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Central Acts and Rules Amended and Updated
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      • 1. Short title and application.
      • 2. Fees payable.
      • 3. Payment of travelling allowance.
      • 4. Payment of certain allowances to a Trustee who is a Government servant.
      • 1. Short title and application.
      • 2. Frequency of meetings of Board and place of meetings thereof, etc.
      • 3. Calling of special meetings.
      • 4. Circulation of agenda, etc.
      • 5. Discussion of items not included in the agenda.
      • 6. Poll.
      • 7. Minutes of the meeting.
      • 8. Adjournment of meetings.
      • 1. Short title and application.
      • 2. Fees payable.
      • 3. Payment of travelling allowance.
      • 4. Payment of certain allowance to a Trustee who is a Government servant.
      • 1. Short title and application.
      • 2. Frequency of meetings of Board and place of meetings thereof.
      • 3. Calling of special meetings.
      • 4. Circulation of agenda, etc.
      • 5. Discussion of items not included in the agenda.
      • 6. Poll.
      • 7. Minutes of the meeting.
      • 8. Adjournment of meetings.
      • 1. Short title and application.
      • 2. Fees payable.
      • 1. Short title and application.
      • 2. Frequency of meetings of Board and place of meetings thereof.
      • 3. Calling of special meetings.
      • 4. Circulation of agenda etc.
      • 5. Discussion of items not included in the agenda.
      • 6. Poll.
      • 7. Minutes of the meeting.
      • 8. Adjournment of meetings.
      • 1. Short Title.
      • 2. Definitions.
      • 3. Scope.
      • 4. Stevedoring Charges.
      • 5. License For Stevedores/Stevedoring.
      • 6. Change in Name, Constitution, etc. to be communicated.
      • 7. Validity/Renewal of License.
      • 8. Duties and Responsibilities of a Stevedore.
      • 9. Cancellation/Suspension of License.
      • 10. Appeal.
      • 11. Deployment of Workers From Port/License Holder or Outsider.
      • 12. Datum, Norms For Productivity etc.
      • 13. Training, Use of Modern Technology.
      • 14. Miscellaneous.
      • 15. Interpretation.
      • 16. Repeal and Savings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without licence.
      • 5. Criteria for issue of license.
      • 6. Issue of licence.
      • 7. Validity and renewal of licence.
      • 8. PerFormance Standards and tariff for stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of Traffic Manager.
      • 12. Deployment of workers of Board, Dock Labour Board, license holder or other source.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short Title and Commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Manner of Appointment.
      • 5. Schedules.
      • 6. Roster of Vacancies.
      • 7. Reservation.
      • 8. Nationality, Character, Physical Fitness etc. for Direct Recruitment.
      • 9. Eligibility of Existing Employees for Direct Recruitment.
      • 10. Advertisement of Vacancies.
      • 11. Conduct of written Skill Tests in Certain Cases.
      • 12. Services Selection Committee.
      • 13. Select List.
      • 14. Consideration of Recommendations off Services Selection Committee and Adhoc Appointments.
      • 15. Canvassing support a disqualification.
      • 16. Suppression of facts a disqualification.
      • 17. Cancellation of Appointment Order.
      • 18. Payment of Travelling Allowance for Attending Interview.
      • 19. Probation Period.
      • 20. Confirmation of Employees on Probation.
      • 21. Discharge or Reversion of Employees on Probation.
      • 22. Departmental Test For Promotion, Confirmation in Certain Cases.
      • 23. Reversion Due to Failure in Departmental Test.
      • 24. Seniority List.
      • 25. Fixation of Seniority.
      • 26. Departmental Promotion Committee.
      • 27. Field of Selection for Promotion.
      • 28. Adhoc Appointments.
      • 29. Compassionate Appointments.
      • 30. Interpretation.
      • 31. Repeal and Savings.
      • 1.
      • 2.
      • 3.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Extent of application.
      • 4. Conditions of eligibility.
      • 5. Interest-free advance.
      • 6. Amount of advance.
