Subject NOT available

(b) receiving, removing, shifting, transporting, storing or %$ delivering goods brought within the Board's premises;

(c) carrying passengers by rail or by other means within the limits of the port or port approaches, subject to such restric- tions and conditions as the Central Government may think fit to impose; and

V of 1890,

30 (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.

(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 bo agreed upon.

(4) No person authorised under sub-section (3) shall charge or recover for such service any sum in excess oi the amount leviable according to the scale framed under section 4b 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 lor that purpose take charge of the goods and give a receipt in such form as the Board may specify.

9 of iS-jz.

(6) The responsibility of any such person for the loss, destruc- tion or deterioration of goods of which he has 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.

(7) After any goods have been taken charge of and a receipt given for them under this section, no liability for any loss or damage which may occur to them shall attach to any person to whom a receipt has 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 it has taken charge shall,—

20 Responsibi- lity of Board for loss, etc., of good*.,

9 of 1890.

(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 1872.

(ii) in other cases, 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 sub-section (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 3" 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 djate of the receipt given for the goods under sub-section (2) of section 42.

44- Where the Collector of Customs has, under the provisions of 35 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- o able goods on the first impOTTation thereof without payment of duty, Accommo- dation to be provided for customs officer* la wharve*, etc., ap- pointed under Cuftoms Act.

within the meaning of the first-mentioned Act, the Board shall set apart and maintain such place on or adjoining such dock, wharf, quay, stage, jetty or pier, or in such warehouse or shed or portion thereof, for the use of officers of customs as may be necessary.

Dues at zustoms wharves, :tc.

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 therein, ro 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 to permit erec- tion of private wharveij etc., within a port sub- ject to con- ditions.

(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 peiraon fails so to remove it, the Board may cause it to be removed at the expense of that person.

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

47. (1) Where, as a result of an order published under section 38 or section 41, the use of any wharf, dock, berth, quay, stage, jetty 25 or pier, made, fixed or erected by any person is rendered unlawful, the Board may, after hearing the person concerned, by order, close, remove, fill up or destroy such wharf, dock, berth, quay, stage, jetty or pier, or permit the use thereof to such person on payment of such rates and charges as the Board may, with the previous sanction of the

30 Central Government, determine.

(2) Save as otherwise provided under sub-section (3) no person shall be entitled to claim compensation for any injury, damage or loss caused or alleged to have been caused by an order made under sub-section (J).

35 (3) If it is proved to the satisfaction of the Board that anj such wharf, dock, berth, quay, stage, jetty or pier, was made, fixed or erected by any person with the previous permission of the authoritj competent to grant such permission, he shall be paid by the Boarc compensation the amount of which shall be determined in the mannw

and In accordance wi.h the principles hereinafter gat out, tnui is to " a y-

(a) in computing the compensation, there shall not be taken into account any rate3 or other charges which such person ehall be liable to pay for using any wharf, dock, berth, quay, : Btage, jetty or pier provided by the Board;

(b) the amount of compensation shall be calculated with reference to the coat of construction of 3uch wharf, dock, berth, quay, stage, jetty or pier;

(c) where the amount of compensation can be fixed by *;

agreement, it shall be paid in accordance with such agreement; (d) where no such agreement can be reached, the Central Government shall appoint as arbitrator, a person who is, or has been^ or la qualified for appointment as, a Judge of a High Cour:;

13

(c) 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 determming any question wnich has to be decided by him under this section, and where such nomination is made the person to '& be compensated may also nominate an assessor for the same purpose;

(f) at the commencement of the proceeding before the ar- bitrator, the Board and the person to be compensated shall state what in their respective opinion is a fair amount of com- ²5 psnsaUun;

(g) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persons to whom such compensation shall be paid; 3*> (h) where there is a dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof among such persons;

35

10 of

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

5 of i

(j) the arbitrator appointed under this section, while hold- ing arbitration proceedings under this Act, shall have all the powers of a Civil Court while trying a suit under the Code of 40 Civil Procedure, 1908 in respect of the following matters, name- l y :-

(1) summoning and enforcing the attendance ot any person and examining him on oath;

(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 porson aggrieved by an award of the arbitrator Io made under this section may, within thirty days from the date of the award, prefer an appeal to the High Court within whose jurisdiction the port is situated:

Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied TJ that the appellant was prevented by sufficient cause from filing the appeal in time.

CHAPTER VI

IMPOSITION AND RECOVERY OF RATES AT PORTS

s 48. (1) Every Board shall from time to time frame a scale of xo 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—

r s fortrei by BeTd or other person.

(a) transhipping of passengers or goods between vessels In ²5 the port or port approaches;

(b) landing and shipping of passengers or goods from or to such vessels to or from any wharf, quay, jc-tty, pier, dock, berth, mooring, stnge or erection, land or building in the possession of occupation of the Board or at any place within the limits of the 3° port or port approaches;

(c) cranage or porterage of goods on any such place;

(d) wharfage, storage or demurrage of goods on any wch place;

(e) any othsr 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.

49. (!) Every Board shall, from time to time, also frame a scale of rates on payment of which, and a statement of conditions under which, any property belonging to, or in the possession or occupation of, the Board, or any place within the limits of the port or the port approaches may be used for the purposes specified hereunder: — 5 Scale of rate* and itatement of conditions for use of property be- longing to Board.

(a) approaching or lying at or alongside any buoy, moor- ing, wharf, quay, pier, dock, land, building or place as afore- said by vessels;

(b) entering upon or plying for hire at or -on any whart,

quay, pier, dock, land, building, road, bridge or place as afore- io said by animals or vehicles carrying passengers or goods;

(c) leasing o£ land or sheds by owners of goods imported

or intended for export or by steamer agents;

(d) any other use of any land, building, works, vessels or

appliances belonging to or provided by the Board. *5

(2) Different scales and conditions may be framed for different

classes of goods and vessels.

Consolidated *ate" for combination (ft wrvtcei.

50. A Board may, from time to time, frame a consolidated scale of rate.s for any combination of the services specified in section 48 or for any combination of such service or services with any user ²⁰ pr permission to use any property belonging to or in the possession or occupation of the Board, as specified In section 49.

51. In framing scales under any of the foregoing provisions of this

Chapter, the Board may prescribe a lower rate In respect of>—

Powwto Itvycon- CMilonal rttet ia

(a) coastal goods, that is to say, goods, other than imported %5

ja of 19O2.

goods as denned in the Customs Act, 1962, carried in a vessel from one Indian port to another Indian port:

Provided that the Board shall not make any discrimination between one Indian port and another such port in prescribing a lower rate under this section;

30

(b) other goods, in special cases.

52. Every scale of rates and every statement of conditions framed by a Board under the foregoing provisions of this Chapter shall be submitted to the Central Government for sanction and shall have effect when so sanctioned and published by the Board in the Official 35 Gazette.

Prior sanc- tion of Central Government to rate* and condition*.

Exemption fronij and remission of, races or charges.

53. A Board may, m special cases and for reasons to be recorded in writing, exempt either wholly or partially any goods or vessels or class of goods or vessels from the payment of any rate or of any charge leviable in respect thereof according to any scale in force 5 under this Act or remit the whole or any portion of such rate or

charge so levied.

54. (1) Whenever the Central Government considers it necessary in the public interest so to do, it may, by order in writing together with a statement of reasons therefor, direct any Board to cancel 10 any of the scales in force or modify the same, within such period

Power of Central Government to require modification or cancella- tion of rates.

as that Government may specify in the order.

