- [Act No. 38 of 1963 dated 16th. October, 1963]
An Act to make provision for the constitution of port authorities for
certain major ports in India and to vest the administration, control and
management of such ports in such authorities and for matters connected
therewith.
Be it enacted by Parliament in the Fourteenth Year of the Republic of
India as follows: -
CHAPTER I: PRELIMINARY
1. Short title commencement and application
(1) This Act may be called the Major Port Trusts Act, 1963.
(2) It shall come into force on such date1 as the Central Government may,
by notification in the Official Gazette, appoint.
(3) It applies in the first instance to the major ports of Cochin, Kandla
and Visakhapatnam and the Central Government may, by notification in the
Official Gazette, apply2 the provisions of this Act to such other major
port 3[***], and with effect from such date, as may be specified in the
notification.
2. Definitions
In this Act, unless the context otherwise requires,-
(a) "appointed day", in relation to a port, means the date on which this
Act is made applicable to that port;
4(aa) "Authority" means the Tariff Authority for Major Ports constituted
under section 47A;
(b) "Board", in relation to a port, means the Board of Trustees
constituted under this Act for that port;
(c) "Chairman" means the Chairman of a Board and includes the person
appointed to act in his place under section 14;
(d) "Collector of Customs" has the same meaning as in the Customs Act,
1962;
(e) "Deputy Chairman" means 5[the Deputy Chairman, or, as the case may be,
a Deputy Chairman of a Board] and includes the person appointed to act in
his place under section 14;
(f) "dock" includes all basins, locks, cuts, entrances, graving docks,
graving blocks, inclined planes, slipways, gridirons, moorings,
transit-sheds, warehouses, tramways, railways and other works and things
appertaining to any dock, and also the portion of the sea enclosed or
protected by the arms or groynes of a harbour;
(g) "foreshore", in relation to a port, means the area between the
high-water mark and the low-water mark relating to that port;
(h) "goods" includes livestock and every kind of movable property;
(i) "high-water mark", in relation to a port, means a line drawn through
the highest points reached by ordinary spring-tides at any season of the
year at the port;
6[(ia) "immovable property" includes wharfage-rights an all other rights
exercisable on, over, or in respect of, any land, wharf, dock or pier;]
(j) "Indian Ports Act" means the Indian Ports Act, 1908;
(k) "land" includes the bed of the sea or river below high-water mark, and
also things attached to the earth or permanently fastened to anything
attached to the earth;
(l) "low-water mark", in relation to a port, means a line drawn through
the lowest points reached by ordinary spring-tides at any season of the
year at that port;
(m) "major port" has the same meaning as in the Indian Ports Act;
(n) "master", in relation to any vessel or any aircraft making use of any
port, means any person having for the time being the charge or control of
such vessel or such aircraft, as the case may be, except a pilot, harbour
master, assistant harbour master, dock master or berthing master of the
port;
(o) "owner", (i) in relation to goods, includes any consignor, consignee,
shipper or agent for the sale, custody, loading or unloading of such
goods; and (ii) in relation to any vessel or any aircraft making use of
any port, includes any part-owner, charterer, consignee, or mortgagee in
possession thereof,
(p) "pier" includes any stage, stairs, landing place, hard, jetty,
floating barge, 7[transhipper] or pontoon, and any bridges or other works
connected therewith.
7[Explanation.-For the purposes of this clause, "transhipper" means a
floating craft or vessel, whether dumb or self-propelled, on which gears
are provided for discharging cargo from a barge or wharf and loading it
into a ship;]
(q) "port" means any major port to which this Act applies within such
limits as may, from time to time, be defined by the Central Government for
the purposes of this Act by notification in the Official Gazette, and,
until a notification is so issued, within such limits as may have been
defined by the Central Government under the provisions of the Indian Ports
Act;
(r) "port approaches", in relation to a port, means those parts of the
navigable rivers and channels leading to the port, in which the Indian
Ports Act is in force;
(s) "Port Trust security" means debentures, bonds or stock certificates
issued by a Board in respect of any loan contracted by it under the
provisions of this Act or issued by any other authority for the payment of
which the Board is liable under this Act;
(t) "prescribed" means prescribed by rules or regulations made under this
Act;
(u) "public securities" means-
(i) promissory notes, debentures, stock or other securities of the Central
Government or of any State Government.
Provided that securities, both the principal whereof and the interest
whereon have been fully and unconditionally guaranteed by any such
Government, shall be deemed, for the purposes of this clause, to be
securities of such Government;
(ii) debentures or other securities for money issued by or on behalf of
any municipal body, Improvement Trust or Port Trust under the authority of
any law for the time being in force in India (including the Port Trust
securities);
(v) "rate" includes any toll, due, rent, rate, fee, or charge leviable
under this Act;
(w) "regulations" means regulations made under this Act;
(x) "rules" means rules made by the Central Government under this Act;
(y) "Trustee", in relation to a port, means a member of the Board
constituted for the port;
8[(z) "vessel" includes anything made for the conveyance, mainly by water,
of human beings or of goods and a caisson;]
(za) "wharf" includes any wall or stage and any part of the land or
foreshore that may be used for loading or unloading goods, or for the
embarkation or disembarkation of passengers and any wall enclosing or
adjoining the same.
CHAPTER II : BOARD OF TRUSTEES AND COMMITTEES THEREOF
3. Constitution of Board of Trustees
(1) With effect from such date as may be specified by notification in the
Official Gazette, the Central Government shall cause to be constituted in
respect of any major port a Board of Trustees to be called the Board of
Trustees of that port, which shall consist of the following Trustees,
namely:-
(a) a Chairman to be appointed by the Central Government;
9[(b) one Deputy Chairman or more, as. the Central Government may deem fit
to appoint;]
10[(c) not more than nineteen persons in the case of each of the ports of
Bombay,
Calcutta and Madras and not more than seventeen persons in the case of any
other port who shall consist of-
(i) such number of persons, as the Central Government may, from time to
time, by notification in the Official Gazette, specify, to be appointed by
that Government from amongst persons who are in its opinion capable of
representing any one or more of such of the following interests as may be
specified in the notification, namely:-
(1) labour employed in the port;
(2) the Mercantile Marine Department;
(3) the Customs Department.,
(4) the Government of the State in which the port is situated;
(5) the Defence Services;
(6) the Indian Railways; and
(7) such other interests as, in the opinion of the Central Government,
ought to be represented on the Board.
Provided that before appointing any person to represent the labour
employed in the port, the Central Government shall obtain the opinion of
the trade unions, if any, composed of persons employed in the port and
registered under the Trade Unions Act, 1926 (16 of 1926), and that the
number of persons so appointed shall not be less than two;
(ii) such number of persons, as the Central Government may, from time to
time, by notification in the Official Gazette, specify, to be elected by
such bodies and representing any one or more of such of the following
interests as may be specified in the notification from among themselves,
namely:-
(1) ship owners;
(2) owners of sailing vessels;
(3) shippers; and
(4) such other interests as, in the opinion of the Central Government,
ought to be represented on the Board:
Provided that in a case where any such body is an undertaking owned or
controlled by the Government, the person to be elected by such body shall
be appointed by the Central Government.]
(2) A Trustee appointed by the Central Government under this Act may be
appointed by name or by virtue of office.
(3) Every notification issued under 11[sub-clause (ii) of clause (c) of
sub-section (1)] may also specify the number of Trustees that each of the
bodies referred to in that clause may elect.
(4) The election of Trustees under 11[sub-clause (ii) of clause (c) of
sub-section (1)] shall be held within such period as may, from time to
time, be specified by the Central Government.
(5) The chief executive authority of every electing body shall communicate
forthwith to the Central Government the result of any election held in
pursuance of sub-section (4).
(6) The names of persons appointed or elected as Trustees shall be
notified by the Central Government in the Official Gazette.
4. First Board of Trustees
(1) Notwithstanding anything contained in section 3, the Central
Government may, by notification in the Official Gazette, constitute in
respect of any major port the first Board of Trustees thereof consisting
of-
(a) a Chairman to be appointed by the Central Government;
(b) a Deputy Chairman, if the Central Government deems fit to appoint one;
and
(c) such number of other Trustees, 12[not exceeding seventeen], as that
Government may deem expedient, to be appointed by that Government from
amongst persons who are in its opinion capable of representing,-
(i) labour employed in the port;
(ii) Government of the State in which the port is situated;
(iii) Government departments specified 13[in sub-clause (i) of clause (c)]
of sub-section (l) of section 3; and
(iv) such other interests as, in the opinion of the Central Government,
ought to be represented on the Board.
(2) Subject to the provisions of sub-section (3), the persons appointed as
Trustees under sub-section (1) shall hold office during the pleasure of
the Central Government.
(3) On the constitution of the Board under section 3, the first Board of
Trustees shall cease to exist.
5. Board to be body corporate
Every Board constituted under this Act shall be a body corporate having
perpetual succession and a common seal with power, subject to the
provisions of this Act, to acquire, hold or dispose of property and may by
the name by which it is constituted, sue or be sued.
6. Disqualification for office of Trustee
A person shall be disqualified for being chosen as a Trustee, if he-
(a) has been convicted and sentenced to imprisonment for an offence which,
in the opinion of the Central Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) holds any office of profit under the Board:
14[Provided that this disqualification shall not apply to the Chairman,
Deputy Chairman or a Trustee who has been appointed to represent the
labour employed in the port or appointed by virtue of office as officer or
member of an association formed for the purpose of promoting the interests
or welfare of any class of employees of the Board;]
(d) has, directly or indirectly, any share or interest in any work done by
order of the Board, or in any contract or employment, with, by, or on
behalf of the Board;]
Provided that no person shall be deemed to have a share or interest in
such work, contract or employment by reason only of his-
(i) having a share in any company or firm which may contract with or be
employed by or on behalf of the Board, or
(ii) having a share of interest in any newspaper in which any
advertisement relating to the affairs of the Board may be inserted, or
(iii) being interested in any loan of money to the Board, or
(iv) having a share or interest in any lease, sale, exchange or purchase
of immovable property or any agreement for the same, or
(v) having a share or interest in any licence by the Board, or right by
agreement or otherwise, with the Board to the sole or preferential use of
any railway siding or any berth for vessels in the docks belonging to the
Board, or
(vi) having a share or interest in the occasional sale to the Board, to a
value not exceeding ten thousand rupees in any one financial year, of any
article in which he trades.
7. Term of office of Trustees
(1) The Chairman and the Deputy Chairman shall hold office during the
pleasure of the Central Government.
(2) Subject to the provisions of this Act,-
(a) every person elected or appointed by name to be a Trustee shall hold
office to which he is elected or so appointed, for a term of two years
commencing on the 1st day of April next following his election or
appointment, as the case may be :
Provided that the term of office of a member elected to represent any body
of persons shall come to an end as soon as he ceases to be a member of
that body;
(b) a person appointed by virtue of an office to be a Trustee shall, until
the Central Government by notification in the official Gazette otherwise
directs, continue to be a Trustee so long as he continues to hold that
office.
8. Vacation of office of Trustees
(1) The Central Government shall remove a Trustee if he-
(a) becomes subject to any of the disqualified mentioned section 6; or
15[(aa) has, in the opinion of the Central Government, ceased to represent
the interest by virtue of which he was appointed or elected; or]
(b) refuses to act or becomes incapable of acting; or
(c) is, without the permission of the Board previously obtained, absent
from six consecutive ordinary meetings of the Board; or
(d) is absent from the meetings of the Board for a period exceeding six
consecutive months; or
(e) acts in contravention of the provisions of section 19
(2) A Trustee may resign his office by giving notice in writing to the
Chairman who shall forward the same to the Central Government, and on such
resignation being accepted by that Government he shall be deemed to have
vacated his office.
9. Eligibility of Trustee for re-appointment or re-election
Any person ceasing to be a Trustee shall, unless disqualified under
section 6, be eligible for re-appointment or re-election.
10. Filling of vacancies in office of Trustee
(1) In the case of a vacancy in the office of a Trustee appointed by name
or an elective Trustee caused by the expiration of the term of office of
such Trustee, the appointment to fill such vacancy shall be made or an
election to fill such vacancy shall be completed, as the case may be,
within two months immediately preceding the date of expiration of such
term.
(2) In the case of a vacancy in the office of a Trustee appointed by the
Central Government by virtue of an office, the appointment to fill such
vacancy shall be made within one month of the occurrence of such vacancy.
(3) In the case of a casual vacancy in the office of a Trustee appointed
by name or an elective Trustee caused by the death of such Trustee or by
virtue of the provisions of section 8, such vacancy shall be filled within
one month of the occurrence thereof by appointment for election, as the
case may be, in the manner herein before specified:
Provided that the Trustee so appointed or elected shall retain his office
so long only as the vacating Trustee shall have retained the same if such
vacancy had not occurred :
Provided further that no such casual vacancy occurring within three months
of the date of expiry of the normal term of office of the vacating Trustee
shall be filled up under this sub-section.
11. Saying provision for appointment of Trustee by Central Government
after prescribed period
Nothing in the foregoing provisions shall prevent a person being appointed
by the Central Government to fill any vacancy in the office of a Trustee
appointed by the Central Government after the expiration of the period
specified in section 10, if for any reason it has not been possible for
the Central Government to make the appointment within the said period.
12. Power of Central Government to extend time for election or appoint
Trustees in default of election
(1) If the Central Government is satisfied that an electing body has
failed to elect a Trustee within the period specified therefor in
sub-section (4) of section 3 or section 10 for reasons beyond its control,
the Central Government may, by notification in the Official Gazette,
direct that the election shall be held on or before such date as may be
specified in the notification.
(2) In the event of default being made in electing any Trustee within the
period specified therefor under sub-section (4) of section 3 or under
section 10, or as the case may be, on or before the date specified in the
notification issued under sub-section (1), it shall be lawful for the
Central Government to appoint a person by notification in the Official
Gazette and the person so appointed shall be deemed to be an elective
Trustee.
13. Term of office In case of certain trustees
Where a Trustee is appointed under section 11 or under sub-section (2) of
section 12 or elected in pursuance of a direction issued under sub-section
(1) of section 12, the term of office of such Trustee shall commence on
the date on which his appointment or election, as the case may be, is
notified in the Official Gazette and shall expire on the date on which his
term of office would have expired if his appointment or election had been
made within the period specified under section 10, or, as the case may be,
under sub-section (4) of section 3.
