and all agreements concluded by or with the Board shall be deemed to be debts, liabilities and obligations of the Government and agreements concluded by or with the Government;
e) all officers and employees appointed by the said Bord and employed in the Board shall be absorbed in accordance with the Surplus Public Servants Absorption Ordinance, 1985 (XXIV of 1985):
Provided that, in the case of officers and employees appointed and employed on the basis of a contract or under an obligation, the conditions of such contract or obligation shall be applicable and that, any condition requiring the giving of a notice for the termination of their service, the abolition of the said Board shall be deemed to be such notice.