(2) If any Board against whom a direction Is made under sub- section (1) fails or neglects to comply with such direction within the specified period, the Central Government may cancel any of such

15 scales or make such modifications therein as it may think fit:

Provided that before so cancelling or modifying any scale the Central Government shall consider any objection or suggestion which may be made by the Board during the specified period.

(3) When in pursuance of this section any of the scales has been 20 cancelled or modified, such cancellation or modification shall be published by the Central Government in the Official Gazette and shall thereupon have effect accordingly.

refund cf overcharges 55. No person shall be entitled to a refund of an overcharge made by a Board unless his claim to the refund has been preferred in 25 writing by him or on his behalf to the Board within six months from the date of payment duly supported by all relevant documents:

Provided that a Board may of its own motion remit overcharges

made in its bills at any time.

Notice of payment of charges short-levied or errone- ously re- funded.

56. (I) When any Board is satisfied that any charge leviable 30 under this Chapter has been short-levied or erroneously refunded. it may issue a notice to the person who is liable to pay such charge or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice:

35 Provided that no such notice shall be issued after the-expiry of

two years,—

(a) when the charge is short-levied, from the date of the

payment of the charge;

(b) where a charge has been erroneously refunded, from

x> the date of the refund.

514 G of I EX.—5.

(2) The Board may, after considering the representation, if any, made by the person to whom notice is issued under sub-section (1), determine the amount due from such person and thereupon such person shall pay the amount so determined.

57. A Board shall not lease, farm, sell or alienate any power vest- 5 Board not to lease rates without sanction,

ed in it under this Act of levying rates without the prior sanction of the Central Government.

Time for payment of rates on goo is.

58. Rates in respect of goods to be landed shall be payable imme- diately on the landing of the goods and rates in respect of goods to be removed from the premises of a Board, or to be shipped for ex- 10 port, or to be transhipped, shall be payable before the goods are so removed or shipped or transhipped.

B^aM"* Hen for f ire*.

59. (1) For the amount of all rates leviable by a Board under this Act in respect of any goods, and for the rent due to the Board for any buildings, plinths, stacking areas, or other premises on or in which 15 any goods may have been placed, the Board shall have a lien on such goods, and may seize and detain the same until such rates and rents are fully paid.

(2) Such lien shall have priority over all other liens and claims, except for general average and for the ship-owner's lien upon the 20 said goods for freight and other charges where 6uch lien exists and has been preserved in the manner provided in sub-section (1) of section 60, and for money payable to the Central Government under any law for the time being in force.

60. (1) If the master or owner of any vessel or his agent, at or 25 Ship-owner'i lien for freight and other charges.

before the time of landing from such vessel any goods at any dock, wharf, quay, stage, jetty, berth, mooring or pier belonging to or in the occupation of a Board, gives to the Board a notice in writing that such goods are to remain subject to a lien for freight or other charges payable to the shipowner, to an amount to be mentioned in 30 such notice, such goods shall continue to be liable to such lien to such amount.

(2) The goods shall be retained in the custody of the Board at the risk and expense cf the owners of the goods until such lien is dis- charged as hereinafter mentioned; and godown or storage rent shall 35 be payable by the party entitled to such goods for the time during which they may be so retained.

(3) Upon the production before any officer appointed by the Board in that behalf of a document purporting to be a receipt for, or release from, the amount of such lien, executed by the person by ^o

whom or on whose behalf such notice has been given, the Board may- permit such goods to be removed without regard to such, lien, pro- vided that the Board shall have used reasonable care in respect to the authenticity of such document.

Sale of - goods after two months if rates or rent arc not paid or lien for freight li flut dis- charged.

5 61. (1) A Board may, after the expiry of two months from the time when any goods have passed into its custody, or in the case of animals and perishable or hazardous goods after the expiry of such shorter period not being less than twenty-four hours after the land- ing of the animals or goods as the Board may think fit, sell by public 10 auction such goods or so much thereof as, in the opinion of the Board, may be necessary—

(a) if any rates payable to the Board in respect of such goods have not been paid, or

(b) if any rent payable to the Board In respect of any place ij on or in which such goods have been stored has not been paid, or

(c) if any lien of any shipowner for freight or other charges of which notice has been given has not been discharged and if the person claiming such lien for freight or other charges has 20 made to the Board an application for such sale.

(2) Before making such sale, the Board shall give ten days' notice of the same by publication thereof in the Official Gazette and also in at least one of the principal local dally newspapers:

Provided that in the case of animals and perishable or hazardous 25 goods, the Board may give such shorter notice and in such manner as, in the opinion of the Board, the urgency of the case admits of.

(3) If the address of the owner of the goods has been stated on the manifest of the goods or in any of the documents which have come into the hands of the Board, or is otherwise known, notice shall 30 also be given to him by letter delivered at such address, or sent by post, but the title of a bona fide purchaser of such goods shall not be invalidated by reason of the omission to send such notice, nor shall any such purchaser be bound to Inquire whether such notice has been sent.

35 (4) Notwithstanding anything contained in this section, arms and ammunition and controlled goods may be sold at such time and in such manner as the Central Government may direct.

Explanation.—In this section and section 62—

(a) "arms and ammunition" have the meanings respectively 34 of 195 9. 40 assigned to them In the Arms Act, 1959;

(b) "controlled goods" means goods the price or disposal of which is regulated under any law for the time being in force,

Disposal of goods not removed from premise* of Board xyithin time limit.

62. (1) Notwithstanding anything contained in this Act, where any goods placed in the custody of the Board upon the landing there- of are not removed by the owner or other person entitled thereto 5 from the premises of the Board within one month from the date on which such goous were placed in their custody, the Board may, if the address of such owner or person is known, cause a notice to be served upon him by letter delivered at such address or sent by post, or if the notice cannot be so served upon him or his address is not JO known, cause a notice to be published in the Official Gazette and also in at least one of the principal local daily newspapers, requiring him to remove the goods forthwith and stating that in default of compliance therewith the goods are liable to be sold by public auc- tion:

15

Provided that where all the rates and charges payable under this Act in respect of any such goods have been paid, no notice of removal shall be so served or published under this sub-section unless two months have expired from the date on which the goods were placed in the custody of the Board.

20

(2) The notice referred to in sub-section (7) may also be served on the agents of tile vessel by which such goods were landed.

(3) If such owner or person does not comply with the requisition in the notice served upon him or published under sub-section (2), the Board may, at any time after the expiration of two months from 25 the date on which such goods were placed in its custody, sell the goods by public auction after giving notice of the sale in the manner specified In sub-sections (2) and (3) of section 61.

(?) Notwithstanding anything contained in sub-section (1) or sub-section (3)—

, 30 (a) the Board may, in the case of animals and perishable or hazardous goods, give notice of removal of such goods although the period of one month or, as the case may be, of two months specified in sub-section (1) has not expired or give such shorter notice of sale and in such manner as, in the opinion of the Board, 35 the urgency of the case requires;

(b) arms and ammunition and controlled goods may be sold in accordance with the provisions of sub-section (4) of section 61.

(5) The Central Government may, if it deems necessary so to do 40 in the public interest, by notification in the Official Gazette, exempt any goods or classes of goods from the operation of this section.

63. (1) The proceeds of every sale under section 61 or section 62 shall be applied in the following order—

Application of sale pro- cseds.

