                                  PORT WORKERS                          [ CAP. 171.           1
CHAPTER 171
PORT WORKERS ORDINANCE
To regulate the employment of port workers and to make other
provisions connected therewith.
4th August, 1966
ORDINANCE XIV of 1962, as amended by Legal Notices 4 of 1963 and
46 of 1965; Acts XLIV of 1965, XV of 1966, XXVIII of 1968, IX of 1971, IX
of 1973, LVIII of 1974, XXVIII of 1975; Legal Notice 148 of 1975; and
Acts XI and XXIV of 1977, XIII of 1983 and XVII of 1991.
Short title. 
Amended by: 
L.N. 4 of 1963.
1. The short title of this Ordinance is the Port Workers
Ordinance. 
Interpretation.  
Amended by: 
L.N. 4 of 1963; 
XLIV. 1965.3; 
XV.1966.2,3; 
XXVIII.1968.2; 
IX.1971.3,6; 
IX.1973.2; 
XXVIII.1975.2; 
XXIV.1977.2; 
XVII.1991.82.
Cap. 452.
Cap. 352.
2. In this Ordinance, unless the context otherwise requires -
"Act" means the Employment and Industrial Relations Act;
"Authority" means the Malta Maritime Authority established
under the Malta Maritime Authority Act;
"Board" means, in articles 10 and 11, the Port Disputes Board
established under article 10 and in the other provisions of this
Ordinance means the Port Workers Board established under article
12;
"conditions of employment" means wages, the period of
employment, the hours of work and leave;
"contractor" has the same meaning as is assigned to it by article 2
of the Malta Maritime Authority Act;
"Council" means the Port Labour Joint Council established under
article 7;
"Director" means the Executive Director responsible for ports
appointed under article 8 of the Malta Maritime Authority Act; 
"foreman" means any person who, on his own behalf or on behalf
of another person, employs port workers;
"Minister" means the Minister responsible for ports, and includes
any person acting under his authority;
"person" includes a body of persons being a partnership,
company or society of persons, whether corporate or unincorporate
and whether vested with legal personality or not;
"port" means a port for the purposes of the Malta Maritime
Authority Act, and includes a warehouse and any such inland depot
and any such other area where goods are handled to form or to
dismantle unitised cargo as may be declared by order of the
Minister; 
"port worker" means a person employed in a port in the handling
of cargo in the process of loading or unloading cargo on or from a
ship, from or to any place on shore, a person employed by the
  2        CAP. 171. ]               PORT WORKERS
Director or by a contractor to handle cargo in a warehouse and a
person employed in the handling of such cargo, as the Minister may
from time to time prescribe, from transit shed or stack on open
quay to vehicle or in the consolidation, groupage or dismantling, of
goods in or from a unit load in a port, and "port work" shall be
construed accordingly;
"prescribed" means prescribed by regulations made under article
17;
"the provisions of this Ordinance" includes the provisions of any
regulations made under this Ordinance;
"unit load" or "unitised cargo" means -
( a ) a quantity of cargo unitised to form a single load in or
on - 
(i) roll on/roll off units which may be on wheels
integral to the transport unit or which may be
towed or pushed or otherwise moved by other
mechanical equipment;
(ii) vehicles or trailers rolled on or off a ship;
(iii) Lancashire flats, that is, platforms, with or
without ends, on which the goods are stacked;
(iv) freight containers being articles of equipment
having an overall volume of not less than 8 cubic
metres either rigid or collapsible, suitable for
repeated use in the carriage of goods in bulk or
package form and capable of transfer to or from
one or more forms of transport;
( b ) liquid in bulk in containers with a minimum capacity
of 2273 litres integrated in vehicles to form bowsers;
( c ) vehicles and empty trailers of all kinds rolled on or off
a ship;
( d ) any other goods on wheels rolled on or off a ship;
( e ) cargo on expendable or returnable pallets, provided
such cargo is handled between ship and shore or  vice-
versa  entirely by mechanical means through points of
access to or from a ship other than conventional
hatchways;
( f ) empty containers;
( g ) empty road transport vehicles and bowsers rolled off a
ship to load cargo for eventual shipment as unitised
cargo or rolled on a ship after having brought into
Malta unitised cargo by means of the roll on/roll off
method;
( h ) seacraft or floating objects which are loaded on or
unloaded from a ship directly from or to the waters of
a port:
but does not include - 
(i) unit loads of any description handled between
                                  PORT WORKERS                          [ CAP. 171.           3
ship and shore or  vice-versa  by conventional
means, other than containers lifted on or off a
ship; or
(ii) heavy indivisible loads, except when carried on
a vehicle or trailer which is rolled on or off a
ship;
Cap. 352.
