90 tal-1993

SlIpplimm//D/.GuU//" /D /·Gytm /(J' MD/ID, Nrll. / j, 774, 20 /(J' L II/ill, 1993

.

T<>qslnUl 8

REGOLAMENTI TA ' L-1993 DW A R IL-HAD DlEMA T AL-PORT

Tololu u bidu fiHetltl

1.

Tariffs of Feespayable loPort Workers

Pan

I -

GeDeralCargo

Pan n -

UDilised Cargo

Part UI -

BulkCargo

Pan IV -

ShedorSlackloTranspon

Pan V -

AcromopaDied Carslolfrom Ferry Sbip

Pan VI -

Miscellaneous

FOU RTH SCHED ULE

Melhods of Calculating Ibe Tariff of Fees payable 10

PonWorkers

F1FTH SCH EDULE

-

Method ofpaymcnl to Port Workers

Houn of Port. Luve. National and Public Holida~

and Allowances

Organization . Orde ring. Allocation andSuspensionf

Cance llation of Labour

Levyoo Cargo

PensionundG n tui tles

L.N. 90 v6 199J

PORT WORKERS ORDINANCE

(CAP. 171)

POC'1 Worken Rtl1llatWn5, 1993

IN e:ren;i$e of the powen conferred by ~OD 17 of the Port

Worken Ordinance, the Minister for T.-ansport IllKI Communications

has. with the concurrence of the Miniiter of Finance, made the

following regulation5:-

I. (I) These regulations may be cited as the Port Workef1

Regulations , 1993.

(2) These regu]ationi shall be deemed to have come into

force on the I5t January, ]993.

2. In these regulat ions. unless the oontUt otherwise requires -

MaCCOmpanied motor CIIr~ means a private motor ca r

acrompanied by a persoo travelling\oor from Malta , bul man not

ioclude a private motor car imported into Malta for the fif1t time by

I resident of Maltllfter a visit abroad;

M AuthorityH mean" the Malta Maritime Authority establisbed

under the Maltl Maritime AUlhorily Act , 1991

M Board~ means the Port Workef1 Board establiihed under

section 12 of the Ordinance

MCommillee ~

means the commillee established under the

provisions of regulation 32 of th~ regulations;

'·Contractor has the same meaning as thal ass.igned 10 il by

H

section 20t the Mal ta Maritime AUlborily Act , 1991;

"Director" meanS the Exeeulivc Direetor responsible foq)()f\s

appointed under section 8 of the Malta Maritime Authorit y Act,

1991

M(;overnmcnl Silo" means the Government silo si tuated at lhe

Deep Water Ouay at PinlO Road . Marsa;

" Kordin SiloH means the g1'1lin silo situated al Magnine Wharf

againstlhe seaward face of Kordin Hill ;

Mmctric IOn ~ mean s a ton of 1.000 kilograms;

M Minister~ means the Minister responsible for pons. and

includes any pef10rt acti ng unde r his authority

··mioor son"" means a person who is the eldest or elder son -

(a) of a registered port worker who dies while 50

registered Of who retires from port work on reaching

retireme nt age , and

(b) who is over sixteen bul under eighteen years of age

at tbe lime of lIis father's death or retirement. as tbe case may

.

",

•

MOrdinance means tile Pon Workers Ordinance;

M

Mpon worker" 11115 the same meanin, as that assigned 10 "port

worker" by section 2 of the O rdiDlIllOe; and "port wort H $hall be

consuucd IOCOOrdinglo "port work" in the uid Ordinance;

"Port Workers Register" means the registe r required 10 be

kepI by the Director under subsection (1) of section 3 of the

Ordinance;

"relinos age" means the age prescribed in terms ofsectioo 14

ofthe Ordinance;

"tourist coach" means a motor coach accompanying tourists

on 1000r tolfrom Maha. but slull not include I mOlOf coach

imported inlo Malta fo r the first lime by. resicknt of Malla after a

visi t abroad;

"uni lised cargo" and " un it load" have the same meaning

lmigned 10 them by the Ordinance;

~week " for the purposes of regulation 44 of these regulations

means a period of5evcn oon5erutive daY'.

J . For the purposes of 5ection 20 of the Ordinanee. it is hereby

prescribed that the Ordinance ~hall not apply to the handling of -

(a)

cargo transported betwee n the h lands of Malta and

Goz.o I nd Comino;

(b) coke o r coal in bul k other than hagged coke or coal

(e)

oils or wines in bulk ;

(d)

cattle. horses or other animals ;

fish from fishing vessels.

(e)

4. The Director shall have overall control of all port wo rk •

including the $Upply of port workers for port work .

5. POrt workers shall not be required to handle manually the

goods specirted hereunder

cement the temperature of which at any lime elcec~

(a)

Tofsir

Ekru:joni minn ~OghOI taI·porI

3,

Id·Oirellur ikollu kontroll sbib

( Regulation 24)

Ship Foremen and Shore Fonmen engaged in tile supervision of the handling of

unit loads or unitised eargo shall be paid the following fees

DacripuQn

To Sllip Foremen cngaged in the supervision of the

unloading of ",niused cargo, per Ion .. ........ .••.•...........•... .......

loading of unili5ed eargo -

locally manufactured sooch. per ton ..........•............•............

~':dinTo~ ro;d~ ~i i;:a~~h;p~~~i ;;;~g~''::'"'' ................... ..

mo to r vehicles, mobile, unpadr.ed, per unit .,"', ..........•.••. ......

other cargo in unit Ioad$, per Ion ................................... .... .

ToShoreForcme nen,agedinthe

unloading of unitised cargo. per Ion ................................. .. .

