Notification of the Dock Workers (Regulation of Employment) Adjudication of Penalties and Appeal Rules 2026

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Notification of the Dock Workers (Regulation of Employment) Adjudication of Penalties and Appeal Rules 2026

Notification of the Dock Workers (Regulation of Employment) Adjudication of Penalties and Appeal Rules 2026

The Gazette of India

CG-DL-E-05082026-275214

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 4148] NEW DELHI, TUESDAY, AUGUST 4, 2026/SHRAVAN 13, 1948

MINISTRY OF PORTS, SHIPPING AND WATERWAYS

NOTIFICATION

New Delhi, the 4th August, 2026.

S.O. 4324(E).— In exercise of the powers conferred by sub-section (1) and clauses (ga) and (gb) of sub-section (2) of section 8 of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), the Central Government hereby makes the following rules, namely: —

  1. Short title and commencement. – (1) These rules may be called the Dock Workers (Regulation of Employment) Adjudication of Penalties and Appeal Rules, 2026.

(2) They shall come into force on the date of their publication in the Official Gazette.

  1. – (1) In these rules, unless the context otherwise requires, –
    • “Act” means the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948);
    • “adjudicating authority” means the Deputy Chairman, Calcutta Dock Labour Board, as specified under sub-section (1) of section 3A of the Act;
    • “appellant” means any person aggrieved by an order of the adjudicating authority who prefers an appeal before the appellate authority under sub-section (2) of section 3A of the Act;
    • “appellate authority” means the Chairman, Calcutta Dock Labour Board, as specified under sub-section

(2) of section 3A of the Act;

  • “Form” means a form appended to these rules;
  • “Inspector” means any person appointed under sub-section (1) of section 6 of the

(2) The words and expressions used in these rules and not defined, but defined in the Act, shall have the same meanings respectively assigned to them in the Act.

  1. Filing of Complaint. – Any Inspector may file a complaint in Form I through electronic means or in person or by speed post to the adjudicating authority for any contravention of a scheme made under section 3 of the Act.
  2. Holding of inquiry. – (1) For the purpose of adjudication under sub-section (1) of section 3A of the Act, the adjudicating authority shall, within thirty days from the receipt of a complaint, issue a show cause notice in Form II, requiring the respondent to reply to the show cause within such period as may be specified in the said notice.
  • Upon considering the reply under sub-rule (1), if any, the adjudicating authority if of the opinion that an inquiry is required in the matter, he shall issue a notice in writing requiring the appearance of the respondent personally or through a representative duly authorised by him, on such date as may be fixed in the said notice.
  • The adjudicating authority shall provide an opportunity to such person to produce such documents or evidence in Form III, that are relevant to the inquiry and if necessary, the hearing may be adjourned to a future date, which shall not be later than fifteen days from the first date:

 

Provided that the adjournment shall not be granted for more than two times.

 

  • In taking such evidence, the adjudicating authority shall not be bound to observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).

 

  • If any person fails or refuses to appear under sub-rule (2), the adjudicating authority may proceed with the inquiry in the absence of such person, after recording the reasons in writing.

 

  • Upon consideration of the evidence produced, if the adjudicating authority is satisfied that the contravention has been committed, he may, by order in writing, impose such penalty as specified under the Act:

Provided that the adjudicating authority shall provide reasonable opportunity of being heard to both the parties before passing the order:

Provided further that the penalty imposed shall be paid within such period and electronically or in such manner as specified in the order.

 

  • Every order passed under sub-rule (6) shall specify-

 

  • the details of the contravention committed;
  • the provisions of the scheme contravened;
  • the reasons for imposing the penalty;
  • the quantum of penalty imposed; and
  • the time within which the penalty is to be

 

  • A copy of the order passed under sub- rule (6) shall be provided free of cost to the parties

 

  • The adjudicating authority shall complete the proceedings within six months from the date of issuance of the show cause notice to the respondent.
  • A show cause notice under sub-rule (1) or a notice under sub-rule (2) or an order issued under sub-rule

(6) shall be served in any of the following manners, namely:

  • by electronic means; or
  • by delivering or tendering it to that person or his authorised representative; or
  • by speed post; or
  • affixing at the last known place of residence or business of the person
  1. – (1) Any person aggrieved by an order passed by the adjudicating authority, may prefer an appeal in Form IV, to the appellate authority, within a period of thirty days from the date of receipt of the order:

Provided that the appellate authority may, for reasons to be recorded in writing, admit an appeal after the expiry of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.

 

  • The appeal shall be filed along with a copy of the order of the adjudicating authority passed under sub­rule (6) of rule 4, a clear statement of facts appealed against and the grounds for appeal.
  • The appeal may be filed through electronic means or in person or through an authorised representative or by speed post:

Provided that an appeal sent by speed post shall be deemed to have been filed on the date on which it is received by the appellate authority.