"warehouse" means a warehouse as defined in article 2 of the
Malta Maritime Authority Act.
Registration  of 
port  workers. 
Amended by: 
XV. 1966.4; 
XXVIII. 1975.3; 
XXIV. 1977.3; 
XVII.1991.82.
3. (1) No person shall act as port worker unless he is
registered as such by the Director who shall keep a register for the
purpose. 
(2) Subject to the provisions of this Ordinance, registration
shall be for a period of one year starting on the first day of January
and ending on the thirty-first day of December of the same year:
  Provided that, at the end of such period, registration may be
renewed.
(3) The Director shall register the names of all port workers
registered as such before the coming into operation of this
Ordinance.
(4) No person shall employ another person to act as port
worker except in accordance with the provisions of this Ordinance: 
  Provided that in respect of port work involving the handling of
cargo in a warehouse, or from or to any place on shore, other than
the handling of cargo in the process of loading or unloading cargo
on or from a ship, the Minister may authorize the Director or a
contractor to employ persons who are not registered as required by
the provisions of this Ordinance.
(5) No port worker shall cause or allow a person to act as a port
worker in his stead.
Obligations  of  
port workers. 
Amended by: 
XV. 1966.2; 
XVII. 1991.82.
4. (1) Every port worker shall, on registration, be
conclusively deemed to have accepted to abide by the conditions of
employment and by the determinations made under the provisions
of article 8 in force from time to time under the provisions of this
Ordinance.
(2) Every port worker shall report for work at such time and
such places as he may be required by the employer or the Authority
on the employer’s behalf.
(3) Every port worker shall abide by all such laws and
regulations as may apply to the place or to the type of work on
which he is engaged.
(4) Every port worker shall notify the Authority of his absence
from work on any day on which he absents himself from work due
to injury or sickness and shall forward to the Authority a medical
certificate issued by a medical doctor.
(5) A port worker shall, saving cases of incapacity through
injury or sickness, be at all times available for port work and may
not engage in any work or employment which may interfere with
  4        CAP. 171. ]               PORT WORKERS
this obligation.
Foremen.
Amended by:
IX. 1973.3;
XXIV. 1977.4;
XVII. 1991.82. 
5. (1) No person shall act as foreman -
( a ) if he is a port worker;
( b ) unless he is licensed as such by the Director.
(2) The licence shall be subject to such conditions as may be
contained therein or in any renewal thereof and shall expire on the
thirty-first day of December in each year but may be renewed from
year to year:
  Provided that the licence shall automatically expire if the
foreman is convicted of theft committed during or in connection
with port work.
(3) If any foreman contravenes or fails to comply with the
provisions of this Ordinance, or grossly misbehaves or misconducts
himself in the course of or in connection with his work, then,
without prejudice to the provisions of article 18, the Director may -
( a ) reprimand him; or
( b ) suspend his licence for such period as the Director
may deem appropriate; or
( c ) cancel his licence.
(4) Before reaching any decision under the provisions of the
last preceding subsection, the Director shall give the foreman
concerned full opportunity of presenting his case.
(5) During any proceedings under the provisions of subarticle
(3) a foreman may be assisted by such person as he deems proper.
(6) Nothing in this section shall apply to a contractor.
Payment of port 
workers. 
Amended by: 
IX. 1973.4.
6. (1) Responsibility for the payment of fees due for the
employment of port workers shall vest in the person by whom or on
whose behalf such port workers are employed.
(2) Save as may be prescribed, such payment shall not be
deferred beyond three days after the completion of the port work.
Constitution of 
Port Labour Joint 
Council. 
A mended by: 
L.N. 46 of 1965;
IX. 1971.6;
IX. 1973.5; 
XXIV. 1977.5;
XVII. 1991.82.
7. (1) There shall be established a council, to be called the
Port Labour Joint Council, which shall exercise and perform the
functions assigned to it by this Ordinance.
