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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 34] NEW DELHI, TUESDAY, AUGUST 13, 1963/SRAVANA 22, 1885

LOK SABHA

The following report of the Select Committee on the Bill 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 was presented to Lok Sabha on the 13th August, 1963: —

Composition of the Select Committee Shri S. V. Krishnamoorthy Rao—Chairman

MEMBERS 2. Shri Tridib Kumar Chaudhuri 3. Shri Sudhansu Bhushan Das 4. Shri Shivajirao S. Deshmukh 5. Dr. P. D. Gaitonde 6. Shri V. B. Gandhi 7. Shri Indrajit Gupta 8. Shri Himmatsinhji 9. Shri P. G. Karuthiruman

10. Shri Lahri Singh 11. Shri Rama Chandra Mallick 12. Shri Niranjan Lall 13. Shri Raghunath Singh 14. Shri Raj Bahadur 15. Shri C. R. Raja 16. Shri M. Thirumala Rao 17. Shri H. Siddananjappa 18. Dr. L. M. Singhvi 19. Shri Ravindra Varma 20. Shri Vishram Prasad 21. Shri Jagjivan Ram.

DRAFTSMAN

Shri G. R. Bal, Joint Secretary and Draftsman, Ministry of Law.

SECRETARIAT

Shri A. L. Rai—Deputy Secretary.

(485)

433 G of I Ex.—

REPORT OF THE SELECT COMMITTEE

1, the Chairman of the Select Committee to which the Bill* 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 con- nected therewith was referred, having been authorised to submit the report on their behalf present their Report, with the Bill as amended by the Committee annexed thereto-

2. The Bill was introduced in Lok Sabha on the 23rd November, 1962. The motion for reference of the Bill to a Select Committee was moved by Shri Raj Bahadur, Minister of Shipping in the Min- istry of Transport and Communications, on the 8th December, 1962; and was adopted on the same day.

3- The Committee held seven sittings in all.

4. The first sitting of the Committee was* held on the 12th December, 1962, to draw up a programme of work. The Committee at this sitting decided to hear evidence from associations etc. and to issue a press communique inviting memoranda for the purpose. The Chairman was authorised to decide, after examining the memo- randa submitted by the associations as to which of them should be called upon to give oral evidence before the Committee.

5. The Report of the Committee was to be presented by the first day of the Fourth Session. As this could not be done, the Commit- tee, at their second sitting held on the 25th January, 1963 decided to ask for an extension of time for presentation of their reportl upto the first day of the Fifth Session. Necessary motion was brought before the House and adopted on the 18th February, 1963.

6. Ten memoranda/representations on the Bill were received by the Committee from different associations and public bodies.

7. At their Third and Fourth Sittings held on the 30th March and 4th June, 1963, respectively, the Committee heard the evidence given by the representatives of three associations and one Port Trust.

•Published In the Gazette of India, Extraordinary, Part II, Section 2, dated ihe23rd November, 1962.

8. The Committee have decided that the evidence given before them should be laid on the Table of the House in extenso.

9. The Committee considered the Bill clause by clause at their Fourth, Fifth and Sixth Sittings held on the 4th, 5th and 7th June, 1963.

10. The Committee considered and adopted the report on the 9th August, 1963.

11. The observations of the Committee with regard to the prin- cipal changes proposed in the Bill are detailed in the succeeding paragraphs.

12. Clause 2—The amendments made to the clause are of draft- ing nature.

13. Clause 3.—The Committee are of the view that the number of persons to be elected to a Board of Trustees by State or local bodies representing commercial, shipping or local interests should not exceed twelve so that parity is maintained between elected and nominated members-

The clause has been amended accordingly-

14- Clause 4.—The amendment made to sub-claus* (1) (c) is consequential to the amendment to clause 3.

The other amendment is of drafting nature.

15. Clause 5.—The Committee feel that the proviso to the clause is redundant in view of the second proviso to sub-clause (1) of clause 34 and as such could be omitted.

The clause has been amended accordingly.

16. Clause 8.—The Committee are of the opinion that the proper procedure would¹ be for a Trustee to give notice of resignation to the Chairman who should forward the same to the Government.