      • 7. Disbursement of advance.
      • 8. Recovery of advance.
      • 9. Accounts of advance.
      • 10. Interpretation of Regulations.
      • 11. Repeal and savings.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Distraint or arrest of vessels.
      • 5. Sale of distrained or arrested vessel.
      • 6. Liabilities of the buyer of the vessel.
      • 7. Repeal and Savings.
      • 1. Short title and Commencement.
      • 2. Definitions.
      • 3. Dangerous or Hazardous Cargo.
      • 4. Classification of Dangerous or Hazardous Goods.
      • 5. General acceptability of ships carrying dangerous or hazardous containers into port.
      • 6. Restriction on entry of ships carrying certain classes and quantities of dangerous or hazardous cargo.
      • 7. Advance Notification.
      • 8. Berthing.
      • 9. Stacking of dangerous or hazardous cargo containers.
      • 10. Containers containing dangerous or hazardous cargo brought to International Container Transhipment Terminal, Port Container Freight Station etc.
      • 11. Special conditions to be followed for permitting transit of Class7 Cargo.
      • 12. Container brought in for customs examination in port by road or Roll On Roll Off Barges.
      • 13. Stuffing and destuffing of containers.
      • 14. Marking and Labeling.
      • 15. Stuffing Certificate.
      • 16. General advice on receipt of containers containing dangerous or hazardous cargo for stuffing or destuffing.
      • 17. Destuffing of dangerous or hazardous cargoes.
      • 18. Limit of dangerous cargo.
      • 19. Precautions to be taken by persons handling dangerous or hazardous cargo.
      • 20. Segregation of International Maritime Organization class containers.
      • 21. International Maritime Dangerous Goods Code to apply in the absence of specific provisions.
      • 22. Contraventions of regulations.
      • 23. Standard Operating Procedures.
      • 1. Short title, application and commencement.
      • 2. Definitions.
      • 3. License and Inspection fees.
      • 4. Application for licence.
      • 5. Period of Construction of Jetties, Piers, Slipways.
      • 6. Maintenance of Jetties, Piers, Slipways.
      • 7. Removal of Jetties, Piers, Slipways.
      • 8. Cancellation of licence and taking control of jetties, slipways by the Board.
      • 9. Avoidance of obstruction to navigation.
      • 10. Security of the Jetty.
      • 11. Environmental protection.
      • 12. Fish landing.
      • 1. Short Title and Commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without License.
      • 5. Criteria for issue of License.
      • 6. Issue of License.
      • 7. Validity and renewal of License.
      • 8. Performance standards and tariff for stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of Traffic Manager.
      • 12. Deployment of workers of Board, Dock Labour Board, License holder or other source.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short title and application.
      • 2. Commencement.
      • 3. Definitions.
      • 4. Object.
      • 5. Constitution of the Fund.
      • 6. Contribution to the Fund.
      • 7. Payment in the event of death while in service.
      • 8. Administration of the Fund.
      • 9. Accounts and audit.
      • 10. Interpretation.
      • 1. Short Title and Commencement.
      • 2. Application.
      • 3. Definition.
      • 4. Manner of Appointment.
      • 5. Schedules.
      • 6. Roster of Vacancies.
      • 7. Reservation.
      • 8. Nationality, Character, Physical Fitness etc. for Direct Recruitment.
      • 9. Eligibility of Existing Employees for Direct Recruitment.
      • 10. Advertisement of Vacancies.
      • 11. Conduct of Written or Skill Tests in Certain Cases.
      • 12. Services Selection Committee.
      • 13. Select List.
      • 14. Consideration of Recommendations of Services Selection Committee and Adhoc Appointments.
      • 15. Canvassing Support a Disqualification.
      • 16. Suppression of facts a Disqualification.
      • 17. Cancellation of Appointment Order.
      • 18. Payment of Travelling Allowance for Attending Interview.
      • 19. Probation Period.
      • 20. Confirmation of Employees on Probation.
      • 21. Discharge or Reversion of Employees on Probation.