(2) The Council shall consist of the following members: 
( a ) a chairman, who shall be the Director;
( b ) five representatives of employers of port workers
(hereinafter referred to as the employers’ side)
appointed by the Minister after consultation with such
unions, bodies or associations as in his opinion are
representative of employers of port workers;
( c ) five representatives of port workers (hereinafter
referred to as the workers’ side) appointed by the said
Minister from a panel of persons submitted by the
union which is recognised by him as representing the
                                  PORT WORKERS                          [ CAP. 171.           5
greater number of port workers.
  Provided that - 
( a ) where any port facilities are operated or provided by a
contractor, one of the members referred to in
paragraph ( b ) of this subarticle shall be appointed from
amongst persons nominated by such contractor;
( b ) where any shipping company of which the majority of
shares are held by the Government of Malta or by a
body corporate established by law, or by both together,
or by a subsidiary of any such company, employs port
workers for the loading or unloading of ships owned,
chartered or managed by it, one of the members
referred to in paragraph ( b ) of this subarticle shall be
appointed from amongst persons nominated by such
company.
(3) The Minister may, from time to time, appoint a secretary
and a substitute secretary to the Council from amongst officers of
the Authority.
(4) The Council shall not be disqualified for the transaction of
business by reason of any vacancy among the members thereof.
(5) The procedure and other similar matters concerning the
Council shall be regulated by the provisions of the First Schedule.
Functions of the 
Port Labour Joint 
Council. 
Amended by: 
L.N. 4 of 1963;
XXVIII. 1968.3;
IX. 1971.3;
XXVIII. 1975.4;
XI. 1977.2; 
XXIV. 1977.6;
XVII. 1991.82.
8. (1) The functions of the Port Labour Joint Council shall be
the following:
( a ) to determine the conditions of employment of port
workers;
( b ) to determine the system in accordance with which port
workers shall be supplied to employers for any port
work authorized by the Director;
( c ) to determine the organisation of port workers
including the subdivision of port workers into sections
and gangs and the variation, amalgamation or further
subdivision of such sections and gangs;
( d ) to determine the conditions under which port workers
may be transferred from one section to another;
( e ) to consider the decisions circulated by the Port
Disputes Board in accordance with the provisions of
article 11(4);
( f ) to advise the Director on such matters relating to
labour in the port as he may refer to them from time to
time; and
( g ) to perform such other functions as may be prescribed. 
(2) The determinations of the Council under this section shall
be by agreement between the employers’ side and the workers’
side.
(3) If the two sides are unable to agree, they may agree to refer
the question for decision by an umpire appointed by the Minister
  6        CAP. 171. ]               PORT WORKERS
responsible for labour upon their joint recommendation.
(4) Subject to subarticle (5), the umpire’s decision in such
cases shall be final in so far as the Council is concerned.
(5) Any determination relating to conditions of employment
and any other determination which in the opinion of the Chairman
involves principles of importance arrived at in accordance with the
provisions of subarticle (2) or subarticle (3) shall be submitted to
the Minister and when approved by him shall be published by order
in the Government Gazette and shall be binding on all employers of
port workers and on port workers from the date of publication or
such other future date as may be appointed by the Minister:
  Provided that the Minister may delegate in writing the powers
conferred upon him by this subsection to any public officer.
(6) Nothing in this section shall preclude recourse to
conciliation or arbitration proceedings under the provisions of the
Act where the employers’ side and the workers’ side have failed to
reach agreement under subarticles (2) and (3).
(7) A memorandum of the terms of a settlement of a trade
dispute made in accordance with the provisions of the Act a copy
whereof has been delivered to the Minister responsible for labour,
or a decision or award made by the Industrial Tribunal under the
provisions of the Act shall, for the purposes of this Ordinance, be
deemed to be an order made and published under subarticle (5),
and, notwithstanding the provisions of the Act, such memorandum,
award or decision may be superseded by an order made by the
Minister publishing an approval by him of a determination or
decision arrived at in accordance with the provisions of subarticle
(2), (3) or (4).
Supply of port 
workers. 
Amended by: 
L.N. 4 of 1963;
XLIV. 1965.3;
XV. 1966.2;
XXVIII. 1968.4;
IX. 1973.3,6. 
Substituted by:
XVII. 1991.82.
9. (1) The supply of port workers for particular port work or
to particular employers shall take place through the Authority.