loadif18 of unitisedearao-

locally manufactured goods , per ton ............... .................... .

~~~~~~:ra~ I::~~~ ~ii~~p~~~i ~~.~ ......................... .

motor vehicles. unpacked, mobile , per unit ......................... ..

other cargo in unit loads . per ton ....................................... .

Nott: The fees payable 10 Shore Foremen include I charge for the

provision of Il rpaulins on Iighlen and quays IIntil delivery is

effected ;n terms of the Malta Maritime Authority Ad , 1991 ,

dunnage and 10015.

Ship Foremen and Shore Foremen engaged in Ihe supervilion of the handling of

cargo, other than cargo in unillolld$ , shall be paid the following fees

ToShipForemen

engaged in the handling of coal and coke in bulk. per Ion ......... .

engaged in the handling of bulk ca rgo other thin ooaI and

coke and other than bulk cugo handled al the Gov<:mmenl

Silo. per ton ................................................................. ..

engaged in Ihe handling of general cargo , per Ion ............. .... . ..

engaged in the handling of bulk cargo at the Government

Silo . per Ion .. .... .............. ....... ....................... ................ .

ToSboreForemen

enga,ed in lhe handli ng of coal and coke in bul k. per tQn ......

engaged in the handling of bulk cargo other tha n coal and

coke, per Ion ... .. ....... .......... ............. ............. .... ......... ... .

engaged in the handling of general cargo (indulive of the

charge for the provision of tarpaulins on lighten and qua)'1'

unlil delivery is effected in terms of the Mal ta Maritime Authori ty

Act , 19I11, dunnagc: and 1OO1s), per ton .............................. .. .

SECOND SOIEDULE

( Regulation 25)

F_ .. ,able by EmpIoYflfotPort WfII'bn

PART I

I. In respect o(!he woTt described in Column I ohbe followinJ table lhere shall

be paid to the Authority the fees appearing in Columns 2 and 3 by the penons specified

li the held of each of the two oolumns in respect of pon workers engaged on pan work.

Colu mn 1

Column 2

PtlyDbkbylh~

DtKripticnofWork

~rSf)M 011 wlro.u

OWMr, rNlI/eT

o"'rOll of tI

ship

SECl10NA

Loadin,of unitised cargo

(i)

locally manufacturt:d goods ............ ..

3Ocpertonne

(ii)

an olhercargo ... .... ................ ........

3Ocpcrtonne

UnJo.ding of unitiscd cargo ... .......... .

30c per tonne

(b)

SECl10NB

Transhipment of . mitised cargo

Ioadina or unloading of motor vehicles,

unpacked, TOObile -

motorcars ............... ..... ................ Lm2.SOperunil

(i)

for each

operalion

vans ..... ... ... ................ ................. Lm3.7.5pc r unit

(ii)

for ead!

operation

(iii)

Inx;ks and chassis ......... ... ....... ........ Lm1.SO per unit

for clcb

operatioll

Provided that when the number of

unill unloaded from and/or loaded on

tbe: same ship in one operatioa exceeds

500, thc fees in respect of un ill in C l[CCi15

of 500 !hall be at the rate of .50 per

oen twn of those specified in this item.

Column 1

Column 2

Column)

Payabkbyw

DucripOOnofWork

P"yabkbYOfMr

owno, tI'Ia.U<', pnsoNo" wltoH

orrJgf:'Ilofa

MluJlf OW1tk

IJJlloniJ

"'p

~rfo""fil

Cb)

LoadinS or unloadins of ot~r unitised

carso .. ... ... ....... ..................... ... .. .. 50c per tonne

SEcnONC

Shiftins of unitised carea

MOlar vehicles. unpacked, mobile.

shifted during the loadins or unloading

of tramhipment cargo in unit loads

(i)

motor cars ................................... .

7Scpcrunit

roreach

operation

vans ........................................... .

(ii)

1000perunit

roreach

operation

(ill)

trucks IllWI chassis .......................... .

l25cperunil

for each

"""'"""

(b)

Otber carso in unit loads, i!!dudinl

motor vehide$ , unpacked , mobile , 001

beiollhifted in the oourse of tl1lDShip-

ment operations u specified in sub-item

(a) ofilem(l)oftlti!Sec1ion ............ .

J();: per tonne

roreach

operation

(2)

LoadinS or unloadin, of empty

c::ontainen .... ...............•..••.••.••..•....

5)Sc per unit

Loading or unloading of empty trailers .

50cperunit

(3)

Loading or unloading or empty

(')

containers on trailers .... .... .............. .

570cperunit

Road transpon vehicles or bowscrs.

(')

(<<eluding ship's equipment used to tow,

push, carry or move unitised cargo),

rolled off or rolled on I RORO ship to

load or unload carSO, as the case may

be ............. ... .. .............•••.•••••.......

250c per unit

in addition to

the charl" OD

cargo carried

(6)

Folding collapsiblc oontlinc:n. loaded

or unloaded

int erlocked in to one

5S<: per toone

IllIOIher

or 1.000 kiJo-

gnmm~

'"

2. For the purpose of calculatinllhe fees specified in the tariff in lhis Pan of this

Schedule, the provisions oflhe Founh Schedule shan apply.

J . The tonnage of unitised cargo 011 wtlich fees are caJculated sha1I be the actual

toonage of the cargo ~ or unloaded or shifted. CJdl.ldin& the equipmenlll$Cd

10 fonn unitloadsor 10 tow , push. carry, orotherwise move luch cargo

Provided that iD the cafe of trailers and containers, feci shall be calculated

according to Ihe following fi~ed tonnage

"'.

2"~

Con tainers

40. Containers

"'.

"SlOBS

2S IOns

Trailers

43 IOns

4Of<

Trailers

58 tons

40143 ft

Trailers Supercube

R efrigerated containers containing frozen meal. frozen fISh and frozen by-

producu of sucll commodities

"'.

18 tons

Coo tainc: rstrnlilers

26 Ions

Containerstrnlilers

4Of<

4. When the actual weight and measu~menl of carBO in respect of ea<:h bi ll of\.adiog

relative to unitised u rgo are not reoorded in ship', manifests, or billiollading, the

feel specified in the tariff ofthi$ Schedule shaH , notwithstanding the provisions of

pal'1lgrap/l 2 hereof, be cak'1daled on the basis of the overall measurement , subject

10 the provisions of paragraph 3 above.

PART 11

In ~spect of work . other than the handling of unit~d cargo. ~rformed by

I.

pori worken , the~ shall be payabk to the Authority the fea e5tllblished by mearu of

the: provisions of a regulation in terms of the Ordinance.

. '"

TIiI RD SCHEDULE

( Regulation 26)

Tarlffal Fea h y&ble to Port Worbn

PART I

""" ... e.,..

Port Wo rkers employed 10 handle lhe cargo specified in Column I of this T ariff

ibaU he paid the fees $hown in Column 4 , $UCb fe~ heing the 10lal amounl orllle fees

itKIicated in Column 2 and in Column 3 thereof.

,--

... . -- ..... - . -.' .

... ...,

-,,-

~­

".,.

t>-Jltlp',N/I

in "Sf!"t of

--

.. qooo,,,,

-.1IIIp' • .oII

-.

•.

Cemenl -

in bi& bags o r on pallets

"".

"'.

per 100

Ce menl -

in 50kg/)ags

"'.

1161:'

21Zc '

per too

b. Soda,SulpburandCoal- in bags

"".

"'.

'''''.

pe r ton ........................... .

c. Onions , carobs , OIts, pollard,

cotton seed, oiJ cake. barley, bran,

coke and malt - in bags

"".

"'.

149c'

per Ion

,,,.

d. Pot. toel

"".

I l3c'

per too

lron joists. heanu, gi rders, r.il$,

e.

melal rocI$ including.ngle iron and

5heetS, ingots

"".

soc·

114c '

per Ion ........................... .

f.

Refrigeratedcargo

Fruit in eases o r cartons

"".

'''''.

per ton

B

""

f o."-<l/iIot

~­

!r-doip"rolI

_

otc...,.,

." .... 'fIII

142(:0

Ok·

82c"

Other, percon .........................

Fruit In cases or cartons (no\

g.

refrigerated)

."".

"".

Ok·

peT lon ..... .. ..... .. ............. .

h. Scrap metal (OIl'1cr than aluminium)

- 1000<

"".

139<:·

71c'

per Ion ........................... .

i.

Scrapaluminium - 1oo5e

."".

247c·

117<,;·

per Ion ................ .... ...... ..

j.

Motor and aviation spirit in I:aIIlI o r

dnll'Il$, and explosives including

ammunilion and pyrotechnic:s

.".

"'.

91 c·

per Ion ..........•... ......... .... .

k. Chairs, loose or in bundles - each

Willows. canes ct aim;lia, in bundles

per bundle ....................... .

Empty drums of a capacity of 40

gaJlQnsandovcr

each ....... ...... .......... ........ .

Empty wine and beer casks

I.

."

,,<

each ............................... .

m. Accompanied cars (other than cars

driven on oraff a car ferry)

331c

'19<

each ...... ......................... .

""

11. To ... riSl coaI:bes (other than tourist

coaches driven on oroff a car ferry)

each .••.. ...... ....••..............

· , .

om,

"" I:m

---

""- ....

fr-1INp',..a

..a

.. oIy' •

All other cargo other than cargo in

bulk

"".

"".

per Ion ..... .... .... .............. .

Note

(a) Where denoted by an asterisk, tariff figures shllll be subject to In

additional (M:laU payment of 5 per oentum . which shall be ~yablc 10 port workcfS

actually employed on • particular operation.

(b) The fees shown above include all remuncllItion due for the earrying of

ClITJO lIC"'nSary for the perfocmance ofthc wbole operation.

PART 11

UntIiIIrd CII'gO

I. Port Workers al10cated to handle c:argo in unit loads s.ha1I be paid the fees

shown in Column 2 of this Tariff in re5pect oftbe wort specified in Column I thereof

Column I

Column 2

NiUlUto/Work

(a)

Unlo.ding or Ioadiogo! transhipment cargo in unit

loads

B 54'

CoI",mn 1

NQlureo/Work

motorvehicle$ unpacked , mobile -

(i)

(I) moIor aon

(b) vaM ................. .................. ... .......

(c) lrucb l ndchassis ........ ....................

Provided that wben the Dumber of units unloaded

from lodlor loaded 011 the same ship in onc opcntion

uceeds five hundred, the fees in re5pect of units iD

ex.ceu of 500 shall be red uced by SO per ceDlum ;

all other ",rgo ....... ... .... ................ ... .....

(ii)

(b) Unloading or loading of unitiiod c:argo, other than

that mentioned in items (I) and (b) of this pangnph ........

(c) Shifting of unitised caTSO -

(1 ) Motor ve hicles, unpacked, mobile, shifted

during the loading or unloading of uanshipmc:nl carlO in

unit loads

(b) Vans .......................................... ", .... .

(e)

Trucksand chassis ...•.... ... .. """"".,,"",,.

(2) Other cargo in unit IoIIds inducti ng motor

vehieles unpacked , mobile . not beill8 shifted in the

course of transhipment ope rations as specified in item

(d) (1) in this tariff .......•......•••••..... ........ ....... " .. "

(d) t..o.d:ing Of" WIIoadin& of empty (XlIltainen ..•...•..••

(c) Loadingorunloading of emptytrailers ............••.•

LoediIl8 Of" unloading of empty (XlIl tainers on trailers

(f)

Column I

NlWnofWork

(g) Road tnlruport vehiclc:s and bowsm (~uding

ship', equipment used to IOW, push, cany ex m<:M:: unitised

cargo) rolled on OTOrt. ROROwp to load or \lJIk)ad cargo . 2SOc pcr unit in

(h) Folding or coUapsible containers loaded or unloaded

interlocked into one another . ..•. ........ .... ..... .... .... .... .... .....

PART III

Port Workers employed to handle the cargo specified in Column 1 of this tariff