      • 22. Departmental Test for Promotion, Confirmation in Certain Cases.
      • 23. Reversion due to Failure in Departmental Test.
      • 24. Seniority List.
      • 25. Fixation of Seniority.
      • 26. Departmental Promotion Committee.
      • 27. Field of Selection for Promotion.
      • 28. Adhoc Appointments.
      • 29. Compassionate Appointments.
      • 30. Interpretation.
      • 31. Repeal and Savings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Board not responsible for any act of or default of Port officials.
      • 4. Notice of the expected arrival of a vessels.
      • 5. Allotment, occupation and vacation of berths.
      • 6. Preferential allotment of berths in public interests.
      • 7. Refusal to allot a berth.
      • 8. Master to be in command of vessels.
      • 9. Orders, etc., of the Deputy Conservator to be carried out.
      • 10. Berthing of tankers in ballast at Dry Cargo Wharf Berths.
      • 11. Vessels to be under power or assisted by tugs.
      • 12. Supply of Lines, Hawsers, etc.
      • 13. Vessel to have sufficient number of crew and appliances on board.
      • 14. Anchors to be ready.
      • 15. Stowing of Anchors.
      • 16. Projection from a vessel's side.
      • 17. Master's etc. responsibility for accidents.
      • 18. Vessel lying outside the channel to be moved.
      • 19. Vessels to be upright while berthing or unberthing.
      • 20. Masters etc. to place his vessel into her berth.
      • 21. Masters, etc., to take all precautions on board to safeguard life or property.
      • 22. Mooring, unmooring and moving vessels in Port.
      • 23. Mooring to be done properly.
      • 24. Vessel to be in charge of competent persons.
      • 25. QuarterMaster or Seaman to be kept on deck.
      • 26. Vessels propeller not to be worked.
      • 27. Anchor or other gear dropped to be recovered.
      • 28. Vessel should be properly ballasted.
      • 29. Repairing vessels.
      • 30. Goods, etc. not to be allowed to fall.
      • 31. Penalty.
      • 32. Compliance with International Convention for the prevention of Pollution from Ships (MARPOL) Regulations.
      • 33. Access to vessels.
      • 34. Fire arms.
      • 35. Master etc. of vessels responsible for damage.
      • 36. Vessels lie at risk of Master etc.
      • 37. Master's etc. responsibility for acts of crew etc.
      • 38. Board not liable for delay, etc.
      • 39. Master of vessels to report, immediately, outbreak of fire, explosion, leak or collision.
      • 40. Under water repairs.
      • 41. The sinking of any boat in the Port to be reported.
      • 42. Lighters, boats and other craft to be beached only at places assigned.
      • 43. Boat and other craft not to make fast to quays, wharves or landing places.
      • 44. Cargo work in the Port under the Traffic Manager.
      • 45. Allocation of cranes or cargo handling equipments.
      • 46. Vessel to be moored before working cargo.
      • 47. Production of vessel's papers, cargo details etc.
      • 48. Loading and unloading of cargoes likely to foul wharves.
      • 49. Shifting of vessels from their berths.
      • 50. Vessel overlapping or double banked.
      • 51. Discharge of a vessel's cargo to be under the supervision of master, etc. or stevedore and their liabilities.
      • 52. Masters, etc., and stevedores working cargoes to provide proper lights on board.
      • 53. Making up on slings and cranes not to be used under vessel's coamings.
      • 54. Use of vessel winches.
      • 55. Discharge or loading of heavy package.
      • 56. Discharge of hazardous and fragile goods.
      • 57. Supply of labour by the Board for working goods.
      • 58. Storage and shipment of export goods.
      • 59. Responsibility for import goods.
      • 60. Responsibility only for quantity of goods received.
      • 61. Issue of receipt and remark list.
      • 62. Responsibility for lost or damaged goods.
      • 63. Delivery of goods.
      • 64. Detention of goods for freight etc.
      • 65. Opening of packages by the owners.
      • 66. Packages opened at owner's risk.