(2) The Authority shall -
( a ) supply, in accordance with such system as is
established in an order which is in force under the
provisions of article 8, and subject to such conditions
as may be prescribed, port workers to employers for
any port work authorized by the Director in such
numbers, order and priority as may be determined by
the Director;
( b ) ascertain the amount of fees due by employers of port
workers in accordance with such tariff as may be made
under the provisions of this Ordinance, collect such
fees from the person responsible for their payment and
pay to the port workers concerned such fees as shall be
due to them in accordance with the provisions of this
Ordinance;
Cap. 318. ( c ) notwithstanding the provisions of the Social Security
Act, collect from employers of port workers and from
port workers any contributions which may be due by
them for the purposes of the Social Security Act, and
                                  PORT WORKERS                          [ CAP. 171.           7
pay in arrears at monthly intervals all contributions so
collected in such form and manner as the Minister
responsible for social security may, with the
concurrence of the Minister responsible for finance,
from time to time determine, and be responsible for the
custody of the relative insurance cards;
( d ) maintain and supply records of employment and
earnings;
( e ) record attendances and absences of port workers;
( f ) furnish such returns and statistics in connection with
the employment of port workers as may be required;
( g ) ascertain and collect the administrative surcharge
specified in subarticle (3) and keep an account of all
receipts and expenditure connected therewith
separately from an account of all receipts and
expenditure connected with any other monies:
          Provided that all such accounts shall:
(i) be maintained in such form as the Board may
determine; and
(ii) be subject to inspection by the Board;
( h ) carry out such other functions as may be prescribed. 
(3) The Authority, after consultation with the Board, and with
the approval of the Minister, shall levy on employers of port
workers an administration surcharge calculated at such percentage
of the gross wages of port workers, as may be prescribed from time
to time.
(4) For the purpose of performing its functions under subarticle
(2) the Authority shall have power to request an employer of port
workers to produce such information including documents at such
time and at such place as it may require.
Constitution of 
Port Disputes 
Board. 
Amended by:
L.N. 46 of 1965; 
IX.1971.6; 
IX.1973.7; 
XVII. 1991.82.
10. (1) There shall be established a Board, to be called the
Port Disputes Board, which shall exercise and perform the
functions assigned to it by this Ordinance.
(2) The Board shall consist of the following members:
( a ) a chairman, and a substitute chairman, appointed by
the Minister from amongst officers of the Authority;
( b ) one member, and not more than five substitute
members, appointed by the said Minister from a panel
of persons submitted by the union which is recognised
by him as representing the greater number of port
workers; and
( c ) one member, and not more than five substitute
members, appointed by the said Minister from a panel
submitted by the employers’ side of the Council.
(3) Whenever the Chairman or any of the members specified in
subarticle (2)( b ) and ( c)  is for any reason unable to attend a
meeting of the Board, he shall be replaced by the substitute
  8        CAP. 171. ]               PORT WORKERS
Chairman or by a substitute member, as the case may be:
  Provided that substitute members shall be called to attend
meetings of the Board in the order in which they are appointed by
the said Minister as appearing in the Government Gazette.
(4) The said Minister shall appoint a secretary, and a substitute
secretary, to the Board from amongst officers of the Authority,
which substitute secretary shall act only in the absence of the
secretary from a meeting of the Board.
Functions of Port 
Disputes Board. 
Amended by:
XXVIII. 1968.5;
IX. 1973.8;
XVII. 1991.82.
11. (1) The functions of the Board shall be to decide specific
disputes which may arise between particular employers and port
workers in connection with port work in accordance with - 
( a ) conditions of employment established in an order
which is in force under the provisions of article 8; or
( b ) such standards as may seem reasonable to the Board,
where no such conditions of employment are
applicable to a particular dispute.
(2) The Board may reach its decision by means of a majority
vote. 
(3) Any decision given by the Board shall be final and binding
in respect of the particular dispute but it shall not have the force of
approved conditions of employment for the purposes of any future
dispute of a similar nature.
(4) Every decision of the Board shall be circulated to the
members of the Council and to the parties involved in the dispute.
(5) Unless the Minister otherwise directs, the procedure and
other similar matters concerning the Board shall be regulated by the
provisions of the Third Schedule.
Constitution of 
Port Workers 
Board.
12. (1) There shall be established a Board, to be called the
Port Workers Board, which shall exercise and perform the functions
assigned to it by this Ordinance.
(2) The Board shall consist of the following members:
( a ) a chairman who shall be the Director;
( b ) a member of the employers’ side of the Council; and
( c ) a member of the workers’ side of the Council.