The clause has been amended accordingly.

17. Clause 10.—The Committee are of the view that if the normal term of office of the vacating Trustee is due to expire within three months, no useful purpose would be served by filling up the vacancy for such a short duration.

The clause has been amended accordingly.

18. Clauses 13, 21 and 22.—The amendments made to the clauses are of drafting and verbal nature.

19. Clauses 24 and 25—The Committee consider that—

(1) the power of disposing of questions relating to service matters of a Head of a Department or an employee appointed by the Board should be exercised by the Board subject to any order involving extension of ser- vice, suspension, reduction in rank, removal or dismis- sal of a Head of a Department taking effect only after approval by the Central Government, but in the case of any other post a certain measure of decentralisation of authority is desirable; and

(2) employees (other than Heads of Departments in whose case approval of the Central Government would be necessary under the proviso to sub-clause (1) of amended clause 25, before an order for their reduction in rank etc. could take effect) should have o right of appeal against an order involving reduction in rank, removal or dismissal.

The clauses have been amended to carry out this intention. The other amendments are of a drafting nature.

20. Clause 28.—The Committee consider it desirable to make clear that the Board would have the power to make regulations for any alteration that may be necessary in respect of tenure, remu- neration or terms and conditions of service of the existing port em- ployees after they become employees of the Board.

A new sub-clause (c) has been added accordingly.

The addition of new sub-clause (d) is consequential to the amendment to clause 25.

21. Clause 29—The Committee feel that provision should be made in the clause to forestall any possible demand for compensation under the Industrial Disputes Act, 1947, or any other law by any port employee serving under the Central Government or other authority on the transfer of his service to the Board under this clause.

The clause has been amended accordingly.

The other amendments are of a drafting nature,

22. Clauses 37, 38, 41 and 44—The clauses have been amended with a view to bring them in line with the provisions of the Customs Act 1962.

23. Clause 42—The Committee are of the opinion that, where it is not possible for the Board to undertake any of the services mentioned in the clause, the Board should have the power to authorise any person to perform such services on agreed terms and conditions.

The clause has been amended accordingly,

24. Clauses 45 and 47—The amendments made to the clauses are

of a drafting nature.

25. Clause 48—The amendment made to the clause is consequen-

tial to the amendment to clause 42.

26. Clauses 51, 53, 61 and 62—The amendments made to the clauses

are of drafting and clarificatory nature.

27. Clause 63—The Committee feel that it will not be desirable to provide in this Bill that the proceeds of sale under clause 61 or clause 62 may be applied in payment of dues outstanding In favour of the Board in respect of any other goods belonging to the same importer, owner or consignee. Dues outstanding in respect of such other goods should more appropriately be recovered by separate independent action. The Committee also consider that sub-clause (1) does not specifically refer to confiscated goods and, therefore, reference to such goods in sub-clause (2) would be inappropriate.

The clause has been amended accordingly.

28. Clauses 68, 97, 99 and 104.—The amendments nrade to the

clauses are of drafting nature,

29. Clause 115.~The clause has been re-drafted to make the inten- tion clear. It has now been made more comprehensive to cover other methods that may be resorted to for evasion of rates.

30. Clausen 120 and 121.—The Committee are of the opinion that the protection granted by these clauses should extend to members of the Board also.

The clauses have been amended accordingly.

31. Clauses 122 and 123.—The amendments made to the clauses are

of drafting and clarificatory nature.

32. Clause 124,—The Committee feel that the regulations framed under clause 28 should also be published in the Official Gazette prior to their approval by the Central Government so as to enable the employees to express their opinion on the terms and conditions of service.

The clause has been amended accordingly.

The other amendments are of drafting nature.

33. Clauses 125, 127 and 130—The amendments made to the clause* are of drafting and clarlflcatory nature.

34: The Select Committee recommend that the BUI as amended be passed.

S. V. KRISHNAMOORTHY RAO, NEW DELHI;

Chairman,

The &th August, 1963.