14. Absence of Chairman and Deputy Chairman
If the Chairman or the Deputy Chairman is, by infirmity or otherwise,
rendered incapable of carrying out his duties or is absent on leave or
otherwise, in circumstances not involving the vacation of his appointment,
or is sent on deputation outside India for any of the purposes of this
Act, the Central Government may appoint another person to act in his place
during his absence:
Provided that the Chairman or the Deputy Chairman, while on deputation
outside India may, if the Central Government by order so directs and
subject to such conditions and restrictions as may be specified in that
order, exercise such of the powers and perform such of the duties
conferred or imposed on the Chairman or the Deputy Chairman, as the case
may be, by or under this Act as he may deem necessary, and the Chairman or
Deputy Chairman while exercising such powers and performing such duties
shall be deemed to be a Trustee notwithstanding anything to the contrary
contained in this Act.
14 A. Acting Chairman or Deputy Chairman
The Central Government may, pending the consideration of the question as
to who may be appointed as Chairman or Deputy Chairman of a Board under
section 3 or section 4, appoint a person to be the acting Chairman or
Deputy Chairman thereof and notify his name in the Official Gazette and
the person so appointed shall, until the Central Government by
notification in the Official Gazette otherwise directs, be deemed for the
purposes of this Act to be the Chairman or Deputy Chairman of such Board
appointed under section 3 or section 4, as the case may be.]
15. Conditions of service of Chairman and Deputy Chairman
The Chairman and the Deputy Chairman shall be paid such salary and be
governed by such terms and conditions of service as may, from time to
time, be determined by the Central Government.
16. Meetings of Board
(1) A Board shall meet at such times and places and shall, subject to the
provisions of subject to the provision of sub-section (2), (3) and (4),
observe such rules of procedure in regard to the transaction of business
at its meetings as may be provided by rules made under this Act.
(2) The Chairman or, in his absence, the Deputy Chairman, and in the
absence of both, any person chosen by the Trustees present from among
themselves, shall preside at meetings of the Board.
(3) All questions at a meeting of the Board shall be decided by a majority
of the votes of the Trustees present and voting and, in the case of an
equality of votes, the person presiding shall have a second or casting
vote.
(4) No business shall be transacted at any meeting of the Board unless not
less than five Trustees are present throughout such meeting.
17. Committees of Board
(1) A Board may, from time to time, constitute from amongst the Trustees
one or more committees, each consisting of such number as the Board may
consider necessary, for the purpose of discharging such of its functions
as may be delegated to such of its function as may be delegated to such
committee or committees by the Board.
17[(1A) Notwithstanding anything contained in sub-section (1) or any other
provision of this Act, the Board may appoint a person who is not a Trustee
to be a member of any Committee constituted under that sub-section and a
person so appointed shall, for the purpose of the discharge of his
functions as such member, be deemed to be a Trustee.]
(2) A committee constituted under this section shall meet at such time and
at such places and shall observe such rules of procedure in regard to the
transaction of business its meeting (including the quorum) as may be
provided by regulations made under this Act.
18. Fees and allowances payment Trustees
18[(1)] The Trustees shall be paid by the Board such fees and allowances
for attending the meetings of the Board or of any of its committees and
for attending to any other work of the Board as may be provided by rules
made under this Act :
Provided that no fees shall be payable to the Chairman, Deputy Chairman or
any other Trustee who is a servant of the Government.
18[(2) A member of a committee appointed under sub-section (1A) of section
17 shall be paid the sane fees and allowances for attending the meetings
of the committee and for attending to any other work of the Board as are
payable to a Trustee under sub-section (1) :
Provided that the Board may, with the prior approval of the Central
Government, pay to any such member fees and allowances at a rate higher
than that provided in the case of Trustees.]
19. Restriction of power of Trustees to vote in certain cases
No Trustee shall vote or take part in the discussion of any matter coming
up for consideration at a meeting of the Board or any of its committees if
the matter is one in which he has any director indirect pecuniary interest
by himself or his partner, or in which he is interested professionally on
behalf of a client or as agent for any person other than the Government
20[or an undertaking owned or controlled by the Government] or a local
authority or a trade union registered under 21[the Trade Unions Act, 1926
(16 of 1926), or other than as officer or member of an association formed
for the purpose of promoting the interests or welfare of any class of
employees of the Board].
20. Defects In appointments or election not to invalidate acts, etc
No act or proceeding of a Board or of any of its committees shall be
invalid merely by reason of-
(a) any vacancy therein or any defect in the constitution thereof. or
(b) any defect in the election or appointment of a person as a member
thereof, or
(c) any Trustee having acted or taken part in any proceedings in
contravention of section 19, or
(d) any irregularity in its procedure not affecting the merits of the
case.
21. Delegation of powers
A Board may, with the approval of the Central Government, specify-
(a) the powers and duties conferred or imposed upon the Board by or under
this Act, which may also be exercised or performed by the Chairman; and
(b) the powers and duties conferred or imposed on the Chairman by or under
this Act, which may also be exercised or performed by the Deputy Chairman
or any officer of the Board and the conditions and restrictions, if any,
subject to which such powers and duties may be exercised and performed:
Provided that any powers and duties conferred or imposed upon the Deputy
Chairman or any officer of the Board under clause (b) shall be exercised
and performed by him subject to the supervision and control of the
Chairman.
22. Duties of Chairman and Deputy Chairman
(1) It shall be the duty of the Chairman and the Deputy Chairman to attend
every meeting of the Board unless prevented by sickness or other
reasonable cause.
(2) 'The Chairman shall, as soon as possible, transmit to the Central
Government a copy of the minutes of every meeting of the Board and small
furnish to that Government such reports, returns, documents or other
information as it may, from time to time, call for.
(3) The Chairman shall exercise supervision and control over the acts of
all employees of the Board in matters of executive administration and in
matters concerning the accounts and records of the Board.
CHAPTER III : STAFF OF THE BOARD
23. Schedule of Board's staff
A Board shall, from time to time, prepare and sanction a Schedule of the
employees of the Board whom it deems necessary and proper to maintain for
the purposes of this Act and such Schedule shall indicate therein the
designations and grades of employees and the salaries, fees and allowances
which are proposed to be paid to them :
22[Provided that the previous sanction of the Central Government shall be
obtained for the inclusion in the said Schedule of those designations and
grades of employees and the salaries, fees and allowances payable to them
which the Central Government may, by order, specify, and where no such
order is made, of such posts (including the salaries and allowances
attached thereto) which are required to be created by the Central
Government, or for the creation of which the previous sanction of the
Central Government is required, under this Act.]
24. Power to make appointments :
(1) Subject to the provisions of the Schedule for the time being in force
sanctioned by a Board under section 23, the power of appointing any person
to any Post, whether temporary or permanent, shall-
(a) in the case of a post-
(i) the incumbent of which is to be regarded as the Head of a department;
or
(ii) to which such incumbent is to be appointed; or
(iii) the maximum of the pay scale of which (exclusive of allowances)
exceeds such amount as the Central Government may, by notification in the
Official Gazette, fix,]
be exercisable by the Central Government after consultation with the
Chairman;]
(b) in the case of any other post, be exercisable by the Chairman or by
such authority as may be prescribed by regulations:]
Provided that no person shall be appointed as a pilot at any port, who is
not for the time being authorised by the Central Government under the
provisions of the Indian Ports Act to pilot vessels 26[at that or any
other port].
(2) The Central Government may, by order, specify any post the incumbent
of which shall, for the purposes of this Act, be regarded as the Head of a
department.
25. Power to grant leave, etc.; to employees of Board
(1) Subject to any regulations made under section 28, the power of 27[***]
granting extension of service to, granting leave to, suspending, reducing,
28[compulsorily retiring,] removing or dismissing or of disposing of any
other question relating to the services of, the employees of a Board,
including the power of dispensing with the services of any such employee
otherwise than by reason of the misconduct of such employee, shall be
exercised-
29[(a) in the case of an employee holding a post referred to in clause (a)
of sub-section (1) of section 24, by the Chairman;
(b) in any other case, by the Chairman or by such authority as may be
prescribed by regulations:]
Provided that no such order, so far as the same involves extension of
service, suspension, reduction in rank, 30[compulsory retirement,] removal
or dismissal of 31[an employee referred to in clause (a)], shall have
effect until it is approved by the Central Government.
(2) Any employee of a Board 32[***] aggrieved by an order involving his
reduction in rank, 30[compulsory retirement,] removal or dismissal of may,
within such time and in such manner as may be provided for by regulations,
prefer an appeal-
33[(a) to the Central Government, where such order is passed by the
Chairman;
(b) to the Chairman, where such order is passed by any such authority as
is prescribed by regulations under clause (b) of sub-section (1):]
Provided that where the person who passed the order becomes, by virtue of
his subsequent appointment as the Chairman, the appellate authority in
respect of the appeal against the order such person shall forward the
appeal to 34[the Central Government] and 34[the Central Government] in
relation to that appeal shall be deemed to be the appellate authority for
the purposes of this section.
26. Consulting Engineer to Board
A Board may appoint any person as Consulting Engineer to the Board
otherwise than on the basis of payment of a monthly salary, but every such
appointment shall be subject to the sanction of the Central Government.
27. Power to create posts
Notwithstanding anything contained in section 23, the power to create any
post, whether temporary or permanent, shall,-
(a) in the case of a post the holder of which is to be regarded as the
Head of a department or in the case of a post the maximum of the pay-scale
of which (exclusive of allowances) 36[ exceeds such amount as the Central
Government may, by notification in the Official Gazette, fix, be
exercisable by that Government;]
(b) in the case of a post [other than a post referred to in clause (a)],
the maximum of the pay-scale of which exceeds such amount as the Central
Government may, from time to time by order fix in this behalf, or where no
such amount has been fixed, is not less than one thou. sand rupees, be
exercisable by the Board with the previous sanction of the Central
Government;
(c) in the case of any other post, be exercisable by the Chairman.]
28 Power to make regulations
A Board may make regulations, not inconsistent with this Act, to provide
for any one or more of the following matters, namely:-
(a) the appointment, promotion , suspension, 37[ reduction in rank,
compulsory retirement,] removal and dismissal of its employees;
(b) their leave, leave allowances, pensions, gratuities, compassionate
allowances and travelling allowances and the establishment and maintenance
of a Provident Fund or any other fund for their welfare;
(c) the terms and conditions of service of persons who become employees of
the Board under clause (f) of sub-section (1) of section 29;
(d) the time and manner in which appeals may be preferred under
sub-section (2) of section 25 and the procedure for deciding such appeals;
(e) any other matter which is incidental to, or necessary for, the purpose
of regulating the appointment and conditions of service of its employees.
CHAPTER IV : PROPERTY AND CONTRACTS
29. Transfer of assets and liabilities of Central Government, etc., to
Board
(1) As from the appointed day in relation to any port-
(a) all property, assets and funds 38[and all rights to levy rates] vested
in the Central Government or, as the case may be, any other authority for
the purposes of the port immediately before such day, shall vest in the
Board;
(b) all debts, obligations and liabilities incurred, all contracts entered
into and all matters and things engaged to be done, by, with or for the
Central Government or, as the case may be, the other authority immediately
before such day, for or in connection with the purposes of the port, shall
be deemed to have been incurred, entered into and engaged to be done by,
with or for the Board;
(c) all non-recurring expenditure incurred by the Central Government or
any State Government for or in connection with the purposes of the port up
to such day and declared to be capital expenditure by the Central
Government shall be treated as the capital provided by the Central
Government or, as the case may be, the State Government to the Board;
(d) all rates, fees, rents and other sums of money due to the Central
Government or, as the case may be, the other authority in relation to the
port immediately before such day shall be deemed to be due to the Board;
(e) all suits and other legal proceedings instituted by or against the
Central Government or, as the case may be, the other authority immediately
before such day for any matter in relation to the port may be continued by
or against the Board;
(f ) every employee serving under the Central Government or, as the case
may be, the other authority immediately before such day solely or mainly
for or in connection with the affairs of the port shall become an employee
of the Board, shall hold his office or service therein by the same tenure
and upon the same terms and conditions of service as he would have held
the same if the Board had not been established and shall continue to do so
unless and until his employment in the Board is terminated or until his
tenure, remuneration or terms and conditions of service are duly altered
by the Board:
Provided that the tenure, remuneration and terms and conditions of service
of any such employee shall not be altered to his disadvantage without the
previous sanction of the Central Government.
(2) Notwithstanding anything contained in the Industrial Disputes Act 1947
(14 of 1947) or in any other law for the time being in force, the transfer
of the services of any employees under this section to the Board shall not
entitle such employee to any compensation under that Act Or other law, and
no such claim shall be entertained by any court, tribunal or other
authority.
39(3) Notwithstanding anything contained in clause (a) of sub-section (1),
the right to fix rates vested in the Board shall vest in the Authority as
from the date it is constituted under sub-section (1) of section 47A.
30. Existing rates, etc., to continue until altered by board
As from the appointed day, all rates, fees and other charges in relation
to any port, shall, unless and until they are varied by the competent
authority in accordance with the provisions of this Act, Continue to be
levied and collected at the same rate at which they were being levied and
collected by the Central Government or, as the case may be, any other
authority immediately before such day.
31. Repayment of capital with interest
A Board shall repay, at such intervals and on such terms and conditions as
the Central Government may determine, the amount of capital provided under
clause (c) of sub-section (1) of section 29 with interest at such rate as
may be fixed by that Government and such repayment of capital or payment
of interest shall be deemed to be part of the expenditure of the Board.
32. Acquisition of immovable property for the Board
40[When any immovable property is required for the purposes of the Board],
the Central Government may, at the request of the Board, procure the
acquisition thereof under the provisions of the Land Acquisition Act, 1894
(1 of 1894), and the payment by the Board of the compensation awarded
under that Act and of the charges incurred by the Government in connection
with the proceedings, the land shall vest in the board.
33. Contracts by Board
Subject to the provisions of section 34, a Board shall be competent to
enter into and perform any contract necessary for the performance of its
functions under this Act.