(3) The members referred to in subarticle (2)( b )   and   ( c ) shall be
appointed by the employers’ side and by the workers’ side
respectively of the Council.
(4) The Director shall from time to time appoint a secretary to
the Board from amongst officers of the department.
(5) The procedure and other similar matters concerning the
Board shall be regulated by the provisions of the Second Schedule.
Functions of Port 
Workers Board.
13. The functions of the Board shall be -
( a ) the discipline of port workers; and
( b ) such other functions as may be prescribed.
                                  PORT WORKERS                          [ CAP. 171.           9
Deregistration and 
discipline of port 
workers. 
Amended by: 
L.N. 46 of 1965;
IX. 1973.9;
LVIII. 1974.68;
XXVIII. 1975.5;
XXIV. 1977.7.
14. (1) The registration of a port worker shall be cancelled by
the Director if -
( a ) he attains the age of sixty-three or such lower age as
may be prescribed from time to time; or
( b ) in the opinion of the Board, he is no longer a fit and
proper person to be a port worker for any cause
whatsoever; or
( c ) in the opinion of the Board, he has absented himself
from port work without reasonable cause for such
number of days and within such period as may be
determined from time to time in the approved
conditions of employment; or
( d ) in the opinion of the Board, he has contravened the
provisions of article 3(5).
(2) If a port worker is convicted of theft committed during or in
connection with port work or contravenes or fails to comply with
the provisions of this Ordinance, or grossly misbehaves or
misconducts himself in the course of or in connection with his
work, then, without prejudice to the provisions of article 18, or the
provisions of any other law, the Board may - 
( a ) suspend him from work for a period not exceeding
three months; or
( b ) give him a fortnight’s notice of cancellation of
registration; or
( c ) cancel his registration forthwith.
(3) Where a decision under the provisions of subarticle (1)( b )
is reached on grounds of ill health, the port worker shall have a
right of appeal to a medical board appointed by the President of
Malta.
(4) Before reaching any decision under the provisions of this
section, the Board shall give the port worker to whom the decision
relates full opportunity of presenting his case.
(5) During any proceedings under the provisions of this section
a port worker may be assisted by such person as he deems proper,
other than an advocate or legal procurator.
Review of 
decisions.
15. (1) Any decision of the Board under the provisions of
article 14 shall, subject to the provisions of subarticle (3) of that
article, be final.
(2) Notwithstanding the provisions of subarticle (1), the Board
may, on new facts being brought to its notice, review a decision
given by it:
  Provided that -
( a ) application for review is lodged in writing with the
Chairman of the Board within twenty-one days from
the date on which the decision is communicated to the
port worker concerned; and
( b ) a review of the decision shall in no case involve the
  10        CAP. 171. ]               PORT WORKERS
Board in any liability for any damages which may
have been sustained in consequence of the first
decision.
Pension schemes, 
etc. 
Added by: 
IX. 1973.10.
Amended by:
XVII. 1991.82.
16. (1) The Minister may prescribe a scheme or schemes for
the payment of superannuation allowances, pensions or gratuities
or any other form of benefit to port workers and to persons who
have served as port workers.
(2) For the purpose of such payment, there shall be established
a fund to be known as the Pension and Contingency Fund.
Regulations. 
Amended by: 
L.N. 4 of 1963;