Select Committee,

Minute of Dissent

Clause 3 provides that 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 the port, which will represent various interests. Not more than ten persons are to be appointed by the Central Government from amongst the persons, who are, in its opinion, capable of representing labour in the port, Mercantile Marine Department, Customs, State Government, Defence Services, the Indian Railways and such other interest as, in the opinion of the Central Government, ought to be represented on the Board. It also provides that not more than 12 persons are to be elected by such State or local bodies representing commercial, shipping or local interests as the Central Government may from time to time specify.

It is surprising that in the composition of the Board of Trustees for a major port, no specific provision is made for non-omclal central interests. It is difficult to understand why, when States and local bodies have been given representation on the Board, an important section of the Central Government has been omitted altogether- Moreover, in spite of the fact that major ports are a central subject and are financed, partially or totally by the Central Government, no representation is provided for Parliament. As is well known, major ports provide for a very large proportion of the foreign trade of the country involving, from time to time, major international issues. Further, the efficiency of the port as a means of growth of internatio- nal trade, comprising particularly the export trade of the country, necessitates that the legislative wing of the Central Administration should be adequately represented on the Board. It is, therefore, suggested that provision should- be made for two members from Lok Sabha and one from Rajya Sabha to represent Parliament on the Board.

The Bill has also departed from the principle embodied in the existing Port Trust Acts of Bombay, Calcutta and Madras of speci- fically providing for two representatives of labour to be included in the Board of Trustees. The present Bill, in clause 3 (1) (c), does away with this minimum assured representation of labour, and leaves tht whole question entirely at the discretion of the Central Government. Thus, in any future Board of Trustees oi a major port, labour may

have only one representative or, conceivably, none at all. This is an undesirable state of affairs, particularly in view of the reality that—

(a) the major ports, together with their labour force, are expected to expand rapidly;

(b) in every port, there are generally several registered trade unions, and more than one of them can claim to have a representative character; and

(c) it is the policy of the existing Port Trusts to grant recog- nition to more than one union in each port.

The practical experience of Calcutta, Bombay and Madras demon- strates that, because of the above-stated realities, even the existing provision in their Acts for two representatives of labour is often inadequate to meet the requirements of the situation and only stimu- lates unhealthy inter-union rivalries leading to labour unrest.

Hence, even assuming that the ports of Cochin, Visakhapatnam and Kandla at present employ fewer workers than are employed at the older major ports, we strongly feel that the present Bill should specillcally provide for not less than two representatives of labour to be nominated on each Board of Trustees. There is no justification for leaving a loophole whereby labour's quota is encroachable upon by "othe,r interests".

It is a pity that the Select Committee could not visit any of the ports for on-the-spot study of the problems faced by the Port Trusts in their functioning.

NEW DELHI; RAGHUNATH SINGH

The 13th August, 1963.

INDRAJIT GUPTA.

BUI No. i i 4 A of 1962

THE MAJOR PORT TRUSTS BILL, 1962

(AS REPORTED BY THE SELECT COMMITTEE)

(Words underlined or sidelined indicate the amendments suggested

by the Committee; asterisks indicate omissions)

A

BILL

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. (/) This Act may bo called the Major Port Trusts Act, 1963. :

Short title,

commence*

ment and

(2) It shall come into force on such date as the Central Govern-'

pplicatlon,

ment 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 10 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.

FtSnition*.

2- In this Act, unless the context otherwise requires,—- J 15 (a) "appointed day", in relation to a port, means tha date on which this Act i3 made applicable to that port;

433 G of I Ex.—2

(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 3

Customs Act, 1962;

53 of 196%.

(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 io docks, graving blocks, inclined planes, slipways, gridirons, moor- ings, 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;

IS

(g) "foreshore", in relation to a port, means the area bet- ween the high-water mark and the low-water mark relating to that port;

property; — — — ——

(h) "goods" includes livestock and every kind of movable ^Q

(i) "high-water mark", in relation to a port, means a lino drawn through the highest points reached by ordinary spring- tides at any season of the year at the port;

15 of 1908.