(a) in payment of the expenses of the sale;

(b) in payment, according to their respective priorities, of 5 the liens and claims excepted in sub-section (2) of section 58 from the prioiity of the lien of the Board;

(c) in payment of the rates and expenses of landing, re- moving, storing or warehousing the same, and of all other charges due to the Board in respect thereof;

I0 (2) The surplus, if any, shall be paid on demand to the importer,

owner or consignee of the goods, or to his agents.

Reci/vsry of rates and charges by distraint of vessel.

64. (1) If the master of any vessel in respect of which any rates or penalties are payable under this Act, or under any regulations or orders made in pursuance thereof, refuses or neglects to pay the j^ same or any part thereof on demand, the Board may distrain or arrest such vessel and the tackle, apparel and furniture belonging thereto, or any part thereof, and detain the same until the amount "o due to the Board, together with such further amount as may accrue for any period during which the vessel is under distraint or

20 arrest, is paid.

(2) In case any part of the said rates or penalties, or of the cost of the distress or arrest, or of the keeping of the same, remains un- paid for the space of five days next after any such distress or arrest has been so made, the Board may cause the vessel or other thing so 25 distrained or arrested to be sold, and, with the proceeds of such sale, shall satisfy such rates or penalties and costs, including the costs of sale remaining unpaid, rendering the surplus (if any) to the master of such vessel on demand.

Grant of poll-clea- rance after payment of rates.

65. If a Board gives to the officer of the Central Government 30 whose duty it is to grant the port-clearance of any vessel at the port, a notice stating that an amount therein specified is due in respect of rates, fines, penalties or expenses chargeable under this Act or under any regulations or orders made in pursuance thereof, against such vessel, or by the owner or master of such vessel in respect thereof, ^c or against or in respect of any goods on board such vessel, such offi- cer shall not grant such port-clearance until the amount so charge- able or due has been paid.

CHAPTER VII

BORROWING POWERS OF BOARD

Power to raise loaus.

66. (1) A Board may, with the previous sanction of the Central Government and after due notification in the Official Gazette, raise loans for the purposes of this Act:

5

Provided that no such notification shall be necessary it a loan If obtained from the Central Government or a State Government.

(2) Loans may be raised by a Board in the open market on Port Trust securities issued by it or may be obtained from the Central Government or a State Government.

Io

(3) The terms of all loans shall be subject to the approval of the Central Government.

Port Truit securities.

67. (1) A Board may, with the sanction of the Central Govern- ment, prescribe the form in which Port Trust securities shall be issued by it and the mode in which, and the conditions subject to 15 which, they may be transferred.

(2) The holder of any Port Trust security in any form may ob- tain in exchange therefor, upon such terms as the Board may from time to time determine, a Port Trust security in any other form prescribed by regulations, .

20

(3) The right to sue in respect of moneys secured by Port Trust securities shall be exercisable by the holders thereof for the time being without preference in respect of priority of date.

68. (1) Notwithstanding anything contained in section 45 of the

9 of 1872.

Indian Contract Act, 1872—

25 Right of survivor* of joint or several payee* Of securities.

(a) when any Port Trust security is payable to two or more persons jointly, and either or any of them dies, the Port Trust security shall be payable to the survivor or survivors of those persons, and

(b) when any such security is payable to two or more per- 30 sons severally and either or any of them dies, the security shall be payable to the survivor or survivors of those persons, or to the representatives of the deceased, or to any of them.

(2) This aection shall apply whether such death occurred or occurs before or after the appointed day. 35

(3) Nothing herein contained shall affect any claim which any representative of a deceased person may have against the survivor

or survivors under or in respect of any security to which sub-section (1) applies.

2 of 1956.

1 of 1912.

(4) For the purposes of this section, a body incorporated or deemed to be incorporated under the Companies Act, 1956, or the Co- 5 operative Societies Act, 1912 or any other enactment for the time being in force, whether within or without India, shall be deemed to die when it is dissolved.

Power of one or two or more ) oint hojde to gran t re(.e;pl6.

69. Where two or more persons are joint holders of any Port Trust security, any one of those persons may give an effectual re- ¹⁰ ceipt fox any interest payable in respect nf such security unless no- tice to the contrary has been given to the Board by any other of the holders.

26 of 1881.

Indorse- ments to be made on sec- urity Itself.

70. Notwithstanding anything in section 15 of the Negotiable In- struments Act, 1881, no indorsement of a Port Trust security, which I5 is transferable by indorsement, shall be valid unless made by the signature of the holder Inscribed on the back of the security itself.

26 of 1881.

71. Notwithstanding anything in the Negotiable Instruments Act, 1881, a person shall not by reason only of his having indorsed any Port Trust security be liable to pay any money due, either as prin-

Indorscr of security not liable for amount thereof.

20 cipal or as interest, thereunder.

Impression of signature on sccuri- ciea.

72. (1) The signature of the person authorised to sign Port Trust securities on behalf of the Board may be printed, engraved or litho- graphed or impressed by such other mechanical process, as the Board may direct, on such securities.

25 (2) A signature so printed, engraved, lithographed or otherwise Impressed shall be as valid as if it had been inscribed in the proper handwriting of the person so authorised.

Issue o 1 duplicate securities.

73. (i) When any Port Trust security is alleged to have been lost, stolen or destroyed either wholly or in part, and a person claims 3° to be the person to whom but for the loss, theft or destruction It would be payable, he may, on application to the Board and on pro- ducing proof to its satisfaction of the loss, theft or destruction and of the justice of the claim and on payment of such fee, if any, as may be prescribed by regulations, obtain from the Board an order

35 for—

(a) the payment of interest in respect of the security said to be lost, stolen or destroyed, pending the issue of a duplicate security; and

(b) the issue of a duplicate security payable to the appli-

40 cant

(2) An order shall not be passed under sub-section (I) until after the issue by the Board of the prescribed notification of the loss, theft or destruction.

(3) A list of the securities in respect of which an order is passed under sub-section (7) shall be published in such manner as the Board 5 may prescribe.

(4) If at any time before the Board becomes discharged under the provisions of this Act from liability in respect of any security the whole of which is alleged to have been lost, stolen or destroyed, such security is found, any order passed in respect thereof under this ic section shall be cancelled.

Issue of con voted, etc., securities .

74. (1) A Board may, subject to such conditions as it may pres- cribe, on the application of a person claiming to be entitled to a Port Trust security or securities issued by it, on being satisfied of the justice of the claim and on delivery of the security or securities 15 receipted in such manner and on payment of such fee, if any, ay it may prescribe, convert, consolidate or sub-divide the security or securities, and issue to the applicant a new security or securities accordingly.

(2) The conversion, consolidation or sub-division referred to in 20 sub-section (i) may be into a security or securities of the same or different classes or of the same or different loans.

75. Notwithstanding anything contained in the Indian Limitation Act, 1908—

9 of 1908.

Discharge in cenain esses.

(i) on payment of the amount due on a Port Trust security 25 on or after the date on which payment becomes due, or

(ii) when a duplicate security has been issued under section 73, or

(iii) when a new security or securities has or have been issued upon conversion, consolidation or sub-division under 30 section 74,

the Board shall be discharged from all liability in respect of the security or securities so paid or in place of which a duplicate or new security or securities has or have been issued—

(a) in the case of payment—after the lapse of six years 35 from the date on which payment was due;

(b) in the case of a duplicate security—after the lapse of six years from the date of the publication under sub-section (3) of section 73 of the list in which the security is first mentioned or from the date of the last payment of interest on the original 40 security, whichever date is later;

(c) m the case 01 a new security issued upon conversion, consolidation or sub-division—after the lapse of six years from the date of the issue thereof.