      • 67. Removal of goods not shipped by parties from wharf etc.
      • 68. Handling of International Maritime Organization Class I cargo (Explosives).
      • 69. Berthing of naval vessels having explosives on board.
      • 70. Warships not to carry out repairs while at berth.
      • 71. Handling of hazardous cargo.
      • 72. Petroleum vessels.
      • 73. Bulk oil vessel discharging and loading petroleum at the Port of Cochin.
      • 74. Distance between Petroleum vessels.
      • 75. Responsible officer to be on board.
      • 76. Other precautions.
      • 77. Packed petroleum and its products.
      • 78. Prevention of escape of petroleum.
      • 79. Master Etc. of petroleum vessel responsible for damage.
      • 80. Bunkering of vessel with liquid fuel.
      • 81. Quays etc., to be under the authority of the Traffic Manager.
      • 82. Public excluded from the Port premises except on business.
      • 83. Issue of Transaction Licence.
      • 84. Trespass.
      • 85. Undesirable.
      • 86. Ships officers and crew and passengers in transit.
      • 87. Admission of visitors.
      • 88. Onus of proof.
      • 89. Motor vehicles in Port premises.
      • 90. Permission to take photographs or videography in the Port.
      • 91. Working hours.
      • 92. Refund of charges.
      • 93. Entry or Removal of vehicles, equipments, tools, appliances or any other items.
      • 94. Destruction or damage to any of the Board's property.
      • 95. Dumping of Waste.
      • 96. Obstructing officers.
      • 97. Issue of Port clearance.
      • 98. Smoking etc.
      • 99. Accessibility of vessels to Port and Police officials.
      • 100. Board not responsible for loss or damage to goods under certain circumstances.
      • 101. Board not bound to find storage space for goods.
      • 102. Penalty.
      • 103. Interpretation.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Classification dangerous goods in Jawaharlal Nehru Port.
      • 4. Handling restriction for dangerous goods in Jawaharlal Nehru Port.
      • 5. Procedure for authorization for dangerous goods.
      • 6. Restriction on handling and storage of dangerous goods.
      • 7. Packing of Dangerous Goods.
      • 8. Marking, labelling and placarding.
      • 9. Responsible person to be in charge of operation.
      • 10. Split or spoiled packages or drums or receptacles etc. to do destroyed.
      • 11. Spill recovery and clean up of dangerous goods.
      • 12. Employment of children, intoxicated person and certain other persons.
      • 13. Special provisions against accident and exclusion of unauthorised persons.
      • 14. Obligation to take precautions.
      • 15. Responsibilities of the owner or agent or Master.
      • 16. Responsibilities of the Master.
      • 17. Responsibilities of barge owner or operator.
      • 18. Responsibilities of Transporter.
      • 19. Responsibility of the driver.
      • 20. General.
      • 21. Fencing of Storage Yard.
      • 22. Decontamination.
      • 23. Handling and storage of radioactive material (IMDG Code Class 7).
      • 24. Sealing, marking and labelling of containers containing dangerous goods.
      • 25. Stowage of dangerous goods in the terminal.
      • 26. Examination Area.
      • 27. Handling of dangerous goods container in the Import direction.
      • 28. Penalties.
      • 29. Notice of accident.
      • 30. Inquiry.
      • 31. Power to Exempt.
      • 32. Change.
      • 1.
      • 2.
      • 3.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Qualifications of candidates.
      • 4. Pilot Licence.
      • 5. Conditions for joining the Pilot Service in Port.
      • 6. Training.
      • 7. Subjects of Examination.
      • 8. Examination Committee.
      • 9. Failure to pass Examination.
      • 10. Issue of Licence.
      • 11. Classification of Pilots.
      • 12. Duties of Pilots.
      • 13. Dock Masters to do duties at Shore Station.
      • 14. The Pilot Station and the Shore Station.
      • 15. Operational Control of Pilots.
      • 16. Boarding inward bound - vessels, etc.
      • 17. Power to direct Pilots to take charge of a Vessel of higher tonnage in certain circumstances.