 

  • Upon scrutiny, where the appeal is found to be, –
  • in order, the appellate authority shall admit such appeal;
  • defective, the appellate authority may allow the appellant to rectify the defects within fifteen days from the date on which the defect has been intimated.
  • Where the appellant fails to rectify such defects within the period specified in sub-rule (4), the appellate authority may, for reasons to be recorded in writing, refuse to admit such appeal and shall communicate such decision to the appellant within a period of seven days thereafter.
  • On admission of the appeal, the appellate authority shall serve a copy of such appeal to respondent along with a notice in writing requiring him to file his reply thereto, within such period, not exceeding thirty days, as may be stipulated by the appellate authority in the said notice.
  • The appellate authority may call for the records relating to the proceedings from the adjudicating
  • Upon consideration of the evidence produced, the appellate authority may pass such orders as it may deem fit:

Provided that the appellate authority shall provide reasonable opportunity of being heard to both the parties before passing the order.

  • A notice under sub-rule (6) or an order issued under sub-rule (8) shall be served in any of the following manners, namely:
    • by electronic means; or
    • by delivering or tendering it to that person or his authorised representative; or
    • by speed post; or
    • by affixing at the last known place of residence or business of the person
  • The appellate authority shall dispose of the appeal within a period of sixty days from the date of its
  1. Order and – (1) Every order under these rules shall be dated, signed, and communicated to all the parties.
  • If the penalty imposed by the adjudicating authority or by the appellate authority is not deposited, the amount shall be recovered as an arrear of land revenue.
  • All sums realised by way of penalties under these rules shall be credited to the appropriate fund of the Calcutta Dock Labour Board.

 

To

 

The Adjudicating Authority

………………………………….

Form I Complaint (See rule 3)

 

1. Particulars of Complainant:

  • Name:
  • Designation:
  • Address for correspondence:
  • Contact Number:
  • Email Address:

2. Details of the Alleged Contravention:

  • Name and details of the person/employer/worker committing the contravention:
  • Date, time, and specific place of occurrence:
  • Specific provisions of the scheme alleged to be contravened:
  • Comprehensive details of the contravention along with evidence:

3. List of Evidence/Documents Attached:

 

Declaration: I/We hereby declare that the facts stated above are correct and true to the best of my/our knowledge and belief.

Signature of Complainant:

Date:

To

…………………………….

…………………………….

…………………………….

Form II

Show Cause Notice [See rule 4(1)]

 

SHOW CAUSE NOTICE

Subject: Contravention of Scheme under the Dock Workers (Regulation of Employment) Act, 1948.

 

Whereas, a complaint/report has been received indicating that you have contravened the provisions of the [       ] Scheme as per the details highlighted below: [Insert brief particulars of the contravention and relevant provisions]

  1. Therefore, you are hereby required to show cause in writing within days (not less than 7 days) from the date of service of this notice as to why an inquiry should not be conducted against you and why statutory penalty provided under sub-section (3) of section 3 of the Act should not be imposed.
  2. Please note, that if no reply is received within the stipulated period, further action shall be initiated in accordance with sub-rule (6) of rule 4 of the Dock Workers (Regulation of Employment) Adjudication of Penalties and Appeal Rules, 2026.

Adjudicating Authority

Date and Place:

 

Form III

Furnishing of document or evidence by or on behalf of the contravener [See rule 4(3)]

 

To,

The Adjudicating Authority

………………………………….

 

 

  1. I/We, hereby present a formal statement and submit the relevant documents/evidences in response to the show cause notice dated :

[Attach written statement and list of evidence enclosed]

  1. Complete address (including postal index number/code and State) along with mobile number and e-mail address:
  2. Signature of the contravener or his authorized representative:
  3. Name of the person along with mobile number who has signed:

 

To

 

The Appellate Authority

 

………………………………….

 

1.         Particulars of the appellant:

 

  • Name:

 

  • Address for correspondence:

 

  • Contact Number:

 

  • Email Address:

 

2. Order appealed against:

Form IV

Appeal [See rule 5(1)]

 

 

  • Date of the order passed by the adjudicating Officer (Copy of order to be enclosed):

 

  • Case reference number (if any):

 

3.         Statement of facts and grounds of appeal:

 

[Provide detailed grounds and relevant sections of the Act]

 

4.         Delay condonation details (if applicable):

 

[Reasons for not preferring the appeal within the mandatory period of thirty days]

 

Declaration: I/We, the appellant, hereby declare that the facts stated hereinabove are correct to the best of my/our knowledge, information, and belief.

 

 

Signature of appellant with date:

 

 

Name of the appellant:

 

[F. No. LB-18013/5/2024-Labour]

SANDEEP GUPTA, Jt. Secy.

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