THE MAJOR PORT TRUSTS ACT, 1963

ACT NO. 38 OF 1963 · Enacted [16th October, 1963.] · 154 sections

PRELIMINARY

Section 1.Short title, commencement and application.

Section 2.Definitions.

BOARD OF TRUSTEES AND COMMITTEES THEREOF

Section 3.Constitution of Board of Trustees.

Section 4.First Board of Trustees.

Section 5.Board to be body corporate.

Section 6.Disqualification for office of Trustee.

Section 7.Term of office of Trustees.

Section 8.Vacation of office of Trustees.

Section 9.Eligibility of Trustee for re-appointment or re-election.

Section 10.Filling of vacancies in office of Trustees.

Section 11.Saving provision for appointment of Trustee by Central Government after prescribed period.

Section 12.Power of Central Government to extend time for election or appoint Trustees in default of election.

Section 13.Term of office in case of certain Trustees.

Section 14.Absence of Chairman and Deputy Chairman.

Section 14A.Acting Chairman or Deputy Chairman.

Section 15.Conditions of service of Chairman and Deputy Chairman.

Section 16.Meetings of Board.

Section 17.Committees of Board.

Section 18.Fees and allowances payable to Trustees.

Section 19.Restriction of power of Trustees to vote in certain cases.

Section 20.Defects in appointments or election not to invalidate acts, etc.

Section 21.Delegation of powers.

Section 22.Duties of Chairman and Deputy Chairman.

STAFF OF THE BOARD

Section 23.Schedule of Board’s staff.

Section 24.Power to make appointments.

Section 25.Power to grant leave, etc., to employees of Board.

Section 26.Consulting Engineer to Board.

Section 27.Power to create posts.

Section 28.Power to make regulations.

PROPERTY AND CONTRACTS

Section 29.Transfer of assets and liabilities of Central Government, etc., to Board.

Section 30.Existing rates, etc., to continue until altered by Board.

Section 31.Repayment of capital with interest.

Section 32.Procedure when immovable property cannot be acquired by agreement.

Section 33.Contracts by Board.

Section 34.Mode of executing contracts on behalf of Board.

WORKS AND SERVICES TO BE PROVIDED AT PORTS

Section 35.Power of Board to execute works and provide appliances.

Section 35A.Power with respect to landing places and bathing ghats.

Section 36.Power of Board to undertake certain works.

Section 37.Power of Board to order sea-going vessels to use docks, wharves, etc.

Section 38.If accommodation sufficient, all sea-going vessels compelled to use docks, wharves, etc.

Section 39.Power to order vessels not to come alongside of, or to be removed from, docks, wharves, etc.

Section 40.Power of Central Government to exempt from obligation to use docks wharves, etc.

Section 41.Board to declare when vessels other than sea-going vessels compelled to use docks, wharves etc.

Section 42.Performance of services by Board or other person.

Section 43.Responsibility of Board for loss, etc., of goods.

Section 44.Accommodation to be provided for customs officers in wharves, etc., appointed under Customs Act.

Section 45.Dues at customs wharves, etc.

Section 46.Power to permit erection of private wharves, etc., within a port subject to conditions.

Section 47.Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful.

TARIFF AUTHORITY FOR MAJOR PORTS

Section 47A.Constitution and incorporation of Tariff Authority for major ports.

Section 47B.Term of office, conditions of service, etc., of Chairperson and other Members.

Section 47C.Disqualification for the office of Chairperson and Member.

Section 47D.Removal, etc., of Chairperson and Members.

Section 47E.Meetings.

Section 47F.Authentication of all orders and decisions of the Authority.

Section 47G.Vacancy, etc., not to invalidate proceedings of the Authority.

Section 47H.Officers and employees of the Authority.

IMPOSITION AND RECOVERY OF RATES AT PORTS

Section 48.Scales of rates for services performed by Board or other person.

Section 49.Scale of rates and statement of conditions for use of property belonging to Board.

Section 49A.Fees for pilotage and certain other services.

Section 49B.Fixation of port-dues.

Section 50.Consolidated rates for combination of services.

Section 50A.Port-due on vessels in ballast.

Section 50B.Port-due on vessels not discharging or taking in cargo.

Section 50C.Publication of orders of Authority.

Section 51.Power to levy concessional rates in certain cases.

Section 52.[Omitted.].

Section 53.Exemption from, and remission of, rates or charges.

Section 54.Power of Central Government to require modification or cancellation of rates.

Section 55.Refund of overcharges.

Section 56.Notice of payment of charges short-levied or erroneously refunded.

Section 57.Board not to lease rates without sanction.

Section 58.Time for payment of rates on goods.

