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REGD. No. D. L.-33004/99
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
6011 GI/2026
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.
2. Definitions. – (1) In these rules, unless the context otherwise requires, –
(a) "Act" means the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948);
(b) "adjudicating authority" means the Deputy Chairman, Calcutta Dock Labour Board, as specified under
sub-section (1) of section 3A of the Act;
(c) "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;
(d) "appellate authority" means the Chairman, Calcutta Dock Labour Board, as specified under sub-section
(2) of section 3A of the Act;
(e) "Form" means a form appended to these rules;
(f) "Inspector" means any person appointed under sub-section (1) of section 6 of the Act.
(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.
3. 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.
4. 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.
(2) 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.
(3) 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.
(4) In taking such evidence, the adjudicating authority shall not be bound to observe the provisions of the
Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).
(5) 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.
(6) 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.
(7) Every order passed under sub-rule (6) shall specify-
(a) the details of the contravention committed;
(b) the provisions of the scheme contravened;
(c) the reasons for imposing the penalty;
(d) the quantum of penalty imposed; and
(e) the time within which the penalty is to be paid.
(8) A copy of the order passed under sub- rule (6) shall be provided free of cost to the parties concerned.
(9) The adjudicating authority shall complete the proceedings within six months from the date of issuance
of the show cause notice to the respondent.
(10) 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:
(a) by electronic means; or
(b) by delivering or tendering it to that person or his authorised representative; or
(c) by speed post; or
(d) affixing at the last known place of residence or business of the person concerned.
5. Appeal. – (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.
(2) The appeal shall be filed along with a copy of the order of the adjudicating authority passed under sub-
rule (6) of rule 4, a clear statement of facts appealed against and the grounds for appeal.
(3) 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.
(4) Upon scrutiny, where the appeal is found to be, -
(a) in order, the appellate authority shall admit such appeal;
(b) 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.
(5) 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.
(6) 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.
(7) The appellate authority may call for the records relating to the proceedings from the adjudicating
authority.
(8) 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.
(9) A notice under sub-rule (6) or an order issued under sub-rule (8) shall be served in any of the following
manners, namely:
(a) by electronic means; or
(b) by delivering or tendering it to that person or his authorised representative; or
(c) by speed post; or
(d) by affixing at the last known place of residence or business of the person concerned.
(10) The appellate authority shall dispose of the appeal within a period of sixty days from the date of its
admission.
6. Order and penalties. – (1) Every order under these rules shall be dated, signed, and communicated to all
the parties.
(2) 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.
(3) 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:
(a) Name:
(b) Designation:
(c) Address for correspondence:
(d) Contact Number:
(e) Email Address:
2. Details of the Alleged Contravention:
(a) Name and details of the person/employer/worker committing the contravention:
(b) Date, time, and specific place of occurrence:
(c) Specific provisions of the scheme alleged to be contravened:
(d) 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]
2. 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.
3. 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.
Date and Place:
Adjudicating Authority
To,
The Adjudicating Authority
Form III
Furnishing of document or evidence by or on behalf of the contravener
[See rule 4(3)]
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]
2. Complete address (including postal index number/code and State) along with mobile number
and e-mail address:
3. Signature of the contravener or his authorized representative:
4. Name of the person along with mobile number who has signed:
To
The Appellate Authority
Form IV
Appeal
[See rule 5(1)]
1. Particulars of the appellant:
(a) Name:
(b) Address for correspondence:
(c) Contact Number:
(d) Email Address:
2. Order appealed against:
(a) Date of the order passed by the adjudicating Officer (Copy of order to be enclosed):
(b) 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.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
VINOD
KUMAR
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