Sections | Major Port Trusts Act, 1963 |
| Preamble |
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| CHAPTER I: PRELIMINARY |
1. | Short title commencement and application |
2. | Definitions |
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| CHAPTER II: BOARD OF TRUSTEES AND COMMITTEES THEREOF |
3. | Constitution of Board of Trustees |
4. | First Board of Trustees |
5. | Board to be body corporate |
6. | Disqualification for office of Trustee |
7. | Term of office of Trustees |
8. | Vacation of office of Trustees |
9. | Eligibility of Trustee for re-appointment or re-election |
10. | Filling of vacancies in office of Trustee |
11. | Saying provision for appointment of Trustee by Central Government after prescribed period |
12. | Power of Central Government to extend time for election or appoint Trustees in default of election |
13. | Term of office In case of certain trustees |
14. | Absence of Chairman and Deputy Chairman |
14A. | Acting Chairman or Deputy Chairman |
15. | Conditions of service of Chairman and Deputy Chairman |
16. | Meetings of Board |
17. | Committees of Board |
18. | Fees and allowances payment Trustees |
19. | Restriction of power of Trustees to vote in certain cases |
20. | Defects In appointments or election not to invalidate acts, etc |
21. | Delegation of powers |
22. | Duties of Chairman and Deputy Chairman |
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| CHAPTER III: STAFF OF THE BOARD |
23. | Schedule of Board's staff |
24. | Power to make appointments |
25. | Power to grant leave, etc.; to employees of Board |
26. | Consulting Engineer to Board |
27. | Power to create posts |
28. | Power to make regulations |
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| CHAPTER IV: PROPERTY AND CONTRACTS |
29. | Transfer of assets and liabilities of Central Government, etc. to Board |
30. | Existing rates, etc., to continue until altered by board |
31. | Repayment of capital with interest |
32. | Acquisition of immovable property for the Board |
33. | Contracts by Board |
34. | Mode of executing contracts on behalf of Board |
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| CHAPTER V: WORKS AND SERVICES TO BE PROVIDED AT PORTS |
35. | Power of Board to execute works and provide appliances |
35A. | Power with respect to landing places and bathing ghats |
36. | Power of Board to undertake certain works |
37. | Power of Board to order sea-going vessels to use docks, wharves, etc |
38. | If accommodation sufficient, all sea-going vessels compelled to use docks, wharves; etc |
39. | Power to order vessels not to come alongside of, or to he removed from, docks, wharves, etc |
40. | Power of Central Government to exempt from obligation to use docks, wharves, etc |
41. | Board to declare when vessels other than sea-going vessels compelled to use docks, wharves, etc. |
42. | Performance of services by Board or other person |
43. | Responsibility of Board for loss, etc., of goods |
44. | Accommodation to be provided for customs officers in wharves, etc., appointed under Customs Act |
45. | Dues at customs wharves, etc |
46. | Power to permit erection of private wharves, etc., within a port subject to conditions |
47. | Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful |
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| CHAPTER VA: TARIFF AUTHORITY FOR MAJOR PORTS |
47A. | Constitution and incorporation of Tariff Authority for Major Ports |
47B. | Term of office, conditions of service, etc., of Chairperson and other Members |
47C. | Disqualification for the office of Chairperson and Member |
47D. | Removal, etc., of Chairperson and Members |
47E. | Meetings |
47F. | Authentication of all orders and decisions of the Authority |
47G. | Vacancy, etc., not to invalidate proceedings of the Authority |
47H. | Officers and employees of the Authority |
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| CHAPTER VI: IMPOSITION AND RECOVERY OF RATES AT PORTS |
48. | Scales of rates for services performed by Board or other person |
49. | Scale of rates and statement of conditions for use of property belonging to Board |
49A. | Fees for pilotage and certain other services |
49B. | Fixation of port-dues |
50. | Consolidated rates for combination of services |
50A. | Port-due on vessels in ballast |
50B. | Port-due on vessels not discharging or taking in cargo |
50C. | Publication of orders of Authority |
51. | Power to levy concessional rates in certain cases |
52. | Replealed |
53. | Exemption from, and remission of, rates or charges |
54. | Power of Central Government, to require modification or cancellation of rates |
55. | Refund of overcharges |
56. | Notice of payment of charges short-levied or erroneously refunded |
57. | Board not to lease rates without sanction |
58. | Time for payment of rates on goods |
59. | Board's lien for rates |
60. | Ship-owner's lien for freight and other charges |
61. | Sale of goods after two months if rates or rent are not paid or lien for; freight is not discharged |
