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Major Port Trusts Act, 1963

Sections
Preamble

Major Port Trusts Act, 1963

CHAPTER I: PRELIMINARY

1. 2.

Short title commencement and application Definitions

CHAPTER II: BOARD OF TRUSTEES AND COMMITTEES THEREOF

3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 14A. 15. 16. 17. 18. 19.

Constitution of Board of Trustees First Board of Trustees Board to be body corporate Disqualification for office of Trustee Term of office of Trustees Vacation of office of Trustees Eligibility of Trustee for re-appointment or re-election Filling of vacancies in office of Trustee Saying provision for appointment of Trustee by Central Government after prescribed period Power of Central Government to extend time for election or appoint Trustees in default of election Term of office In case of certain trustees Absence of Chairman and Deputy Chairman Acting Chairman or Deputy Chairman Conditions of service of Chairman and Deputy Chairman Meetings of Board Committees of Board Fees and allowances payment Trustees Restriction of power of Trustees to vote in certain cases

20. 21. 22.

Defects In appointments or election not to invalidate acts, etc Delegation of powers Duties of Chairman and Deputy Chairman

CHAPTER III: STAFF OF THE BOARD

23. 24. 25. 26. 27. 28.

Schedule of Board's staff Power to make appointments Power to grant leave, etc.; to employees of Board Consulting Engineer to Board Power to create posts Power to make regulations

CHAPTER IV: PROPERTY AND CONTRACTS

29. 30. 31. 32. 33. 34.

Transfer of assets and liabilities of Central Government, etc. to Board Existing rates, etc., to continue until altered by board Repayment of capital with interest Acquisition of immovable property for the Board Contracts by Board Mode of executing contracts on behalf of Board

CHAPTER V: WORKS AND SERVICES TO BE PROVIDED AT PORTS

35. 35A. 36. 37. 38. 39. 40. 41. 42. 43.

Power of Board to execute works and provide appliances Power with respect to landing places and bathing ghats Power of Board to undertake certain works Power of Board to order sea-going vessels to use docks, wharves, etc If accommodation sufficient, all sea-going vessels compelled to use docks, wharves; etc Power to order vessels not to come alongside of, or to he removed from, docks, wharves, etc Power of Central Government to exempt from obligation to use docks, wharves, etc Board to declare when vessels other than sea-going vessels compelled to use docks, wharves, etc. Performance of services by Board or other person Responsibility of Board for loss, etc., of goods

44. 45. 46. 47.

Accommodation to be provided for customs officers in wharves, etc., appointed under Customs Act Dues at customs wharves, etc Power to permit erection of private wharves, etc., within a port subject to conditions Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful

CHAPTER VA: TARIFF AUTHORITY FOR MAJOR PORTS

47A. 47B. 47C. 47D. 47E. 47F. 47G. 47H.

Constitution and incorporation of Tariff Authority for Major Ports Term of office, conditions of service, etc., of Chairperson and other Members Disqualification for the office of Chairperson and Member Removal, etc., of Chairperson and Members Meetings Authentication of all orders and decisions of the Authority Vacancy, etc., not to invalidate proceedings of the Authority Officers and employees of the Authority

CHAPTER VI: IMPOSITION AND RECOVERY OF RATES AT PORTS

48. 49. 49A. 49B. 50. 50A. 50B. 50C. 51. 52. 53. 54. 55. 56. 57. 58.

Scales of rates for services performed by Board or other person Scale of rates and statement of conditions for use of property belonging to Board Fees for pilotage and certain other services Fixation of port-dues Consolidated rates for combination of services Port-due on vessels in ballast Port-due on vessels not discharging or taking in cargo Publication of orders of Authority Power to levy concessional rates in certain cases Replealed Exemption from, and remission of, rates or charges Power of Central Government, to require modification or cancellation of rates Refund of overcharges Notice of payment of charges short-levied or erroneously refunded Board not to lease rates without sanction Time for payment of rates on goods

59. 60. 61. 62. 63. 64. 65.

Board's lien for rates Ship-owner's lien for freight and other charges Sale of goods after two months if rates or rent are not paid or lien for; freight is not discharged Disposal of goods not removed from premises of Board within time limit Application of sale proceeds Recovery of rates and charges by distraint of vessel Grant of port-clearance after payment of rates and realisation of damages, etc.

CHAPTER VII: BORROWING POWERS OF BOARD

66. 67. 68. 69. 70. 71. 72. 73. 74. 74A. 74B. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86.

Power to raise loans Port Trust securities Right of survivors of joint or several payees of securities Power of one or two or more joint holders to grant receipts Indorsements to be made on security itself Indorser of security not liable for amount thereof Impression of signature on securities Issue of duplicate securities Issue of converted, etc. securities Recognition as holder of Port Trust securities in certain cases Legal effect of recognition by the Board under section 74A Discharge in certain cases Power of Board to make regulations Place and currency of loans raised by Board Security for loans taken out by Board Remedies of Government in respect of loans made to Boards Power of Board to repay loans before due date Establishment of sinking fund Investment and application of sinking fund Examination of sinking fund Power of Board to raise loans on short-term bills Power of Board to take temporary loans or overdrafts Powers of Board to borrow money from International Bank for Reconstruction and Development or other foreign institutions

CHAPTER VIII: REVENUE AND EXPENDITURE

87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105.

General account of Port Application of moneys in general account Repealed Establishment of reserve funds Power to reserve Port Trust securities for Board's own investments Prior sanction of Central Government to charge expenditure to capital Works requiring sanction of Board of Central Government Powers of Chairman as to execution of works Power of Board to compound or compromise claims Writing off of losses Powers, etc., of Board as Conservator or body appointed under section 36 of Indian Ports Act Budget estimates Preparation of supplemental estimate Re-appropriation of amounts in estimate Adherence to estimate except in emergency Accounts and audit Publication of audit report Board to remedy defects and irregularities pointed out in audit report Central Government to decide difference between Board and auditors

CHAPTER IX: SUPERVISION AND CONTROL OF CENTRAL GOVERNMENT

106. 107. 108. 109. 110. 110A. 111.

Administration report Submission of statements of income and expenditure to Central Government Power of Central Government to order survey or examination of works of Board Power of Central Government to restore or complete works at the cost of Board Power of Central Government to supersede Board Power of Central Government to supersede the Authority Power of Central Government to issue directions to Board

CHAPTER X: PENALTIES

112. 113. 114. 115. 116. 117. 117A. 118. 119.

Every person employed by the Authority of this Act to be a public servant Penalty for contravention of sections 37, 38, 40 and 41 Penalty for setting up wharves, quays, etc., without permission Penalty for evading rates, etc Recovery of value of damage to property of Board Other offences Person interested in contracts, etc., with the Board to he deemed to have committed an offence under section 168 of the Indian Penal Code Cognizance of offences Offences by companies

CHAPTER XI: MISCELLANEOUS

120. 121. 122. 123. 123A. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134.

Limitation of proceedings in respect of things done under the Act Protection of acts done in good faith Power of Central Government to make rules General Power of Board to make regulations Power of Authority to make regulations Provisions with respect to regulations Power of Central Government to direct regulations to be made or make regulations Power of Central Government to make first regulations Posting of Certain regulations, etc. Saving of right of Central Government and municipalities to use wharves, etc., for collecting duties and of power of Customs Officers Application of certain provisions of the Act to aircraft Power to evict certain persons from the premises of Board Alternative remedy by suit Requirements as to publication of notifications, orders, etc., in the Official Gazette Repeal Power to remove difficulties