34. Mode of executing contracts on behalf of Board
(i) Every contract shall, on behalf of a Board, be made by the Chairman
41[or by any such officer of the Board not below the rank of the Head of a
department as the Chairman may, by general or special order, authorise in
this behalf] and shall be scaled with the common seal of the Board:
Provided that no contract whereof the value or amount exceeds such value
or amount as the Central Government may from time to time fix in this
behalf shall be made unless it has been previously approved by the Board:
Provided further that no contract for the acquisition or sale of immovable
property or for the lease of any such property for a term exceeding thirty
years, and no other contract whereof the value or amount exceeds such
value or amount as the Central Government may from time to time fix in
this in this behalf, shall be made unless it has been previously approved
by the Central Government.
(2) Subject to the provisions of sub-section (1), the form and manner in
which any contract shall be made under this Act shall be such as may be
prescribed by regulations made in this behalf.
(3) No contract which is not made in accordance with the provisions of
this Act and the regulations made thereunder shall be binding on the
Board.
CHAPTER V : WORKS AND SERVICES TO BE PROVIDED AT PORTS
35. Power of Board to execute works and provide appliances
(1) A Board may execute such works within or without the limits of the
port and provide such appliances as it may deem necessary or expedient.
(2) Such works and appliances may include-
(a) wharves, quays, docks, stages, jetties, piers and other works within
the port or port approaches or on the foreshore of the port or port
approaches, with all such convenient arches, drains, landing places,
stairs, fences, roads, railways, bridges, tunnels and approaches and
buildings required for the residence of the employees of the Board as the
Board may consider necessary;
(b) buses, railways, locomotives, rolling stock, sheds, hotels, warehouses
and other accommodation for passengers aid goods and other appliances for
carrying passengers and for conveying, receiving and storing goods landed,
or to be shipped or otherwise;
(c) moorings and cranes, scales and all other necessary means and
appliances for loading and unloading vessels;
(d) reclaiming, excavating, enclosing and raising any part of the
foreshore of the port or port approaches which may be necessary for the
execution of the works authorised by this Act, or otherwise for the
purposes of this Act;
(e) such breakwaters and other works as may be expedient for the
protection of the port;
(f) dredgers and other machines for cleaning, deepening and improving any
portion of the port or port approaches or of the foreshore of the port or
port approaches;
(g) lighthouses, lightships, beacons, buoys, pilot boats and other
appliances necessary for the safe navigation of the port and of the port
approaches;
(h) vessels, tags or other boats for use within the limits of the port or
beyond those limits, whether in territorial waters or otherwise, for the
purpose of towing or rendering assistance to any vessel, whether entering
or leaving the port or bound elsewhere, and for the purpose of saving or
protecting life or property and for the purpose of landing, shipping or
transhipping passengers or goods under section 42;
(i) sinking of tube-wells, and equipment, maintenance and use of boats,
barges and other appliances for the purpose of the supply of water at the
port;
(j) engines and other appliances necessary for the extinguishing of fires;
42[(k) construction of models and plans for carrying out hydraulic
studies;
(1) dry docks, slipways, boat basins and workshops to carry out repairs or
overhauling of vessels, tugs, boats, machinery or other appliances.]
35A. Power with respect to landing places and bathing ghats
Without prejudice to the powers exercisable under section 35, the Board of
Trustees for the port of Calcutta may, if it considers it necessary so to
do for the purposes of this Act,-
(i) provide for sufficient number of public landing places from and upon
which the public shall be permitted to embark and to land free of charge;
(ii) occupy any bathing ghat, or remove any landing place, within the port
and thereafter prohibit the public from resorting to or using the same :
Provided that the Board shall not exercise any power under this section
unless it reserves, sets out, makes and provides for the use of the
public, such number of bathing ghats within the port as the Central
Government may direct.]
36. Power of Board to undertake certain works
44[(1)] A Board may undertake to carry out on behalf of any person any
works or services or any class of works or services, on such terms and
conditions as may be agreed upon between the Board and the person
concerned.
45[(2) A Board may, if it considers it necessary or expedient in the
public interest so to do, lend any of its vessels or appliances or the
services of any of its employees to any person for such period not
exceeding three months and on such terms and conditions as may be agreed
upon between the Board and the person concerned.]
37. Power of Board to order sea-going vessels to use docks, wharves, etc
(1) When any dock, berth, wharf, quay, stage, jetty or pier erected at any
port or port approaches under the provisions of this Act has been
completed with sufficient warehouses, sheds and appliances for receiving,
landing or shipping goods or passengers from and upon sea-going vessels,
the Board may, after obtaining the approval of the Collector of Customs
and by notification published in three consecutive issues of the Official
Gazette, declare that such dock, berth, wharf, quay, stage, jetty or pier
is ready for receiving, landing and shipping or for landing or for
shipping goods or passengers from and upon sea-going vessels.
(2) As from the date of the publication of such notification for the third
time, it shall be lawful for the Board, from time to time, when there is
room at such dock, berth, wharf, quay, stage, jetty or pier, to order to
come alongside of such dock, berth, wharf, quay, stage, jetty or pier for
the purpose of landing and shipping goods or passengers or for landing or
for shipping the same, any sea-going vessel within the port or port
approaches which has not commenced to discharge goods or passengers, or
which being about to take in goods or passengers, has not commenced to do
so :
Provided that before making such order, the Board shall have regard, as
far as possible, to the convenience of such vessel and of the shippers, in
respect of the use of any particular dock berth, wharf, quay, stage, jetty
or pier :
Provided further that if the Board is not the conservator of the port, the
Board shall not itself make the order as aforesaid but shall require the
conservator of the port, or other person exercising the rights, powers,
and authorities of the conservator of the port, to snake such order.
38. If accommodation sufficient, all sea-going vessels compelled to use
docks, wharves; etc
When a sufficient number of docks, berths, wharves, quays, stages, jetties
or piers have been provided at any port or port approaches as aforesaid,
the Board may, after obtaining the approval of the Collector of Customs
and by notification published in three consecutive issues of the official
Gazette, direct that no goods or passengers shall be landed or shipped
from or upon any sea-going vessel within the port or port approaches
otherwise than at such docks, berths, wharves, quays, stages, jetties or
piers, except with the sanction of the Board and in accordance with Such
conditions as the Board may specify.
39. Power to order vessels not to come alongside of, or to he removed
from, docks, wharves, etc
Any officer appointed by the Board in this behalf may, in cases of
emergency or for any reason which appears to him sufficient, by notice in
writing, order the master or owner or agent of any sea-going vessel not to
bring such vessel alongside of, or to remove such vessel from, any dock,
berth, wharf, quay, stage, jetty or pier belonging to or under the control
of the Board, and, if such notice is not complied with, 46[the Board may
charge, by way of penalty, in respect of such vessel such sum as it thinks
fit, not exceeding ten thousand rupees] for each day of twenty-four hours,
or portion of such day, during which such vessel remains at such dock,
berth, wharf, quay, stage, jetty or pier :
Provided that in the case of a vessel ordered to be removed, such charge
shall not commence to be made till after the expiry of twelve hours from
the service of such notice as aforesaid on the master or owner or agent of
the vessel.
40. Power of Central Government to exempt from obligation to use docks,
wharves, etc
Notwithstanding anything contained in sections 37 and 38, the Central
Government may, if in its opinion it is necessary in the public interest
so to do, by general or special order, from time to time, permit certain
specified vessels or classes of vessels to discharge or ship goods or
certain specified goods or classes of goods, at such place in a port or
within the port approaches, in such manner, during such period and subject
to such payments to the Board and on such conditions as the Central
Government may think fit.
41. Board to declare when vessels other than sea-going vessels compelled
to use docks, wharves, etc.
(1) When any dock, berth, wharf, quay, stage, jetty or pier for receiving,
landing or shipment of goods or passengers from or upon vessels, not being
sea-going vessels, has been made and completed with all proper appliances
in that behalf, the Board may, after obtaining the approval of the
Collector of Customs, by order published in three consecutive issues of
the Official Gazette,-
(i) declare that such dock, berth, wharf, quay, stage, jetty or pier is
ready for receiving, landing or shipment of goods or passengers from or on
vessels, not being sea-going vessels, and
(ii) direct that within certain limits to be specified therein it shall
not be lawful, without the express sanction of the Board, to land or ship
any goods or passengers out of, or into, any vessel, not being a sea-going
vessel, of any class specified in such order, except at such dock, berth,
wharf, quay, stage, jetty or pier.
(2) As from the date of the publication of the order mentioned in
sub-section (1) for the third time, it shall not be lawful, without the
consent of the Board, for any vessel of such class-
(i) to land or ship any goods or passengers at any place within the limits
so specified, except at such dock, berth, wharf, quay, stage, jetty or
pier; or
(ii) while within such limits, to anchor, fasten or lie within fifty yards
of the ordinary low-water mark.
(3) If after the publication of such order, any such vessel shall, while
within the limits so specified, so anchor, fasten or lie, it shall be
lawful for the Board to cause the same to he removed out of the sail
limits at the expense of the master or owner or agent of the vessel.
42. Performance of services by Board or other person
(1) A Board shall have power to undertake the following services:-
(a) landing, shipping or transhipping passengers and goods between vessels
in the port and the wharves, piers, quays or docks belonging to or in the
possession of the Board;
(b) receiving, removing, shifting, transporting, storing or delivering
goods brought within the Board's premises;
(c) carrying passengers by rail or by other means within the limits of the
port or port approaches, subject to such restrictions and conditions as
the Central Government may think fit to impose; 47[***]
(d) receiving and delivering, transporting and booking and despatching
goods originating in the vessels in the port and intended for carriage by
the neighbouring railways, or vice versa, as a railway administration
under the Indian Railways Act, 1890 (9 of 1890); 48[***]
49[(e) piloting, hauling, mooring, remooring, hooking, or measuring of
vessels or any other service in respect of vessels. 49A[and].
49B[(f) developing and providing, subject to the previous approval of the
Central Government, infrastructure facilities for ports.]
(2) A Board may, if so requested by the owner, take charge of the goods
for the purpose of performing the service or services and shall give a
receipt in such form as the Board may specify.
(3) Notwithstanding anything contained in this section, the Board may,
with the previous sanction of the Central Government, authorise any person
to perform any of the services mentioned in sub-section (1) on such terms
and conditions as may be agreed upon.
49C[(3A) Without prejudice to the provisions of sub-section (3), a Board
may, with the previous approval of the Central Government, enter into any
agreement or other arrangement, whether by way of partnership, joint
venture or in any other manner) with, any body corporate or any other
person to perform any of the services and functions assigned to the Board
under this Act on such terms and conditions as may be agreed upon.]
(4) No person authorised under sub-section (3) shall charge or recover for
such service any sum in excess of the amount 49[specified by the
Authority, by notification in the Official Gazette.]
(5) Any such person shall, if so required by the owner, perform in respect
of goods any of the said services and for that purpose take charge of the
goods and give a receipt in such form as the Board may specify.
(6) The responsibility of any such person for the loss, destruction or
deterioration of goods of which he has taken charge shall, subject to the
other provisions of this Act, be that of a bailee under sections 151, 152
and 161 of the Indian Contract Act, 1872.
(7) After any goods have been taken charge of and a receipt given for them
under this section, no liability for any loss or damage which may occur to
them shall attach to any person to whom a receipt has been given or to the
master or owner of the vessel from which the goods have been landed or
transhipped.
43. Responsibility of Board for loss, etc., of goods
(1) Subject to the provisions of this Act, the responsibility of any Board
for the loss, destruction or deterioration of goods of which it has taken
charge shall,-
(i) in the case of goods received for carriage by railway, be governed by
the provisions of the Indian Railways Act, 1890 (9 of 1890); and
(ii) in other cases, be that of a bailee under sections 151, 152 and 161
of the Indian Contract Act, 1872 (9 of 1872), omitting the words "in the
absence of any special contract" in section 152 of that Act :
50[provided that no responsibility under this section shall attach to the
Board-
(a) until a receipt mentioned in sub-section (2) of section 42 is given by
the Board; and
(b) after the expiry of such period as may be prescribed by regulations
from the date of taking charge of such goods by the Board.]
(2) A Board shall not be in the way responsible for the loss, destruction
or deterioration of, or damage to, goods of which it has taken charge,
unless notice of such loss or damage has been given within such period as
may be prescribed by regulations made in this behalf 51[from the date of
taking charge of such goods by the Board] under sub-section (2) of section
42.
44. Accommodation to be provided for customs officers in wharves, etc.,
appointed under Customs Act
Where the Collector of Customs has, under the provisions of any Act for
the levy of duties of customs, appointed any dock, berth, wharf, quay,
stage, jetty, pier, warehouse or shed or a portion of any warehouse or
shed provided. at any port under the provisions of this Act for the use of
sea-going vessels to be an approved place for the landing or shipping of
goods or a warehouse for the storing of dutiable goods on the first
importation thereof without payment of duty, within the meaning of the
first-mentioned Act, the Board shall set apart and maintain such place on
or adjoining such dock, wharf, quay, stage, jetty or pier, or in such
warehouse or shed or portion thereof, for the use of officers of customs
as may be necessary.
45. Dues at customs wharves, etc
Notwithstanding that any dock, berth, wharf, quay, stage, jetty, pier,
warehouse or shed or portion thereof at any port has, under the provisions
of section 44, been set apart for the use of the officers of customs at
the port, all rates and other charges payable under this Act in respect
thereof, or for the storage of goods therein, shall be payable to the
Board, or to such person or persons as may be appointed by the Board to
receive the same.
46. Power to permit erection of private wharves, etc., within a port
subject to conditions
(1) No person shall make, erect or fix within the limits of a port or port
approaches any wharf, dock, quay, stage, jetty, pier, erection or mooring
52[or undertake any reclamation of foreshore within the said limits]
except with the previous permission in writing of the Board and subject to
such conditions, if any, as the Board may specify.
(2) if any person makes, erects or fixes any wharf, dock, quay, stage,
jetty, pier, erection or mooring 52[or undertakes any reclamation of
foreshore] in contravention of sub-section (1), the Board may, by notice,
require such person to remove it within such time as may be specified in
the notice and if the person fails so to remove it, the Board may cause it
to be removed at the expense of that person.
47. Compensation payable in certain cases where use of any private wharf,
etc., rendered unlawful
(1) Where, as a result of an order published under section 38 or section
41, the use of any wharf, dock, berth, quay, stage, jetty or pier, made,
fixed or erected by any person is rendered unlawful, the Board may, after
hearing the person concerned, by order, close, remove, fill up or destroy
such wharf, dock, berth, quay, stage, jetty or pier, or permit the use
thereof to such person on payment of such rates and charges as the Board
may, with the previous sanction of the Central Government, determine.