62. | Disposal of goods not removed from premises of Board within time limit |
63. | Application of sale proceeds |
64. | Recovery of rates and charges by distraint of vessel |
65. | Grant of port-clearance after payment of rates and realisation of damages, etc. |
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| CHAPTER VII: BORROWING POWERS OF BOARD |
66. | Power to raise loans |
67. | Port Trust securities |
68. | Right of survivors of joint or several payees of securities |
69. | Power of one or two or more joint holders to grant receipts |
70. | Indorsements to be made on security itself |
71. | Indorser of security not liable for amount thereof |
72. | Impression of signature on securities |
73. | Issue of duplicate securities |
74. | Issue of converted, etc. securities |
74A. | Recognition as holder of Port Trust securities in certain cases |
74B. | Legal effect of recognition by the Board under section 74A |
75. | Discharge in certain cases |
76. | Power of Board to make regulations |
77. | Place and currency of loans raised by Board |
78. | Security for loans taken out by Board |
79. | Remedies of Government in respect of loans made to Boards |
80. | Power of Board to repay loans before due date |
81. | Establishment of sinking fund |
82. | Investment and application of sinking fund |
83. | Examination of sinking fund |
84. | Power of Board to raise loans on short-term bills |
85. | Power of Board to take temporary loans or overdrafts |
86. | Powers of Board to borrow money from International Bank for Reconstruction and Development or other foreign institutions |
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| CHAPTER VIII: REVENUE AND EXPENDITURE |
87. | General account of Port |
88. | Application of moneys in general account |
89. | Repealed |
90. | Establishment of reserve funds |
91. | Power to reserve Port Trust securities for Board's own investments |
92. | Prior sanction of Central Government to charge expenditure to capital |
93. | Works requiring sanction of Board of Central Government |
94. | Powers of Chairman as to execution of works |
95. | Power of Board to compound or compromise claims |
96. | Writing off of losses |
97. | Powers, etc., of Board as Conservator or body appointed under section 36 of Indian Ports Act |
98. | Budget estimates |
99. | Preparation of supplemental estimate |
100. | Re-appropriation of amounts in estimate |
101. | Adherence to estimate except in emergency |
102. | Accounts and audit |
103. | Publication of audit report |
104. | Board to remedy defects and irregularities pointed out in audit report |
105. | Central Government to decide difference between Board and auditors |
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| CHAPTER IX: SUPERVISION AND CONTROL OF CENTRAL GOVERNMENT |
106. | Administration report |
107. | Submission of statements of income and expenditure to Central Government |
108. | Power of Central Government to order survey or examination of works of Board |
109. | Power of Central Government to restore or complete works at the cost of Board |
110. | Power of Central Government to supersede Board |
110A. | Power of Central Government to supersede the Authority |
111. | Power of Central Government to issue directions to Board |
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| CHAPTER X: PENALTIES |
112. | Every person employed by the Authority of this Act to be a public servant |
113. | Penalty for contravention of sections 37, 38, 40 and 41 |
114. | Penalty for setting up wharves, quays, etc., without permission |
115. | Penalty for evading rates, etc |
116. | Recovery of value of damage to property of Board |
117. | Other offences |
117A. | Person interested in contracts, etc., with the Board to he deemed to have committed an offence under section 168 of the Indian Penal Code |
118. | Cognizance of offences |
119. | Offences by companies |
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| CHAPTER XI: MISCELLANEOUS |
120. | Limitation of proceedings in respect of things done under the Act |
121. | Protection of acts done in good faith |
122. | Power of Central Government to make rules |
123. | General Power of Board to make regulations |
123A. | Power of Authority to make regulations |
124. | Provisions with respect to regulations |
125. | Power of Central Government to direct regulations to be made or make regulations |
126. | Power of Central Government to make first regulations |
127. | Posting of Certain regulations, etc. |
128. | Saving of right of Central Government and municipalities to use wharves, etc., for collecting duties and of power of Customs Officers |
129. | Application of certain provisions of the Act to aircraft |
130. | Power to evict certain persons from the premises of Board |
131. | Alternative remedy by suit |
132. | Requirements as to publication of notifications, orders, etc., in the Official Gazette |
133. | Repeal |
134. | Power to remove difficulties |