shall be paid Ihe feel shown in Column 4, such fees being the total antO\Inl (where

_.,

applicable) or llle fees indicated in Column 2 and in Column 3 thereof

-.-

. ,

~-,

~,

. -,

.

.._,"'- .......

~

~

t - . ... .

---

-~.

""lp', ..

~,-

~,-

A . Bulk cargo loaded Of unloaded

by suction plant feeding in bold « chutes

atGove mment Silo

(i) ' Wheat ................ .... .

Oa1$ and barley ........ .

(ii)

(iii) Soya beans, oil cake,

pollard and beans .........••.. ... .....

(iv) Other bulk cargo ....... .

B. Bulk cargo not loaded or un-

loaded by suction plant

a.

Wheat ... ......... ....... ... ..

B

,..

_

....

~,

~ ,

~.

'-..-

*,

tr- ........

--

-' .-- - "-- .

,"'_

MJp'.,..

-,-

-,~

-,~

b . Carobs, oats, OOllon 5ef!d

and barley ..... ............. ......... .. .

c. Other grains ............... .

. ~. Sail , und , grit and marble

duppmg ... .. .. ... ..... ....... ...... .... .

''''

c. Alfalfa, ,,... pellets. soya

,,&

bean pellets and sunflower meal ..

'"

Other bulk cargo .......... .

f.

'"

C. Bult C&IJO handled by suction

plant feeding in bold other than at the

Government Silo .......................... .

NOIc

I. The above fees include III remuneration due for the CI1T}'in& of ClrJO

necessary for tbe performance of the whole operation.

2. Bagging and tying of damaged bulk wbeat which cannot be unloaded by

suction shall be paid at double the fee for bulk wheat not unloaded by suction; and the

norma] fees applicable 10 bagged cargo dIall be paid for iu unloading.

3. The fee forthc unloading of wheal in bulk not unloaded bysuetioo from deep

unn shall be 75 peT cenlum in addition 10 the norma] fee specified in Ihis Part of this

Tariff.

4. The unloading of wile at in bulk between pipes not unloaded by suction in the

deep lanD shaH be charJed al double lbe normal fee shaM! in this Part oftbis Tariff and

the quantity of wheal so diseharged shall be established by agreement betwee n tile

master (or the clIicf officer) and the Authority .

S. Where bulk C8TJ1O is not loaded or unloaded al the Government Silo, port

workers employnilo ha ndle from ship·s tackk to stack on quay or in shed or vice: v<:rsa

the cargo in bulk specified in Column I of this nole shall be paid the fees shown in

Column 2 and in Column 3 thereof: -

_of_

~,

~,

~,

~.

e',

'-..-

_ _ M

"-"",

...... -, . -

- .-

-_of

.--

.,.,...,

.0"

MJp'.,.;/

~,~

~,~

~,~

(a) Wheat ....... ... .......... .... ......... .............. .

,3<

'"

(b) Carobs, oats, ootlon sud and barley ........ .

47,

(c) Other grains ......... ....... ....... ............... .. .

"

,1<

(d)

DeffUD, marblechippiop .............••.. .......

49,

(e) Other bulk carlO .................. .... ......... ... .

"

Note

Tbe above fees include all ~muneration due for any trimming which may be

ntceuary .

6. Port worten emp~ in the hatwlling of bulk CUJO to pedorm the

opeations specified in Colwnn 1 of lhis note shall be paid the: fees shown in Column 2

thereof:-

Ca) BagingandJyina ........ .............................................

17c

,7,

(b) Suction planl feed on deck or lighter

(c) Buckelronveyor fceding'

27,

(i) Grain other than wlleal

Wheat •••••••••••.••.••. "."........... ... ........................

16<

(ii)

Note

Tbe fceaibown .gaimt ilem (.) d1&lI be in addition 10 Ihe fees shown in nole.5 of

lhis Part of Ihil Schedule, Ind the fees shown Isaimt items (b) and (c) Ihall be in lieu of

the fees shown in Column 3 of nOle .5 ofthis Pan of this Schedule.

7. Notwithstandins anythins contained in this Pan of this Schedule, port worten

cmployt:d to load or unload wheat in bulk or other bulk earlO throush the Kordin Silo

shall be paid the fu of:zes per metric Ion

B ,.,

Provided that when wheat in bulk or olher bulk cargo is transferred from

Kordin Silo 10 other silos or to warehouses for Iotal use or consumption, such

wheat in bulk or other bulk cargo &hall be deoemed 10 have been handled al the

~r1l!Dent Silo and the appropriate fees specified in this Part of this Schedule

wll be payable.

8. The fee o(2e5 per metric ton sliaJ l be deemed to include all remuneration for

all work that may be lM'CM"ry for the wbole \(lading or unloading operation.

PART IV

Shed or StKk 10 TrlUllpOl't

Port Workers employed 10 handle, from shed or stack on open quay to t.-.nsport ,

the ClrJO specified in Column 1 of this Tariffshall be paid the fees sbown in Column 2

oc in Coh""n 3 thereof locording to the type of open-Don performed

""""-

---

...

~. -

""-...,.,

~

Frot.en meal

per Ion

Cereals induding bran, pollard, and canary llecd

a nd sail, in bags

21,

per 100

Oil cake in bags

21,

per ton . ... ...... ... ........ .•.•........ ....... ....... .

Sugari n bags

periOD .......... ...... ............ " •.................

Timber

per Ion ... ........................................... ..

L.P . GasCylincien

per cylinder

Seed potatoes

per bag .................. ............................ ..

4c

-.-

B illllDCD and Asphalt in drwm

pn toll

..••..........•••••••.• " ..... ..... ...... ....... .

Any substances in bags or in drums rOT \ISe in the

,3<

oil industry ... ............. .... ...........•••••••••..........•.•••

TIle fee shown in Column 2 in respect of the item ~Oil cake in bags~ ""'" be levied

imspective oftbe average weighl of, or the weight ofindividual bags. and iDdudes all

mnunentioo due for the handling of bap for weighing purposea.

PART V

A_,.

' lfc.....wrr-FenySWp

'There shall be paid 10 Port Worlr.era I fee oflm 1.2S<::per unit in respect of -

1. (i) accompanied can ; or

(n) canvam, [ugpJe. trailcn , boats, or empty hone boxes on IOW of

1oCDODIp"0ied eatS; Of

(iii) boaU or inflallble rafts carried 011 aa:ompanied caJ'l;

not canied under I Bill of Lading

Provided the aa:ompanied can and any of the items (ll) and (ill) specified

above IlTe driven on or off. 5hip and do not require bandling between decb .

'There $baU be paid 10 Pon Worken I fee ofLmS per unit in respc:a OflOllrisl

2. """"" ,

Provided the tourist ooac:hes an driven on or off • ship and do not require

bandlin, betwc:cn doeb.

B S48

PART VI

..-

1. Any pon worker employed .. I winchman. e:lIn driver . heavy pla nt driV1: ' 01"

utrl signalmaa fo r any onc OPCIllOOn, shall be paid • fee of Un3 per hour, subject 10.

minimum period of 4 houn.

2. Port workers employed to perform the following port work in enclosed port

areas , with rt:gard 10 the handling of unitiscd eargo. that is

(.) the packing and unpacking of QOIIlainers;

(b)

the loadin, and unloading of traileR;

....... '

(cl

the dUm.ntiin, of other unilloads on qUI)' or in warehouse or stacking

(d) the sorting of cargo so handled .ocording to main bill of l.ding marks and

the Jtac:king of such eaTgo on quay or in wlrcOOuse; and

the ooniiOlidation of unit loads {o r loading on board. ship;

(c)

shall be paid:-

(I) when cnpacd in the mornina. I fee of Lm3 per man per day or part

thereof, uoJess Ihey requesllo be and are released from port work before noon, in

which cue they shall be paid. fee of Lm I.SO for the half day or part thereof ending

at noon;

(2) when engaged to work between 1300 houn and 1700 houn. 11 fee of

l.ml .SO per man for the half dlly or part thereof.

FOURlli SCHEDULE

(Regulation 27)

Methocbcltakulllthl& llM: Tllrlffof FftI pay.bIe to Port Worken

1. For the purposes of this order MgninH includes any corn. rice.

~­

of ......

paddy, pulse (Le. peu, beans and other seeds of leguminous pllnu),

seeds. nuts or nut kernels, and .any mixture or combinltion or offals

thereof.

2. 1 Where a fee shown in !be Third Schedule is payable per ton, it

... CIf

'd •

shall be cakulated per Ion weight of 1,000 kilos or ton measurement of

ofTotiIIL

40 cubic feel, whichever istbe greater,

2,2 'The provisions of paragraph 2.1 above shall DOl apply in

respect of che cargo specified in Column 1 of the Table immediately

following in paragraph J below, in respect of which cargo the fees shown

in the Third Schedule shall be calculated asspecified in Column 20fthe

said Table.

3. The Table mentioned in paragraph 2.2 above is the T • .,..,.

following:-

TABLE

Column 1

Column2

3.1.1

Aour, grain, sugar, caroL(! nuts, briar

wood , onions, and coal and coke, in

bags

on a weight basis

3.1.2

bulk cargo

on a weight basis

frozen meat

on a weight basis

3.1 .3

3.1.4

wine in casks

on a weight basis

3.1.5

earthenware pipes, bends and fittings on a weigtll basis

3.1 .6

loose scrap metals

on a weight basis

3.1.7

scrap aluminium loose. packed or

bundled

on a weight basis

3.2

Groundnuts in bags

at three times the

weight

3.3

Empty drums of a capacity of 40

gallons and over ... ...... .. ... ............

per drum

Chain in bundles or 1005C

perchair

3.'

Willows, canes et similia in bundles .

per bundle

3.'

3.6

Unpacked mobile equipment con-

signed to or shipped by the Malla

Gnvernment ............................. .

where measurement

e ~ceeds

weight by

more than five times ,

at five times the

weight

3.1

Bagged cargo wct at time of handling

at double rate

3.8

Corpses ....................................

at double

general

cargo rate

Aocompani cd motor can and tourist

coaches .................................... .

per car or tourist

=,'

Column 1

CoIwnn2

3. ]Q

Potatoes in ba&,. chests, boxes Or

atone and. hal ftimes

similar packing .. •........... ,., ' "

_iall!

the dead

loonage of I ,(IX) kilo.

perIoD

3.1 t

Folding o r

rollapoiible

containers

loaded or unloaded in tcrb:kcd inlo

onc IlIlOthcr ... ......... ....... •••...... ... o n a wdghl basis.

4. The measuremen t tonnage of drums shall be CIIIcuJaled by

muhiplying the square of the diamele r of the ba5e of the dn.un by the

height of the drum.

5. Scrap metals in drums or .,.le5, other than aluminium in bale5

Or bundles , shall be considered ItS general cargo for the pUrposc$ of the

Third Schedule.

The tariff for loading broken glass de live red ~ on quay

6.1

shall be double the normal tariff for other bulk cargo.

6.2 1'he tariff for loading glass delivered in o pen drums shall be

the normal tariff for other bulk cargo.

7. 1 The f~cs p'yable for the handling of salt shal l be calclllated o n

the weight shown on the bill o f lading. but if tile actual weight landed

c:<~eds the weight shown on the bill of lading, the feel shall be

calculated on the actual tonnage landed .

7.2 The fees in respect of wheat in bulk not landed at the

Governme nt Silo shall be payable on the tonnage shown on thoc bill of

lading; any difference between that tonnage and the tonnage ac:Iually

landed shall be paid by the employe r, or if more than Olle by the

employers in proportion to their allocation, and if wheat is wholly or

partly unloaded by shoulder, su<:h difference shan be p.y.ble at