76. A Board may, from time to time, make regulations to provide 5 for all or any of the following matters, namely:—

Power of Board to make regula- tions.

(a) the person, if any, authorised to sign, and the mode of affixing the corporate seal and of attestation of documents re- lating to Port Trust securities issued or to be issued by tne Board;

¹⁰ (b) the manner in which payment of Interest in respect cf such Port Trust securities is to be made, recorded and acknow- ledged;

(c) the circumstances and the manner in which such Port Trust securities may be renewed;

J5 (d) the circumstances in which such securities must be renewed before further payment of interest thereon can be claimed;

(e) the form in which such securities delivered for renewal, conversion, consolidation or sub-division are to be receipted;

20 (f) the proof which is to be produced by a person applying for duplicate securities;

(g) the form and manner of publication of the notification mentioned in sub-section (2) of section 73 and the manner of publication of the list mentioned in sub-section (3) of that 25 section;

(h) the nature and amount of Indemnity to be given by a person applying for the payment of interest on Port Trust securities alleged to have been wholly or partly lost, stolen or destroyed, or for the issue of duplicate Port Trust securities;

30 (i) the conditions subject to which Port Trust securities may be converted, consolidated or sub-divided;

(j) the amounts for which stock certificate may be issued;

(k) generally, all matters connected with the grant of duplicate, renewed, converted, consolidated and sub-divided se- 3$ curlties;

(Z) the fees to be paid in respect of the issue of duplicate securities and of the renewal, conversion, consolidation and Mlb- division of Port Trust securities;

(m) the fees t9 be levied in respect of the issue of stock 4° certificates.

514 G of I EX.—6.

I 77. All loans contracted by a Board under tins Act snail be raised : in India, and in Indian currency, unless the Central Government, by notification in the Official Gazette, otherwise directs.

Place "m

currency o

loan* raisct

by Board.

78. All loans raised by a Board under this Act shall be a first ¹ charge on—

5 Security fo; loanu takei out by Board

(o) the property vested, or which may hereafter during the currency of the loans become vested, in the Board other than any sum set apart by the Board as the sinking fund for the purpose of paying off any loan; and

(b) the rates leviable by the Board under this Act. io

Remedies o]

Govemmcni

in respect o

loans mad*

to Board*.

7fl. The Central Government or a State Government shall : have in respect of loans made by it to a Board, or of loans made to any other authority for the repayment of which the Board is legal- ly liable, the same remedies as holders of Port Trust securities issued by the Board; and such Government shall not be deemed to *5 possess any prior or greater rights in respect of such loans than holders of such Port Trust securities:

Provided that where the terms of any such loan made before the appointed day expressly provide that the loan shall have priority over all other leans in the matter of repayment by the Board, such io loan shall huve priority.

Power of

Board to

repay loam

before du"

daie.

80. A Board may, with the previous sanction of the Central Government, apply any sums, out of moneys which may come into its hands under the provisions of this Act and which can be so applied without prejudicing the security of the other holders of *5 Port Trust securities, in repaying to the Government any sum which may remain due to it in respect of the principal of any loan al- though the time fixed for the repayment of the same may not have arrived:

Provided that no such repayment shall be made of any sum 30 less than ten thousand rupees; and that, if such repayment is made, the amount of interest in each succeeding instalment shall be so adjusted as to represent exactly the interest due on the outstanding principal.

81. (1) In respect of every loan raised by a Board under this Act, 33 EawblUh- if tnt of unking fun I, which is not repayable before the expiration of one year from the date of the loan, the Board shall set apart half-yearly out of Its income as a sinking fund a sum sufficient to liquidate the loan with- in a period which shall not in any case, unless the previous con- sent of the Central Government ha3 been obtained, exceed thirty .0

years; but the maximum period shall not in any case exceed sixty years:

Provided that a sinking fund need not in the absence of any sti- pulation to that effect be established in the case of loans taken by 5 the Board from the Central Government or any State Government.

(2) Where any sinking fund has, before Ihe appointed day, been jsstablished by any authority in respect cf a loan raised by it for which loan the Board is liable under this Act, the sinking fund so established by that authority shall be deemed to have been estabHsh- 10 ed by the Board under this section.

Investment

and appllca

tion of lin-

king fund

82. (1) The sums so set apart by a Board under sub-section (1) ot section 81 and the sums forming part of any sinking fund referred to in sub-section (2) of that section shall be invested in public securities or in such other securities as the Central Government may approve T5 in this behalf, and shall be held in trust for the purposes of this Act by two Trustees, one being the Board and the other a person ap- pointed by the Central Government.

(2) A Board may apply the whole or any part of the sums accu- mulated in any sinking fund in or towards the discharge of the ²⁰ moneys for the repayment of which the fund has been established:

Provided that it pays into the fund in each year, and accumulates until the whole of the moneys borrowed are discharged, a sum equivalent to the interest which would have been produced by the sinking fund, or the part of the sinking fund so applied.

25 83; (1) A sinking fund established for the liquidation of any loan Examination of sinking ftind.

shall be subject to annual examination by such person as may be appointed by the Central Government in this behalf, and the person so appointed shall ascertain whether the cash and the current market value of the securities at the credit of the fund are actually 30 equal to the amount which would have been accumulated had in- vestments been regularly made and had the rate of interest as origi- nally estimated been obtained thereon.

(2) A Board shall pay forthwith into th? sinking fund any amount which the person appointed under sub-section (7) to conduct 35 the annual examination of the fund may certify to be deficient, unless the Central Government specifically sanctions a gradual read- justment.

(3) If the cash and the current market value of the securities at the credit of a sinking fund are in excess of the amount which 4° should be at its credit, the person appointed under sub-section (1)

shall certify the amount of this excess, and the Board may, with the previous sanction of the Central Government,—

(a) withdraw the whole or any part of the certified excess in which case the Trustees in whose names the sinking fund Is invested under sub-section (1) of section 82, shall forthwith 5 transfer securities of the requisite current market value, or cash and securities of the requisite current market value, to the 3oard, or

(b) reduce or discontinue the half-yearly contributions to (he sinking fund required under section 81, or 10

(c) adopt a combination of these measures.

84. Nothing contained in this Act shall be deemed to affect the ,

9 of I9t4j

power of the Board to raise loans under the Local Authorities Loans Act, 1914.

Power of Hoard to ratae loans on short- teTn bills.

85. Notwithstanding anything contained in this Act, a Board 15 Power of Board LO take temporary loans or overdrafts.

may borrow moneys by means of temporary overdraft or otherwise by pledging the securities held by the Board in its reserve funds or on the security of the fixed deposits of the Board in its banks:

Provided that such temporary overdrafts or other loans—

(a) shall not at any time have a longer currency than six 20

months; and

(b) shall not be taken, without the previous sanction of the

Central Government, if at any time in any year the amount of such overdrafts or other loans exceeds such amount not exceed- ing ten lakhs of rupees, as the Central Government may fix in 25 this behalf:

Provided further, that all moneys so borrowed by temporary overdrafts or otherwise shall be expended for the purposes of this Act.