IX. 1973.11;
XXIV. 1977.8;
XIII. 1983.4,5;
XVII. 1991.82.
17. The Minister may make regulations for carrying the
provisions of this Ordinance into effect, and, without prejudice to
the generality of the foregoing, for - 
( a ) prescribing the tariff of fees payable to foremen or to
the contractor in respect of the services of foremen
employed by him;
( b ) providing for the recruitment of foremen, the
conditions required for their licensing, the fees
payable in respect of such licences, the classification
of foremen into groups, the duties of foremen, the
determination of the number of foremen to be licensed
and the age at which foremen employed by a
contractor shall retire from work;
( c ) providing for the recruitment of port workers, the
conditions required for their registration and the fees
payable in respect of such registration, and for
determining the optimum number of port workers to be
registered;
( d ) authorizing the Director to issue to any port worker
upon registration and on payment of the prescribed
fee, a certificate of registration and an identity badge;
( e ) providing for the ownership, keeping, use and
production of registration certificates and identity
badges;
( f ) ensuring the proper utilization of the labour of port
workers for the purpose of facilitating the rapid and
economic turn-round of vessels and the safe and
speedy transit of goods through the port, and for
enabling the Port Disputes Board to investigate any
disruption caused by an employer of port workers of a
roster in which port workers are organized and to
award compensation not exceeding five hundred liri
against such employer in favour of port workers
prejudiced by such disruption;
( g ) prescribing a tariff of fees payable by employers of
port workers;
( h ) providing for the establishment of a Pension and
Contingency Fund;
( i ) prescribing the manner in which the Pension and
                                  PORT WORKERS                          [ CAP. 171.           11
Contingency Fund shall be administered and the
charges that may be made against it;
( j ) prescribing the manner in which a pension and other
financial benefits shall be paid to port workers and to
persons who have served as port workers, and the
manner in which any pension or other financial
benefits so paid under the provisions of this Ordinance
may be recovered from any person;
( k ) providing for a levy on employers of port workers and
on port workers towards the Pension and Contingency
Fund;
( l ) prescribing anything that may be prescribed;
( m ) providing that any person who contravenes or fails to
comply with the provisions of any such regulations
shall be guilty of an offence and liable, on conviction,
to a fine ( multa ) not exceeding fifty liri and, where the
regulations so provide, to the cancellation or
suspension of any licence issued to him under this
Ordinance; and
( n ) providing for any other matter incidental or
supplementary to any of the foregoing matters.
Offences and 
penalties. 
Amended by:
XV. 1966.2;
XIII. 1983.5; 
XVII. 1991.82.
18. Any person who contravenes or fails to comply with any of
the provisions of article 3(1) or (4), article 5(1), article 6 and article
9(1) or (2) and any employer of port workers who neglects or
refuses to comply with any request made by the Authority under
article 9(5)( a ) shall be guilty of an offence and liable, on
conviction, to a fine ( multa ) not exceeding fifty liri and the court
may, on the application of the prosecuting officer, cancel or
suspend for any time any licence issued to such person or employer
of port workers under this Ordinance.
Offences by bodies 
of persons. 
19. Where an offence under the provisions of this Ordinance is
committed by a body of persons, every person who, at the time of
the commission of the offence, was a director, manager, secretary
or other similar officer of such body of persons or was purporting
to act in any such capacity shall be deemed to be guilty of that
offence unless he proves that the offence was committed without
his knowledge and that he exercised all due diligence to prevent the
commission of the offence.
Application.
prescribed.
Repeal and saving.  
Amended by:
XV. 1966.2, 5; 
XVII. 1991.82 .
21. The Stevedores and Port Labourers Ordinance (Ordinance
XXI of 1939) *  shall be repealed without prejudice to anything done
or omitted to be done thereunder:
  Provided that until varied or revoked under the provisions of
this Ordinance the regulations and determinations made under the
Ordinance hereby repealed shall remain in force. 
*This Ordinance was included in the 1942 Revised Edition of the Laws of Malta as
Chapter 158.
  12        CAP. 171. ]               PORT WORKERS
Transitory 
provision. 
Amended by:
L.N. 4 of 1963; 
XVII.1991.82.
22. Until such time as the Council is established under section
7 of this Ordinance the Minister may by order make determinations
under the provisions of article 8 without reference to such Council
and such determinations shall be published in the Government
Gazette and shall remain binding on all employers of port workers
and on port workers from the date of publication or such other
future date as may be appointed by the Minister until they are
varied or revoked by other determinations made in accordance with
the provisions of article 8.
SCHEDULES 
FIRST SCHEDULE 
[A R T I C L E  7]
P R O C E D U R E   O F   T H E   P O R T   L A B O U R   J O I N T   C O U N C I L
1. The quorum of the Council shall consist of the Chairman
and at least two members of each side of the Council.
2. The Council shall have power to co-opt any person to
attend its meetings in a consultative capacity.
3. Meetings of the Council shall be held as often as the
Chairman deems necessary and not less than once a quarter.
4. No business shall be transacted at any meetings of the
Council except by agreement of both sides thereof, unless notice in
writing of such business has been given to each member of the
Council at least five days before the meeting or within such shorter
period as the Chairman, on grounds of urgency, may determine.
5. Minutes of each meeting shall be kept by the secretary and
shall be confirmed by the Council and signed by the Chairman.
6. If within seven days from the date of circulation of minutes
no remarks are received by the Chairman from members, the
minutes shall be considered as confirmed and action shall be taken
accordingly.