shoulder rates.

8 . 1 All ammunition shall. for the purposes of establishinll the fees

payable in respect thereof , be treated as explosives unle5o$ the

employe r -

informs the Authority , before the operation starts, Ihat

8. 1.1

the ca rgo in question is free from explosives; and

8. 1.2 supports that declaration by documents.

9. Where any cargo is Short-shipped or lost in transit and duly

vouched for in the ship's documents. no payment shall be due to pon

workers; other cargo short-landed 5hal1 be paid for as per lhip's bill of

ladi ng, but shall not be charged for again by port worken if eventually

haTKIled.

10. For the purposes of calculating the fees in respeCl of unitised

cargo specified in the SeC()l1d Schedule, the provisions of this Schedule

shaH apply

Provided that the tonnage of unitis..d cargo on which fees are

ca!eulated shaH be the actual tonnage of the cargo loaded Or unloaded or

shifted excluding the equipment used to form unit loads or to tow, push,

carry , or otherwise move such cargo;

Provided funher that in the case oftrailers and containers, fees

shaH be calculated according to the following fixed tonnage

"'I<

Containers

23tons

4<'"

Containers

4510ns

2S Ions

20ft

Trailers

401<

Trailers

45100$

58 tons

Trailers SUpeTCube

40143 ft

Refrigerated Containers containine fro~n meat, frozen fish and

frozen by-products of such commodilies

201,

ContainerslTrailers

18tons

401,

ConuunersITrailers

26tons

11.1 For the purposes of paragraphs (a) and (b) of regulation 38

of these regulations, employers of pon workers shaH pay 10 the

Authority:-

11.1.1

thefeenpecified in the Second Schedule hereto; and

11 . 1.2 the levy specified in the Eighth Schedu!e hereto.

flFll-l SOIEDULE

(Regulation 28)

Mt'tbod or payment to Port Workers

The paymcm of a COi!It of living increase or bonus or of any other illCrCMC in the

wages of pon workers together with the relati~ fees due to them under the Third

Sehed"le shall be made in the following manner-

(a) a em!. of living increase or bonus or any other increase in the .... ges IhalJ

be paid to pon workers on the 15th day of ead! month

(b) the earnings due to pan ","orkers fo r the pre'liou$ month shall be

distributed equally, after all requisite dcd"ctions have been made , amongst pon

wo rkers , on the 15tb day and the last day of the month

Provided that if such 15th day or such last day of the month happelllto be a

Sat"rday, Sunday or National 01' Public Holiday, payme nt shall be made on the

preceding Or subsequent da y neara tlo the ISth day OI'the last day of the month ,

S IX1l{ SCHEDULE

(Regulation 29)

Houn of Port, Leave , National alld Publk HotidayslJld AllowaDall

I,

l11e wo rking ho urs of the pon shall be 24 hours, seven days a

week ,

Pon work shall be organi%ed as folloW$

2,

(a)

On a da y basis

From 0800 hours 10 1700 hours including a one hour',

bre ak between 1200 and 13(10 ho urs; or

(b)

On a twenty-four hour shifl basis

Day shift from 0800 hours 10 1600 hours

E ve ning shift from 1600 hours 10 2400 hours

Nighl shifl from 2400 ho ul'$ to 0800 hours; or

SS3

On a fourteen hour lhitt basis

(c)

Day shifl from 0800 houn 10 1500 hours

Eveni ng shift from 1500 hours 10 2200 hou..,.

Provided that ~hift work on a 24 hour basis rould slan either at

O8OOboun, or at 1600 hours or al2400 houtS.

Provided furthe r mal port work oould be carried OUI also on

the basis of any IWO consoeculive eight hour shifl or on a single eight or

seven hour shift.

3. To each pon worker actually employed during night shift or on

Sundays or National or Public Holidays, there shall be paid in addition

10 the fees specified in the Third Schedule , the following fecs:~

In respect of work performed

(a) On nigh t lhifl from Monday to

Salurday : .............. ...... .... ....... ............ .

l..m 5per man

(b) On Sundays and National or Public

Holidays: ........... ... ............................. .

l..mI Operman

4. It shall not be obligatory for pori worke rs to work on tM: 3151

day of March. Good Friday. the first day of May. Christmas Day and

New Year's Day. on the afternoon of the 24t h December (ChriMmas

Eve) and after 5.00 p .m. on the 3 151 December (New Year's Eve),

ucept for work which the Director may authorise in circ umstances

which constitute an emergency in respect of any ship Or cargo. or for

port work wllich the Din:C1or may authorise after consu llalion wilh the

emJ>loyers and the port workers' rcprc..,n t atiw~ .

For the purpose of tllis paragraph. the handling of baUlge to, on.

or from emigra nt shi ps. the lIandl ing of mai l~ 10. o n. or from . • we~ 1

which is leaving port on any of the aforesaid days. I nd the lIandling of

cargoOfl or from. sllipon fin:, shall constilu te all e rru.rgency for which'

no ooMullalion sllall be required .

For tile purposes of thi s Schedule, Mllational hoIiday~ and

5. national or .

~public holidayM mean any day which is 10 be kepi as I

pu blic holiday in terms of, or by virtue of any order made under, the

Natiollal Holidays and other Public Holidays Act .

6. ( \ ) Port workers may be allowed leave of absence by the

Authority for a period nol exceeding thirty days in anyoDC YClr and by

lhe Director for sucb fu rther period as be may consider justified.

(2) Thc flirec!or may also allow port workers emigration

lea ve no! Clceeding thiny months in any five year period.

B SS,

SEVENTH ~EDULE

( Regula tion 30)

Orpnlution, Ordninc. AIIoaItIon and Sni p I ...... I/CantdlMIon 01 Labour

I. All port workers appearing on the Pon Worker$ Register shall form one

homogeneous se<:tio<1 and shall. in conformiry with the provisions of 5edion 2 of the

9rdinance, perfonn port work a)I1$i$ling of or involving

operations on a !lhip IUld fronuhip's hoIdIde<:k 10 $hip's rail or vice-vena,

(a)

in conneclion wilh all cargo, includinac:argo in bulk ;

(0) operations under $hip'slaCkle including slinging and unslinJing, stowing

and Slack ing on Jightcf"5 . milcrs o r other equiplnC'nl or on q .... )' .. ship's s.de ;

operations from lighters toquay , from lighters. orquay IOstack inwarehouscoron

quay or sLadinggtOl.lnd or on truck or vice-vena, including the identilic:ation and

sorting of goods to bill of lading shipping marks. the Jl.aCking or slowinllo IlU(h

marks as directed by the employer and the pfOYision of d~rs for mechanical

handlingequipmem othf:r than fork lift truc::ks and cranes;

the handling of such cargo as is pre$Cribed in regulation 21 of ttlne

(c)

regulations;

(d) shed wOO wben they arc employed for thi$ won by the Director o r lIis

OOI'1 tl'llctor as the case may be. provided that they may be required to work on a

quay and/or in a warehouse with comp lete flexibilily and without being tied down

to spe<;ifie jobs;

(e) the handling of unitized eargo on a 5hip , on a q uay and in a wareho use ,

induding the IaWng, unlaMiing, slinging, unslinginl, hooking and unhooking, of

cargo in unit loads from !ohip 10 quay or stackinll ground or wareho use and

vlce-vel'$a, provided that port wcrl on shore shall be performed only when it

constitutes a continoous operation while cargo is in the CUStody of the Director o r

cfhiscontractor, as the case may be;

bagging and tying;

(Q

(g) the duties applicable to winchman, driver, heavy plant driver. and

signalman.

Orders for labour are to be made to the Authority in all ca'IC~.

2.

3. llIe order in which port workers shall be supplied to ships shall. save as

o therwise provided. be the working priority of the ship. that is to say tile order of the

ship'san1val in port

Provided that if a ship not yet in port has ordered night work gangs. that ship

shall be deemed 10 have arrived at noon and any other ship anivinl in port and wishinl

to wo rk on that day shall be supplied with port workersacrording 10 her time of arrival,

so however that a ship arriving between 11.00 a.m. and noon shall be deemed to have

arrived a t 12.01 p.m . for the purposesof establishing her working priorily .

4 . SUbject to the p rovillions o f this paragraph . an order for port wo rken to SW'!

work may be pllK:Cd at any time o f the day

B SSS

Provided that

For night shift. an order in writing shall be placed by noon of the ~vious

(1)

day ;

(2) For Saturday or national or public holiday work , an order in writing shall

be placed by l700bours on the previous evening, while for Sunday work it shall be

placed by nOOl'1 of the previous Saturday

Provided further that

<i) wben work is required on I. SJturday whid! loIlow$ I. national or

public holiday, the O«kr lihall be placed by noon of the !oaid national or public

holiday ; and

(ii) when work is required on a national or public holiday which follows

a Sunday or another national or public holiday . the order shan be placed by

noon of the Sunday or of the said other national or public holiday. as the case

maybe.

5. (l) When placing a reque$t for labour, the owner. or master or agenl of uhip

or any other employer of port workers, shall provide the Authority with the following

infonnalion

(a)

the approximate time whcn port work isdue lostan ;

the ~oIU1'11e and ruolUr'Cofcargowhich is 10 be bandied ;

(b)

(e) whether he opts 10 wor\: on a day basis or 00 a twenty-foor or founecn

hour shift basis; or whether he opts to work on the basis of two C()Ilseculi~e eighl

bour shifl or on a single eigh t o r se~en hour shift;

togetherwilh any other further information which the Authority may request.

(2) The inlonnalion requested in sub-parqrapll (1) of this panlgnph must

reach the Authority noln than twenty-fooT houn prior to the arrival of lihip in port

Provided thal in the C~ of ~oyages which would take less tllan twenty·four

houn in o rder that ship reaches Malta, this infonnation shall reach the Authority as

early as possible bUI in no ease: latcr than four hours before ship enten harbour.

In response lOorders placed bytheemployers. the AUlhorityshaU supply

6. (I)

port wOrken SUbject 10 the provWons of this Schedule

P rovided that if there is danger thal a ship may lea~e with incoming mail or

withoot loading oulgoing mai l. the Authorily may make all rel\lloOnab1e

IlITIngcmenUl for the unloading or loading of such mail. and need not supply port

worlr.eT5 ao:onIing 10 the roster.

(2) The number of port IJ<Ofkers inclusive of drivers. windunen and/or

signalmen , where applicable. to be allocated for an operation and tht: approxim ate lin1<'

necessary 10 complete the operation. shall be detennined jointly by two repn:sentativ~

of the Authority and a represe ntali~e of the port workeR. The decision reaclled shall be

Provtded that the employer of port wo rkers. may, while the operation is in

progress. request I revision ofthc decision