(j) "Indian Ports Act" means the Indian Ports Act, 1908; (k) "land" includes the bed of the sea or river below high- ²5 water mark, and also things attached to the earth or permanent- ly fastened to anything attached to the earth;

(I) "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; 3°

(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 35 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 un- loading of such goods; and (n) in relation to any vessel or any 40 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 work* connected therewith;

(q) "port" means any major port to which this Act applied 5 within such limits as may, from time to time, be denned 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 denned by the Central Government under the provisions of the Indian Ports Act;

10 (r) "port approaches", in relation to a port, means thoia 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 15 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;

20 (w) "public securities" means—

(i) promissory notes, debentures, stock ©r otker securities of the Central Government or of any State Gov- ernment:

• Provided that securities, both the principal whereof and 25 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 Gov- ernment;

(ii) debentures or other securities for money issued by 30 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;

35 (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, 5 or for the embarkation or disembarkation of passengers and any wall enclosing or adjoining the same.

CHAPTER n

BOARD OF TRUSTEES AND COMMITTEES THEREOF

3. (7) With effect from such date as may be specified by notiflca- 10 Constitution of Board of Truncct.

tion in the Official Gazette, the Central Government shall cause to b" 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; te

(b) a Deputy Chairman, if the Central Government deems fit to appoint one;

(c) not more than ten persons to be appointed by the Central Government from amongst persons who are in its opinion capable of representing—

20

(i) labour employed in the port;

(ii) the Mercantile Marine Department; (Hi) the Customs Department; (iv) the Government of the State in which the port is situated;

2,

(u) 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 30 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.

(d) not more than twelve persons to be elected by such State or local bodies representing commercial, shipping or local 35 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 nolincatiun issued under clause (d) of sub-section (7) may also specify the number of Trustees that each of the bodies 5 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 Lo time, be speci- fied by the Central Government.

(5) The chief executive authority of every electing body shall 10 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,

First Board Of Trustees, 4. (1) Notwithstanding anything contained in section 3, the 15 Central Government may, by notification in the Official Gazette, constitute in respect of any in a j or 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 20 to appoint one; and

(c) such number of other Trustees, not exceeding twenty- two, as that Government may deem expedient, to be appointed by that Government from amongst persons who are in its opinion capable of representing,—

2- (i) labour employed In the port;

(ii) Government of the State in which the port is sltuat- ed;

(in) Government departments specified in sub-clauses (ii), (iii), (v) and (vi) of clause (c) of sub-section (1) 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 3, the pleasure of the Central Government.

(3) On the constitution of the Board under section 3, the first

Board to be 5. Every Board constituted under this Act shall be a body corpo- body cor- rate 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.

>

DisquaM- 6- A person shall be disqualified fof being chosen as a Trustee, it cation for v.e office of

f u s t e e' (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, I0 involves moral turpitude; or

(b) is an undischarged insolvent; of

(c) holds any office of profit under the Board:

Provided that this disqualification shall not apply to the Chairman or Deputy Chairman;

X5 (d) has, directly or indirectly, any share or interest in any work done by order of the Board, or in any contract or employ- ment, 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 2o 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 25 any advertisement relating to the affairs of the Board may be inserted, or

(in) being interested in any loan of money to the Board, or

(iu) having a share or interest in any lease, sale, ex- 30 change or purchase of immovable property or any agree- ment 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. (I) The Chairman and the Deputy Chairman shall hold office during the pleasure of the Central Government.

Term of office of Trunteas.

(2) Subject to the provisions of this Act,—

(a) every person elected or appointed by name to be a 5 Trustee shall hold office to which he is elected or so appointed, lor 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 repre- •ent any body of persons shall come to an end as soon as he ¹⁰ 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.

15 8. (1) The Central Government shall remove a Trustee if he— Vacation of office of Trust"es, (a) becomes subject to any of the disqualifications mention- ed in section 8; or

(b) refuses to act or becomes incapable of acting; or

(c) is, without the permission of the Board previously 20 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.

25 (2) A Trustee may resign his office by giving notice in writing to the Chairman who shall forward the same to the Central Govern- ment, and on such resignation being accepted by that Government he shall be deemed to have vacated his office.

9. Any person ceasing to be a Trustee shall, unless disqualified 30 under section 6, be eligible for re-appointment or re-election.

Eligibility of Trustee for re-appoint- ment or re-election,

Filling of vacancies office of Trustee.