      • 18. Harbour Master to Regulate Attendance of Pilots on Vessels.
      • 19. Pilots to obey the order of the Authority.
      • 20. Pilots Behaviour.
      • 21. Pilots to obtain certificate of service performed by them.
      • 22. Pilots to go on board vessels in good time.
      • 23. Pilots to see that vessel and her equipment are in order.
      • 24. Pilot to acquaint with the movement of vessels.
      • 25. Commencement of Pilot's outward duties.
      • 26. Termination of Pilot's outward duties.
      • 27. Commencement of Pilot's Inward duties.
      • 28. Termination of Pilot's inward duties.
      • 29. Moving of Vessel.
      • 30. Pilots to report on landing.
      • 31. Pilots not to bring vessels into dock when the signal is against him.
      • 32. Pilots when on duty to carry with them their licence, etc.
      • 33. Loss of Licence.
      • 34. Pilots to give information of any alterations in navigational marks, etc.
      • 35. Pilots to report casualties.
      • 36. Pilots to ascertain quarantine and security compliance.
      • 37. Log Book to be kept at control (Signal) station.
      • 38. Senior Pilots to give instructions to subordinate Pilots, Junior Pilots and Probationary Pilots.
      • 39. Pilots giving evidence.
      • 40. Pilot's examination of charts.
      • 41. Pilot's uniform.
      • 42. Pilot to be provided with proper food and resting accommodation.
      • 43. Interpretation.
      • 44. Repeal and Savings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Scope.
      • 4. Issue of stevedoring licenses.
      • 5. Production of evidence of capacity to do stevedoring work.
      • 6. Duties and responsibilities of stevedore.
      • 7. Applications for grant/renewal of licence.
      • 8. Power of Chairman to suspend a licence pending enquiry.
      • 9. Cancellation, suspension of licence.
      • 10. Appeal.
      • 11. Deployment of workers form Port/Licence holder or Outside.
      • 12. Datum, Norms for Productivity, etc.
      • 13. Training, use of Modern Technology.
      • 14.
      • 15. Repeal.
      • 1. Short Title.
      • 2. Eligibility.
      • 3. Definitions.
      • 4. Medical Attendance.
      • 5. Medical Treatment.
      • 6. Other Medical Facilities.
      • 7. Procedure for sanctioning claims for Reimbursement of medical attendance/ Treatment charges.
      • 8. Medical Advance.
      • 9. Concessions for Families.
      • 10. T.A. for Medical Attendance & Treatment.
      • 11. Procedure for payment to approved hospital.
      • 12. Interpretation.
      • 13. Power to relax.
      • 14. Repeal and Saving.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without licence.
      • 5. Criteria for issue of licence.
      • 6. Issue of licence.
      • 7. Validity and renewal of licence.
      • 8. Performance Standards and tariff for Stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of Traffic Manager or General Manager (Traffic).
      • 12. Deployment of workers of Board, Dock Labour Board, licence holder or other sources.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short title and commencement.
      • 2.
      • 3.
      • 1. Zone "A" shall comprise the area falling within the following limits, namely
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Existing Rules to continue.
      • 5. Form of receipt.
      • 6. Period of Notice.
      • 1. Short title and application.
      • 2. Definitions.
      • 3. Fees payable.
      • 4. Payment of travelling allowances.
      • 1. Short title and application.
      • 2. Definitions.
      • 3. Frequency of meetings.
      • 4. Calling of special meetings.
      • 5. Circulation of agenda papers.
      • 6. Discussion of items not included in the agenda.
      • 7. Poll.
      • 8. Minutes of the meeting.
      • 9. Adjournment of meetings.