Provided further lbat if a dispute ari$e$, the manCT mall be brought for the

consideration of the Port Disputes Board in ~ ... th the provisions of the

Ordinance , wilhoot the stoppingofportwork , unless in case o f evident danger.

7. 'The Auc)lority shall wpply port workers in the order in which they appear on

the roster.

All port workers, engaged on a shift basis, sllall be allocated to a panicular

ship or operation at the IlI\IIlC time aAd in the order in which they are registered on the

Port workers who are reque5tcd to perform put of • shift sIlall be eonsidered

as if they bave worked . whole shift.

8 . When port workers have been allocated 10 • Ih,p or 10 an openlion, no

increase or decru5e in the number of port w ori:CfS shall be allowed, $8:VC.u provided

fOf in this Schedule.

When labour i, supplied to a ship or 10 an operation

(a) Port workers .1IQQlled 10 port woO; on. day basis shall be re-registered

on the roster in the order it> which won: 11 a particular bold of I ship is completed ;

(b) Port workers allocated to port wo rk on a shift basis shall be re-rcgislcTed

OD the roster 35!1OO11 as the ship completes work in the !WIle order in which port

worken were allocated 10 the panicular ship

Provided that if more than one ship. hold or shift completes at the same

time , then the men concerned mall be re-registered in the:same order as that in

which they were allocated to the work just completed

Provided furthet that port ... orkers, allocated 10 Iohift work , but ... OO did

not attend 10 pori work al any time , shall be re-regi:<tered on the nl$ter before

th05C pan work ers who have actually worked on thal particular shift.

\0. (1) Pon wo rkers due: for work !hall remain available near the offices of the

Auttlority Wltil they arc: allocated wor1i: or relea5ed.

(2) If a port wo rker fails to comply with the requirements of sub-paragraph

( I) of this paragraph o r fails 10 report for work with no valid reason to justify his

abseoce, the Authority may make a proportiolu.1C deducti<:m fronl the earnings of that

particul:u- port woRer and !haD report the maller to the Port Workers BoanI for any

action the Board maydccm proper 10 take.

(3) A masler, agen t or owner of a ship, or importer who informs the

Authority that he ;nlend!lto place an order for port workers on thallllmC day $haD , if an

order is IIOt planed. pay the IWJl of Lm2 per man per hour or pan thereof in I cspeC1 of

$Uch port WQfkers retained after 1100 hours to be allocated in acrordancc with that

B ID

11 . When the master of • ship or his agml fails 10 place an order for labour in the

order of the working prioriI)' of the ship, that $hip shall forthwilh forieil ber workiD&

priority until the folJowin& morning.

'The canceUation of orders shall be governed by the followina rules

12. (a) an onSer for night $hift on a $hip not yet in port may be cancelled up 10

noon of the previous day.

(b) an order for work on I Saturday. I Sundayor I muional Of" public holiday

may be cancelled up to tbe time limit spec:ir.ed in $ub-paragrl ph (2) of pu1Igr1'ph '"

oflhis Sdtcdule for the m. killl of the rt:1.ti~ order;

(t ) if a n order fo r night shift or for Saturday. Sunday or nalionlll Or publie

holida y work is cancelled afler the lime limi l$ set ou.t in sub-paragraph (a) or (b) of

lhis paragraph., the owner • master or agent of tbe Ihip in qualion $hall pay I fee of

Lm2 perman allocated 10 Ilhiporoperation logether"';lh any ni&hl mifl . Suoo-y

or national or public boliday aJ lowlI.ltC:Q, where appticabk , which amounts shall be

distribllted equally amonp:l port workers, and

(d) for the purJI(*:S of t/li$ pangraph an order is c:aJ"lCeUed wnen the

employer notifies the Authority of his definite intention not 10 employ the port

workersordeud.

13. (I) No port worIeT shall absent bimsd! from work without j\lftifying his

absence 10 the satisfaction 01 the Authority.

(2) In the case of iU~, port workers Ihall produce • medical certificate

issued by. medical officer appointed by the Pon Workers Board.

(3) No rnedicIl eertificltes produced by • port worker in ~ with

absence due 10 iUocss or with any other matter conncded with port worlr. shall be

aa:epted as being valid for the ptIlJlCIM!S of this order un1es5 sudI o;ertificl&e

(.) is issued by a medical officer appointed for such ptlrpox;s by the Pan

Workers Board;

(b)

clearly specifie$ the duration oltinle in respect of which it is made ; and

(c) is produced to the Au thority on the same d ate on which it is lianed o r

early o n the following day .

(4) If. port worker fails to comply with the requirements of sub-paragraph

( I) and (2) of this pangraph , the Authority Ihall report the matter 10 the Pon Workers

Board fo r lIly action the Board may deem proper to take .

14. 1lIe nwnber of port won.ers allocated port won. on Deep W.tet' Quays sbaIl

be d eemed to inI:lude at least ON: dri~r for mec:banicaJ handlinA equipment other than

fork lift trut:ks and aanes.

15. Leaklge5 on board $hip Ihall be gathered and packed or baggW by port

workers.

B SS,

EIGHI1-I SCHEDULE

(Regulations 25 and 38)

1. The owner, maSler or agent of a ship which loads or unloads cargo in a port or

any other person who employs port workers or on whose behalf pon workers are

employed, shall pay to the Authority a levy of32cS per ton of ClU"go loaded or unloaded.

2. For the purpose of eaIculatiq the levy specified in this Schedule the provisions

of the Fourth Scedule to these regulalion$ shall apply.

3. The tonnage of unitised cargo on which f~ are calculated shall be the actual

toMage of the cargo loaded or unloaded ue1uding the equipment used to form unit

loads or 10 tow, push, carry or otheJWisc move sud! cargo.

The provisions of this Schedule shall not apply 10

4,

(i)

Locally manufa<.:tumi goods loaded on a ship for expon.

(n) Transhipment cargo.

(iii) Cargo unloaded and eventually re-loaded on a ship in the process of

shifting cargoon, from, or 10 that ship.

(iv)

EmptycontaillCl"S.

Empty trailers.

(v)

(vi) Road transport vehicles and bowsers rolled on or off a RORO ship to

load or unload cargo.

B

",

Exemption from port work

Director 10 have overall control

4.

(Regulation 39)

d _ _ G . . . . . .

P

t • The full pension rate shall be LmS/IO per man per ann1,L/tl.

2. Pon wOOen whQ, during cM five year period eoding 00 the fourth day cl

April , 1973, have reached the ageof63yean Of more and who have not been repoiw.&

for work, or who resigned b ut were not replaoc<l by • iIOD, or brother, shall, in respect of

the period of absence shown in Column I of the following table, ~ivn pension It the

rates shown in Column 2 thereof

Column 2

Colwnn t

PmodolA.~

lm116pc:r man per annwn

(a)

Between 4 and 5 )'em

Lrn2J2 per man per annum

Between 3 and 4 years

(b)

lm348 per man per annum

(c)

Between 2 and 3 years

(d)

Between 1 and 2 years ............. .... ...... .

Un464permanperannum

Lessthanlyear ... .... .... . . .... .... . .. . .... i..mSSOper man perannum.

(c)

For the purpose 01 paragraph 2 allhis SdleduJe, the period of abKooe shall be

3. calcula ted as follow5

(a) "year" shall be taken to mean the period between the fourth day of April

of any onc year and the third day of April of the IIClII following year; and

(b) the periodol ab!lence in respcaolponworker shall bcdeemed to be the

period between his last attendance for port work and the fourth day of April, 1973

Provided that-

(i) where the period between the last and previous al~ is onc

year or more, wch period shall bccak:ulaled as bein, a period of absence; and

(ii) where durin~!be five year period mdina on !be fourth day of April ,

1973. periods of absences have not been oontinuous, the period of absence

between one attendance and another shall be taken inw IICOOUIlI if SI.IdI period

of absence is one year 0.- more.

4. When a port wor\:er who i$ on gertified sid< leave receives full earnings as a

member of his regular gang. his absence OIl sudI omified llid: leave shall 001 fXlUIIll5

being a period ofabsence.

,.,

Pon worlr::crs who, before lbe founh!by of April. 1973. -

5. <.) were 63 yearsofagc orO\lcr;

(b) ha~ not reptered for work or who, having resigned, were 11()( teplaoed

by 1 50ft or brother; and

hne been absent from wart for • period of time in excess of five

(c)

eonrin\lOUS yean from the fourth (!ay of April 1973, shall be paid . ()I1C:Ie for aD

gratuity of l...m276, notwithstandinl tblt lbeir daim for • grawily had been

approved bcfou the ninth day of April. 1973.

6. (I) Port worken who, during the [IVC year period ended on the fourth day of

April . 1973, tt.d reacbed the age of61 ycart or man: aDd wbo had resigned during the

five year period ended on suc.:h date and were repIac:ed by. son. or brother , shall. in

respc:c1 of the periods of absence shown in Column t of the follawin& table , receive a

pension I1 the rates shown in Column 2lhcreof

(""'urnn 2

Column I

Period of Abunet'

<.) 8erwecn4andSyean ............ . . .. . ... . . .. Lm116peTmanperannum

(b) Between 3 and 4 yean

I.m2J2 per man per annum

Between 2 and 3 ycan

I..m348 per mM per annum

(0)

Lm464 per man per annum

(d)

Between I and 2 years

(c)

I...ess thanlycar .•.•..•. ... .. . . .. • .... ••..•..

I..m.S8}pcr man pcr annum .

(2) Port wonen who durinl the five year period a>ded on the fourth day of

April , 1973, had resigned when they wen: O'I'ef forty·flVe but IInder sixty-ooc: yCaBot

-se and who were replaced by • !lOll or brother sIuUI .cuil'<: suc.:h part of the fuU pension

as the Minister responsible for portS may, 01\ the advice of lbc Committee appointoc\

under regulation 32 of these regulations, from time to time , detcnnine aftcrtaking into

account the period of abscl'lOC of ,u.o,:h port worker

Provided that IIUCh port worken sbaU be require:! to prove to the satisfaction

olsucb Committcc that they had resigned on modicaI JIOUD(Is.

B ,.,

7. NotwitlJost,ndi", the provisions of tbiI ~ •.• port worter who. bavin&

been registered iD the Bulk C&rJo Worken Section c:.tly, qualifies for . ~ in terms

of these n:gula!ions and who, during lhc ,""cM: months immediately pr"""""in. his

retirement, earned his 101.11 inoome shown in Column 1 of the foUawin, table ahall be

paid a pension al the rate as llhawn in Column 2 lhereof

I~

Be tween Lm2!X) and Un4(X) • . • . . .. . • .. . . ••••••••• . • .

Lm377

I' all ........... .

lm259.

Earned less than Lm200 or no income

lppobto1it .. rnOI.D ...... ' .. ",,' .. ·~ 1~ loooiIjo _ ~".,. Do"_.·ofl"",,

Mj<bu", ft.I,,_njo w.o..," _ _

.... """""'-'" - , ,.,.,.

Haddic:matal-pon mtlw: metltiep jimmaniggawterti oggetti

5. F~II

6. R~bbilll ta ' F~II

7.

Port worken ncM req uired to handle certain goods

6. Foremen

Responsibility of Foremen