10. (I) In the case of a vacancy in the office of a Trustee appoint- ed 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 occur- 5 rence 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 previsions of section 8, such vacancy shall be filled within one month of the occurrence thereof by appointment io 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 if such vacancy had not occurred:

Provided further that no such casual vacancy occurring within 15

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.

Saving pro- vision for appointment of Trustee by Central Government after pre- scribed period.

11. 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 20 the expiration of the period specified in section 10, if for any r-jason it has not been possible for the Central Government to make the appointment within the said period.

12. (1) If the Central Government is satisfied that an electing body has failed to elect a Trustee within the period specified therefor ²5 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.

Power of Central Government to extend time for election or appoint Trustee a in default of election.

(2) In the event of default being made in electing any Trustee 30

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 (2), it shall be lawful for the Central Government to appoint a person by notifica- tion in the Official Gazette, and the person so appointed shall be 35 deemed to be- an elective Trustee.

13. 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 Term of office in case of certain Trasstees.

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 5 under * * * * section 10, or, as the case may be, under sub-section (4) of section 3.

Ab"enc" of Chairman and Deputy 'Chairman.

14. 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 10 of his appointment, or is sent on deputation outside India for any of the purposes of this Act, the Central Government may appoint an- other 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 15 "o directs and subject to such conditions and restrictions a3 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 ae he may deem necessary, and the Chairman or Deputy Chairman while exercising 20 such powers and performing such duties shall be deemed to be a Trustee notwithstanding anything to the contrary contained in this Act.

15. The Chairman and the Deputy Chairman shall be paid such salary and be governed by such terms and conditions of service as ²5 may, from time to time, be determined by the Central Government.

Conditions of servi"o of Chairman and Deputy Chainr"n.

Meetings of Board.

16. (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.

30 (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 35 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 meet- ing.

433 G of I Ex.—3

Committees of Board.

17. (I) 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 com- mittees by the Board.

5

(2) A committee constituted under this section shall meet at such times and at such places and shall observe such rules of pro- cedure in regard to the transaction of business at its meetings (in- cluding the quorum) as may be provided by regulations made under thia Act.

i°

18. The Trustees shall be paid by the Board such fees and allow- Fees "nd allowance 8 payable to Trustees.

ances for attending the meetings of the Board or of any of its com- mittees 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 15

Chairman or any other Trustee who is a servant of the Government.

Restriction of power of Trustees to yote in certain canes.

19. 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 ²° 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.

it of 1926.

20- No act or proceeding of a Board or of any of its committees

shall be invalid merely by reason of—

25

(a) any vacancy therein or any defect in the constitution Defects in appoint- ments or election not to invalidate acts, etc.

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 proceed- 30

ings in contravention of section 19, or

(d) any irregularity in its procedure not affecting the merits

of the case.

21. A Board may, with the approval of the Central Government Delegation of powers.

specify—

35

(a) the powers and duties conferred or imposed upon th^ Board by or under this Act, which may also be exercised or

(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 5 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 (6) shall be exercised and performed by him subject to the supervision and control of the Chairman.

Duties of Chairman and Deputy Chairman.

ic 22. (1) It shall be the duly 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 15 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

20 of the Board.

CHAPTER III

STAFF OF THE BOARD

Schedult of Board's staff.

23. A Board shall, from time to time, prepare and sanction a Schedule of the employees of the Board whom it deems necessary 25 and proper to maintain lor the purposes of this Act and such Sche- dule shall indicate therein the designations and grades of employees and the salaries, fees and allowances which are proposed to be paid to them.

24. (i) Subject to the provisions of the Schedule for the time 30 being in force sanctioned by a Board under section 23, the power of

Power to make appoint- ment!.

appointing any person to any post, whether temporary or perma-

nent, 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

35 Central Government after consultation with the Chairman;

(b) in the case of * * * * * a post [other than a post referred to in clause (a)] the maxi- mum of the pay-scale for which (exclusive of allowances) "x- cetds such amount as the Central Government may, from time

to time, fix in this behalf, and where no such amount hae been fixed, is trot 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: """"" 5

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 th" 10 incumbent of which shall, for the purposes of this Act, be regarded as the Head of a department.