86. Notwithstanding anything contained in this Act or any other 30

law for the time being in force, a Board may, with the previous sanction of the Central Government and on such terms and condi- tions as may be approved by that Government, raise for the pur- poses of this Act loans in any currency or currencies from the In-

\ ternational Bank for Reconstruction and Development or from any 35 Power of Board to borrow money from Interna- tional Bank for Recon- struction and Development or other foreign institutions.

other bank or institution in any country outside India; and no other provision of this Chapter shall apply to or in relation to any such loan unless the terms and conditions of the loan or the approval thereof by the Central Government otherwise provide.

CHAPTER VIII

REVENUE AND EXPENDITURE

87. All moneys received by or on behalf of a Board under the ( General ao coum of provisions of this Act, and all moneys received by it as the Conser- !

pjlt-

M Of I908.

5 vator of the port and of the port approaches or as the body appoint- ed under sub-section (1) of section 36 of the Indian Ports Act ex- cluding all fees and all fines and penalties creditable to the pilotage account of the port under sub-section (5a) of that section, shall be credited to a fund called the genera] account of the port.

Application of moneys in general account.

10 88. (I) The moneys credited to the general account, under, section 87, shall, subject to the provisions of section 89 of this Act and of section 36 of the Indian Ports Act, be applied by the Board 1 in payment of the following charges, namely: —

(a) the interest and instalments of principal due in res- 15 pect of any loan that may have been raised or obtained by the Board or for the repayment of which the Board may be liable, and payments to the sinking fund established for such loan;

(b) the salaries, fees, allowances, pensions, gratuities, com- passionate allowances or other moneys due to—

20 (i) the Chairman, Deputy Chairman and other Trus- tees;

(it) the employees of the Board; and

(in) the surviving relatives, if any, of such employees;

(c) the contributions, if any, payable to the Central Gov- 33 ernment or any State Government on account of the pension and leave allowance of any officer lent to the Board by such Government;

(d) the cost and expenses, if any, incurred by the Board in the conduct and administration of any provident or welfare fund 30 or loan or special fund established by the Board;

(c) the contributions, if any, duly authorised to be made by regulations made under this Act to any such fund as is re- ferred to in clause (d);

(/) any charges for which the Board may be liable und^r 35 section 308 or section 109;

(g) such sums as may, from time to time, be agreed upon by 1he Board and a State Government as a reasonable contri- bution payable by th" Board towards the expenses in connection

with the watch and ward functions of the police force which the State Government may establish and maintain for the pro- tection of the port and the docks, warehouses and other pro- perty of the Board;

(h) the cost of repairs and maintenance of the property bf- 5 longing to or vested in the Board and all charges upon the samp and all working expenses;

(i) the cost of the execution and provision of any new work or appliance specified in section 35 which the Board may determine to charge to revenue;

IO

(j) any expenditure incurred under section 36;

(k) any other expenditure which may be incurred by the Board generally for the purposes of this Act;

(I) any other charge which may on the application of the Board be specially sanctioned by the Central Government or 15 for which the Board may be legally liable.

(2) All moneys standing at the credit of the Board which can- not immediately be applied in the manner or for the purposes speci- fied in sub-section (I) shall—

(a) be deposited In the State Bank of India or in such sche- 20 duled bank or banks, and subject to such conditions as may, from time to time, be specified by the Central Government; or

(b) be invested in public securities or in such other secu- rities as the Central Government may approve in this behalf; and the said securities shall be held in trust by the Board for 25 the purposes of this Act.

Power to transfer moneys from general account to pilotage account and vice versa.

89. A Board may, with tile previous sanction of the Central Gov- ernment, apply any sum out of the moneys credited to the general account of the port towards meeting deficits, if any, In the pilotage account of the port maintained under section 36 of the Indian Ports 3° Act or transfer the whole or part of any surplus funds in such pilo- tage account to the general account of the port.

Establish- ment of re- serve fUnds.

90. (1) A Board may, from time to time, set apart such sums out of its surplus income DS it thinks fit, as a reserve fund or funds for the purpose of expanding existing facilities or creating new facilities 35 at the port or for the purpose of providing against any temporary decrease of revenue or increase of expenditure from transient causes or for purposes of replacement or for meeting expenditure arising from loss or damage from fire, cyclones, shipwreck or other accident or for any other emergency arising in the ordinary conduct of its 40 work under this Act:

Provided that the sums set apart annually in respect of, and tht aggregate at any time of, any such reserve fund or funds shall not exceed such amounts as may, from time to time, be fixed in that behalf by the Central Government-

5 (2) Any such reserve iund or funds may be invested in public securities or in such other securities as the Central Government may approve m this behalf.

power lo r^erve Port Trust secu- rities for Hoard's own investmenli.

91. (i) For the purposes of any investment which a Board is authorised to make by this Act, it shall be lawful for every Board ¹⁰ to reserve and set apart any securities to be issued by it on account of any loan to which the consent of the Central Government has been given, provided that the intention to so reserve and set apart such securities has been notified as a condition to the Issue of the loan,

15 (2) The issue by any Board of any such securities direct to and

in the name of the Board shall not operate to extinguish or cancel such securities, but every security so issued shall be valid In all respects as if issued to, and in the name of, any other person.

(3) The purchase by a Board, or the transfer, assignment or in- 20 dorsemcnt to a Board or to the Trustees of the sinking fund set up by a Board, of any security issued by the Board, shall not operate to extinguish or cancel any such security but the same shall be valid and negotiable in the same manner and to the same extent as if held by, or transferred or assigned or indorsed to, any other person.

25 92. (1) No expenditure shall be charged by a Board to capital

without the previous sanction of the Central Government:

Prior sanc- tion of Central Government to charge expenditure to capital.

Provided that a Board may without such sanction charge to capital expenditure not exceeding such limit as may be specified, and subject to such conditions as may be imposed, by the Central

30 Government.

(2) Nothing in sub-section (I) shall be deemed to require the further sanction of the Central Government in any case where the actual expenditure incurred as a charge to capital exceeds the expenditure sanctioned in this behalf by the -Central Government 35 unless the excess is more than ten per cent, of the expenditure so

sanctioned.

93. (1) No new work or appliance, the estimated cost of which exceeds such amount as may be fixed by the Central Government in this behalf, shall be commenced or provided by a Board, nor shall 40 any contract be entered into by a Board in respect of any such new

Worts requiring sanction of Board or Central Governmen

work or appliance until a plan oi, and estimate for, such work or appliance has buen submitted to, and approved by, the Board; and, in case the estimated cost of any such new work or appliance ex- ceeds such amount as may, from time to time, be fixed by the Central Government in this behalf, the sanction of the Central Government . to the plan and estimate shall be obtained before such work is com- menced or appliance provided.

(2) Nothing in sub-section (1) shall be deemed to require the further sanction of the Central Government in any case where the actual expenditure incurred does not exceed by more than ten per io cent., the estimated cost so sanctioned.

f 94. Notwithstanding anything contained in section 93, the ! Chairman may direct the execution of eny work the cost oi which f does not exceed such maximum limit as may be fixed by the Central Powers of Chairman aa to execu- tion of worki.

Government in this behalf, and may enter into contracts for the 15 execution of such works but in every such case the Chairman shall, as soon as possible, make a report to the Board of any such directions given or contracts entered into by him.

f 95. Every Board may compound or compromise any claim or c demand or any action or suit instituted by or against it for such sum 20 of money or other compensation as it deems sufficient:

Provided that no settlement shall be made under this section without the previous sanction of the Central Government if such settlement involves the payment by the Board of a sum exceeding such amount as may be specified by the Central Government in this 25 behalf.