(2) Save as otherwise provided under sub-section (3) no person shall be
entitled to claim compensation for any injury, damage or loss caused or
alleged to have been caused by an order made under sub-section (1).
(3) If it is proved to the satisfaction of the Board that any such wharf,
dock, berth, quay, stage, jetty or pier, was made, fixed or erected by any
person with the previous permission of the authority competent to grant
such permission, he shall be paid by the Board compensation the amount of
which shall be determined in the manner and in accordance with the
principles hereinafter set out, that is to say-
(a) in computing the compensation, there shall not be taken into account
any rates or other charges which such person shall be liable to pay for
using an wharf, dock, berth, quay, stage, jetty or pier provided by the
Board;
(b) the amount of compensation shall be calculated with reference to the
cost of construction of such wharf, dock, berth, quay, stage, jetty or
pier;
(c) where the amount of compensation can be fixed by agreement, it shall
be paid in accordance with such agreement;
(d) where no such agreement can be reached, the Central Government shall
appoint as arbitrator, a person who is, or has been, or is qualified for
appointment as, a Judge of a High Court;
(e) the Central Government may, in any particular case, nominate a person
possessing special knowledge of any matter relating to any case under
inquiry to assist the arbitrator in determining any question which has to
be decided by him under this section, and where such nomination is made
the person to be compensated may also nominate an assessor for the same
purpose;
(f) at the commencement of the proceeding before the arbitrator, the Board
and the person to be compensated shall state what in their respective
opinion is a fair amount of compensation;
(g) the arbitrator shall, after hearing the dispute, make an award
determining the amount of compensation which appears to him to be just and
specify the person or persons to whom such compensation shall be paid;
(h) where there is a dispute as to the person or persons who are entitled
to the compensation, the arbitrator shall decide such dispute and if the
arbitrator finds that more persons than one are entitled to compensation,
he shall apportion the amount thereof among such persons;
(i) nothing in 53[The Arbitration and Conciliation Act, 1996 (26 of 1996)]
shall apply to arbitrations under this section;
(j) the arbitrator appointed under this section, while holding arbitration
proceedings under this Act, shall have all the powers of a Civil Court
while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in
respect of the following matters, namely:-
(i) summoning and enforcing the attendance of any person and examining him
on oath;
(ii) requiring the discovery and production of documents;
(iii) receiving evidence on affidavits;
(iv) issuing commissions for examination of witnesses or documents;
(k) every award shall also state the amount of costs incurred in the
arbitration proceedings under this section and by what persons and in what
proportions they are to be paid;
(l) any person aggrieved by an award of the arbitrator made under this
section may, within thirty days from the date of the award, prefer an
appeal to the High Court within whose jurisdiction the port is situated :
Provided that the High Court may entertain the appeal after the expiry of
the said period of days if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
CHAPTER VA : TARIFF AUTHORITY FOR MAJOR PORTS
47A. Constitution and incorporation of Tariff Authority for Major Ports
(1) With effect from such date as the Central Government may, by
notification in the Official Gazette, appoint there shall be constituted
for the purposes of this Act an Authority to be called the Tariff
Authority for Major Ports.
(2) The Authority shall be a body corporate by the name aforesaid having
perpetual succession and a common seal and shall by the said name sue and
be sued.
(3) The head office of the Authority shall be at such place as the Central
Government may decide from time to time.
(4) The Authority shall consist of the following Members to be appointed
by the Central Government, namely:-
(a) a Chairperson from amongst persons who is or who has been a Secretary
to the Government of India or has held any equivalent post in the Central
Government and who has experience in the management and knowledge of the
functioning of the ports;
(b) a Member from amongst economists having experience of not less than
fifteen years in the field of transport or foreign trade;
(c) a Member from amongst persons having experience of not less than
fifteen years in the field of finance with special reference to investment
or cost analysis in the Government or in any financial institution or
industrial or services sector.
47B. Term of office, conditions of service, etc., of Chairperson and other
Members
(1) The Chairperson or a Member shall hold office for a term of five years
from the date on which he enters upon his office or until he attains the
age of sixty-five years, whichever is earlier.
(2) The salaries and allowances payable to and other conditions of service
of the Chairperson and the other Members shall be such as may be
prescribed by the Central Government.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson
or a Member may-
(a) relinquish his office by giving in writing to the Central Government a
notice of not less than three months; or
(b) be removed from his office in accordance with the provisions of
section 47D.
(4) If a casual vacancy occurs in the office of the Chairperson or any
Member, whether by reason of his death, resignation or inability to
discharge his functions owing to illness or other incapacity, such vacancy
shall be filled up by the Central Government by making a fresh appointment
and the Chairperson or the Member so appointed shall hold office for the
remainder of the term of office of the person in whose place he is so
appointed.
47C. Disqualification for the office of Chairperson and Member
A person shall be disqualified for being appointed as a Chairperson or as
a Member of the Authority if he is disqualified for being chosen as a
Trustee under section 6.
47D. Removal, etc., of Chairperson and Members
(1) The Central Government shall remove from the Authority the Chairperson
or any Member, if he-
(a) becomes subject to any disqualification under section 47C;
(b) refuses to act or becomes incapable of acting;
(c) in the opinion of the Central Government has so abused his position as
to render his continuance in office detrimental to the public interest, or
(d) is otherwise unsuitable to continue as the Chairperson or as a Member.
(2) The Central Government may suspend the Chairperson or any Member
pending an inquiry against him.
(3) No order of removal under this section shall be made unless the
Chairperson or the Member concerned, as the case may be, has been given an
opportunity to submit his explanation to the Central Government and when
such order is passed, the seat of the Chairperson or Member removed shall
be declared vacant.
(4) The Chairperson or a Member who has been removed under this section
shall not be eligible for re-appointment as a Chairperson or as a Member
or in any other capacity under the Authority.
47E. Meetings
The Authority shall meet at such times and places, and shall observe such
rules of procedure in regard to the transaction of business at its
meetings as may be specified by regulations.
47F. Authentication of all orders and decisions of the Authority
All orders and decisions of the Authority shall be authenticated by the
signature of the Chairperson or any other Member authorised by the
Authority in this behalf.
47G. Vacancy, etc., not to invalidate proceedings of the Authority
No act or proceeding of the Authority shall be invalidated merely by
reason of-
(a) any vacancy in, or any defect in, the constitution of the Authority;
or
(b) any defect in the appointment of a person acting as a Chairperson or a
Member of the Authority; or
(c) any irregularity in the procedure of the Authority not affecting the
merits of the case.
47H. Officers and employees of the Authority
(1) The Authority may appoint officers and such other employees as it
considers necessary for the efficient discharge of its functions under
this Act.
(2) The salary and allowances payable to and the other conditions of
service of the officers and other employees of the Authority appointed
under sub-section (1) shall be such as may be specified by regulations.]
CHAPTER VI : IMPOSITION AND RECOVERY OF RATES AT PORTS
48. Scales of rates for services performed by Board or other person
55[(1) The Authority shall from time to time, by notification in the
Official Gazette, frame a scale of rates at which, and a statement of
conditions under which, any of the services specified hereunder shall be
performed by a Board or any other person authorised under section 42 at or
in relation to the port or port approaches]-
(a) transhipping of passengers or goods between vessels in the port or
port approaches;
(b) landing and shipping of passengers or goods from or to such vessels to
or from any wharf, quay, jetty, pier, dock, berth, mooring, stage or
erection, land or building in the possession or occupation of the Board or
at any place within the limits of the port or port approaches;
(c) carnage or porterage of goods on any such place;
(d) wharfage, storage or demurrage of goods on any such place;
(e) any other service in respect of vessels, passengers or goods, 56[***]
(2) Different scales and conditions may be framed for different classes of
goods and vessels.
49. Scale of rates and statement of conditions for use of property
belonging to Board
55[(1) The Authority shall from time to time, by notification in the
Official Gazette, also frame a scale of rates on payment of which, and a
statement of conditions under which, any property belonging to, or in the
possession or occupation of, the Board, or any place within the limits of
the port or the port approaches may be used for the purposes specified
hereunder]:-
(a) approaching or lying at or alongside any buoy, mooring, wharf, quay,
pier, dock, land, building or place as aforesaid by vessels;
(b) entering upon or plying for hire at or on any wharf, quay, pier, dock,
land, building, road, bridge or place as aforesaid by animals or vehicles
carrying passengers or goods;
(c) leasing of land or sheds by owners of goods imported or intended for
export or by steamer agents;
(d) any other use of any land, building, works, vessels or appliances
belonging to or provided by the Board.
(2) Different scales and conditions maybe framed for different classes of
goods and vessels.
57[(3) Notwithstanding anything contained in sub-section (1), the Board
may, by auction or by inviting tenders, lease any land or shed belonging
to it or in its possession or occupation at a rate higher than that
provided under sub-section (1).]
49A. Fees for pilotage and certain other services
(1) Within any port, fees may be charged for pilotage, hauling, mooring,
re-mooring, hooking, measuring and other services rendered to vessels, at
such rates as the Authority may fix.
(2) The fees now chargeable for such services shall continue to be
chargeable unless and until they are altered in exercise of the power
conferred by sub-section (1).
(3) The Central Government may, in special cases, remit the whole or any
portion of the fees chargeable under sub-section (1) or sub-section (2).
49B. Fixation of port-dues
(1) The Authority shall from time to time, by notification in the Official
Gazette, fix port-dues on vessels entering the port.
(2) An order increasing or altering the fees for pilotage and certain
other services or port-dues at every port shall not take effect until the
expiration of thirty days from the day on which the order was published in
the Official Gazette.]
50. Consolidated rates for combination of services
The Authority may, from time to time, by notification in the Official
Gazette, from a consolidated scale of rates for any combination of service
specified in section 48 or for any combination of such service or services
with any user or permission to use any property belonging to or in the
possession or occupation of the Board, as specified in section 49 or the
fees to be charged for pilotage, hauling, mooring, re-mooring, hooking,
measuring and other services rendered to vessels as specified in section
49A or the port dues to be fixed on vessels entering the port and for the
duration of such dues as specified in section 49B.]
50A. Port-due on vessels in ballast
A vessel entering any port in ballast and not carrying passengers shall be
charged with a port-due at a rate to be determined by the Authority and
not exceeding three-fourths of the rate with which she would otherwise be
chargeable.
50B. Port-due on vessels not discharging or taking in cargo
When a vessel enters a port but does not discharge or take in any cargo or
passengers therein, with the exception of such unshipment and reshipment
as may be necessary for purposes of repair), she shall be charged with a
port-due at a rate to be determined by the Authority and not exceeding
half the rate with which she would otherwise be chargeable.
50C. Publication of orders of Authority
Every notification, declaration, order and regulation of the Authority
made in pursuance of this Act shall be published in the Official Gazette
and a copy thereof shall be kept in the office of the conservator and at
the custom-house, if any, of every port to which the declaration, order or
rule relates, and shall there be open at all reasonable times to the
inspection of any person without payment of any fee.]
51. Power to levy concessional rates in certain cases
In framing scales under any of the foregoing provisions of this Chapter,
the 61[Authority] may prescribe a lower rate in respect of,-
(a) coastal goods, that is to say, goods, other than imported goods as
defined in the Customs Act, 1962 (52 of 1962), carried in a vessel from
one Indian port to another Indian port :
Provided that the 61[Authority] shall not make any discrimination between
one Indian port and another such port in prescribing a lower rate under
this section;
(b) other goods, in special cases.
52. [***]
53. Exemption from, and remission of, rates or charges
A Board may, in special cases and for reasons to be recorded in writing,
exempt either wholly or partially any goods or vessels or class of goods
or vessels from the payment of any rate or of any charge leviable in
respect thereof according to any scale in force under this Act or remit
the whole or any portion of such rate or charge so levied.
54. Power of Central Government, to require modification or cancellation
of rates
(1) Whenever the Central Government considers it necessary in the public
interest so to do, it may, by order in writing together with a statement
of reasons therefore, 63[Authority] to cancel any of the scales in force
or modify the same, such period as that Government may specified in the
order.
(2) 64[If the Authority fails or neglects to comply with the direction
under sub-section (1)] within the specified period, the Central Government
may cancel any of such scales or make such modification therein as it may
think fit;
Provided that before so cancelling or modifying any scale the Central
Government shall consider any objection or suggestion which may be made by
65[the Authority] during the specified period.
(3) When in pursuance of this section any of the scales has been cancelled
or modified, such cancellation or modification, shall be published by the
Central Government in the Official Gazette and shall thereupon have effect
accordingly.
55. Refund of overcharges
No person shall be entitled to a refund of an overcharge made by a Board
unless this claim to the refund has been preferred in writing by him or on
his behalf to the Board within six months from the date of payment duly
supported by all relevant documents:
Provided that a Board may of its own motion remit overcharges made in its
bills at any time.
56. Notice of payment of charges short-levied or erroneously refunded
(1) When any Board is satisfied that any charge leviable under this
Chapter has been short-levied or erroneously refunded, it may issue a
notice to the person who is liable to pay such charge or to whom the
refund has erroneously been made, requiring him to show cause why he
should not pay the amount specified in the notice :
Provided that no such notice shall be issued after the expiry of two
years,-
(a) when the charge is short-levied, from the date of the payment of the
charge;
(b) where a charge has been erroneously refunded, from the date of the
refund.
(2) The Board may, after considering the representation, if any, made by
the person to whom notice is issued under sub-section (1), determine the
amount due from such person and thereupon such person shall pay the amount
so determined.
57. Board not to lease rates without sanction
66[The Authority shall not lease], farm, sell or alienate any power vested
in it under this Act of levying rates without the prior sanction of the
Central Government.
58. Time for payment of rates on goods
Rates in respect of goods to be landed shall be payable immediately on the
landing of the goods and rates in respect of goods to be removed from the
premises of a Board, or to be shipped for export, or to be transhipped,
shall be payable before the goods are so removed or shipped or transhipped.
59. Board's lien for rates
(1) For the amount of all rates 67[leviable under this Act] in respect of
any goods, and for the rent due to the Board for any buildings, plinths
stacking areas, or other premises on or in which any goods may have been
placed, the Board shall have a lien on such goods, and may seize and
detain the same until such rates and rents are fully paid.