      • 1. Short title, commencement and application
      • 2. Definitions
      • 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 Trustee
      • 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
      • 23. Schedule of Board's staff
      • 24. Power to make appointments
      • 25. Power to promote, grant leave, etc., to employees of Board
      • 26. Consulting Engineer to Board
      • 27. Power to create posts
      • 28. Power to make regulations
      • 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
      • 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 Sea 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
      • 47-A. Constitution and incorporation of Tariff Authority for Major Ports
      • 47-B. Term of office, conditions of service, etc., of Chairperson and other Members
      • 47-C. Disqualification for the office of Chairperson and Member
      • 47-D. Removal, etc., of Chairperson and Members
      • 47-E. Meetings
      • 47-F. Authentication of all orders and decisions of the Authority
      • 47-G. Vacancy, etc., not to invalidate proceedings of the Authority
      • 47-H. officers and employees of the Authority
      • 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
      • 49-A. Fees for pilotage and certain other services
      • 49-B. Fixation of port-dues
      • 50. Consolidated rates for combination of services
      • 50-A. Port-due on vessels in ballast
      • 50-B. Port-due on vessels not discharging or taking in cargo
      • 50-C. Publication of orders of Authority
      • 51. Power to levy concessional rates in certain cases
      • 52. Prior sanction of Central Government to rates and conditions
      • 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. Authority 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
      • 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
      • 74-A. Recognition as holder of Port Trust securities in certain cases
      • 74-B. Legal effect of recognition by the Board under section 74-A
      • 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
      • 87. General account of port
      • 88. Application of moneys in general account
      • 89. Power to transfer moneys from general account to pilotage account and vice versa
      • 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 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
      • 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
      • 110-A. Power of Central Government to supersede the Authority
      • 111. Power of Central Government to issue directions to Board
      • 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
      • 117-A. Person interested in contracts, etc., with the Board to be deemed to have committed an offence under section 168 of the Indian Penal Code
      • 118. Cognizance of offences
      • 119. offences by companies
      • 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
      • 123-A. 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
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Establishment of the Fund.
      • 4. Administration of the Fund.
      • 5. Expenditure from the Fund.
      • 6. Disbursement of the Fund.
      • 7. Investment of the Fund.
      • 8. Interpretation.
      • 1. Short title and commencement.
      • 2. Applications.
      • 3. Definitions.
      • 4. Eligibility.
      • 5.
      • 6.
      • 7.
      • 8.
      • 9.
      • 10.
      • 11.
      • 12.
      • 13.
      • 14.
      • 15.
      • 16.
      • 17.
      • 18.
      • 19.
      • 20.
      • 21.
      • 22. Hostel subsidy.
      • 23.
      • 24.
      • 25.
      • 26.
      • 27.
      • 28.
      • 29.
      • 30. Interpretation of regulations.
      • 31. Repeal and savings.
      • 32. Central government orders/instructions /rules to be followed in the application of these regulations.
      • 1. Short Title and Commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Existing rules to continue.
      • 5. Form of receipt.
      • 6. Period of notice.
      • 1. Short Title And Application.
      • 2. Definitions.
      • 3. Fees Payable.
      • 4. Payment Of Travelling Allowances.
      • 1. Short Title and Application.
      • 2. Definitions.
      • 3. Frequency of Meetings.
      • 4. Calling of Special Meetings.
      • 5. Circulation of the Agenda Papers.
      • 6. Discussion of items not included in the Agenda.
      • 7. Poll.
      • 8. Minutes of the Meeting.
      • 9. Adjournment of Meetings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Qualifications of candidates.
      • 4. Pilot Licence.
      • 5. Conditions for joining the Pilot service in Port.
      • 6. Training.
      • 7. Subjects of Examination.
      • 8. Examination Committee.
      • 9. Failure to pass examination.
      • 10. Issue of Licence.
      • 11. Classification of Pilots.
      • 12. Pilot boarding or disembarkation at the entry point of the Port including identification of Pilot Launch or Vessel.
      • 13. Dock Masters to do duties at Shore Station.
      • 14. The Pilot Station and Shore Station.
      • 15. Operation Control of Pilots.
      • 16. Boarding Inward bound vessels, etc.
      • 17. Power to direct Pilots to take charge of a vessel of higher tonnage in certain circumstances.
      • 18. Regulation of Pilots on vessels.
