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THE MAJOR PORT TRUSTS ACT, 1963 |
NO.38 OF 1963
[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 date { 2–9—1964, vide Notification No.G.S.R.296, dated 28–2–1964, Gazette of India, Extraordinary, Pt.II, Sec.3(I), p.79.} 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 Vishakhapatnam, and the Central Government may, by notification in the Official Gazette, apply the provisions of this Act to such other major port (not being the major port of Bombay, Calcutta or Madras), 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;
(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 the 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;
(j) “Indian Ports Act” means the Indian Ports Act, 1908 (15 of 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 the port;
(m) “major port” has the same meaning as in the Indian Port 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 or pontoon, and any bridges or other works connected therewith;
(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, 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;
(z) “vessel” includes 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;
(b) a Deputy Chairman, if the Central Government deems fit to appoint one; and
(c) not more than ten persons to be appointed by the Central Government from amongst persons who are in its opinion capable or representing–
(i) labour employed in the port;
(ii) the Mercantile Marine Department;
(iii) the Customs Department;
(iv) the Government of the State in which the port is situated;
(v) the Defence Services;
(vi) the Indian Railways; and
(vii) such other interests as, in the opinion of the Central Government, ought to be represented on the Board:
Provided that before appointing any person under sub–clause (i), the Central Government shall obtain the opinion of the trade unions, if any, composed of persons employed in the port and registered under the Indian Trade Unions Act, 1926, (16 of 1926) and that the number or persons so appointed shall not be loess than two;
(d) not more than twelve persons to be elected by such State or local bodies representing commercial, shipping or local interests as the Central Government may, from time to time, by notification in the Official Gazette, specify.
(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 clause (d) 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 clause (d) 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, not exceeding twenty–two, as that Government may deed 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 department specified in sub–clauses (ii), (iii), (v) and (vi) of clause (c) of sub–section (1) section 3; and
(iv) such other interest 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 n undischarged insolvent; or
(c) holds any office of profit under the Board:
Provided that this disqualification shall not apply to the Chairman or Deputy Chairman:
(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 or interest in any newspaper in which any advertisement relating to the affairs of the Board may be inverted, 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 license 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 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 disqualifications mentioned in section 6; or
(b) refuse to act or becomes incapable of acting; or
(c) is, without the permission of the Board previously obtained, absent from six consecutive ordinary meeting 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 in the 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 or election, as the case may be, in the manner hereinbefore 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 is such vacancy and 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.Saving 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.
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 sub–sections (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 committee or committees by the Board.
(2) A committee constituted under this section shall meet at such times and at such places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum) as may be provided by regulations made under this Act.
18.Fees and allowances payable to Trustees.- 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 by 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.
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 direct or 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 or a local authority or a trade union registered under the Indian Trade Unions Act, 1926(16 of 1926).
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 on 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 shall 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 Boards 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.
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 the incumbent of which is to be regarded as the head of a department, be exercisable by the Central Government after consultation with the Chairman;
(b) in the case of a post [other than a post referred to in clause (a)] the maximum of the pay–scale for which (exclusive of allowances) exceeds such amount as the Central Government may, from time to time, fix in this behalf, and where no such amount has been fixed, is not less than one thousand rupees, be exercisable by the Board;
(c) in the case of any other post, be exercisable 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 at that 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 promote, grant leave, etc., to employees of Board.- (1) Subject to any regulations made under section 28, the power of promoting, granting extension of service to, granting leave to, suspending, reducing, removing or dismissing or of disposing of any other question relating to the services, or, 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—
(a) in the case of a Head of a department or in the case of an employee holding a post referred to in clause (b) of sub–section (1) of section 24, by the Board;
(b) in any other case, 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, removal or dismissal of a Head of a department, shall have effect until it is approved by the Central Government.
(2) Any employee of a Board (not being a Head of a department) aggrieved by an order involving his reduction in rank, removal or dismissal may, within such time and in such manner as may be provided for by regulations, prefer an appeal—
(a) to the Central Government, where such order is passed by the Board,
(b) to the Board, where such order is passed by the Chairman.
(c) to the Chairman, in any other case:
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 the Board and the Board 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.Sanction of Central Government necessary in case of creation of certain posts.- Notwithstanding anything contained in section 23, no post other than a post referred to in clause (c) of sub–section (1) of section 24 shall be created except with the sanction of the Central Government.
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, 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.,- (1) As from the appointed day in relation to any port—
(a) all property, assets and funds 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 employee 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.
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.Procedure when immovable property cannot be acquired by agreement.- Whenever any immovable property which is required for the purposes of the Board cannot be acquired by agreement, 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 on 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,.- (1) Every contract shall, on behalf of a Board, be made by the Chairman and shall be sealed with the common seal of the Board:
Provided that no contract whereof the value of 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 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, lending 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 and 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, becomes, buoys, pilot boats and other appliances necessary for the safe navigation of the port and of the port approaches;
(h) vessels, tugs 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.
36.Power or Board to undertake certain works.- 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.
37.Power of Board to order sea-going vessels to use docks, war vest, 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 make 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 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 be 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, the Board may charge in respect of such vessel such sum as it thinks fit, not exceeding one 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 its hall 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 f 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 be removed out of the said 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; and
(d) receiving and delivering, transporting and booking and dispatching 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).
(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 service mentioned in sub–section (1) 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 leviable according to the scale framed under section 48 or section 49 or section 50.
(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 (9 of 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:
Provided that no responsibility under this section shall attach to the Board until a receipt mentioned in sub–section (2) of section 42 is given by the Board.
(2) A Board shall not be in any 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 from the date of the receipt given for the goods 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 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 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., rend red 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 any 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 the Arbitration Act, 1940 (10 of 1940) 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, (5 of 1908) 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 witness 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 thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
CHAPTER VI
IMPOSITION AND RECOVERY OF RATES AT PORTS
48.Scales of rates for services performed by Board or other person.- (1) Every Board shall from time to time frame a scale of rates at which, and a statement of the conditions under which, any of the services specified hereunder shall be performed by itself or any 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, excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act.
(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.- (1) Every Board shall, from time to time, 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 lying 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 may be framed for different classes of goods and vessels.
50.Consolidated rates for combination of services.- A Board may, from time to time, frame a consolidated scale of rates for any combination of the services 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.
51.Power to levy concessional rates in certain cases.- In framing scales under any of the foregoing provisions of this Chapter, the Board 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 Board 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.Prior sanction of Central Government to rates and conditions.- Every scale of rates and every statement of conditions framed by a Board under the foregoing provisions of this Chapter shall be submitted to the Central Government for sanction and shall have effect when so sanctioned and published by the Board in the Official Gazette.
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 therefor, direct any Board to cancel any of the scales in force or modify the same, within such period as that Government may specify in the order.
(2) If any Board against whom a direction is made under sub–section (1) fails or neglects to comply with such direction 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 the Board 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 his 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.- A Board 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 of 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.Boards lien for rates.- (1) For the amount of all rates leviable by a Board 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 the ship–owner’s lien upon the said goods for freight and other charges where such lean exists and has been preserved in the
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