(2) Such lien shall have priority over all other liens and claims, except
for general average and for ship-owner’s lien upon the said goods for
freight and other charges where such lien exists and has been preserved in
the manner provided in sub-section (1) of section 60, and for money
payable to the Central Government 68[under any law for the time being in
force relating to customs, other than by way of penalty or fine].
60. Ship-owner's lien for freight and other charges
(1) if the master or owner of any vessel or his agent, at or before the
time of landing from such vessel any goods at any dock, wharf, quay,
stage, jetty, berth, mooring or pier belonging to or in the occupation of
a Board, gives to the Board a notice in writing that such goods are to
remain subject to a lien for freight or other charges payable to the
ship-owner, to an amount to be mentioned in such notice, such goods shall
continue to be liable to such lien to such amount.
(2) The goods shall be retained in the custody of the Board at the risk
and expense of the owners of the goods until such lien is discharged as
hereinafter mentioned; and godown or storage rent shall be payable by the
party entitled to such goods for the time during which they may be so
retained.
(3) Upon the production before any officer appointed by the Board in that
behalf of a document purporting to be a receipt for, or release from, the
amount of such lien, executed by the person by whom or on whos0e behalf
such notice has been given, the Board may permit such goods to be removed
without regard to such lien, provided that the Board shall have used
reasonable care in respect to the authenticity of such document.
61. Sale of goods after two months if rates or rent are not paid or lien
for; freight is not discharged
(1) A Board may, after the expiry of two months from the time when any
goods have passed into its custody, or in the case of animals and
perishable or hazardous goods after the expiry of such shorter period not
being less than twenty-four hours after the landing of the animals or
goods as the Board may think fit, sell by public auction 69[or in such
cases as the Board considers it necessary so to do, for reasons to be
recorded in writing, sell by tender, private agreement or in any other
manner] such goods or so much thereof as, in the opinion of the Board, may
be necessary-
(a) if any rates payable to the Board in respect of such goods have not
been paid, or
(b) if any rent payable to the Board in respect of any place on or in
which such goods have been stored has not been paid, or
(c) if any lien of any ship-owner for freight or other charges of which
notice has been given has not been discharged and if the person claiming
such lien for freight or other charge has made to the Board an application
for such sale.
(2) Before making such sale, the Board shall give ten days’ notice of
the same by publication thereof in 70[the Port Gazette, or where there is
no Port Gazette, in the Official Gazette] and also in at least one of the
principal local daily newspapers :
Provided that in the case of animals and perishable or hazardous goods,
the Board may give such shorter notice and in such manner as, in the
opinion of the Board, the urgency, of the case admits of.
(3) if the address of the owner of the goods has been stated on the
manifest of the goods or in any of the documents which have come into the
hands of the Board, or is otherwise known notice shall also be given to
him by letter delivered at such address, or sent post, but the title of a
bona fide purchaser of such goods shall not he invalidated by reason of
the omission to send such notice, nor shall any such purchaser be bound to
inquire whether such notice has been sent.
(4) Notwithstanding anything contained in this section, arms and
ammunition and controlled goods may be sold at such time and in such
manner as the Central Government may direct.
Explanation.-In this section and section 62-
(a) "arms and ammunition" have the meanings respectively assigned to them
in the Arms Act, 1959 (54 of 1959);
(b) "controlled goods" means goods the price or disposal of which is
regulated under any law for the time being in force.
62. Disposal of goods not removed from premises of Board within time limit
(1) Notwithstanding anything contained in this Act, where any goods placed
in the custody of the Board upon the landing thereof are not removed by
the owner or other person entitled thereto from the premises of the Board
within one month from the date on which such goods were placed in their
custody, the Board may, if the address of such owner or person is known,
cause a notice to be served upon him by letter delivered at such address
or sent by post, or if the notice cannot be so served upon him or his
address is not known, cause a notice to be published in 71[the Port
Gazette or where there is no Port Gazette, in the Official Gazette] and
also in at least one of the principal local daily newspapers, requiring
him to remove the goods forthwith and stating that in default of
compliance therewith the goods are liable to be sold by public auction
72[or by tender, private agreement or in any other manner] :
Provided that where all the rates and charges payable under this Act in,
respect of any such goods have been paid, no notice of removal shall be so
served or published under this sub-section unless two months have expired
from the date on which the goods were placed in the custody of the Board.
(2) The notice referred to in subsection (1) may also be served agents of
the vessel by which such goods were landed.
(3) If such owner or person does not comply with the requisition in the
notice served upon him or published under sub-section (1), the Board may,
at any time after the expiration of two months from the date on which such
goods were placed in its custody sell the goods by public auction 73[or in
such cases as the Board considers it necessary so to do, for reasons to be
recorded in writing sell by tender, private agreement or in any other
manner] after giving notice of the sale in the manner specified in
sub-sections (2) and (3) of section 61.
(4) Notwithstanding anything contained in sub-section (1) or sub-section
(3)-
(a) the Board may, in the case of animals and perishable or hazardous
goods, give notice of removal of such goods although the period of one
month or, as the case may be, of two months specified in sub-section (1)
has not expired or give such shorter notice of sale and in such manner as,
in the opinion of the Board, the urgency of the case requires;
(b) arms and ammunition and controlled goods may be sold in accordance
with the provisions of sub-section (4) of section 61.
(5) The Central Government may, if it deems necessary so to do in the
public interest, by notification in the Official Gazette, exempt any goods
or classes of goods from the operation of this section.
63. Application of sale proceeds
(1) The proceeds of every sale under section 61 or section 62 shall be
applied in the following order-
(a) in payment of the expenses of the sale;
(b) in payment, according to their respective priorities, of the liens and
claims excepted in sub-section (2) of section 59 from the priority of the
lien of the Board;
(c) in payment of the rates and expenses of landing, removing, storing or
warehousing the same, and of all other charges due to the Board in respect
thereof 74[including demurrage (other than penal demurrage) payable in
respect of such goods for a period of four months from the date of
landing];
74[(d) in payment of any penalty or fine due to Central Government under
any law for the time being in force relating to customs;
(e) in payment of any other sum due to the Board.]
75[(2) The surplus, if any, shall be paid to the importer, owner or
consignee of the goods or to his agent, on an application made by him in
this behalf within six months from the date of the sale of the goods.
(3) Where no application has been made under sub-section (2), the surplus
shall be applied by the Board for the purposes of this Act.]
64. Recovery of rates and charges by distraint of vessel
(1) if the master of any vessel in respect of which any rates or penalties
are payable under this Act, or under any regulations or orders made in
pursuance thereof, refuses or neglects to pay the same or any part thereof
on demand, the Board may distrain or arrest such vessel and the tackle,
apparel and furniture belonging thereto, or any part thereof, and detain
the same until the amount so due to the Board, together with such further
amount as may accrue for any period during with such further amount as may
accrue for any period during which the vessel is under distraint or
arrest, is paid.
(2) In case any part of the said rates or penalties, or of the cost of the
distress or arrest, or of the keeping of the same, remains unpaid for the
space of five days next after any such distress or arrest has been so
made, the Board may cause the vessel or other thing so distrained or
arrested to be sold, and, with the proceeds of such sale, shall satisfy
such rates or penalties and costs, including the costs of sale remaining
unpaid, rendering the surplus (if any) to the master of such vessel on
demand.
65. Grant of port-clearance after payment of rates and realisation of
damages, etc .
If a Board gives to the officer or the Central Government whose duty it is
to grant the port-clearance to pay to any vessel at the port, a notice
stating,-
(i) that an amount specified therein is due in respect of rates, fines,
penalties or expenses chargeable under this Act or under any regulations
or orders made in pursuance thereof, against such vessel, or by the owner
or master of such vessel in respect thereof, or against or in respect of
any goods on board such vessel; or
(ii) that an amount specified therein is due in respect of any damage
referred to in section 116 and such amount together with the cost of the
proceedings for the recovery very thereof before a Magistrate under that
section has not been realised,
such officer shall not grant such port-clearance until the amount so
chargeable or due has been paid or, as the case may be, the damage and
cost have been realised.]
CHAPTER VII : BORROWING POWERS OF BOARD
66. Power to raise loans
(1) A Board may, with the previous sanction of the Central Government and
after due notification in the Official Gazette, raise loans for the
purposes of this Act :
Provided that no such notification shall be necessary if a loan is
obtained from the Central Government or a State Government.
(2) Loans may be raised by a Board in the open market on Port Trust
securities issued by it or may be obtained from the Central Government or
a State Government.
(3) The terms of all loans shall be subject to the approval of the Central
Government.
67. Port Trust securities
(1) A Board may, with the sanction of the Central Government, prescribe
the form in which Port Trust securities shall be issued by it and the mode
in which, and the conditions is subject to which, they may be transferred.
(2) The holder of any Port Trust security in any form may obtain in
exchange therefore, upon such terms as the Board may from time to time
determine, a Port Trust security in any other form proscribed by
regulations.
(3) The right to sue in respect of moneys secured by Port Trust securities
shall be exercisable by the holders thereof for the time being without
preference in respect of priority of date.
68. Right of survivors of joint or several payees of securities
(1) Notwithstanding anything contained in section 45 of the Indian
Contract Act, 1872 (9 of 1872)-
(a) when any Port Trust security is payable to two or more persons
jointly, and either or any of them dies, the Port Trust security shall be
payable to the survivor or survivors of those persons, and
(b) when any such security is payable to two or more persons severally and
either or any of them dies, the security shall be payable to the survivor
or survivors of those persons, or to the representatives of the deceased,
or to any of them.
(2) This section shall apply whether such death occurred or occurs before
or after the appointed day.
(3) Nothing herein contained shall affect any claim which any
representative of a deceased person may have against the survivor or
survivors under or in respect of any security to which sub-section (1)
applies.
(4) For the purpose of this section, it body incorporated or deemed to be
incorporated under the Companies Act, 1956 (1 of 1956), or the
co-operative Societies Act, 1912 (2 of 1912) or any other enactment for
the time being in force, whether within or without India, shall be deemed
to die when it is dissolved.
69. Power of one or two or more joint holders to grant receipts
Where two or more persons are joint holders of any Port Trust security,
any one of those persons may give an effectual receipt for any interest
payable in respect of such security unless notice to the contrary has been
given to the Board by any other of the holders.
70. Indorsements to be made on security itself
Notwithstanding anything in section 15 of the Negotiable Instruments Act,
1881 (26 of 1881), no indorsement of a Trust security, which is
transferable by indorsement, shall be valid unless made by the signature
of the holder inscribed on the back of the security itself.
71. Indorser of security not liable for amount thereof
Notwithstanding anything in the Negotiable instruments Act, 1881 (26 of
1881), a person shall not by reason only of his having indorsed any Port
Trust security be liable to pay any money due, either as principal or as
interest, thereunder.
72. Impression of signature on securities
(1) The signature of the person authorised to sign port Trust security on
behalf of the Board may be printed, engraved or lithographed or impressed
by such other mechanical process, as the Board may direct, on such
securities.
(2) A Signature so printed, engraved, lithographed or otherwise impressed
shall be as valid as if it had been inscribed in the proper handwriting of
the person so authorised.
73. Issue of duplicate securities
(1) When any Port Trust security is alleged to have been lost, stolen or
destroyed either wholly or in part, and a person claims to be the person
to whom but for the loss, theft or destruction it could be payable, he
may, on application to the Board and on producing proof to its
satisfaction of the loss, theft or destruction and of the justice of the
claim and on payment of such fee, if any, as may be prescribed by
regulations, obtain from the Board an order for-
(a) the payment of interest in respect of the security said to be lost,
stolen or destroyed, pending the issue of a duplicate security; and
(b) the issue of a duplicate security payable to the applicant.
(2) An order shall not be passed under sub-section (1) until after the
issue by the Board of the prescribed notification of the loss, theft or
destruction.
(3) A list of the securities in respect of which an order is passed under
sub-section (1) shall be published in such manner as the Board may
prescribe.
(4) if at any time before the board becomes discharged under the
provisions of this Act from liability in respect of any security the whole
of which is alleged to have been lost, stolen or destroyed, such security
is found, any order passed in respect thereof under this section shall be
cancelled.
74. Issue of converted, etc. securities
(1) A Board may, subject to such conditions as it may prescribe, on the
application of a person claiming to be entitled to a Port Trust security
or securities issued by it, on being satisfied on the justice of the claim
and on delivery of the security or securities receipted in such manner and
on payment of such fee, if any, as it may prescribe convert, consolidate
or sub-divide the security or securities, and issue to the applicant a new
security securities accordingly.
(2) The conversion, consolidation or sub-division referred to in
sub-section (1) may be into security or securities of the same or
different classes or of the same or different loans.
74A. Recognition as holder of Port Trust securities in certain cases
The person to whom a duplicate security has been issued under section 73
or a new security or securities has or have been issued under section 74
shall be deemed for the purposes of section 74 B to have been recognised
by the Board as the holder of the security or securities; and a duplicate
security or a new security or securities so issued to any person shall be
deemed to constitute a new contract between the Board and such person and
all persons deriving title thereafter through him.
74B. Legal effect of recognition by the Board under section 74A
No recognition by the Board of a person as the holder of a Port Trust
security or securities shall be called in question by any court so far as
such recognition affects the relations of the Board with the person
recognise by it as the holder of a Port Trust security or securities or
with any person claiming an interest in such security or securities; and
any such recognition by the Board of any person shall operate to confer on
that person a title to the security or securities subject only to a
personal liability to the rightful owner of the security or securities for
money had and received on his account.]
75. Discharge in certain cases
Notwithstanding anything contained in 78[the Limitation Act, 1963 (36 of
1963)]-
(i) on payment of the amount due on a Port Trust security on or after the
date on which payment becomes due, or
(ii) when a duplicate security has been issued under section 73, or
(iii) when a new security or securities has or have been issued upon
conversion, consolidation or sub-division under section 74,
the Board shall be discharged from all liability in respect of the
security or securities so paid or in place of which a duplicate or new
security or securities has or have been issued-
(a) in the case of payment-after the lapse of six years from the date on
which payment was due;
(b) in the case of a duplicate security-after the lapse of six years from
the date of the publication under sub-section (3) of section 73 of the
list in which the security is first mentioned or from the date of the last
payment of interest on the original security, whichever date is later;
(c) in the case of a new security issued upon conversion, consolidation or
sub-division after the lapse of six years from the date of the issue
thereof.