      • 19. Pilots to obey the orders of the authority.
      • 20. Pilot's behaviour.
      • 21. Pilots to obtain certificate of services performed by them.
      • 22. Pilot to go on board vessels in good time.
      • 23. Pilots to see that vessel and her equipment are in order.
      • 24. Pilot to acquaint with the movement of vessels.
      • 25. Commencement of Pilot's outward duties.
      • 26. Termination of Pilot's outward duties.
      • 27. Commencement of Pilot's inward duties.
      • 28. Termination of Pilot's inward duties.
      • 29. Moving of Vessels.
      • 30. Pilots to report on landing.
      • 31. Pilot not to bring vessels into dock when the signal is against him.
      • 32. Pilot when on duty to carry with him his licence, etc.
      • 33. Loss of licence.
      • 34. Pilots to give information of any alternations in navigational marks, etc.
      • 35. Pilots to report casualties.
      • 36. Pilot to ascertain quarantine and security compliance.
      • 37. Log book to be kept at Control Station.
      • 38. Senior Pilots to give instructions to Junior Pilots and Probationary Pilots.
      • 39. Pilots giving evidence.
      • 40. Pilot's examination of charts.
      • 41. Uniform.
      • 42. Interpretation.
      • 43. Repeal and Savings.
      • 1. Short Title.
      • 2. Definitions.
      • 3.1.
      • 4. Duties and Responsibilities of a Stevedore.
      • 5. Submission of Application.
      • 6.
      • 7.
      • 8.
      • 9.
      • 10.
      • 11.
      • 12.
      • 13. Appeal.
      • 14. Deployment of Workers From Port/ DLBS/ License Holder or Outside.
      • 15. Training, Use of Modern Technology.
      • 16.
      • 17. Repeal and Saving.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Constitution of the Fund.
      • 4. Administration of the Fund.
      • 5. Expenditure from the Fund.
      • 6. Disbursement of the Fund.
      • 7. Ceiling of the Fund.
      • 8. Investment of the Fund.
      • 9. Interpretation.
      • 1.0 Short Title and Commencement.
      • 2.0 Application.
      • 3.0
      • 4.0 Definitions.
      • 5.0 Classification of Dangerous Goods.
      • 6.0 Arrival of the vessel.
      • 7.0 Deposit.
      • 8.0 Grant of Permit.
      • 9.0 Commencement of cargo handling.
      • 10.0 Responsibilities of the Master.
      • 11.0 Responsibilities of Owner/ Agent.
      • 12.0 Obligation to take precautions.
      • 13.0 Determination of Categories of new Substances.
      • 14.0 Responsibility of Barge Owner/Operator.
      • 15.0 General Provisions.
      • 16.0 Power to exempt.
      • 17.0 Penalties.
      • 18.0
      • 19.0
      • 20.0
      • 21.0
      • 22.0 Precautions for Handling of Cylinders.
      • 23.0
      • 24.0
      • 25.0
      • 26.0
      • 27.0
      • 28.0
      • 29.0 Definition.
      • 30.0
      • 31.0
      • 32.0
      • 33.0
      • 34.0
      • 35.0
      • 36.0
      • 37.0
      • 38.0
      • 39.0
      • 40.0 Definition.
      • 41.0
      • 42.0
      • 43.0
      • 44.0
      • 45.0
      • 46.0
      • 47.0
      • 48.0
      • 49.0
      • 50.0
      • 51.0
      • 52.0 Definition.
      • 53.0
      • 54.0
      • 55.0
      • 56.0
      • 57.0
      • 58.0
      • 59.0
      • 60.0
      • 61.0
      • 62.0
      • 63.0
      • 64.0
      • 65.0
      • 66.0
      • 67.0
      • 68.0
      • 69.0 Definition.
      • 70.0
      • 71.0
      • 72.0
      • 73.0
      • 74.0
      • 75.0
      • 76.0
      • 77.0
      • 78.0
      • 79.0
      • 80.0 De-Contamination.
      • 81.1
      • 82.0 Definition.
