REGISTERED NO. D. 221
The Gazette of India
EXTRAORDINARY
PART II -Section 2
PUBLISHED BY AUTHORITY
No. 56 NEW DELHI , FRIDAY , DECEMBER 11. 1964 / AGRAHAYANA 20 , 1886
Separate paging is given to this Part in order that it may be filed as a separate compilion
RAJYA SABHA
The following Bills were introduced in the Rajya Sabha on the 11th December , 1964 : -
I
BILL NO . XXII OF 1964
A Bill further to amend the Madras Port Trust Act , 1905 .
BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows : -
1. (1 ) This Act may be called the Madras Port Trust (Amend- ment ) Act , 1964 .
( 2 ) It shall come into force on such date as the Central Govern ment may , by notification in the official Gazette , appoint .
Short title and com- mence . ment .
Madras Act 11 of 1905.
Amend- ment of section 39 2. In section 39 of the Madras Port Trust Act , 1905 ( hereinafter referred to as the principal Act ) , after sub - section ( 3 ) , the following sub - section shall be inserted , namely : -
" ( 4 ) The Board shall prepare and issue an outturn report of every vessel within thirty days from the common landing date and thereafter , if it is found that any package or packages have not been landed , shall . if so required by the importer , issue shortlanding certificate therefor within thirty days of the issue of the outturn report . " .
(909)
688 G'of I Ex - 1 THE GAZETTE OF INDIA EXTRAORDINARY [PART II 910
3. In section 40 of the principal Act , for sub - section ( 1 ) , the following shall be substituted , namely: -
Amend- ment of section 40 .
" ( 1 ) Subject to the provisions of this Act , the responsibility of the Board for the loss , destruction or deterioration of goods of which it has taken charge shall ,-
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 the said Act :
Provided that no responsibility under this section shall attach to the Board until a receipt mentioned in sub - section (3 ) of section 39 is given by the Board" .
4. In section 110 of the Principal Act , for the words " six months " the words " one year " shall be substituted .
Amend- ment of section 110 .
5. For section 111 of the principal Act , the following shall be substituted , namely : ---
Substitu- tion of section 111.
" 111. No suit or other legal proceedings shall lie against the Board or any member or employee thereof in respect of any- thing which is 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 . "
STATEMENT OF OBJECTS AND REASONS
Certain difficulties are being experienced by the trade in the working of the Act . The present Bill seeks to remove those difficulties.
M. P. BHARGAVA .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
911
II
BILL NO . XIX OF 1964
A Bill to provide for the constitution and regulation of a Force called the Port Protection Force for the better protection and security of Port property .
BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows : -
1. ( 1 ) This Act may be called the Port Protection Force Act , 1964 .
(2) It applies to all major ports within the Union of India.
Short title, extent and commen- cement .
(3 ) It shall come into force on such date as the Central Govern- ment may , by notification , in the Official Gazette , appoint.
Definitions .
2. In this Act , unless the context otherwise requires-
( a ) " Force" means the Port Protection Force constituted under section 3 ;
(b ) "Board" in relation to a port means the Board of Trustees in relation to that port ;
15 of 1908 ,
(c) " Major Port " or "port " means a major port as defined in the Indian Ports Act , 1908 ;
(d) " Member of the Force " means a person appointed to the Force under this Act other than a superior officer;
(e ) " prescribed " means prescribed by rules made under this Act;
(f ) " port property " includes any goods , money or valuable security , or animal , belonging to , or in the charge or possession of, a port administration , whether owned by them or owned by any consignor , consignee , shipper or agent for sale , custody , loading or unloading;
(g) " superior officer " means any of the officers appointed under section 4, and includes any other officer appointed by the Central Government as a superior officer of the Force .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 912
Constitu- tion of the Force .
3. ( 1 ) There shall be constituted and maintained by the Board a Force to be called the Port Protection Force for the better protec- tion and security of port property .
(2) The Force shall be constituted in such manner , shall consist of such number of superior officers and members of the Force and shall receive such pay and other remuneration as may be prescribed in relation to any port under this Act , or under the provisions of any law applicable to that port .
4. ( 1 ) The Board may appoint a person to be the Chief Security Officer of the Force and may appoint other persons to be Security Officers or Assistant Security Officers of the Force .
Appoint. ment and powers of superior officers,
(2) The Chief Security Officer and every other superior officer so appointed shall possess and exercise such powers and authority over the members of the Force under their respective commands as is provided by or under this Act .
5. There shall be the following classes of officers and other ranks among the members of the Force , who shall take rank in the order mentioned , namely : -
A. Classes of officers
Classes and ranks among members of the Force .
( i) Inspector ,
(ii ) sub- inspector ,
(iii ) assistant sub - inspector .
B. Classes of other ranks-
( i ) Head rakshak ,
(ii ) senior rakshak,
( iii) rakshak .
6. The appointment of members of the Force shall rest with the Board who shall exercise that power in accordance with rules made under this Act :
Appoint. ment of members of the Force .
