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