7. For the purposes of article 8(2) and (3) the agreement of
either side of the Council shall be expressed by a majority of the
members of that side present and voting.
8. The Council shall otherwise regulate its own procedure.
                                  PORT WORKERS                          [ CAP. 171.           13
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68: 
L.N. 148 of 1975; 
XVII. 1991.82.
 SECOND SCHEDULE
[A R T I C L E  12]
P R O C E D U R E   O F   T H E   P O R T   W O R K E R S   B O A R D
1. The Board shall hold its sittings in public. 
2. The Board shall have power to - 
( a ) summon witnesses; 
( b ) take expert advice; 
( c ) administer oaths; and
( d ) require any person who appears to it to have special
knowledge of the matter under consideration to furnish
orally or in writing such particulars in relation thereto
as the Board may require.
3. Oaths shall be administered by the Chairman.
4. (1) In the exercise of its powers in accordance with the
provisions of paragraph 2( a )   and   ( d ), the Board shall have the
powers which are conferred by law on the First Hall of the Civil
Court:
 Provided that -
( a ) the Board shall not in any case be enabled to order the
detention of any person; and
( b ) the duties of a court usher and of a court marshal
respectively shall be performed by members of the
Executive Police detailed for the purpose by the
Commissioner of Police.
(2) Any fine inflicted by the Board shall be recoverable by the
Authority as a civil debt due to it.
5. Every summons shall be signed by the Chairman and may
be served either personally or by registered post, and in the latter
case, in proving service, it shall be sufficient to prove that the
summons was properly addressed and posted.
6. The Board may reach its decision by means of a majority
vote.
7. The Board shall otherwise regulate its own procedure.
  14        CAP. 171. ]               PORT WORKERS
Added by: 
IX. 1973.12. 
Amended by: 
LVIII. 1974.68: 
L.N. 148 of 1975; 
XXVIII. 1975.6; 
XIII. 1983.5; 
XVII. 1991.82.
 THIRD SCHEDULE
[A R T I C L E  11]
P R O C E D U R E  O F  T H E  P O R T  D I S P U T E S  B O A R D
1. The Board shall conduct its proceedings in accordance
with the provisions of article 11 of the Ordinance.
2. The Board shall have power to -
( a ) summon witnesses;
( b ) administer oaths; and
( c ) require any person who appears to it to have special
knowledge of the matter under consideration to furnish
orally or in writing such particulars in relation thereto
as the Board may require.
3. Oaths shall be administered by the person chairing the
Board. 
4. (1) In the exercise of its powers in accordance with the
provisions of paragraph 2( a )   and   ( b ), the Board shall have the
powers which are conferred by law on the First Hall of the Civil
Court:
  Provided that -
( a ) the Board shall not in any case be enabled to order the
detention of any person; and
( b ) the duties of a court usher and of a court marshal
respectively shall be performed by members of the
Executive Police detailed for the purpose by the
Commissioner of Police.
(2) Any fine inflicted by the Board shall be recoverable by the
Authority as a civil debt due to it.
5. Every summons shall be signed by the Chairman and may
be served either personally or by registered post, and in the latter
case, in proving service, it shall be sufficient to prove that the
summons was properly addressed and posted.
6. The Board shall be convened following delivery to the
secretary of the Board of a notice in writing stating that a specific
dispute has arisen between employers and workers. The notice shall
state the nature of the dispute and shall be signed by the person
referring the matter to the Board.
7. When delivering the notice referred to in paragraph 6
hereof, the person delivering the notice may be required to deposit
with the secretary a sum of ten liri representing the fee relative to
the meeting of the Board. The Board may, when delivering its
decision, determine which, or in what proportion, are the parties to
pay the costs.
                                  PORT WORKERS                          [ CAP. 171.           15
8. (1) Any claim arising out of a dispute between a particular
employer and port workers in connection with port work shall be
rejected by the Board if the person or persons making such a claim,
when duly summoned to appear before the Board, fails or fail to
appear without any valid reason before such Board within one hour
of the time fixed for the hearing of the claim.
(2) Any claim arising out of a dispute between a particular
employer and port workers in connection with port work shall be
deemed to have been admitted by default if the Board is satisfied
that the person or persons against whom the claim is brought had
failed to appear before it without any valid reason within one hour
of the time fixed for the hearing of the claim.