Section 59.Board’s lien for rates.

Section 60.Ship-owner’s lien for freight and other charges.

Section 61.Sale of goods after two months if rates or rent are not paid or lien for freight is not discharged.

Section 62.Disposal of goods not removed from premises of Board within time limit.

Section 63.Application of sale proceeds.

Section 64.Recovery of rates and charges by distraint of vessel.

Section 65.Grant of port-clearance after payment of rates and realisation of damages, etc.

BORROWING POWERS OF BOARD

Section 66.Power to raise loans.

Section 67.Port Trust securities.

Section 68.Right of survivors of joint or several payees of securities.

Section 69.Power of one or two or more joint holders to grant receipts.

Section 70.Indorsements to be made on security itself.

Section 71.Indorser of security not liable for amount thereof.

Section 72.Impression of signature on securities.

Section 73.Issue of duplicate securities.

Section 74.Issue of converted, etc., securities.

Section 74A.Recognition as holder of Port Trust securities in certain cases.

Section 74B.Legal effect of recognition by the Board under section 74A.

Section 75.Discharge in certain cases.

Section 76.Power of Board to make regulations.

Section 77.Place and currency of loans raised by Board.

Section 78.Security for loans taken out by Board.

Section 79.Remedies of Government in respect of loans made to Boards.

Section 80.Power of Board to repay loans before due date.

Section 81.Establishment of sinking fund.

Section 82.Investment and application of sinking fund.

Section 83.Examination of sinking fund.

Section 84.Power of Board to raise loans on short-term bills.

Section 85.Power of Board to take temporary loans or overdrafts.

Section 86.Power of Board to borrow money from International Bank for Reconstruction and Development or other foreign institutions.

REVENUE AND EXPENDITURE

Section 87.General account of port.

Section 88.Application of moneys in general account.

Section 89.[Omitted.].

Section 90.Establishment of reserve funds.

Section 91.Power to reserve Port Trust securities for Board’s own investments.

Section 92.Prior sanction of Central Government to charge expenditure to capital.

Section 93.Works requiring sanction of Board or Central Government.

Section 94.Powers of Chairman as to execution of works.

Section 95.Power of Board to compound or compromise claims.

Section 96.Writing off of losses.

Section 97.Powers, etc., of Board as Conservator or Body appointed under section 36 of Indian Ports Act.

Section 98.Budget estimates.

Section 99.Preparation of supplemental estimate.

Section 100.Re-appropriation of amounts in estimate.

Section 101.Adherence to estimate except in emergency.

Section 102.Accounts and audit.

Section 103.Publication of audit report.

Section 104.Board to remedy defects and irregularities pointed out in audit report.

Section 105.Central Government to decide difference between Board and auditors.

SUPERVISION AND CONTROL OF CENTRAL GOVERNMENT

Section 106.Administration report.

Section 107.Submission of statements of income and expenditure to Central Government.

Section 108.Power of Central Government to order survey or examination of works of Board.

Section 109.Power of Central Government to restore or complete works at the cost of Board.

Section 110.Power of Central Government to supersede Board.

Section 110A.Power of Central Government to supersede the Authority.

Section 111.Power of Central Government to issue directions to Board.

PENALTIES

Section 112.Every person employed by the authority of this Act to be a public servant.

Section 113.Penalty for contravention of sections 37, 38, 40 and 41.

Section 114.Penalty for setting up wharves, quays, etc., without permission.

Section 115.Penalty for evading rates, etc.

Section 116.Recovery of value of damage to property of Board.

Section 117.Other offences.

Section 117A.Person interested in contracts, etc., with the Board to be deemed to have committed an offence under section 168 of Indian Penal Code.

Section 118.Cognizance of offences.

Section 119.Offences by companies.

MISCELLANEOUS

Section 120.Limitation of proceedings in respect of things done under the Act.

Section 121.Protection of acts done in good faith.

Section 122.Power of Central Government to make rules.

Section 123.General power of Board to make regulations.

Section 123A.Power of Authority to make regulations.

Section 124.Provisions with respect to regulations.

Section 125.Power of Central Government to direct regulations to be made or to make regulations.

Section 126.Power of Central Government to make first regulations.

Section 127.Posting of certain regulations, etc.

Section 128.Saving of right of Central Government and municipalities to use wharves, etc., for collecting duties and of power of Customs Officers.

Section 129.Application of certain provisions of the Act to aircraft.

Section 130.Power to evict certain persons from the premises of Board.

Section 131.Alternative remedy by suit.

Section 132.Requirements as to publication of notifications, orders, etc., in the Official Gazette.

Section 133.Repeal.

Section 134.Power to remove difficulties.