Writing off of losses.

f 96. (1) Subject to such conditions as may be specified by the Central Government, where a Board is of opinion that any amount due to or any loss, whether of money or of property, incurred by, the Board is irrecoverable, the Board may, with the previous ap- 30 proval of the Central Government, sanction the writing off finally of the said amount or loss:

Provided that no such approval of the Central Government shall be necessary where such irrecoverable amount or loss does not exceed, in any individual case, five thousand rupees or in the aggre- ^ gate in any year, one lakh of rupees.

(2) Notwithstanding anything contained in sub-section ( i ), where the Chairman is of opinion that any amount due to, or any loss, whether of money or of property, incurred by the Board is Ir- recoverable, the Chairman may sanction the writing off finally cf 4C such amount or loss provided that such amount or loss does not

exceed, in any individual case, one thousand rupees or In the ag- gregate in any one year, twenty thousand rupees; and in every such case the Chairman shall make a report to the Board giving reasons for such sanction.

Powers, cte.j of Board as Conservator or Body ap- pointed under sec- tion 36 of Indian Ports Act. 5 97. All the powers, authorities and restrictions contained in this Act in respect of the works by this Act authorised, shall apply to the works which may be executed by the Board as the Conservator of the port or as the body appointed under sub-section (1) of section 36 of the Indian Purts Act, not being works the cost of which is 10 chargeable to the pilotage account of the port under sub-section (5b) of that section, and also to the sanction of such works, the estimates therefor, and the expenditure thereunder,

Budget estl- matei, 98. (1) A Board shall, on or before the thirty-first day of January in each year, hold a special meeting at which the Chairman of the *5 Board shall submit an estimate of the income and expenditure of the Board for tha next financial year, in such form as the Central Gov- ernment may specify.

(2) A copy of such estimate shall be sent by post or otherwise to each Trustee so as to reach him not less than ten clear days prior ²⁰ to the date appointed for the special meeting referred to in sub- section (1).

(3) The Board shall consider the estimate at such meeting and may provisionally approve of it with or without modifications.

(4) The Board shall, on or before the tenth day of February, cause ³5 a copy of such estimate as provisionally approved by it, to be sent to the Central Government.

(5) The Central Government may sanction the estimate or may return it with remarks and may call for such additional information as it may deem necessary.

3° (6) When an estimate is returned under sub-section (5), the Board shall proceed to reconsider the estimate with reference to such remarks and shall furnish such additional information as tht Central Government may call for and shall, if necessary, modify 01 alter the estimate and resubmit it to the Central Government.

35 (7) The Central Government shall sanction the estimate with 01 without modifications.

(8) Where any such estimate is not sanctioned by the Central Gov- ernment before the commencement of the financial year to which II relates the Central Government may authorise the Board to IncUJ 514 G Of I EX.—7.

such expenditure as may be necessary in the opinion of the Central Government until such time as the approval of the estimate by the Central Government is communicated to the Board.

99. A Board may in the course of any year for which an estimate " has been sanctioned by the Central Government cause one or more 5 Preparation of Btipple- mental enti- re! es. supplemental estimates for the residue of such year to be prepared, and the provisions of section 98 shall, so far as may be, apply to such estimate as if it were an original annual estimate.

100. Subject to any directions which the Central Government ¹ may give in this behalf, any sum of money or part thereof of which IQ Re-appro- priation of amounts in estimate.

the expenditure has been authorised in an estimate for the time being in force sanctioned by the Central Government and which has not been so spent, may at any time be reappropriated by the Board to meet any excess in any other expenditure authorised in the said estimate:

*5

Provided that no such reappropriation shall be made from one major head of expenditure to another such head without the pre- vious sanction of the Central Government.

Adherence \o estimate "xcept in emergency.

101. (1) Subject to the provisions of section 100, no sum exceeding such amount as the Central Government may fix in this behalf shall, 20 save in cases of pressing emergency, be expended by, or on behalf of, any Board unless such sum is included in some estimate of the Board at the time in force which has been finally sanctioned by the Central Government.

(2) If any sum exceeding such limit as may have been fixed in a5 this behalf under sub-section (1) is so expended by any Board on a pressing emergency, the circumstances shall be forthwith reported by the Chairman to the Central Government, together with an ex- planation of the way in which it is proposed by the Board to cover such f^xtra expenditure.

3°

Accounts and audit.

35 102. (1) A Board shall maintain proper accounts and other rele- vant records and prepare the annual statement of accounts including the balance-sheet in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor- General of India.

(2) The accounts of the Board shall be audited once in every year by the Comptroller and Auditor-General of India or such other persons as may be appointed by him in this behalf and he shall in reswet of such audit be paid by the Board such amount as the Central Government may determine and such amount shall be debit- 4° able to the general account of the Board.

(3) The Comptroller and Auditor-General of India or any person appointed by him in connection with the audit of the accounts of a Board shall have the same rights, privileges and authority in con- nection with such audit as the Comptroller and Auditor-General ci 5 India has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents of the Board.

Publication of audit report.

103. (1) Within fourteen days after the audit and examination of the accounts of a Board have been completed, the Comptroller and 10 Auditor-General of India shall forward copies of the audit report to

the Central Government and to the Board.

(2) The Central Government shall cause every audit report to be laid for not less than thirty days before each House of Parlia- ment as soon as may be after such report is received by that Gov-

15 eminent.

104. Every Board shall forthwith take into consideration any defects or Irregularities that may be pointed out by the Comptroller and Auditor-General of India in the audit report on the income and expenditure of the Board and shall take such action thereon as the

Board to remedy defects and Irrcgulaiidei pointed oui in audit report.

?o Board may think fit and shall also send a report of the action so

tftken to the Central Government,

Central Government to decide differenc* between Board "ud auditors.

105. If there is a difference of opinion between any Board and the Comptroller and Auditor-General of India on any point Included in the audit report, and the Board is unable to accept and imple- -,3 ment the recommendations, if any, made by him on such point, the matter shall forthwith be referred to the Central Government which shall pass final orders thereon and the Board shall be bound to give effect to such orders.

CHAPTER IX

30 SUPERVISION AND CONTROL OP CENTRAL GOVERNMENT

Admitujtra - dan teport.

106. As soon as may be after the first day of April in every year and not later than such date as may be fixed in this behalf by the Central Government, every Board shall submit to the Central Gov- ernment a detailed report of the administration of the port during the preceding year ending on the thirty-first day of March, in guch form as the Central Government may direct.

107. (/) Every Board shall annually, or oftener if directed by the Central Government so to do, submit statements of its income and expenditure in such form and at such time as that Government may direct.

Submission

of ftatemeflti

of income

and expendi-

ture tc

Central

Govern-

ment.

(2) A copy of all such statements shall be open to the inspection 5 of the public at the office of the Board during office hours on pay- ment of such fee for each inspection as may from time to time be fixed by the Board.

108. The Central Government may, at any time, order a local survey or examination of any works of a Board, or the intended site 10 thereof and the cost of such survey and examination shall be borne and paid by the Board from arid out of the moneys credited to the general account of the port.

power of

Central

Government

to order

survey or

examination

of works of

Board.

[ 109. If, at any time, any Board—

c (a) allows any work or appliance constructed or provided 15 by, or vested in, the Board to fall into disrepair; or

k

Power of

Central

Government

to restore or

complete

worki at the

coit of

Board.