Pow" to promota, grant lcave; etc., to employtes of Boafd.

25. (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 15 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—

(a) in the case of a Head of a department or in th" case 20 of an employee holding a post referred to in clause (b) of subjection (1) of section 24, by the Board;

(b) in any other case, by such authority as may be pres- cribed by regulations:

Provided that no such order, so far as the same involves 25 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 depart- ment) aggrieved by an order involving his reduction in rank, re- 30 moval 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 th" Board, wher" such order is passed by the Chair- 35 man;

(c) to the Chairman, in any other case:

Provided that where the person who passed the order be- comes, by virtue of his subsequent appointment as the Chair- man, the appellate authority in respect of the appeal'against 5 the order, such person shall forward the appeal to the Board and the Board in relation to thfet appeal shall be deemed to be the appellate authority for the purposes of this section.

Consulting E^iginctr to Bowd.

26. A Board may appoint any person as Consulting Engineer to the Board otherwise than on the basis of payment of a monthly 10 salary, but every such appointment shall be subject to the sanction

of the Central Government.

27. Notwithstanding anything contained in section 23, no post other than a poat referred to in clause (c) of sub-section (1) of sec- tion 24 shall be created except with the sanction of the Central

15 Government.

Sanction of Central Government necessary in case of crea- tion of cortain posts.

28. A Board may make regulations, not inconsistent with this Act,

to provide for any one or more of the following matters, namely:—

Power to make regu- lations.

(a) the appointment, promotion, suspension, removal and

dismissal of its employees;

20 (b) their leave, leave allowances, pensions, gratuities, com- passionate allowances and travelling allowances and the estab- lishment and maintenance of a Provident Fund or any other fund for their welfare;

(c) the terms and conditions of service of persons who be- 25 come employees of the Board under clause (f) of sub-section

(1) of section 29;

(d) the time and manner in which appeals may be prefer- red under sub-section (2) of section 25 and the procedure for deciding such appeals;

30 (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

35 29. (1) As from the appointed day in relation to any port— Transfer of assets and hahiliti"s of Central Govern- ment, etc., to Board.

(a) all property, assets and funds vested in the Central Gov- ernment 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 con- tracts entered into and all matters and things engaged to bo don*, 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 5 hav" been incurred, enteaed into and engaged to be don" 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 th" purposes of the port up to such day and declared to be capi- 10 tal 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 du" to the Central Government or, as the case may be, th" other j* authority in relation to the port immediately before such day shall b" 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 b", the other authority immediately before such day for any 20 matter in relation to the port may ba 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 25 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 termi- 30 nated 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 con- ditions of service of any such employee shall not be altered to his disadvantaga without the previous sanction of the Central 35 Government.

14 of 194?.

(2) Notwithstanding anything contained in the Industrial Dis- putes Act, 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 4° that Act or other law, and no such claim shall be entertained by any Court, Tribunal or other authority.

Existing rutes, etc., to continue until altered by Board.

30. As from the appointed day, all rates, fees and other charges in relation to eny 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 5 were being levied and collected by the Central Government or, as the case may be, any other authority immediately before such day.

Repayment of capital wuh inte- rest.

31. 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 ¹⁹ 29 with interest at such rate as may be fixed by that Government and such repayment of capital or payment of interest shall be deem- ed to be part of the expenditure of the Board.

1 of J894.

Proaedure when immovable property c"nnot be acquired by agreement.

32. Whenever any immovable property which ii required for the purposes of the Board cannot be acquired by agreement, tha Central X5 Government may, at the request of the Board, procure the acquisi- tion thereof under the provisions of the Land Acquisition Act, 1804, and on payment by the Board of the compensation awarded under that Act and of the charges incurred by the Government in connec- tion with the proceedings, the land shall vast in the Board.

Contracts by B*ard.

²⁰ 33. Subject to the provisions of section 34, a Board shall be com- petent to enter into and perform any contract necessary for the performance of its functions under this Act-

34. (1) Every contract shall, on behalf of a Board, be made by the

Chairman and shall be sealed with the common aeal of the Board:

Mode of executing contract! o" behalf "f Board.

25 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 *ale of 30 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.