76. power of Board to make regulations
A Board may, from time to time, make regulations to provide for all or any
of the following matters, namely:-
(a) the person, if any, authorised to sign, and the mode of affixing the
corporate seal and of attestation of documents relating to Port Trust
securities issued or to be issued by the Board;
(b) the manner in which payment of interest in respect of such Port Trust
securities is to be made, recorded and acknowledged;
(c) the circumstances and the manner in which such Port Trust securities
may be renewed;
(d) the circumstances in which such securities must be renewed before
further payment of interest there on can be claimed;
(e) the form in which such securities delivered for renewal, conversion,
consolidation or sub-division are to be receipted;
(f) the proof which is to be produced by a person applying for duplicate
securities;
(g) the form and manner of publication of the notification mentioned in
sub-section of section 73 and the manner of publication of the list
mentioned in sub-section (3) of that section;
(h) the nature and amount of indemnity to be given by a person applying
for the payment of interest on Port Trust securities alleged to have been
wholly or partly lost, stolen or destroyed, or for the issue of duplicate
Port Trust securities;
(i) the conditions subject to which Port Trust securities-may be
converted, consolidated or sub-divided;
(j) the amounts for which stock certificate may be issued;
(k) generally, all matters connected with the grant of duplicate, renewed,
converted, consolidated and sub-divided securities;
(l) the fees to be paid in respect of the issue of duplicate securities
and of the renewal, conversion, consolidation and sub-division of Port
Trust securities;
(m) the fees to be levied in respect of the issue of stock certificates.
77. Place and currency of loans raised by Board
All loans contracted by a Board under this Act shall be raised in India,
and in Indian currency, unless the Central Government, by notification in
the Official Gazette, otherwise directs.
78. Security for loans taken out by Board
All loans raised by a Board under this Act shall be a first charge on-
(a) the property vested, or which may hereafter during the currency of the
loans become vested, in the Board 79[other than-
(i) any sum set apart by the Board-
(1) as the sinking fund for the purpose of paying off any loan; or
(2) for the payment of pension to its employees; or
(ii) the provident or pension fund established by the Board; and]
(b) the rates leviable by the Board under this Act.
79. Remedies of Government in respect of loans made to Boards
The Central Government or a State Government shall have in respect of
loans made by it to a Board, or of loans made to any other authority for
the repayment of which the Board is legally liable, the same remedies as
holders of Port Trust securities issued by the Board; and such Government
shall not be deemed to possess any prior or greater rights in respect of
such loans than holders of such Port Trust securities :
Provided that where the terms of any such loan made before the appointed
day expressly provide that the loan shall have priority over all other
loans in the matter of repayment by the Board, such loan shall have
priority.
80. Power of Board to repay loans before due date
A Board may, with the previous sanction of the Central Government, apply
any sums, out of moneys which may come into its hands under the provisions
of this Act and which can be so applied without prejudicing the security
of the other holders of Port Trust securities, in repaying to the
Government any sum which may remain due to it in respect of the principal
of any loan although the time fixed for the repayment of the same may not
have arrived :
Provided that no such repayment shall be made of any sum less than ten
thousand rupees; and that, if such repayment is made, the amount of
interest in each succeeding instalment shall be so adjusted as to
represent exactly the interest due on the outstanding principal.
81. Establishment of sinking fund
(1) In respect of every loan raised by a Board under this Act, which is
not repayable before the expiration of one year from the date of the loan,
the Board shall set apart half-yearly out of its income as a sinking fund
a sum sufficient to liquidate the loan within a period which shall not in
any case, unless the previous consent of the Central Government has been
obtained, exceed. thirty years; but the maximum period shall not in any
case exceed sixty years:
Provided that a sinking fund need not in the absence of any stipulation to
that effect be established in the case of loans taken by the Board from
the Central Government or any State Government.
(2) Where any sinking fund has, before the appointed day, been established
by any authority in respect of a loan raised by it for which loan the
Board is liable under this Act, the sinking fund so established by that
authority shall be deemed to have been established by the Board under this
section.
82. Investment and application of sinking fund
(1) The sums so set apart by A Board under sub-section (1) of section 81
and the sums forming part of any sinking fund referred to in sub. section
(2) of that section shall be invested in public securities or in such
other securities as the Central Government may approve in this behalf, and
shall be held in trust for the purposes of this Act 80[by the Board].
(2) A Board may apply the whole or any part of the sums accumulated in any
sinking fund in or towards the discharge of the moneys for the repayment
of which the fund has been established:
Provided that it pays into the fund in each year, and accumulates until
the whole of the moneys borrowed are discharged a sum equivalent to the
interest which would have been produced by the sinking fund, or the part
of the sinking fund so applied.
83. Examination of sinking fund
(1) A sinking fund established for the liquidation of any loan shall be
subject to annual examination by such person as may be appointed by the
Central Government in this behalf, and the person so appointed shall
ascertain whether the cash and the current market value of the securities
at the credit of the, fund are actually equal to the amount which would
have been accumulated had investment been regularly made and had the rate
of interest as originally estimated been obtained thereon.
(2) A Board shall pay forthwith into the sinking fund any amount which the
person appointed under sub-section (1) to conduct the annual examination
of the fund may certify to be deficient, unless the Central Government
specifically sanctions a gradual readjustment.
(3) if the cash and the current market value of the securities at the
credit of a sinking fund are in excess of the amount which should be at
its credit, the person appointed under subsection (1) shall certify the
amount of this excess, and the Board may, with the previous sanction of
the Central Government,-
(a) withdraw the whole or any part of the certified excess in which case
the Trustees in whose names the sinking fund is invested under sub-section
(1) of section 82, shall forthwith transfer securities of the requisite
current market value, or cash and securities of the requisite current
market value, to the Board, of
(b) reduce or discontinue the half-yearly contributions to the sinking
fund required under section 81, or
(c) adopt a combination of these measures.
84. Power of Board to raise loans on short-term bills
Nothing contained in this Act shall be deemed to affect the power of the
Board to raise loans under the Local Authorities Loans Act, 1914 ( 9 of
1914)
85. Power of Board to take temporary loans or overdrafts
Notwithstanding anything contained in this Act, a Board may borrow moneys
by means of temporary overdraft or otherwise by pledging the securities
hold by the Board in its reserve funds or on the security of the fixed
deposits of the Board in its banks :
Provide that such temporary overdrafts or other loans-
(a) shall not at any time have a loner currency thin six months; and
(b) shall not be taken, without previous sanction of the Central
Government, if at any time in any year the amount of such overdrafts or
other loans exceeds 81[such amount as the Central Government may fix in
this behalf and different amounts may be fixed with respect to different
Boards]:
Provided further that all moneys so borrowed by temporary overdrafts or
otherwise shall be expended for the purposes of this Act.
86. Powers of Board to borrow money from International Bank for
Reconstruction and Development or other foreign institutions
Notwithstanding anything contained in this Act or any other law for the
time being in force, a Board may, with the previous sanction of the
Central Government and on such terms and conditions as may be approved by
that Government, raise for the purposes of this Act loans in any currency
or currencies from the International Bank for Reconstruction and
Development or from any other bank or institution in any country outside
India; and no other provisions of this Chapter shall apply to or in
relation to any such loan unless the terms and conditions of the loan or
the approval thereof by the Central Government otherwise provide.
CHAPTER VIII : REVENUE AND EXPENDITURE
87. General account of Port
All moneys received by or on behalf of a Board under the provisions of
this Act, and all moneys received by it as the Conservator of the port and
of the Port approaches or as the body appointed under sub-section (1) of
section 36 of the Indian Ports Act 82[***] shall be credited to a fund
called the general account of the Port.
88. Application of moneys in general account
(1) The moneys credited to the general account under section 87, shall,
subject to the provisions of section 89 of this Act and of section 36 of
the Indian Ports Act, be applied by the Board in payment of the following
charges, namely:-
(a) the interest and instalments of principal due in respect of any loan
that may have been raised or obtained by the Board or for the repayment of
which the Board may be liable, and payments to the sinking fund
established for such loan;
(b) the salaries, fees, allowances, pensions, gratuities, compassionate
allowances or other moneys due to-
(i) the Chairman, Deputy Chairman and other Trustees;
(ii) the employees of the Board; and
(iii)the surviving relatives,. if any of such employees;
(c) the contributions, if any, payable to the Central Government or any
State Government on account of the pension and leave allowance of any
officer lent to the Board by such Government;
(d) the cost and expenses, if any, incurred by the Board in the conduct
and administration of any provident or welfare fund or loan or special
fund established by the Board;
(e) the contributions, if any, duly authorised to be made by regulations
made under this Act to any such fund as is referred to in clause (d);
(f) any charges for which the Board may be liable under section 108 or
section 109;
83(g) such sums as may, from time to time, be agreed upon by the Board and
a State Government or the Central Government or any other authority, as a
reasonable contribution payable by the Board towards the expenses in
connection with the watch and ward functions of the police force or the
Central Industrial Security Force or any other force which the State
Government or the Central Government or the other authority, as the case
may be, may establish and maintain for the protection of the port and the
docks, warehouses and other property of the Board;]
(h) the cost of repairs and maintenance of property belonging to or vested
in Board and all charges upon the same and all working expenses;
(i) the cost of the execution and provision of any new work or appliance
specified in section 35 which the Board may determine to charge to
revenue;
(j) any expenditure incurred under section 36;
(k) any other expenditure which may be incurred by the Board generally for
the purposes of this Act.,
(1) any other charge which may on the application of the Board 84[or
otherwise] be specially sanctioned by the Central Government or for which
the Board may be legally liable.
(2) 85[Subject to such general or special directions as the Central
Government may, for the purpose of maintenance or development of major
ports in the country or generally for the development of shipping and
navigation, give in this behalf, all moneys standing at the credit of the
Board] which cannot immediately be applied in the manner or for the
purposes specified in sub-section (1) shall-
(a) be deposited in the State Bank of India or in such 86[corresponding
new bank or banks] and subject to such conditions as may, from time to
time, be specified by the Central Government; or
(b) be invested in public securities or in such other securities as the
Central Government may approve in this behalf, and the said securities
shall be held in trust by the Board for the purpose of this Act; 87[or].
88[(c) be given as a loan to the Board of another port for the development
of that port.
88A[(d) be invested, in any manner, in an arrangement referred to in
sub-section (3A) of section 42;
(e) be invested, in any manner, in the development or management of any
port including a port other than a major port on such terms and conditions
as may be approved by the Central Government.]
Explanation.- For the purposes of this sub-section, "corresponding new
bank" means a corresponding new bank as defined in the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or the
Banking Companies (Acquisition and Transfer Undertakings) Act, 1980 (40 of
1980).]
87[(3) Every direction issued by the Central Government under sub-section
(2) shall be complied with by the Board and shall not be called in
question in any court on any ground.
(4) No suit or other legal proceeding shall lie against the Central
Government, the Board or any officer or other employee of the Board
authorised by it in this behalf for any loss or damage caused or likely to
be caused by anything which is in good faith done or intended to be done
in pursuance of any direction issued under sub-section (2).]
89. Repealed by the Indian Ports Amendment Act, 1992, w.e.f. 12th. August,
1992
90. Establishment of reserve funds
(1) A Board may, from time to time, set apart such sums out of its surplus
income as it thinks fit, as a reserve fund or funds for the purpose of
expanding existing facilities or creating new facilities at the port or
for the purpose of providing against any temporary decrease of revenue or
increase of expenditure from transient causes or for purposes of
replacement or for meeting expenditure arising from loss or damage from
fire, cyclones, shipwreck or other accident or for any other emergency
arising in the ordinary conduct of its work under this Act :
Provided that the sums set apart annually in respect of, and the aggregate
at any time of, any such reserve fund or funds shall not exceed such
amounts as may, from time to time, be fixed in that behalf by the Central
Government.
(2) Any such reserve fund or funds may be invested in public securities or
in such other securities as the Central Government may approve in this
behalf.
91. Power to reserve Port Trust securities for Board's own investments
(1) For the purposes of any investment which a Board is authorised to make
by this Act, it shall be lawful for every Board to reserve and set apart
any securities to be issued by it on account of any loan to which the
consent of the Central Government has been given, provided that the
intention to so reserve and set apart such securities has been notified as
a condition to the issue of the loan.
(2) The issue by any Board of any such securities direct to and in the
name of the Board shall not operate to extinguish or cancel such
securities, but every security so issued shall be valid in all respects as
if issued to, and in the name of, any other person.
(3) The purchase by a Board, or the transfer, assignment or indorsement to
a Board or to the Trustees of the sinking fund set up by a Board, of any
security issued by the Board, shall not operate to extinguish or cancel
any such security but the same shall be valid and negotiable in the same
manner and to the same extent as if held by, or transferred or assigned or
indorsed to, any other person.
92. Prior sanction of Central Government to charge expenditure to capital
(1) No expenditure shall be charged by a Board to capital without the
previous sanction of the Central Government:
Provided that a Board may without such sanction charge to capital
expenditure not exceeding such limit as may be specified, and subject to
such conditions as may be imposed, by the Central Government.
(2) Nothing in sub-section (I) shall be deemed to require the further
sanction of the Central Government in any case where the actual
expenditure incurred as a charge to capital exceeds the expenditure
sanctioned in this behalf by the Central Government unless the excess is
more than ten per cent. of the expenditure so sanctioned.
93. Works requiring sanction of Board of Central Government
(1) No new work or appliance, the estimated cost of which exceeds such
amount as may be fixed by the Central Government in this behalf, shall be
commenced or provided by a Board, nor shall any contract be entered into
by a Board in respect of any such new work or appliance until a plan of,
and estimate for, such work or appliance has been submitted to, and
approved by, the Board; and, in case the estimate cost of any such new
work or appliance exceeds such amount as may, from time to time, be fixed
by the Central Government in this behalf, the sanction of the Central
Government to the plan and estimate shall be obtained before such work is
commenced or appliance provided.
(2) Nothing in sub-section (I) shall be deemed to require the further
sanction of the Central Government in any case where the actual
expenditure incurred does not exceed by more than ten per cent., the
estimated cost so sanctioned.