(b) does not, within a reasonable time, complete any work commenced by the Board or included in any estimate sanctioned by the Central Government; ox

(c) does not, after due notice in writing, proceed to carry 20 out effectually any work or repair or to provide any appliance which is necessary in the opinion of the Central Government for the purposes of this Act,

the Central Government may cause such work to be restored or conv pleted or carried out, or such repairs to be carried out or suph. 3$ appliance to be provided, and the cost of any such restoration, com- pletion, construction, repair or provision shall be paid by the Board from and out of the moneys credited to the general account of thQ port.

110. (1) If, at any time, the Central Government is of opinion— 30 Power of Central Government to supersede Board.

I (a) that on account of a grave emergency, any Board is un-. able to perform the duties imposed on it by or under the provi- sions of this Act or of any other law, or

(b) that the Board has persistently made default in the performance of the duties imposed upon It by or under the provi- 35 slons of this Act or of any other law and as a result of such

default, the financial position of the Board or the administration of the port has greatly deteriorated,

the Central Government, may, by notification in the Official Gazette, supersede the Board for such period, not exceeding six months at a 5 time, as may be specified in the notification;

Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the Central Government shall give a reasonable time of not less than three months to the Board to show cause why it should not be superseded and shall con- ¹⁰ sider the explanations and objections, if any, of the Board.

(2) Upon the publication of a notification under sub-section (I) superseding the Board —

(a) all the Trustees shall, as from the date-of supersession, Vacate their offices as such Trustees;

15 (b) all the powers and duties which may, by or under the provisions of this Act or of any other law, be exercised' or per- formed by or on behalf of the Board, shall until the Board is reconstituted under clause (b) or clause (c) of sub-section (3) be exercised and performed by such person or persons as the 20 Central Government may direct;

(c) all property vested in the Board shall, until the Bpard is reconstituted under clause (b) or clause (c) of sub-section (3), vest in the Central Government.

(3) On the expiration of the period of supersession specified In the 15 notification issued under sub-section (1), the Central Government may—

(a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary, or

(b) reconstitute the Board by fresh appointment and fresh 30 election, and in such case, any persons who vacated their offices under clause (a) of sub-section (2) shall not be deemed disquali- fied for appointment or election, as the case may be, or

(c) reconstitute the Board by appointment only for such period as it may consider necessary and in such a case, the persons 35 who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for such appointment merely because they were Trustees when the Board was superseded:

Provided that the Central Government may, at any time before the expiration of the period of supersession, whether aa originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) or clause (c) of this sub-section.

(4) The Central Government shall cause a notification issued 5

under sub-section (1) andi a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest possible opportunity.

Power of Central Govemmer to issue directions %o Bo^rd.

lit. (1) Without prejudice to the foregoing provisions of this Chapter, every Board shall, in the discharge of its functions under 10 this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:

Provided that the Board shall be given opportunity to express its

views before any direction is given under this sub-section.

(2) The decision of the Central Government whether a question xj

ij one of policy or not shall be final,

CHAPTER X

PENALTIES

112. Every person employed by a Board under this Act shall, for

45 of it

3 of 194 the purposes of sections 161 to 171 (both inclusive), 184, 185 and 409 20 of the Indian Penal Code and for the purposes of the Prevention of Corruption Act, 1947 be deemed to be a public servant within the meaning of section 21 of the said Code.

Persons employed under this ACT to be public ser- vants for certain pur- posei.

Penalty for contraven- tion of sections 37, 38, 40 one 4i.

113. Whoever contravenes the provisions of any order issued under section 37 or section 38 or section 41 or fails to comply with any condi- 25 tion imposed under section 40 shall be punishable with fine which may extend to one thousand rupees, and where the contravention or failure is a continuing one, with further fine which may extend to one hundred rupees for every day after the first during which such contravention or failure continues.

Penalty for aettinff up wharves, quays, etc. without Permission-

114. Any person who contravenes the provisions of section 46 shall be punishable with fine which may extend to one thousand rupees for the first contravention, and with a further fine which may extend to one hundred rupees for every day after the first during which the contravention continues,

,_

Penalty for evading rates, etc. 115. Any person who, with the intention of evading payment of the rates lawfully due, in respect of any goods or vessel carrying any goods, to the Board—

(a) understates or incorrectly gives the weight, quantity, 5 value or description of such goods or the tonnage of such vessel in any document presented to any employee of the Board for the purpose of enabling him to determine such rates; or

(b) removes or attempts to remove or abets the removal of such goods or such vessel;

¹⁰ shall be punishable with fine which may extend to twice the amount of rates so due subject to a minimum of fifty rupees.

Recovery of value of damage to property of Board.

116. If, through the negligence of any person having the guid- ance or command of any vessel, or of any of the mariners or persons employed on such vessel, any damage is caused to any dock, wharf, 15 quay, mooring, stage, jetty, pier or other work in the possession of any Board, the amount of such damage shall, on the application of the Board be recoverable, together with the cost of such recovery, by distress and sale, under a Magistrate's warrant, of a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores 20 belonging to such vessel:

Provided that no Magistrate shall issue such a warrant until the master of the vessel has been duly summoned to appear before him and, if he appears, until he has been heard; and provided also that no such warrant shall issue if the vessel was at the time under the 45 orders of a duly authorised employee of the Board and the damage caused was attributable to the order, act or improper omission of such employee.

3ther oflen- 117. Any person who contravenes any of the provisions of this Act or of any rule, regulation or order made thereunder, for the 30 contravention of which no penalty is expressly provided thereunder, shall be punishable with fine which may extend to two hundred rupees.

cognizance >f offences.

118. No court inferior to that of a magistrate of the first class shall try any offence punishable under this Act or any rule or 35 regulation made thereunder.

Jffences by wnpanles.

119. (1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed Was in charge of, and was responsible to, the company for the con- duct of business of the company, as well as the company, shall be

deemed to be guilty of the offence and shall be liable to be proceed- ed against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or 5 that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or *o connivance of, or that the commission of the offence is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, - secretary, or other officer shall abo be deemed to be guilty of that offence tand shall be liable to be proceeded against and punisKed accordingly. J5

Explanation.—For the purposes of this section,—

(a) "company" means a body corporate and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the

20 firm.

CHAPTER XI

MISCELLANEOUS

Limitation

of proceed-

ings in

respect of

things done

under the

Act.

120. No suit or other proceeding shall be commenced against a Board or any member or employee thereof for anything done, or ¹ purporting to have been done, in pursuance of this Act until the ²5 expiration of one month after notice in writing has been given to the Board or him stating the cause of action, or after six months after the accrual of the cause of action.

Protection of

act* done in

good faith.

121. No suit or other legal proceeding shall lie against a Board ov any member or employee thereof in respect of anything which is 30 in good faith done or intended to be done under this Act or any rule or regulation made thereunder, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to or under the control of the Board.

35

122. (1) The Central Government may, by notification in the Official Gazette, make rules for all or any of the following purposes, namely: —

Power of

Central

Government

to make

rules.

(a) the times and places of the meetings of a Board and the procedure to be followed for the transaction of business at 4° such meetings;

(b) the fees and allowances payable to the members of a Board or of its committees;

(c) any other matter in respect of which rules may be made by the Central Government.

$ (2) The power to make rules under this section is subject to the condition of the rules being made after previous publication.