35 (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 snch as may be prescribed by regulations made in this behalf.

(3) No contract which is not made in accordance with the pro- visions of this Act and the regulations made thereunder shall be

40 binding on the Board.

CHAPTER V

WORKS AND SERVICES TO BE PROVIDED AT POUTS

35. (1) A Board may execute such works within or without the limits of the port and provide such appliances as it may deem neces- sary or expedient.

5 Power of Board to execute works and provide appliance!,

(2) Such works and appliances may include—

(\a) wharves, quays, docka, 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, railway*, bridges, I⁰ tunnels and approaches and buildings required for the residence of the employees of the Boardl as the Board may consider necewary;

(b) buses, railways, locomotives, rolling stock, sheds, hotel*, warehouses and other accommodation for passengers and goeds l5 and other appliances for carrying passengers and for conveying, receiving and storing goods landed, or to be shipped or other- wise;

(c) moorings and cranes, scales and all other necessary means and appliances for loading and unloading vessels; 20

(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 thia Act, or otherwise for the purposes of this Act;

(e) such breakwaters and] other works as may be expedient ²5 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, b&acons, buoys, pilot boats and 5° other appliances necessary fpr 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 35 assistance to any vessel, whether entering or leaving the port or bound elsewhere, and foV 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 Ihe port;

(j) engines and other appliances necessary for the extin- 5 guishing of fires.

Power of Hoard to undertake certain works.

36. 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,

Power if Board to order oen-going vessels to use docks, wfi:)r- ve"j etc. 10 37. (1) When any dock, berth, wharf, quay, stage, jetty or pier erected at any port ox port approaches under the provisions of this Act has been completed with sufficient warehouses, sheds and appli- ances for receiving, landing or shipping goods or passengers from and upon sea-going vessels, the Board may, after obtaining the 15 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, j"tty or pier is ready for receiving, landing and shipping or for landing or for shipping goods or passen- gers from and upon sea-going vessels.

20 (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 ³5 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, ox 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 re- 3° gard, 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 35 require the conservator of the port, or other person exercising the rights, powers, and authorities of the conservator of the port, to make¹ such order.

433 G of I Ex.—t

If accommo- dation suffi- cient, all aea-going vessels com- pelled to use docks, wharves, etc,

10 38. 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 5 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.

Power to order .vessels not to come alongside of, or to be removed ffora, docks, wharves, etc.

39. 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 belong- *5 ing 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, c !>ortion of such day, during which such vessel remains at such dock, berth, wharf, quay, stage, jetty or pier: 20

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.

4(h Notwithstanding anything contained in sections 37 and 38, the ²5 Power of Central Government to ex;:npt from obliga- tion to use docks, whar- ves, etc.

Central Government may, if in its opinion it is necessary in the pub- lic 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 por¹. or within the port approaches, in such manner, during such 3° period and subject to such payments xo the Board and on such condi- tions a3 the Central Government may think fit.

41. (1) When any dock, berth, wharf, quay, stage, jetty or pier for receive ft, landing or shipment of goods or passengers from or upon vessels, not being sea-going vessels, has been made and! com- 35 pleted with all proper appliances in that behalf, the Board may, after obtaining the approval of the Collector of Customs, by order pub- lished in three consecutive issues of the Official Gazette,—

Board to declare when vessel* other than sea-going vessels compelled to use docks, wharves, etc.

(!) declare that such dock, berth, wharf, quay, stage, jetty or pier is ready for receiving, landing or shipment of goods or 4° 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, 5 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 10 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, Z5 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. (1) A Board shall have power to undertake * • * the ;

20 following services: —

Performance rf services by Bogrd ot Dthor person.

(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 25 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 restric- tions and conditions as the Central Government may think fit to impose; and

j0 (d) receiving and delivering, transporting and booking and despatching goods originating in the vessels in the port and in- tended 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 35 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 40 sub-section (1) on such terms and conditions as may be agreed upon.

(4) No person authorised under Bub-seetoon (3) shall charge or recover for auch service any sum in exc&ss of the amount leviable according to the scale framed under section 48 or section 49 or sec- tion 50.