Port worken to work with IOOI!. supplied by Ship Foreman

8.

lI-tladdiema laI-port j.ahdmu b'gttodod magl"ltula mill-Fortmllll tal ·Bastimenl

Registru la' Haddiema Prospettivi taI·Port

9,

Registru ta' Haddiema taI·Pun

10,

11 .

Ingatprta'lIaddiematal-pon

Prospective Port Worken Register

PorI Worken Register

Recruitment of port worken

Complement of port workers

12.

Numruta'lIaddiematal-pon

Eligibility to fill vacancies

Replaccmenu

14.

15. Fillingofvacancies

M ili ta' Yakanzi

16,

RegiSlrazzjoni la' iben lIaddiem taI-pon 6 jmul b'komegwenza ta' disgnl:zzja fuq

~ogl'lollal-port

17,

Ittir VoIonlarju

18, C:ertilika\ la' regislr1U2joni U kara ta' identitA

19, T igdid ta' regislr1U2joni

20,

Dmirijiet la' l-Awtorit.t.

21 . Mcrkanzija gIIall-linijiel tal-lif";ra la' lIaddiem taI-port

22,

KSl>r tar·roslt r

Surcha~ amministral1iv

23,

24, Tariffi : Fortmtll

Registration of son of port worker who di" following accident on port work

Voluntary Retirement

I g. Cert ificate of registration and ide ntity card

Renewal of registration

Duties of Authority

Ca'lo for purposes of definition of port worker

Disruption of roster

Admin istrative sureharge

Tariffs: Foremen

Tariff, : Bye mployen ofport workers 10 Authority

Port WQrkers' tariffs

Methods of calculating the lariffs

Method of payment to port worken

Regular working hours and public holidays

Orderi ng oflBbouT _ ,ancellalion of ord",rs

Pension and Contingenq Fund

Fund Committee

Administration ohlle Fund

Annual reports and information

Investment of mOMY' remitted to the Fund

8 S17

AlKliling

]7. Commillee 10 ngulale procedure

n-K umitat jirregola I-pu)l:edul'll

Finanv ghall-Fond

38.

39. Pens;oni

financing the Fund

39. Pension

Pensicm 10 widows and heirs

Reli n menl on medical grounds

Service to qualify for pension

G ratuityon ntireme nl

Insurance policy

Po_rof the Commillee to investigate clai"",

PoIu ta' assiguou:zjoni

Setgha taI-Kwnitat ~ jinvestiga taltnel

Rerovel1' of gratuilY in respect ofinjul1' caused by wilful act or nepgence

46.

traskurngn;

Zieda fiJ·pagi tal-haddiema tal-port

47.

Incn:ase in wages of pan workers

Guaranteed earnings

Revokes L.N . 45 and L.N . 46 of 1966.

Fees payable 10 Foremen

FlRSTSCHEDULE

Tariff A - Uni tised Cargo

Tariff 8 - General Cargo

SECON D SCHEDULE

-

Feespayable by Employersof Pon Workers

7"C;

(b) caustic soda in bap of Dny type in loose fonn ;

(c) any package lne ~iglll of wh ich e.ceeds SS kilograms.

6. ( 1) The Direclor may. in IUs discn:lion and subject 10 I~

provisions of the Ordinance, issue a licence to any penon to act as

foreman of port workers.

(2) The Direclor shall nOI issue a licence under Ihis

regulation unleu he is Jatisfied that t~ penon applying for a licence -

islM:rtheageol2S~ars;

(a)

(b) has had adequate experie nce of cargo handling

operatlO1lS

(c) is a fit and prope r penon 10 be lice nsed.

(3) "The fee payable by a foreman in respect of a licence 10 act

as foreman shall be LmS per annum payable on the issue and on elKh

renewal of t~ licence.

7. ( \ ) Foremen of port workers shall use the tools which in Ihe

opinion of Ihe Di rector are deemed to be: prope r and sui table for the

work in harK! .

(2) DiKiplinary action u contemplaled in KClion 5 0I1he

OrdinllIlCC mly be taken apinst fo remen of pon workers who by failing

10 use proper tools u required in paragraph ( I) of this regulation cause

damage 10 cargo.

8. ( I) Port work ers shall work wilh the lOOS arK! equipment

chosen by the Ship Foreman.

(2) Port workers who fail to comply wi th t~ requirements of

paragraph (\) of this regulation lhall be reported by the Authority to the

Port Workers Board for any action the Board may dee m proper 10 take .

11. (1) There shall be esta blished a Prospective Port Workers

Register.

(2) The Boardshal1 registeron Ihe Pro5pective Port Workers

Registe r any Maltne national who reqll~s to be $0 registered and who

Jatisf.cs lhe requireme nts 01 thne re~ulation5 wilh regard to his

eligibili ty 10 be $0 regislered.

10. There shall be est abl ished a Port Workers Register in which

all port workers shall be reginered .

11 . (I) Port work ers ""all be: recruited from the PTOlipeclive

Pon Workers Regisler by the fi lling of vacancies occu rring through t ~

death or retiremen t of a port worker made in Bcxordance with the

provisions of Ihese regulations.

(2) The vacancies whicb ~hal1 IJ:e fined shall, be, those

determined from time to lime by 'he D,rector In order 10 mamtam., all

times the full complement of port worken in &coordance with the

provisions o f these regulatio ns.

No person shall be eligible 10 be registered as a pori

(3)

worker unlc::55 he ;

isovt:r the age of 18 and under Ihe age of 4S yean

(I)

is exam ined by • Medical Board appoinled by the

(b)

Ministe r and is found to be physically fil for port work;

(cl satisfies the Board that he is. fit and propeTperson to be

a port worker; and

(d)

has never been convicted, or has never been declared

guilty, of thdt o r fraud.

11. ( I) All pan workers appcari n& on lhe Pon Workers

Register shall form one homogeneous 5«tion and shall perform such

duties consisting o f .n work from hold to ,!'lICk , stacki ng ground or

warehouse or vice-verJa.

(2) 1be com~lMnl of pon workers lhall for the period

.,40),

starl ing h t Jan uary 1993 be fixed

and sh.1i include windunen .

driven a nd signalmen . The complement of pan workers shall be

reviewed every two yeal"$ by a Board, consi"ing of a Chairman, who

sha ll be nominated by the Minister, two membc: l"$, representing the

Authorit y, and two me mbers, reprcscnting the pon worke rs.

(3) In ill determination of the required complement , the

Board shall take into consideration the volume of pan work , the

availability of cargo handling equipment and the introductiotl o f new

pon operations systems .

Elisibili[y [0 fin a vacancy shal l be limited to the !lOO. or

13. ( I)

was regi$te red as

10 l be elde r from lmong the !lOOs. of a pan worke r who

such &son the 17th Se ptember 1990, and who retires or who is medically

boarded I>\It under the pro visions of these regulatio n. or who dies

Provided thal such IOn satisfies the Board thal

(a) he is B person eligible to fill a vacancy as provided for in

paragraph (3) of regulation 11;

(b) if he is In adopted son was 00( over the Ige of six years

when adopled ;

(c) he hll$ applied 10 the Director for port work prior to the

dale on which the vacancy oocun and has renewed in person such

registration at the o fftOC: of the Director during the monlh of

January of each IUccessiVil yelr.

Provided further that in the absence of I IiOf1 of I retired or

doc::eased pon worker who was I pori worker in the gene ... 1 carlO

stevedores or pon labourenscctioJ1 as on Ihe 100hJune, 1975.eligibilily

10 fill I vacancy shall be limited to the brother or to the e lder from

among the brothers of such pori worker. provided such brother IoiIlisfteS

the Board that he is a person eligible 10 fill a va<:ancy 15 provided for in

pa ... ppb (3) of regulation I1 and in paragaph (e) abow.

(2) Where a vacancy oocurs among pan workers, the

Director shall enter in the Prospec:tive POri Worken Regisler

established under regulation 9 of thcie regulations, and which he shall

keep for the p!lrpo5C'. the name of the pel"$On woo. in I CC(lrdancc wilh

the proviMOIU of paragraph (1) of thi s regulation , is eligible to fillthlt

vacancy and who applies to be IiO registered.

(3) Saving the provisionsof paragraph (2) of this regulation.

the son of a port worker who retires or who is medically boarded out or

who diu, or the brother of a pon worker who retires or who dies, shall

be registered in the Prospective Pon Workers Register on the day of

5U(h retirement or medical boarding out or death, as the case may be .

(4) The order in which vac:ancics shall be filled t.hall be

detennined by the chronoIoJicaI OTder of the retirement OT medical

boarding out or death, but any pel"$On being the liOn or brother of a pore

worker who WIS SO registered IS on 100hJuDC 1975 I ndwho isregistered

in the Prospective Port Workers Register and who is $tillliO registered

on tbe day immediately prior to his forty-fifth birtbdays.hilll, MI~ to

the provisions of these regUlations. on thal day be registered in the Pon

Worken Register, without affecting the righlS of other pel"$On$

registered in the Prospective Pori Work en Register

Provided tha1. when more thin onc pelKln re tires or is

medically boarded out or dies 011 the same day, the order of preference

shall be established by the date of birth of the prospective pon worker,

starting from the eldest.

(5) Registration in the Prospective Port Workcn Register

shall lapse: if it is oot renewed in pelKln at the Officc of the Director in

the month of January of each year.

(6) Notwithstanding the provisions of paragraphs (2) and (3)

of Ihis regulation the Director may register in the Prospective POri

WorkeTl Register the minor $On of a registered pon worker woo dies

while 10 registered or who retires from pore work on reaching

retirelJlCntage

Provided that

<a) 5U(h $On applies for registration within one month from

the deat h or re tirement of his fathe r. as the case may be, and

thereafler renews such registration as provided for in this

regulation;

(b) the registration of $UCh 101\ io the P'ro5pedivc Port

Worke rs Rtpsler shall not c nlide him 10 Ql)mpclc for the filling or

vacancies until such lime as be reaches eighteen )'Un of age and ,

notwithst'ndina tbe provisions of J)'Ir1lgrap/l (4) of Ihis regulation

he shall. for the PUrpo::!$e of Ihe order in which YlIC*neies are filled,

be placed after the PC~1l tbe n appearing last on Ihal register.

(8) 1be minor 100 of a port worker atbo died or retired during

ttIe period between tbe 17th. daynr September.l990and the Jilt dayof

December . 1992. $hall not be deemed 10 ha~ be<l:n required 10

apply 10 the Directo r fOT pori work prior 10 the dale o n which I vacancy

had oa;ulTCd and shall not be dee med 10 have been registered in the

Pl"O$pccti~ Pon Workers Registe r and to have renewed such

application as provided for in Ihis regulation during the period

aforcs.ajd, bUl such son -

(a) shall apply for rep tnllion in the Prospeai~ Pun

Workers Register wi thin ~nly-one days from the dale of

publication of these regul ations, ucn though he may be over

eightee n year.; of age at the lime ;

(b) notwithstanding the provisions of ~ragnoph (4) of this

regulation shall , for tile purposes of the order in wltidl vacancies

are filled, be regitlered in the Prospective Port Worken Regitler

aher the person appearing Ias! 00 that Regitter at the time ofsuch

5!m'l reptration ; and

(e) after being so registered shall renew suclI registration as