Provided that the power of appointment under this section may also be exercised by such other superior officer as the Board may by order specify in this behalf .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
913
of the 7. ( 1 ) Every member of the Force shall receive on his appoint- Certifi- ment a certificate in the form specified in the Schedule , under the cates to seal of the Board or of the Chief Security Officer or such other members superior officer as the Board may specify in this behalf , by virtue of Force . which the person holding such certificate shall be vested with the powers of a member of the Force .
(2) Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a member of the Force , and , on his ceasing to be a member of the Force , shall be forthwith surren- dered by him to any superior officer empowered to receive the same.
8. (1 ) The superintendence of the Force shall vest in the Board and subject thereto the administration of the Force shall vest in the Chief Security Officer and shall be carried on by him in accordance with the provisions of this Act and of any rules made thereunder .
and ad- Superin- tendence ministra- tion of the Force .
Dismissal , removal , etc. of members 9. ( 1 ) Subject to the provisions of article 311 of the Constitution and to such rules as the Board may make under this Act , any supe- rior officer may- ( i ) dismiss , suspend or reduce in rank any member of the of the Force whom he shall think remiss or negligent in the discharge Force, of his duty , or unfit for the same ; or
( ii ) award any one or more of the following punishments to any member of the Force who discharges his duty in a careless or negligent manner , or who by any act of his own renders him- self unfit for the discharge thereof , namely : --
( a) fine to any amount not exceeding seven days' pay or reduction in pay scale ;
(b ) confinement to quarters for a period not exceeding fourteen days with or without punishment , drill , extra guard, fatigue or other duty ;
( c) removal from any office of distinction or deprivation of any special emolument .
(2) Any member of the Force aggrieved by an order made under as sub - section ( 1 ) may appeal against the order to such authority may be prescribed , and the decision of the said authority thereon shall be final , !
15 of 1908.
10. The Chief Security Officer and every other superior officer Officers and every member of the Force shall for all purposes be regarded as staff of the Board within the meaning of the Indian Ports Act , 1908 , in relation to that port and shall be entitled to exercise the powers conferred on the port staff by or under that Act .
and mem- the Force bers of to be deemed to be port staff.
[PART II THE GAZETTE OF INDIA EXTRAORDINARY
914
11. It shall be the duty of every superior officer and member of the Force-
Duties of members of the Force
(a ) promptly to execute all orders lawfully issued to him by his superior authority ;
(b ) to protect and safeguard port property ;
(c) to remove any obstruction in the movement of port property; and
(d) to do any other act conducive to the better protection and security of port property .
12. Any superior officer or member of the Force may , without an order from a Magistrate and without a warrant , arrest-
Power to arrest without warrant .
(a) any person who has been concerned in an offence relat- ing to port property punishable with imprisonment for a term exceeding six months , or against whom a reasonable suspicion exists of his having been so concerned ; or
(b ) any person found taking precautions to conceal his presence within port limits under circumstances which afford reason to believe that he is taking such precautions with a view to committing theft of, or damage to , port property.
Power to search without warrant.
13. ( 1 ) Whenever any superior officer , or any member of the Force , not below the rank of a senior rakshak, has reason to believe that any such offence as is referred to in section 12 has been or is being committed and that a search - warrant cannot be obtained without affording the offender an opportunity of escaping or of con- cealing evidence of the offence , he may detain him and search his person and belongings forthwith and , if he thinks proper , arrest any person whom he has reason to believe to have committed the offence .
(2 ) The provisions of the Code of Criminal Procedure , 1898 , relat- 5 of 1898 . ing to searches under that Code shall so far as may be , apply to searches under this section .
14. (1 ) Every superior officer and member of the Force shall , for the purpose of this Act , be considered to be always on duty.
(2) No superior officer or member of the Force shall engage him- self in any employment or office other than his duties under this Act. Officers and mem- bers of the Force to be con- sidered always on duty.
15. A member of the Force shall not by reason of his suspension from office cease to be a member of the Force ; and he shall , during that period , be subject to the same responsibilities , discipline and penalties to which he would have been subject if he were on duty.
Respon- sibilities the Force during of mem- bers of suspen- sien.
915 THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
Penal- ties for neglect of duty , etc. 16. ( 1 ) Without prejudice to the provisions contained in section 9 , every member of the Force who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation of lawful order made by a superior officer , or who shall withdraw from the duties of his office without permission , or who , being absent on leave , fails , without reasonable cause , to report himself for duty on the expiration of the leave , or who engages himself without authority in any employment other than his duty as a member of the Force , or who shall be guilty of cowardice , shall be liable , on conviction before a Magistrate , to imprisonment for a period not exceeding six months .
5of1898 .
(2) Notwithstanding anything contained in the Code of Criminal Procedure , 1898 , an offence punishable under this section shall be cognizable .
22 of 1922. 17. The Police ( Incitement to Disaffection ) Act , 1922 , shall apply to members of the Force as it applies to members of a police force .
Application of Act 22 of 1922 to members of the Force .