94. Powers of Chairman as to execution of works
Notwithstanding anything contained in section 93, the Chairman may direct
the execution of any work the cost of which does not exceed such maximum
limit as may be fixed by the Central Government in this behalf, and may
enter into contracts for the execution of such works but in every such
case the Chairman shall, as soon as possible, make a report to the Board
of any such directions given or contract entered into by him.
95. Power of Board to compound or compromise claims
Every Board may compound or compromise any claim or demand or any action
or suit instituted by or against it for such sum of money or other
compensation as it deems sufficient
Provided that no settlement shall be made under this section without the
previous sanction of the Central Government if such settlement involves
the payment by the Board of a sum exceeding such amount as may be
specified by the Central Government in this behalf.
96. Writing off of losses
(1) Subject to such conditions as may be specified by the Central
Government, where a Board is of opinion that any amount due to or any
loss, whether of money or of property, incurred by, the Board is
irrecoverable, the Board may, with the previous approval of the Central
Government, sanction the writing off finally of the said amount or loss :
88[Provided that no such approval of the Central Government shall be
necessary where such irrecoverable amount or loss does not exceed, in any
individual case and in the aggregate in any year, such amounts as the
Central Government may, from time to time, by order, fix and different
amounts may be fixed with respect to different Boards.]
(2) Notwithstanding anything contained in sub-section (1), where the
Chairman is of opinion that any amount due to, or any loss, whether of
money or of property, incurred by the Board is irrecoverable, the Chairman
may sanction the writing off finally of such amount or loss provided that
89[such amount or loss does not exceed, in any individual case and in the
aggregate in any year, such amounts as the Central Government may, from
time to time, by order, fix and different amounts may be fixed with
respect to different Boards.]
90[(3) In every case in which the Chairman sanctions the writing off of
any amount or loss under sub-section (2), he shall make a report to the
Board giving reasons for such sanction.]
97. Powers, etc., of Board as Conservator or body appointed under section
36 of Indian Ports Act
All the powers, authorities and restrictions contained in this Act in
respect of the works by this Act authorised, shall apply to the works
which may be executed by the Board as the Conservator of the port or as
the body appointed under sub-section (1) of section 36 of the Indian Ports
Act 82[***] and also to the sanction of such works, the estimates therefor,
and the expenditure thereunder.
98. Budget estimates
(1) A Board shall, on or before the thirty-first day of January in each
year, hold a special meeting at which the Chairman of the Board shall
submit an estimate of the income and expenditure of the Board for the next
financial year, in such form as the Central Government may specify.
(2) A copy of such estimate shall be sent by post or otherwise to each
Trustee so as to reach him not less than ten clear days prior to the date
appointed for the special meeting referred to in sub-section (1).
(3) The Board shall consider the estimate at such meeting and may
provisionally approve of it with or without modifications.
(4) The Board shall, on or before the tenth day of February, cause a copy
of such estimate as provisionally approved by it, to be sent to the
Central Government.
(5) The Central Government may sanction the estimate or may return it with
remarks and may call for such additional information as it may deem
necessary.
(6) When an estimate is returned under sub-section (5), the Board shall
proceed to reconsider the estimate with reference to such remarks and
shall furnish such additional information as the Central Government may
call for and shall, if necessary, modify or alter the estimate and
resubmit it to the Central Government.
(7) The Central Government shall sanction the estimate with or without
modifications.
(8) Where any such estimate is not sanctioned by the Central Government
before the commencement of the financial year to which it relates, the
Central Government may authorise the Board to incur such expenditure as
may be necessary in the opinion of the Central Government until such time
as the approval of the estimate by the Central Government is communicated
to the Board.
99. Preparation of supplemental estimate
A Board may in the course of any year for which an estimate has been
sanctioned by the Central Government cause one or more supplemental
estimates for the residue of such year to be prepared, and the provisions
of section 98 shall, so far as may be, apply to such estimate as if it
were an original annual estimate.
100. Re-appropriation of amounts in estimate
Subject to any directions which the Central Government may give in this
behalf, any sun of money or part thereof of which the expenditure has been
authorised in an estimate for the time being in force sanctioned by the
Central Government and which has not been so spent, may at any time be
re-appropriated by the Board to meet any excess in any other expenditure
authorised in the said estimate :
Provided that no such re-appropriation shall be made from one Major head
of expenditure to another such head without the previous sanction of the
Central Government.
101. Adherence to estimate except in emergency
(1) Subject to the provisions of section 100, no sum exceeding such amount
as the Central Government may fix in this behalf shall, save in cases of
pressing emergency, be expended by, or on behalf of, any Board unless such
sum is included in some estimate of the Board at the time in force which
has been finally sanctioned by the Central Government.
(2) If any sum exceeding such limit as may have been fixed in this behalf
under sub-section (1) is so expended by any Board on a pressing emergency,
the circumstances shall be forthwith reported by the Chairman to the
Central Government, together with an explanation of the way in which it is
proposed by the Board to cover such extra expenditure.
102. Accounts and audit
(1) A Board shall maintain proper accounts and other relevant records and
prepare the annual statement of accounts, including the balance-sheet in
such form as may be specified by the Central Government in consultation
with the Comptroller and Auditor-General of India.
91[(2) The accounts of the Board shall be audited-
(i) once in every year; and
(ii) if so required by the Comptroller and Auditor-General of India,
concurrently with the compilation of such accounts,
by the Comptroller and Auditor-General of India or such other persons as
may be appointed by him in this behalf and any amount payable to him by
the Board in respect of such audit shall be debitable to the general
account of the Board.]
(3) The Comptroller and Auditor-General of India or any person appointed
by him in connection with the audit of the accounts of a Board shall have
the same rights, privileges and authority in connection with such audit as
the Comptroller and Auditor- General of India has in connection with the
audit of Government amounts and, in particular, shall have the right to
demand the production of books of accounts, connected vouchers and other
documents of the Board.
103. Publication of audit report
(1) Within fourteen days after the audit and examination of the accounts
of a Board have been completed, the Comptroller and Auditor-General of
India shall forward copies of the audit report to the Central Government
and to the Board.
(2) The Central Government shall cause every audit report to be laid for
not less than thirty days before each House of Parliament as soon as may
be after such report is received by that Government.
104. Board to remedy defects and irregularities pointed out in audit
report
Every Board shall forthwith take into consideration any defects or
irregularities that may be pointed out by the Comptroller and
Auditor-General of India in the audit report on the income and expenditure
of the Board and shall take such action thereon as the Board may think fit
and shall also send a report of the action so taken to the Central
Government.
105. Central Government to decide difference between Board and auditors
If there is a difference of opinion between any Board and the Comptroller
and Auditor-General of India on any point included in the audit report,
and the Board is unable to accept and implement the recommendations, if
any, made by him on such point, the matter shall forthwith be referred to
the Central Government which shall pass final orders thereon and the Board
shall be bound to give effect to such orders.
CHAPTER IX : SUPERVISION AND CONTROL OF CENTRAL GOVERNMENT
106. Administration report
As soon as may be after the first day of April in every year and not later
than such date as may be fixed in this behalf by the Central Government,
every Board shall submit to the Central Government a detailed report of
the administration of the port during the preceding year ending on the
thirty-first day of March, in such form as the Central Government may
direct.
107 Submission of statements of income and expenditure to Central
Government
(1) Every Board shall annually, or oftener if directed by the Central
Government so to do, submit statements of its income and expenditure in
such form and at such time as that Government may direct.
(2) A copy of all such statements shall be open to the inspection of the
public at the office of the Board during office hours on payment of such
fee for each inspection as may from time to time be fixed by the Board.
108. Power of Central Government to order survey or examination of works
of Board
The Central Government may, at any time, order a local survey or
examination of any works of a Board, or the intended site thereof and the
cost of such survey and examination shall be borne and paid by the Board
from and out of the moneys credited to the general account of the port.
109. Power of Central Government to restore or complete works at the cost
of Board
If, at any time, any Board -
(a) allows any work or appliance constructed or provided by, or vested in,
the Board to fall into disrepair ; or
(b) does not, within a reasonable time, complete any work commenced by the
Board or included in any estimate sanctioned by the Central Government; or
(c) does not, after due notice in writing, proceed to carry out
effectively any work or repair or to provide any appliance which is
necessary in the opinion of the Central Government for the purposes of
this Act,
the Central Government may cause such work to be restored or completed or
carried out, or such repairs to be carried out or such appliance to be
provided and the cost of any such restoration, completion, construction,
repair or provision shall be paid by the Board from and out of the moneys
credited to the general account of the port.
110. Power of Central Government to supersede Board
(1) if, at any time, the Central Government is of opinion-
(a) that on account of a grave emergency, any Board is unable to perform
the duties imposed on it by or under the provisions of this Act or of any
other law, or
(b) that the Board has persistently made default in the performance of the
duties impose upon it by or under the provisions of this Act or of any
other law and as a result of such default, the financial position of the
Board or the administration of the port has greatly deteriorated the
Central Government may, by notification in the Official Gazette, supersede
the Board for such period, not exceeding six months at a time, as may be
specifies in the notification :
Provided that before issuing a notification under this sub-section for the
reasons mentioned in clause (b), the Central Government shall give a
reasonable time of not less than three months to the Board to show cause
why it could not be superseded and shall consider the explanations and
objections, if any, of the Board.
(2) Upon the publication of a notification under sub-section (1)
superseding the Board,-
(a) all the Trustees shall, as from the date of supersession, vacate their
offices as such Trustees;
(b) all the powers and duties which may, by or under the provisions of
this Act or of any other law, be exercised or performed by or on behalf of
the Board, shall until the Board is reconstituted under clause (b) or
clause (c) of sub-section (3) be exercised and performed by such person or
persons as the Central Government may direct;
(c) all property vested in the Board shall, until the Board is
reconstituted under clause (b) or clause (c) of sub-section (3), vest in
the Central Government.
(3) on the expiration of the period of supersession specified in the
notification issued under sub-section (1), the Central Government may-
(a) extend the period of supersession for such further term, not exceeding
six months, as it may consider necessary, or
(b) reconstitute the Board by fresh appointment and fresh election, and in
such case, any persons who vacated their offices under clause (a) of
sub-section (2) shall not be deemed disqualified for appointment or
election, as the case may be, or
(c) reconstitute the Board by appointment only for such period as it may
consider necessary and in such a case, the persons who vacated their
offices under clause (a) of sub-section (2) shall not be deemed
disqualified for such appointment merely because they were Trustees when
the Board was superseded
Provided that the Central Government may, at any time before the
expiration of the period of supersession, whether as originally specified
under sub-section (1) or as extended under this sub-section, take action
under clause (b) or clause (c) of this sub-section.
(4) The Central Government shall cause a notification issued under
sub-section (1) and a full report of any action taken under this section
and the circumstances leading to such action to be laid before each House
of Parliament at the earliest possible opportunity.
110A. Power of Central Government to supersede the Authority
(1) If the Central Government is of the opinion that the Authority is
unable to perform, or has persistently made default in the performance of,
the duty imposed on it by or under this Act or has exceeded or abused its
powers, or has wilfully or without sufficient cause, failed to comply with
any direction issued by the Central Government under section 111, the
Central Government may, by notification in the Official Gazette, supersede
the Authority for such period as may be specified in the notification:
Provided that, before issuing a notification under this sub-section, the
Central Government shall give reasonable opportunity to the Authority to
show cause why it should not be superseded and shall consider the
explanation and objections, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1)
superseding the Authority,-
(a) the Chairperson and the Members of the Authority shall,
notwithstanding that their term of office has not expired as from the date
of supersession, vacate their offices as such Chairperson or Members as
the case may be;
(b) all the powers and duties which may, by or under provisions of this
Act, be exercised or performed by or on behalf of the Authority shall,
during the period of supersession, be exercised and performed by such
person or persons as the Central Government may direct.
(3) On the expiration of the period of supersession specified in the
notification issued under sub-section (1), the Central Government may-
(a) extend the period of supersession for such further period as it may
consider necessary; or
(b) reconstitute the Authority in the manner provided in section 47A.]
111. Power of Central Government to issue directions to Board
93[(1) Without prejudice to the foregoing provisions of this Chapter, the
Authority and every Board shall, in the discharge of its functions under
this Act be bound by such directions on questions of policy as the Central
Government may give in writing from time to time:
Provided that the Authority or the Board, as the case may be, shall be
given opportunity to express its views before any direction is given under
this sub-section.]
(2) The decision of the Central Government whether a question is one of
policy or not shall be final.
CHAPTER X : PENALTIES
112. Every person employed by the Authority of this Act to be a public
servant
Every person employed by the Authority or by a Board under this Act shall,
for the purposes of sections 166 to 171 (both inclusive), 184, 185 and 409
of Indian Penal Code and for the purposes of the Prevention of Corruption
Act, 1988 be deemed to be a public servant within the meaning of section
21 of the said Code.]
113. Penalty for contravention of sections 37, 38, 40 and 41
Whoever contravenes the provisions of any order issued under section 37 or
section 38 or section 41 or fails to comply with any condition imposed
under section 40 shall be punishable with fine which may extend to 95[ten
thousand rupees], and where the contravention or failure is a continuing
one, with further fine which may extend to 96[one thousand rupees] for
every day after the first during which such contravention or failure
continues.
114. Penalty for setting up wharves, quays, etc., without permission
Any person, who contravenes the provisions of section 46 shall be
punishable with fine which may extend to 97[ten thousand rupees] for the
first contravention, and with a further fine which may extend to 97[one
thousand rupees] for every day after the first during which the
contravention continues.
115. Penalty for evading rates, etc
Any person who, with the intention of evading payment of the rates
lawfully due, in respect of any goods or vessel carrying any goods, to the
Board -
(a) understates or incorrectly gives the weight, quantity, value or
description of such goods or the tonnage of such vessel in any document
presented to any employee of the Board for the purpose of enabling him to
determine such rates; or
(b) removes or attempts to remove or abets the removal of such goods or
such vesselshall be punishable with fine which may extend to 1[ ten times]
the amount of rates so due subject to a minimum of 2[ five hundred
rupees].