(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in 10 one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no 15 effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

123. Without prejudice to any power to make regulations con- tained elsewhere in this Act, a Board may make regulations con- 20 sistent with this Act for all or any of the following purposes,

General power oi Board tc make teg latlons.

namely: —

(a) for the times and places of the meetings of its commit- tees and for the procedure to be followed for the transaction of business at such meetings;

25 (6) for the form and manner in which contracts, shall be made by the Board;

(c) for the form of receipt to be given under sub-section (2) of section 42;

(d) for the period within which notice may be given under 30 sub-section (2) of section 43;

(e) for the guidance of persons employed by the Board under this Act;

(f) for the safe and convenient use of the docks, wharves, quays, jetties, sheds, warehouses, railways, tramways and other 35 works constructed by or vested in the Board under this Act;

(g) for the reception, porterage, storage and removal of goods brought within the premises of the Board, for the ex- clusive conduct of these operations by the Board or persons employed bv the Board: and for declaring the procedure to be

514 G of I EX.—8.

followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged;

(h) for keeping clean the port, river or basins or the bank of the river and the works of the Board, and for preventing filth $ or rubbish being thrown therein or thereon;

(i) for the mode of payment of rates leviable by the Board under this Act;

(j) for regulating, declaring and defining the docks, whar- ves, quays, jetties, stages and piers vested in the Board on which j0 goods shall be landed from vessels and shipped on board vessels;

(k) for regulating the manner in which, and the conditions under which, the loading and unloading of all vessels within the port or port approaches shall be carried out;

(I) for regulating the lighterage of cargo between ships or 15 of the port.

Proyiiioni with reipect to ngula>

35

125. (I) Whenever the Central Government considers necessary in the public interest so to do, it may, by order in writing together with a statement of reasons therefor, direct any Board to make any regulations for all or any of the matters specified in section 28 or 5 section 7(5 or section 123 or to amend any regulations, within such

Power of Central Government to direct re- gulations to be mado or to make re gulitlons.

period as the Central Government may specify in this behalf:

Provided that the Central Government may extend the period specified by it by such period or periods as it may consider neces- sary.

¹⁰ (2) If any Board, against whom a direction is issued by the Central Government under sub-section (1), fails or neglects to comply with such direction within the period allowed under sub- section (1), that Government may make the regulations or amend the regulations, us the case may be, either in the form specified in *5 the direction or with such modifications thereof as the Central

Government may think fit:

Provided that before so making or amending the regulations the Central Government shall consider any objection or suggestion made by the Board within the said period.

³⁰ (3) Where in pursuance of sub-section (2), any regulations have been made or amended, the regulations so made or amended shall be published by the Central Government in the Official Gazette and shall thereupon have effect accordingly.

126. Notwithstanding anything contained in this Act, the first 1 Power of Central Gov- Z5 regulations under this Act shall be made by the Central Govern- \ ernment to make first ment and shall have effect on being published in the Official r regulation!. ' Gazette,

Posting of certain regu- lations, etc. 127. The text of the regulations made under clauses (e) to (n) j of section 123 and the scale of rates together with a statement of 1

3° conditions framed by any Board under Chapter VI shall be promi- nently posted by the Board in English, in Hindi and in the regional language on special boards to be maintained for the purpose at the wharves, docks, piers and other convenient places on the premises of the Board.

(1} the right of the Central Government to collect customs l duties or of any municipality to collect town duties at any dock, r berth, wharf, quay, stage, ietty nr pier in the possession of a t 35 128. Nothing in this Act shall affect— S Saving of :ight of Cen- r :ral Govero- nent rnd luinicipali-- :iea to U"e wharves, * :ic., for

(2) any oower or authority vested in the customs authori- ties under any law for the time being in force.

129. The provisions of sections 35, 37, 36, 39, 40, 41, 42, 48, 49, 50, collecting outie"and of power of Customs Officers. Application of certain provisions of the Act to aircraft.

64, 65, 115, 121, 123 and 124 shall apply in relation to all aircraft making use of any port while on water as they apply in relation to 5 vessels.

|

Power to evict certain persons from the premises of Board.

130. (1) Notwithstanding anything contained in any other law for the time being in force, if a Board in exercise of the powers conferred on it by regulations made under this Act cancel the allot- ment of any premises made to any employee of the Board, the Board Io may, by notice in writing, order such allottee or any other person who may be in occupation of the whole or any part of the premises to surrender or deliver possession thereof to the Board or a person appointed by the Board in that behalf within such period as may be specified in the notice.

J5

Explanation.—For the purposes of this section, "premises" means any building or part of a building and includes—

(i) the gardens, grounds and out-houses, If any, appertaining to such building or part of a building;

(ii) any fittings affixed to such building or part of a build- ²⁰ ing for the more beneficial enjoyment thereof; and

(in) any furniture, books or other things belonging to the Board and found in such building or part of a building.

(2) If any allottee or other person refuses or fails to comply with an order made under sub-section (1), any magistrate of the first ²5 class may, on application made by or on behalf of the Board, order any police officer, with proper assistance, to enter Into the premises and evict any person from, and take possession of, the premises and to deliver the same to the Board or a person appointed by the Board in that behalf and the police officer may, for the purpose, use such 30 force as may be necessary.

(3) Any such notice as is referred to in sub-section (1) may be served—

(a) by delivering or tendering It to the allottee or any other person who may be in occupation of the whole or any part of 35 the premises, or

(b) If it cannot be so delivered or tendered, by affixing It on the outer door or some other conspicuous part of the pre- mises, or

(c) by registered post.

4c

Alternative remedy by suit.

131. Without prejudice to any other action that may be taken under this Act, a Board may recover by suit any rates, damages, expenses, costs, or in the case of sale the balance thereof, when the proceeds of sale are insufficient, or any penalties payable to, or g- recoverable by, the Board under this Act or under any regulations

made in pursuance thereof.

132. (2) Any requirement in this Act that a notification, order, rule or regulation issued or made by a Board or by the Central Gov- ernment shall be published in the Official Gazette, shall, unless other- 10 wise expressly provided in this Act, be construed as a requirement

that the notification, order, rule or regulation shall—

Require- ments as to publication of notifica- tions! orders, etc., In the Official Gazette (a) where it is issued or made by the Board, be published in the Official Gazette of the State in which the port is situated, and

15 (b) where it is issued or made by the Central Government,

be published in the Gazette of India.

(2) Any notification, order, rule or regulation issued or made by the Central Government shall, for general information^ be also re- published In the Official Gazette of the State in which the port is

30 situated.

Repeal.

Bombay Act 7 of 1882.

133. (1) On the application of this Act to the port of Kandla, the Bombay Landing and Wharfage Fees Act, 1882 shall cease to have force in relation to that port.

(2) On the application of this Act to the ports of Cochin and 35 Vishakhapatnam, the Madras Outports Landing and Shipping Fees

Act, 1885 shall cease to have force in relation to those ports.

Madnu Act 3 of 1885.

(3) If immediately before the application of this Act to any other port, there is in force in that port any law which corresponds to this Act or to any provision thereof, that corresponding law shall, on

30 such application, cease to have force in relation to that port.

Power to remove difficulties.

134. If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enact- ments repealed by this Act to the provisions of this Act, the Central Government may, by general or special order, do anything not in- 3j consistent with such provisions which appears to it to be necessary or

expedient for the purpose of removing the difficulty.

S. N. MUKERJEE,

Secretary.

PMNTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED HY TTTE MANAGER OF PUBLICATIONS, nflLTIT, 19R3