(5) Any such person shall, if so required by the owner, perform 5 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, destruc- tion or deterioration of goods of which he haa taken charge shall, 10 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 187a.

(7) After any goods have been taken charge of and a receipt given forUiem under this section, no liability for any losa or damage which may occur to them shall attach to any person to whom a receipt has 15 been given or to the master or owner of the vessel from which the goods have been landed or transhipped.

43. (1) Subject to the provisions of this Act, the responsibility of any Board for the loss, destruction or deterioration of goods of which

20 f it haa taken charge shall,—

Responsibi- lity of Board for loss, etc., of goods.

(i) in the case of goods received for carriage by railway, be governed by the provisions of the Indian Railways Act, 1890; and 9 of 1890,

9 of 187J.

(it) in other coses, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872, omitting the words "in the absence of any special contract" in section 152 of that Act: 25

Provided that no responsibility under this section shall attach to the Board until, a receipt mentioned in subnsection (2) of section 42 is given by the Board.

(2) A Board shall not be in any way responsible for the loss, des- truction or deterioration of, or damage to, goods of which it has taken 30 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 eub-section (2) of section 42.

44. Where the Collector of Customs has, under the provisions of 35 Accommo- dation to be provided for customs officers in

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 duti- 4° able goods on the first importation thereof without payment of duty, etc., ap- pointed under Customs Act.

SEC, 2] fati GA&tfTE Of INDIA UXTClAOft&lNAffr 513

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, ox in such warehouse or shed or portion thereof, for the use of officers of customs as may be necessary.

Dues at customs wharves, etc. 5 45. 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 10 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. (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 15 of the Board and subject to such conditions, if any, as the Board may

specify.

Power 10 permit erec- tion of private wharves, etc., within a port sub- ject to con- dition!.

(2) If any person makes, erects or fixes any wharf, dock, quay, stage, jetty, pier, erection or mooring in contravention of sub-section (I), the Board may, by notice, require such person to remove it 20 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. (i) Where, as a result of an order published under section 38 or section 41, the use of any wharf, dock, berth, quay, stage, jetty

Compensa- tion pay- able in cer- tain cases where use of any private wharf, etc., render- ed unlawful.

25 or pier, * * * * made, fixed or erected by any person is ren- dered 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 30 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 elaim compensation for any injury, damage or loss caused or alleged to have been caused by an order made under

35 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, * • * * w as made, fixed or erected by any person with the previous permission of the authority competent to grant such permission, he shall be 4C paid by the Board Compensation the amount of which shall be

determined in the manner and in accordance with the principles nere- inafter set out, that is to say—

(a) in computing tne 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, 5 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; * * * ~ ~ ^ ^ ~ ^ ^~ 10 (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 15 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 20 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 ar- bitrator, the Board and the person to be compensated shall 25 State what in their respective opinion is a fair amount of com- pensation;

(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 30 such compensation shall be paid;

(h) where there is a dispute as to the person or pejsons 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 35 thereof among such persons;

10 of 1940.

(i) nothing in the Arbitration Act, 1940 shall apply to ar- bitrations under this section;

0) the arbitrator appointed under this section, while hold- Ing arbitration proceedings under this Act, shall have all the ^c powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, name- <

5 of 1908.

l y :-

(i) summoning and enforcing the attendance of any person and examining him on oath; 45

(ii) requiring the discovery and production of docu- ments;

(Hi) receiving evidence on affidavits; (iv) issuing commissions for examination of witnesses 5 or documents;

(k) every award shall also state the amount of costs incur- red in the arbitration proceedings under this section and by what persons and in what proportions they are to be paid;

(I) any person aggrieved by an award of the arbitrator io made"imder this section may, within thirty days from the data 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 r5 that the appellant was prevented by sufficient cause from filing the appeal in time.

CHAPTER VI

IMPOSITION AND RECOVERY OF HATES AT PORTS

Scale* of rates for services per- formed by Board or other person.

48. (1) Every Board shall from time to time frame a scale of ²⁰ 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 ² 5 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 3o port or port approaches;

(c) cranage or porterage of goods on any such place; (d) wharfage, storage or demurrage of goods on any such place;

(c) any other service in respect of vessels, passengers or 35 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.