Major Port Trusts Act, 1963 Major Port Trusts Act, 1963 Major Port Trusts Act, 1963
 
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Major Port Trusts Act, 1963

 

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Major Port Trusts Act, 1963

 

Preamble

   
  CHAPTER I: PRELIMINARY
1.

Short title commencement and application

2.

Definitions

   
  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

   
  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

   
  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

   
  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

   
  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

   
  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.

   
  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

   
  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

   
  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

   
  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

   
  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

 

Major Port Trusts Act, 1963

 

 

 

 

 

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