116. Recovery of value of damage to property of Board. If, through the
negligence of any person having the guidance or command of any vessel, or
of any of the mariners or persons employed on such vessel, any damage is
caused to any dock, wharf, quay, mooring, stage, jetty, pier or other work
in the possession of any Board 3[ or any movable property belonging to any
Board] the amount of such damage shall, on the application of the Board be
recoverable, together with the cost of such recovery, by distress and
sale, under a Magistrate' s warrant, of a sufficient portion of the boats,
masts, spares, ropes, cables, anchors or stores belonging to such vessel:
Provided that no Magistrate shall issue such a warrant until the master of
the vessel has been duly summoned to appear before him and, if he appears,
until he has been heard; and provided also that no such warrant shall
issue if the vessel was at the time under the orders of a duly authorised
employee of the Board and the damage caused was attributable to the order,
act or improper omission of such employee.
117. Other offences. Any person who contravenes any of the provisions of
this Act or of any rule, regulation or order made thereunder, for the
contravention of which no penalty is expressly provided thereunder, shall
be punishable with fine which may extend to 4[ two thousand rupees].
117A. 5[ Person interested in contracts, etc., with the Board to be deemed
to have committed an offence under section 168 of the Indian Penal Code.
Any person who, being a Trustee or an employee of the Board, acquires,
directly or indirectly, any share or interest in any contract or
employment with, by or on behalf of, any Board, shall be deemed to have
committed an offence under section 168 of the Indian Penal Code: Provided
that nothing in this section shall apply to a person who is deemed not to
have a share or interest in any contract or employment under the proviso
to clause (d) of section 6].
118. Cognizance of offences. No court inferior to that of a 6[
Metropolitan Magistrate or Judicial Magistrate of the first class] shall
try any offence punishable under this Act or any rule or regulation made
thereunder.
119. Offences by companies.
(1) If the person committing an offence under this Act is a company, every
person who, at the time the offence was committed was in charge of, and
was responsible to, the company for the conduct of business of the
company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly: Provided that nothing contained in this sub- section shall
render any such person liable to such punishment provided in this Act if
he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub- section (1), where an
offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of, or
that the commission of the offence is attributable to any negligence on
the part of, any director, manager, secretary, or other officer of the
company, such director, manager, secretary, or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly. Explanation.- For the purposes of this
section,--
(a) " company" means a body corporate and includes a firm or other
association of individuals; and
(b) " director", in relation to a firm, means a partner in the firm. CHAP
MISCELLANEOUS CHAPTER XI MISCELLANEOUS
120. Limitation of proceedings in respect of things done under the Act. No
suit or other proceeding shall be commenced against a Board or any member
or employee thereof for anything done, or purporting to have been done, in
pursuance of this Act until the expiration of one month after notice in
writing has been given to the Board or him stating the cause of action, or
after six months after the accrual of the cause of action.
121. Protection of acts done in good faith. No suit or other legal
proceeding shall lie against a Board or any member or employee thereof in
respect of anything which is in good faith done or intended to be done
under this Act or any rule or regulation made thereunder, or for any
damage sustained by any vessel in consequence of any defect in any of the
moorings, hawsers or other things belonging to or under the control of the
Board.
122. Power of Central Government to make rules.
(1) The Central Government may, by notification in the Official Gazette,
make rules for all or any of the following purposes, namely:--
(a) the times and places of the meetings of a Board and the procedure to
be followed for the transaction of business at such meetings;
(b) the fees and allowances payable to the members of a Board or of its
committees;
(c) any other matter in respect of which rules may be made by the Central
Government.
(2) The power to make rules under this section is subject to the condition
of the rules being made after previous publication.
(3) Every rule made under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament while it is in session for a
total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if before the expiry of the session
1[ immediately following the session] or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done
under that rule.
123. General power of Board to make regulations. Without prejudice to any
power to make regulations contained elsewhere in this Act, a Board may
make regulations consistent with this Act for all or any of the following
purposes, namely:--
(a) for the times and places of the meetings of its committees and for the
procedure to be followed for the transaction of business at such meetings;
(b) for the form and manner in which contracts shall be made by the Board;
(c) for the form of receipt to be given under sub- section (2) of section
42;
(d) for the period within which notice may be given under sub- section (2)
of section 43;
(e) for the guidance of persons employed by the Board under this Act;
(f) 3[ for the safe, efficient and convenient use, management and control
of the docks, wharves, quays, jetties, railways, tramways, buildings and
other works constructed or acquired by, or vested in, the Board, or of any
land or foreshore acquired by, or vested in, the Board under this Act];
(g) for the reception, porterage, storage and removal of goods brought
within the premises of the Board, for the exclusive conduct of these
operations by the Board or persons employed by the Board; and for
declaring the procedure to be followed for taking charge of goods which
may have been damaged before landing, or may be alleged to have been so
damaged;
(h) for keeping clean the port, river or basins or the bank of the river
and the works of the Board, and for preventing filth or rubbish being
thrown therein or thereon;
(i) for the mode of payment of rates leviable by the Board under this Act;
(j) for regulating, declaring and defining the docks, wharves, quays,
jetties, stages and piers vested in the Board on which goods shall be
landed from vessels and shipped on board vessels;
(k) for regulating the manner in which, and the conditions under which,
the loading and unloading of all vessels within the port or port
approaches shall be carried out;
(l) for regulating the lighterage of cargo between ships or between ships
and shore or between shore and ships;
(m) for the exclusion from the premises of the Board of disorderly or
other undesirable persons and of trespassers;
(n) for ensuring the safety of the port;
(o) generally, for the efficient and proper administration of the port.
124. Provisions with respect to regulations.
(1) No regulation made by the Board under this Act 1[ other than a
regulation made under sub- section (2) of section 17] shall have effect
until it has been approved by the Central Government and until such
approval has been published in the Official Gazette.
(2) No such regulation 2[ other than a regulation made under section 28,]
shall be approved by the Central Government until the same has been
published by the Board for two weeks successively in the Official Gazette
and until fourteen days have expired from the date on which the same had
been first published in that Gazette.
(3) Any regulation made under this Act other than a regulation made under
section 28 may provide that a breach thereof shall be punishable with fine
which may extend to 3[ two thousand rupees] and where the breach is a
continuing one, with further fine which may extend to 4[ five hundred
rupees] for every day after the first during which such breach continues.
(4) 2[ Every regulation made under this Act shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expirey
of the session or the successive sessions aforesaid, both Houses agree in
making any modification in the regulation or both Houses agree that the
regulation should not be made, the regulation shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that
regulation].
125. Power of Central Government to direct regulations to be made or to
make regulations.
(1) Whenever the Central Government considers necessary in the public
interest so to do, it may, by order in writing together with a statement
of reasons therefor, direct any Board to make any regulations for all or
any of the matters specified in section 28 or section 76 or section 123 or
to amend any regulations, within such period as the Central Government may
specify in this behalf: Provided that the Central Government may extend
the period specified by it by such period or periods as it may consider
necessary.
(2) If any Board, against whom a direction is issued by the Central
Government under sub- section (1), fails or neglects to comply with such
direction within the period allowed under sub- section (1), that
Government may make the regulations or amend the regulations, as the case
may be, either in the form specified in the direction or with such
modifications thereof as the Central Government may think fit: Provided
that before so making or amending the regulations the Central Government
shall consider any objection or suggestion made by the Board within the
said period.
(3) Where in pursuance of sub- section (2), any regulations have been made
or amended, the regulations so made or amended shall be published by the
Central Government in the Official Gazette and shall thereupon have effect
accordingly.
126. Power of Central Government to make first regulations.
Notwithstanding anything contained in this Act, the first regulations
under this Act shall be made by the Central Government and shall have
effect on being published in the Official Gazette.
127. Posting of certain regulations, etc. The text of the regulations made
under clauses (e) to (n) of section 123 and the scale of rates together
with a statement of conditions framed by any Board under Chapter VI shall
be prominently posted by the Board in English, in Hindi and in the
regional language on special boards to be maintained for the purpose at
the wharves, docks, piers and other convenient places on the premises of
the Board.
128. Saving of right of Central Government and Municipalities to use
wharves, etc., for collecting duties and of power of Customs Officers.
Nothing in this Act shall affect--
(1) the right of the Central Government to collect customs duties or of
any municipality to collect town duties at any dock, berth, wharf, quay,
stage, jetty or pier in the possession of a Board, or
(2) any power or authority vested in the customs authorities under any law
for the time being in force.
129. Application of certain provisions of the Act to aircraft. The
provisions of sections 35, 37, 38, 39, 40, 41, 42, 48, 49, 50, 64, 65,
115, 121, 123 and 124 shall apply in relation to all aircraft making use
of any port while on water as they apply in relation to vessels.
130. Power to evict certain persons from the premises of Board.
(1) Notwithstanding anything contained in any other law for the time being
in force, if a Board in exercise of the powers conferred on it by
regulations made under this Act cancel the allotment of any premises made
to any employee of the Board, the Board may, by notice in writing, order
such allottee or any other person who may be in occupation of the whole or
any part of the premises to surrender or deliver possession thereof to the
Board or a person appointed by the Board in that behalf within such period
as may be specified in the notice. Explanation.-- For the purposes of this
section," premises" means any building or part of a building and
includes--
(i) the gardens, grounds and out- houses, if any, appertaining to such
building or part of a building;
(ii) any fittings affixed to such building or part of a building for the
more beneficial enjoyment thereof; and
(iii) any furniture, books or other things belonging to the Board and
found in such building or part of a building.
(2) If any allottee or other person refuses or fails to comply with an
order made under sub- section (1), any magistrate of the first class may,
on application made by or on behalf of the Board, order any police
officer, with proper assistance, to enter into the premises and evict any
person from, and take possession of, the premises and to deliver the same
to the Board or a person appointed by the Board in that behalf and the
police officer may, for the purpose, use such force as may be necessary.
(3) Any such notice as is referred to in sub- section (1) may be served--
(a) by delivering or tendering it to the allottee or any other person who
may be in occupation of the whole or any part of the premises, or
(b) if it cannot be so delivered or tendered, by affixing it on the outer
door or some other conspicuous part of the premises, or
(c) by registered post.
131. Alternative remedy by suit. Without prejudice to any other action
that may be taken under this Act, a Board may recover by suit any rates,
damages, expenses, costs, or in the case of sale the balance thereof, when
the proceeds of sale are insufficient, or any penalties payable to, or
recoverable by, the Board under this Act or under any regulations made in
pursuance thereof.
132. Requirements as to publication of notifications, orders, etc., in the
Official Gazette.
(1) Any requirement in this Act that a notification, order, rule or
regulation issued or made by a Board or by the Central Government shall be
published in the Official Gazette, shall, unless otherwise expressly
provided in this Act, be construed as a requirement that the notification,
order, rule or regulation shall--
(a) where it is issued or made by the Board, be published in the Official
Gazette of the State in which the port is situated, and
(b) where it is issued or made by the Central Government, be published in
the Gazette of India.
(2) Any notification, order, rule or regulation issued or made by the
Central Government shall, for general information, be also republished in
the Official Gazette of the State in which the port is situated.
133. Repeal.
(1) On the application of this Act to the port of Kandla, the Bombay
Landing and Wharfage Fees Act, 1882[ Bombay Act of 1882 ] shall cease to
have force in relation to that port.
(2) On the application of this Act to the ports of Cochin and
Vishakhapatnam, the Madras Outputs Landing and Shipping Fees Act, 1885
(Madras Act 3 of 1885 ) shall cease to have force in relation to those
ports.
(2A) 1[ On the application of this Act to the port of Bombay, the Bombay
Port Trust Act, 1879 , (Bombay Act 6 of 1879 ) except the provisions
thereof relating to municipal assessment of the properties of the port of
Bombay and matters connected therewith, shall cease to have force in
relation to that port.
(2B) On the application of this Act to the port of Calcutta, the Calcutta
Port Act, 1890 , (Bengal Act 3 of 1890 ) except the provisions thereof
relating to municipal assessment of the properties of the port of Calcutta
and matters connected therewith, shall cease to have force in relation to
that port.
(2C) On the application of this Act to the port of Madras, the Madras Port
Trust Act, 1905 , (Madras Act 2 of 1905 ) shall cease to have force in
relation to that port.
(2D) Notwithstanding anything contained in sub- sections (2A), (2B) and
(2C),-
(a) every Trustee of the Board of Trustees of the port of Bombay or Madras
holding office as such immediately before the application of this Act to
the port of Bombay or Madras, as the case may be, shall be deemed to have
been appointed or elected as such under this Act and shall continue to
hold such office after such application until a Board of Trustees in
respect of that port is constituted under the provisions of this Act;
(b) every Commissioner of the port of Calcutta holding office as such
immediately before the application of this Act to that port shall be
deemed to have been appointed or elected as a Trustee under the provisions
of this Act and shall continue to hold such office after such application
until a Board of Trustees in respect of that port is constituted under the
provisions of this Act;
(c) anything done or any action taken or purported to have been done or
taken (including any rule, regulation, bye- law, notification, order or
notice made or issued or any resolution passed or any appointment or
declaration made or any licence, permission or exemption granted or any
rates, charges or duties levied or any penalty or fine imposed) under the
Acts referred to in sub- sections (2A), (2B) and (2C) shall, in so far as
it is not inconsistent with the provisions of this Act, be deemed to have
been done or taken under the corresponding provisions of this Act.
(2E) Upon the cesser of operation of the provisions of the Acts referred
to in sub- section (2A), (2B) and (2C), the provisions of section 6 of the
General Clauses Act, 1897 (10 of 1897 ), shall apply as if the provisions
first- mentioned were provisions contained in a Central Act and such
cesser of operation were a repeal; and the mention of particular matters
in sub- section (2D) shall not be held to prejudice or affect the general
application of the said section 6 with regard to the effect of repeals]."
(3) If immediately before the application of this Act to any other port,
there is in force in that port any law which corresponds to this Act or to
any provision thereof, that corresponding law shall, on such application,
cease to have force in relation to that port 2[ and section 6 of the
General Clauses Act, 1897 , shall apply as if such corresponding law were
a Central Act and such cesser of operation were a repeal].
134. Power to remove difficulties. If any difficulty arises in giving
effect to the provisions of this Act, particularly in relation to the
transition from the enactments repealed by this Act to the provisions of
this Act, the Central Government may, by general or special order, do
anything not inconsistent with such provisions which appears to it to be
necessary or expedient for the purpose of removing the difficulty: 3[
Provided that no such order shall be made in respect of a port alter the
expiry of a period of two years from the appointed day.]
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