provided fo r in this regulation.

(9) A minor son .... ho quali(\CS for registration in the

Prospective Port Wo rken Register in terms of this regulation s.haII no{

eventually be registered as a pon worker if he is no{ I person eligible to

be so registered as provided for in paragraph (3) of regul ation 1I of

these regulation~ .

14. No port worker who is registered in the Pon Wo rken

Regitter shall o n death o r retirement or OD being medically boarded out

be replJc>:d by I son or brother as the ~ may be

Provided that port worken who prior to the 10th day of JU I)C

1975 were lice nsed 10 work in the general cargo stevedores or in the

lightennen o r in the port labouren SCdion shall continue 10 be replaced

by I son or a brother. sub;ec:l. to the provisions of these regu Lation$;

Provided funbcr that pon worten who .. ~re 10 licensed as on

the 23rd day of October, 1992, stlall be replaced by. son sub;ec:l. to the

provisio ns oft hesc regulations; and

Provided also tha! pon workers woo ha\lt: re tired or died

betyreen the 17th Septe mber 1990 and the Drd October 1992 shall also

be replaced by I son subject 10 the provisions of these regulations.

1.5. ( \) When the Director determines that a vacancy shall be

filled the Board shall. upon the production of such documents and

certificatcs as it may rcquire, registcr as a port workcr in the Port

Worken Registe r a penon

(a) woo is registered 011 the Prospectivc Port Workcrs

Rcgister; and

(b) who Ptisfies the requirements of these regulations with

regard to his cligibility to be so repstcred .

(2) Vacancies ill the oomplemcllt of workers, as established

from timc to time in aroordance with regulation 120tthesc regulations,

$hall be filled within thirty daysof the oa:urreooe of$UCh vacancies.

1'. Notwithstanding the provislons of pamgtaph (2) of regulation Ilqiott ......

-- --

11 of these: regulatiolls. a son -

(a) of a port workcr woo dies as a result ofinjurics sustained

while perfonmng port work ; or

(b) of I port workcr who , being ovcr forty-fivc but under

fifty·five years of age 01'1 his last birthday, is certified to be

mcdically unfit for port work by. medical to::>.rd appointed by the

Ministcr and whose licence is cancelled for this rcason;

shall be registcred in thc Port Workers Rcgister, provided such son is a

person eligible to be so registered in accordance with paragraph (3) of

regulations Iland 13 of these regulations

Provided that the son of a port worker certified to be medically

unfit for pan work in accordance with the provisions of paragraph (b) of

this regulation shall oot be registered in the Port Workers Register

before the lapse of a period of three months from the date of the

cancellation of his father', licence.

11. A port worker . who is ove r fifty years of age, may appl y tothe

Aaard to have his registration cancelled in favour of his son. and i(such

port workerwassolicc: nsed ason the 10th dayof JUDC, 1915, infavour of

his son or brother

Provided -

(a) that such port worker on having his registration cancelled

shall forfeit all rights to a pension or gratuity; and

(b) the son IS • pcrwn eligible to be a pan worker in

accordance with the provislons of regulation 1I of thcac

rcgulations.

18. (1) On reg;stmtion in the Port Workers Register, the

Director shall issue to a pon workcr -

<a) .. certifICate of rcgistl1ltion valid up to the 3 1st Dec:cmbcr

of tnecun cnl yeu in such form • !be Director may establish; and

(b) In idenli lycard.

(2) Such identity card shall remain the property of the

Authority and shall be returned to the Director by any port worker or

be,".

hi$ widows and

as the cue may be, when he ~ 10 be

registered.

A port worker shall not transfer his identity card 10 any

(3)

(4) U nless (:tempted by the Dirc:clor a port worker shall

wear his identity card whenever he is l'TIlployed in port work and shall

produce i1 on demand 10 the Director, or 10 his cm ~r, or to the

Authority.

(5) Where the Director is satisfied that an identity card has

been 105t or damaged. he may issue I duplicate card to .. port worker on

payment of a fee of Lml.

I'. ( I) Every registered port work er shall apply in person at the

Aut hority or al slIch othe r place as the Director may detcnn inc, in the

month of January of each year as req uircd by the Director to renew his

registration.

(2) The fecpayablebyapor1 workcr in rcspcctoh licence to

act as a pon worker iihall be LmS per annum payable OI'1tbc issue and on

each rCIICWlII of tbe licence.

(3) Any registere<l pon worker who is una hie to renew hili

registration in accordance with paragraph < I) of this regulation owing to

incapacity for work. shall do so on the working day immediately

following thoc cnd of the period of incapaocity and shall produce to the

Director I medical cen iflCate in rapecl of the whole period of

incapacity, and if he sa tisflC$the Director that he was unable to apply in

person 10 renew his registralion owing 10 such incapacity, the Director

may renew such regist ration.

(4) Where the registration oh pori WOI"ker is not rCIICwed as

provided for in paragraphs (I) and (3) ofth is regulation. an applicatiOl'1

for the renewal of such regislration shall be referred for decision by the

Board .

< I) When Ihe Aut hority becomes I ware Ihll -

10. <I ) Iny unregistered person is working or attempting 10

obtain work as a port worker in a port , or

(b) any person is maki ng use of an identity ca rd to whi ch he is

not entilled, or

(c) Iny person .... ho is working in the POf1 MS failed to

produce his identity card on demand,

il ~all forthwilh report lhe maller 10 the Director who may tllke su<:h

steps as he may deem proper in the circumstal'\Ces and mlly also for the

purpose of funher investigation impound anycanlwhich in his opinion

is being improperly used .

(2) Where any employer di$pUtcs any btll for pon worIr. or

fails to pay any su<:h bill. the Authority s.I>itll , unless lhe matter is settled

by him , repon the fact 10 Ihe Director and shall refrain from ' upplying

port worken 10 an employer failing to pay any bill for port WOI'k if the

Director, after giving lhe employcr an opportunity of making

representations, w instructs.

21 . For the purposes of the defini lion of port worker in sc:ctioo 2

of the Ordinance. il is hereby pre~bcd that the cargo referred to in

Ihat definition in relation 10 the handling thereof from transil shed or

5IllCk on open quay 10 vehicle shall be-

cereals, can ary seed, sugar , seed potalOCl, salt, in MP;

<a)

(b)

'r02en meat

(cl

limber;

(d)

liquid gas cylinden;

(cl

btlumen and a!phaJt in drulT\$

(I) any substances in bap or in dnnn5 for use in the oil

industry;

in an encl~d port area -

(g)

<i)

the packing and unpacking of containen; and

(iil

the consolidation of unit loads for loading on board

a ship .

.-

12. (1) 'The Authority ' h,,1I immedi ately report to the Port

Di$pUtcs Board any case involving the disruption of a roster in which

port worken may at the time be organ~ .

(2) The Port Disputes Board shall investigate such report

and if it finds to its satisfaction that a roster was wilfully or m::gligently

disrupted by an employcr of port workers. or by a person acting on

behalf of such employe r. it shall award oonlpcnsation . not cx«<ding

five hundred Malta Pounds (Lm500). against such employer in favour of

the port workers prejudiced by such disruption.

(3) When two or more employers of pon workers I re found

by the Pon Disputes Bo.rd \0 have wilfully or m::gligcntly concurrently

disrupted a roster, the Port Disputes Boa rd may determine the

proportion of !he amount of compensation 10 be paid by each of such

employers, bul in determining such proportions , the said Board shalJ

take into IKlOOUnl tile eJllcnl to which Clch of such employers has bttn in

defa .. lt .

(4) In Iny cue involving the disruption of a Tosle r, the

Authority shaU operate such rosier in acoordanc:c with the order of

.Ilocations oblaimng allhe lime the disruption was discovered ,

23. In accordance "";th the provisions of subsection (3) of 5eCIion

9 of the: O rdinance il is hereby pre$Cl'ibed Ihal the pclUnlage of the

gross wages of port workers which may be levied 01'1 employers of port

workers for the purpose of the adminislralive surch.arge shall be silt per

cenlum.

24. Ship Foremen and Shore ForcmenshaU bepaidin accordance

with the l.llriffs of fees and the nlles thcl"C'lo set in the First Schedule

hereto.

25. Employers of por1 workers shlll effect payment for port work

10 the Authority in accordance with the tariffs of f«$IOO rales therelo

Soel 0111 in lhe Seo.:ond Scheduk, and in accordano:: with the levy set OUI in

lhe Eighth Scheduk hereto .

U . The Authority shall. on receipt of payment of bills by

employenofport worken. deposit in. port worken ' wages a<,:OOOntthe

moneys due to pon workers in aceordance with the tariffs of fees and

notes thereto set out in the Third Schedule hereto.

21. The fees sptti fied in the tariffs offees contained in the Third

Schedule hereto shan be calculated in ac<:ordance with the methodt set

out in the Founh Schedule hereto.

28. 11Ie method of payment to pon workers shall be in

accordano:: with the provisions of the Fifth Schedule hereto.

29 . The hoorsofwork. leave and public holida)'$ ~h~ lI . in respect

of port workers, be in acoord.ance with the provisions of the Si~th

Schedule hereto.

38. 1M or",nisation. du ties. of(lc: ring and suppl y of labour and

tbe cancellation or amendmenl of such orders shall, in respect of port

wmken . be in accordance wit h the provisions of the Seventh Scl>edule

hereto .

31. "There &hall be established I fund to be known as tbe PemWn

and Contingency Fund. hereinllftn refured to as "the Fund··.

31. The Fund shall be administered by a Committee appointed by

the Minister. The Committee ~ha ll he composed of

In ofr>ccr in the public service who shan be Chairman;

(.)

(h) a rcpresenl~tivc of the Authority

(c) two representatives of !be em~f1 0( pon workef1

nominated by the organ;"tiom represented on the em~f1' side

of !be Pun Labour Join t Council;

(d) onc representative of the Contractor

(e) two representatives of port workef1 oominatcd by their

trade union

(f)

IWO persons appointed by the Ministe r;

(g) a SecretaI)' who shall have 00 vote.

33. (1) The Committo:e $hall be responsible to the Minister for

the good and proper administTll tion or the Fund.

(2) The Committee shall not incur eJpcnditure CJlcccding

five hundred liri per annl,lm wi thou.t the prior authority orthe Minister.

provided Ihalthis regulation does not limit payments of benefits made

to pon workers or 10 persons who have $elVed as pon workers, or their

widows a'ld heirs as laid down in these regulalions.