4 of 1936 .
14 of 1947. 63 of 1948 .
18. Nothing contained in the Payment of Wages Act , 1936 , or the Certain Industrial Disputes Act , 1947 , or the Factories Act , 1948 , shall apply to members of the Force .
Acts not to apply to memb- ers of the Force
19. ( 1 ) In any suit or proceeding against any superior officer or members of the Force for any act done by him in the discharge of his duties , it shall be lawful for him to plead that such act was done by him under the orders of a competent authority .
Protection of acts of members of the Force.
(2) Any such plea may be proved by the production of the order directing the act , and if it is so proved , the superior officer or mem- bers of the Force shall thereupon be discharged from any liability in respect of the act so done by him , notwithstanding any defect in the jurisdiction of the authority which issued such order .
(3 ) Notwithstanding anything contained in any other law for the time being in force , any legal proceeding , whether civil or cri- minal , which may lawfully be brought against any superior officer or member of the Force for anything done or intended to be done under the powers conferred by , or in pursuance of , any provision of this Act or the rules thereunder shall be commenced within three months after the Act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the [PART II THE GAZETTE OF INDIA EXTRAORDINARY
916
cause thereof shall be given to the person concerned and his supe- rior officer at least one month before the commencement of such pro- ceeding.
20. ( 1 ) The Board may make rules for carrying out the purposes of this Act .
Power to make rules.
(2) In particular , and without prejudice to the generality of the foregoing powers , such rules may provide for--
(a) regulating the classes and grades and the pay and remu- neration of superior officers and members of the Force and their conditions of service in the Force ;
(b) regulating the powers and duties of superior officers and members of the Force authorised to exercise any functions by or under this Act ;
( c) fixing the period of service for superior officers and members of the Force;
(d) regulating the punishments and providing for appeals from , or the revision of , orders of punishment , or the remission of fines or other punishments ;
( e) any other matter which has to be or may be prescribed .
(3) All rules made under this section shall be submitted for ap- proval of the Central Government as soon as possible and in all cases within thirty days after they are made and shall be subject to such modifications as may be made by the Central Government .
21. Sections 129 to 134 of the Calcutta Port Act , 1890 shall cease Bengal to have force on the application of this Act .
Act III of 1890 .
Certain sections of Bengal Act III of 1890 not to have effect . Saving .
22. If before the application of this Act , there exist in any Port Acts any laws for regulating the appointments , terms and conditions of service of the officers and staff of the Board such provisions of law shall remain in force in relating to that port under this Act .
45 of 1860.
23. Every person employed under this Act shall , for the purposes of sections 161 to 171 ( both inclusive ) , 184, 185 and 409 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 2 of 1947 . section 21 of the said Code .
Persons employed under this Act to be public servants for certain purposes , THE GAZETTE OF INDIA EXTRAORDINARY
Sec. 2 ]
917
THE SCHEDULE
(See section 7)
A. B. has been appointed a member of the Port Protection Force under the Port Protection Force Act and is vested with the powers , functions and privileges of a member of the Force .
688 G OF I. Ex .-2 THE GAZETTE OF INDIA EXTRAORDINARY
918
[PART II
STATEMENT OF OBJECTS AND REASONS
The volume of exports and imports handled by the major ports has increased tremendously during the recent years which has neces- sitated larger security staff for the protection of port property . At the moment , the security staff consists of the port police , which is drawn from the city police force , and a limited number of watch and ward staff under the direct employ of the port authorities . The port police , being part and parcel of the city police , are subject to the demands of the city's overall law and order problem and , as such , they are frequently drafted to augment the city force. When such withdrawals take place , the port is left without an adequate force , which often leads to spurt in pilferage . Further , at major ports and terminals , special problems arise from their complex and peculiar structure , and it has been found that an average police constable is not well equipped to tackle such problems . This is obviously an unsatisfactory position and should be remedied immediately by creat- ing an independent Port Protection Force.
The Bill seeks to provide for the constitution and regulation of a Force to be called the Port Protection Force for the better protection and security of port property.
M. P. BHARGAVA .
SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
919
EXPLANATORY MEMORANDUM REGARDING DELEGATED
LEGISLATION
The broad features envisaged in the Bill , namely , the constitution of the Port Protection Force , appointments and functions of officers and members of the Force , its superintendence and administration and penalties to which members of the Force are liable are laid down in the Bill itself .
Clause 20 of the Bill empowers the Board , subject to the approval of the central Government , to make rules to carry out the purposes of the proposed enactment . The several matters in relation to which such rules may be made have been detailed in the various items of sub- clause ( 2 ) of that clause and relate principally to the procedure to be followed in regulating the classes and grades , the terms and condi- tions of service and the powers and duties of and the punishments to members of the Force. These matters are details of procedure necessary for the effective governance of the Force and it is unneces- sary and cumbersome to provide for these administrative details in the enactment itself .
The delegation of legislative power is thus of the normal type .
B. N. BANERJEE,
Secretary.
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI . 1964