S.L. 171.2 Art. 13Eligibility to fill vacancies from the Prospective Port Workers Register.

(1) Eligibility to fill vacancies from the Prospective Port Workers Register shall be limited to the son or daughter, or to the elder from among the sons or daughters, of a port worker who was registered as such as on the 17th September, 1990, and who retires or who is medically boarded out under the provisions of these regulations or who dies:

Provided that such son or daughter satisfies the Board that -

(a) he or she is a person eligible to fill a vacancy as provided for in regulation 11(3);

(b) if he or she is an adopted son or daughter, was not over the age of six years when adopted;

(c) he or she has applied to the Authority for port work prior to the date on which the vacancy occurs and has renewed in person such registration at the Authority during the month of January of each successive year: Provided further that in the absence of a son or daughter of a retired or deceased port worker who was a port worker in the general cargo stevedores or port labourers section as on the 10th June, 1975, eligibility to fill a vacancy shall be limited to the brother or sister or to the elder from among the brothers or sisters of such port worker, provided such brother or sister satisfies the Board that he or she is a person eligible to fill a vacancy as provided for in regulation 11(3) and in paragraph (c).

(2) Where a vacancy occurs among port workers, the Authority shall enter in the Prospective Port Workers Register established under regulation 9, and which it shall keep for the purpose, the name of the person who, in accordance with the provisions of sub-regulation (1), is eligible to fill that vacancy and who applies to be so registered.

(3) Saving the provisions of sub-regulation (2), the son or daughter of a port worker who retires or who is medically boarded out or who dies, or the brother or sister of a port worker who retires or who dies, shall be registered in the Prospective Port Workers Register on the day of such retirement or medical boarding out or death, as the case may be.

(4) The order in which vacancies shall be filled shall be determined by the chronological order of the retirement or medical boarding out or death, but any person being the son or daughter or brother or sister of a port worker who was so registered as on 10th June, 1975, and who is registered in the Prospective Port Workers Register and who is still so registered on the day immediately prior to his or her forty-fifth birthday shall, subject to the provisions of these regulations, on that day be registered in the Port Workers Register, without affecting the rights of other persons registered in the Prospective Port Workers Register:

Provided that when more than one person retires or is medically boarded out or dies on the same day, the order of preference shall be established by the date of birth of the prospective port worker, starting from the eldest.

(5) Registration in the Prospective Port Workers Register shall lapse if it is not renewed in person at the Authority in the month of January of each year.

(6) Notwithstanding the provisions of subregulations (2) and (3), the Authority may register in the Prospective Port Workers Register the minor son or daughter of a registered port worker who dies while so registered or who retires from port work on reaching retirement age:

Provided that -

(a) if such son or daughter is over the age of sixteen and under the age of eighteen years, such son or daughter applies for registration within one month from the death or retirement of his or her father, as the case may be, and thereafter renews such registration as provided for in this regulation;

(b) if such son or daughter is under the age of sixteen years on the death or retirement of his or her father, as the case may be, such son or daughter applies for registration within one month of attaining the age of sixteen years, and thereafter renews such registration as provided for in this regulation.

(c) the registration of such son or daughter in the Prospective Port Workers Register shall not entitle him or her to compete for the filling of vacancies until such time as he or she reaches eighteen years of age and, notwithstanding the provisions of sub-regulation (4) he or she shall, for the purpose of the order in which vacancies are filled, be placed after the person then appearing last on that Register.

(8) Deleted by Legal Notice 318 of 2002.

(9) A minor son or daughter who qualifies for registration in the Prospective Port Workers Register in terms of this regulation shall not eventually be registered as a port worker if he or she is not a person eligible to be so registered as provided for in regulation 11(3).