(3) Fl,lnhermore tile Com millee Will effect such paymenll

oot ofthe Fund as may from time 10 lime be aUlhorised by the Minisler.

(4) Payments 01,11 of the Fl,lnd shall be made by the

Al,lthority. who shan

(a) keep proper bookl 0( aa:ounts approved by the

Commince: and

(b) ~ubmitto the Committee monthly slatements of accounts

in such form as the Com miuce may deem fit .

(5) Every three months the Committo:e 5baU refer to the

Minister a statement of aOCQl,lnlS showing the state of the Fund.

)4, (I) TIle Committee shall l ubmit 10 the Min ister nOl later

than the 31st day of May of each year. a report in respect of the

trans.actions made Bnd benefits pa id during the year ending on the 31st

day of Mareh of lhat same year.

(2) Tbc report menlioned in paTlll1aph (1) of this Tellulation

shall indOOe all the reporu made by the auditor of the Committee

during the year in respect of which such report is made .

(3) Sl,Ich auditor shall be oominated by Ihe Commiuee and

appointed by the Minister.

35. The Commi ttee may with the approval of the Minisler invest

mone)'l remilled 10 the Fund.

36. ( I) The books of tile Fund shall be examined alleast once

cvel')' three months by the auditor nominated and appointed in

accordance with the provisions oontained in paragraph (3) of regulation

34 of these regulations.

'The Commillec shall make available to tile aJ,K!itor such

(2)

books of accounts and such olher documents, and shall provide lIim wilh

JUCh information. may enable him 10 carry out propercuminalions.

(3) The a ud itor shall. every th ree mOlllhs. rompi1c rcpor1s

on the tuminations m;,odc and lhaJlsubmi' such r"pons to tnc Minister

and 10 the Committee.

37. Subj«l 10 the provisions of Ihac regUlations tile Committee

may regulate ilS own procedures.

38. The Authority shall remillo ItIt: Fund

(.)

the difference between the fees payable by cmployC'rs of

pon work ers and tile wages paid 10 port workers ;

the levy ~fied in the Eighth Schedule IIercto;

(b)

(c) any moneys ""hi<;h m.y be pat.Kd 10;' by Ihe DirMorfor

the rcmitlallCe 10 the Fund.

( I) Po rt _rkers woo on or af.er.he foorth day of April .

)9.

1973, but notla.erthan the foonh dayoflanuary , 1980, had attained the

retiring age and who had their registration cancelled by the Director.

shall oon tinue to receive I pension ()f a grat uity under the oonditions and

at the rates specified in reg\llation 42 of. and in Sdledule: 9 to, thQc

regu lations.

(2) Pmt workers who on ()f .fter the fifth day of January

1980, have anained the ~tiring age shall have their ~gistration

canceUed by the Di rector b\Jt retaining thei r pension rights under the

Social Security Act . 1987.

40. (I) The balance of a pension due to a pon worker who dies

before the lapse of five years from the date of his retirement shall be

paid to t he widows and heirs ofsueh pon worker

Provided that the pension paid to • port worker before h ..

death Ind the balance payable: to his widows and heirs shall in tolal nOI

exceed the amount that would hive been paid .0 such pon worker

duringa maximum period of five ~Irs from the date of hi. relire"",nl.

(2) In cases where a port _rker who is retired on pension

dies after the lapse of five ~ars from Ihe dale of his re.ire "",nt . • he

widows and heirs of such port worker shall receive a gratuity equivalent

to onc annual pention rate Teaived by that port wo rker.

(3) The provi$ions of paragraphs (I ) and (2) of this

regula.ion shall no. apply to a port worker

<a) who rC'~ ired from port work during the fiw: year period

ended 011 the fOll Mh day of April , 1973, and who duringlhal same

period was replaced by 1 SOD or brother;

(b) who has reached the reliring _ge on or aherthc fifth day

of January, 1980.

41. (I) AportwOfker, wbo . beingforty-fi~y~ot.OfQVer

on his last birthday. has his registntion QlK'CUed on bcin& ceni(1Cd to be

mcdkally unfil far port wart by a medical board appointed by the

Minister !hall, ifbc has IIJOD eligible 10 replace him in aa:ordanoe with

the$e regulations, receive I pension as foil"".

<a) during such time as such ton is DOt regiMered in the Port

Workers RCgQleI"- full pension;

(b) from the .ute 011 wlticb. such IJOD is regisl:ered in the Pon

Worken Register until the port woner reaches retirin.l3C - such

part of the fuU pen5ion as the Minister may, 00 the advice of the

Committee. from lime to time determine; and

retiriD&age - full pc:Mioa.

OD reaching

(e)

(2) A port workcrwbo, bring fony-fM years of -se or over

on hi51ast birthday. ~ his registntioo cancelled 011 being certified to be

medically unfit by I medical board appointed by the Minister $hall, ifbe

has no !Ion or brother 10 n:pJaa: him in aa:ordanoe with these

regulations, receive a pension as follows

- such pan of the full

(a) until be ruches retiring •

pension IiI$ the Minisl:er .C:$pOD$IbIe for portS may. 01\ the advK:e of

the Comminec, from lime to time dctcnnine; and

(b) on reaching retiring age - fIIU pension.

(3) Th: provisjonlI ofsub-panppb (e) oCpangaph (t) aDd

of WD-Parasrapb (b) of paagrapb (2) of this regulation shaU 00'l apply

10 pan workers who after !he twenly-5eOOnd <lay of January, 1979, have

!heir littnce cana:1kd under !he provisions of mis regulation , if !bey

reach !he retiring age on or after the Mm day of January, 19@O,uving

their pension righls under me Social Security Act.

(4) Saving !he ~ of paragapb (3)of lhis recuJalioo ,

11 person wl'lo is rqislen:d IS a port worker after !he lhirtiem day of May,

1978, shall 00'l be eligible 10 receive a pension IS specified in pangaphs

(1) and (2) of this reguU.tion if be doe5 00'l ~Iisfy me requirements laid

dawn in regulation 42 ofthc:!c regulations.

41. (I) A person wl'lo is regislered a!l a port worker after the _"'qooUifJ

30Ih day of May , 1978, $hall qualify fOl" a pension on a:mpIelin& \en forpcoooloo.

years conrinU005 scnio;e IS. regislered pon worker; and

(2) NOIWithslanding me provision of paragmph (I) of mis

regulation,. son or brollle. of. port worker whose licence is eana:!led

at his own request in IIIXOrdanee with the provisions of regu.la.tion 17 of

these regulations shall. 011 beina registered in thc Port WorkeR

Register, qualify for I. pension on QtlIllpleting fifteen ycan continuous

tcrvice as a registered port wontr.

43. (I) A ponworkeron rcachin& the retirement age0l61 ycars

shall receive I. gn!\lily of I...m5OO pQd ou.t of the Fund.

(2) This vatllily shaD abo be paid 10 tho5e port .,..otten who

have retiredon ruchingthe61 yeanbetween the 17th Seplember, l 990.

and the date of coming into force of these rc:gulations.

44. (1) Port workers sbaU be pr<Mded with I. Penonal Accident

and Siek.DeS$lmuranee Policy OD I. basis of twenty-four bows, .. hid! will

provide: benefits to tbem and their depcndenu COYCring Aa:idcntal

Death. Permanent DisablemeotandTemporaryTotal Disablement due

10 accident and,/or sick:no::s..

(2) The compensation contemplated in $UCh Insuranc:e

PoIiC)' shall as I. minimum include

<a> In the event of Aa:idental Death: LmIO,OOO percapita;

(b) In thc cvenl of Pennancnl Disablement: up 10 LmiO,OCI)

pe r capita; and

(c) In the evcnt of Temporary Total Disablement followin&

aa:idcnl aod/or sidr.neM: LmT1 per week for- a period of six weeks.

(3) The: premium for the InsurllDCe Policy rdernd 10 in

pangapb ( I) of this regulation shall be def~y~ from the Fuoo.

45. In Qamining any claim made by • penon under lhac

regulations , the CommIUcc may make any investigation and may

require the production of any evidell(C:, including documentary

evidence, it may deem 1'Jf. : (ssary.

46. The Committee shaU have the righl to daim by c:MI action the

amounl of any graulily paid or payable undeT u..:,e regulations -

(.) &om any person , other than the port worlr.er enti~ I?

such gn.luily, .... here an injury in relpecl of .... hich the gratUlly IS

paid or payable WI5 caused by the wilfulllct or the negligence of

such penoo or of any other person for whom . Ul1d<:r the provisions

of the Civil Code, the tint mentioned person i$ responsible;

(b) witboul prejudice to the generaJjly of w~paragraph (I)

of this paragrapb. where the injury Wail CIIuscd 00 aa:oun l of or

through the oon-oompliance by h~lf, or by any other penon for

whom such empkryer is responsible under the Civil (:ode , with any

obligation imposed by the FaClorics Ordinance or by any

regulations made thereunder .

(2) Nothina in dlis rqWation shall prejudicially affect any

righllO c1aim and obtain compensation or damaJl=$ which the injured

peno!'I . or those c1aimina under him , may have Ilnder me provisions of

the Civil Code apinsl the fCnorI lbrough ... hose wilful ad or ne&Jigeooe

the injury W,Q caU5ed ; but m 'V i'll the amount of suc::b compensation

or d.amage$ the Court shall take into a.:count the gratuity rccuven:d or

recoverable by the Committee 85 provided in pangnpb (I) of Ihis

regulation .

(3) IurJ amount rc:aM:mi by the Committee under this

regulation $baD be carried ID !be credit of !be Fund.

1(1. ( I ) 1bcMinistcrmay.utborizetbepaymentoutofthcFuod

of I cost of Iivin, iocrea5e or bonus or of lID)' other ioc:rea!e in the waps

of port worken tosetber with • percen. tbereon as an administraliw

cilarge by the Aulhority.1 such rates and UDder such cooditioos as he

may &om time ID time prescribe.

For me purposes of !his paragraph !be peromtaBelaid down in

regulation 13 of these regulations shall apply.

(2) The provisions of paragrapb (I ) of this regulation shall be

deemed In have come into force 00 the 4th day of April, 1973.

(3) To lI..ualify for !be receipt of any paymc:nl autborizlCd

under paragrapb (1) of this regulation iD respect of any one day I. pen

worker may be rcqlliTcd 10 pro'iC 10 !be Ii8tisfaction oftbe Authority that

he was available for won. 011 thal day.

• . (I) The earnings of port .. orkers shall be guaranteed .t the ~

leve l of the average caminp realiud durins !be five year period ending ..........

on the 3Ist day of D«ember of the year immo:diatdy pi Ming the year

in respect of ... hid! this guarantee appJ)cs.

(2) For the ptUJIOKS of this fCpUaUon the earnings of port

workers shall be deemed 10 be the global eamingsof port worten takin&

inlo account the number of port wor:kcnason the 31S! day ofDeoe:mber

of each year.

(3) Payments to bring such earniJlp to the guaranteed level

dtalI be made OI1t of the Fund.

(4) There dlalI be publi$hed in the Gazelle, in respect of each

calendar year ending on the 31st day ofOc:a:mber, the global earnings of

port warken, taking into accounl the number ofpon workers as 00 lie

31 SI day of December of thal year .

49. The Port Warken Regulations, 1966, and llIe Pon Labour Re_ .. L.N. "

(Dctenninations) Order, 1966, arc: hereby revoked.