      • 83.0
      • 84.0
      • 85.1
      • 86.0 Definition.
      • 87.0
      • 88.0
      • 89.0
      • 90.0
      • 91.0
      • 92.0
      • 93.0
      • 94.0
      • 95.0
      • 96.0 Definition.
      • 97.0
      • 98.0
      • 1. Short Title And Commencement.
      • 2. Application.
      • 3. Definition.
      • 4. Manner of Appointment.
      • 5. Schedules.
      • 6. Roster of Vacancies.
      • 7. Reservation.
      • 8. Nationality, Character, Physical Fitness etc. for Direct Recruitment.
      • 9. Eligibility of Existing Employees for Direct Recruitment.
      • 10. Advertisement of Vacancies.
      • 11. Conduct of Written or Skill Tests in certain cases.
      • 12. Services Selection Committee.
      • 13. Select List.
      • 14. Consideration of Recommendations of Services Selection Committee and HOC appointments.
      • 15. Canvassing support a disqualification.
      • 16. Suppression of facts a disqualification.
      • 17. Cancellation of appointment order.
      • 18. Payment of Travelling Allowance for attending Interview.
      • 19. Probation Period.
      • 20. Confirmation of Employees on Probation.
      • 21. Discharge or reversion of employees on probation.
      • 22. Departmental Test for Promotion, Confirmation in certain cases.
      • 23. Reversion due to failure in departmental test.
      • 24. Seniority List.
      • 25. Fixation of Seniority.
      • 26. Departmental Promotion Committee.
      • 27. Field of selection for promotion.
      • 28. Adhoc appointments.
      • 29. Compassionate Appointments.
      • 30. Interpretation.
      • 31. Repeal And Savings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Scope/Period of Issue/Renewal of Stevedoring License.
      • 4. Stevedoring Charges.
      • 5. License for Stevedores/Stevedoring.
      • 6. Production of evidence of stevedoring work done.
      • 7. Issue of new stevedoring License.
      • 8. Duties and responsibilities of stevedore.
      • 9. Change in name/constitution etc. to be communicated.
      • 10. Validity/Renewal of licence.
      • 11. Power of Chairman to suspend a licence pending enquiry.
      • 12. Cancellation/Suspension of Licence.
      • 13. Appeal.
      • 1.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without licence.
      • 5. Criteria for issue of license.
      • 6. Issue of licence.
      • 7. Validity and renewal of licence.
      • 8. Performance Standards and tariff for stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of Traffic Manager.
      • 12. Deployment of workers of Board, Dock Labour Board, license holder or other source.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short title and commencement.
      • 2.
      • 3.
      • 1.
      • 2.
      • 1.
      • 2.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Existing rules to continue.
      • 5. Form of receipt.
      • 6. Period of responsibility.
      • 1. Short Title and Commencement.
      • 2. Definition.
      • 3. Scope.
      • 4. Issue of Stevedoring Licence.
      • 5. Production of Evidence of Stevedoring work done/Capacity to do such work.
      • 6. Duties and responsibilities of stevedores.
      • 7. Application for grant/renewal of licence.
      • 8. Suspension of Licenses.
      • 9. Appeal.
      • 10.
      • 11. Repeal.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without licence.
      • 5. Criteria for issue of licence.
      • 6. Issue of licence.
      • 7. Validity and renewal of licence.
      • 8. Performance standards and tariff for stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of traffic manager.
      • 12. Deployment of workers of Board, management committee, Paradip Port, licence holder or other source.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short title.
      • 2. Fees payable.
      • 3. Payment of travelling allowances.
      • 1. Short title and commencement.
      • 2. Frequency of meetings.
      • 3. Calling of special meetings.
      • 4. Circulation of agenda papers.
      • 5. Discussion of items not included in the agenda.
      • 6. Poll.
      • 7. Minutes of the meeting.
      • 8. Adjournment of meetings.
      • 1. Short Title and Commencement.
      • 2. Application.
      • 3. Definition.
      • 4. Manner of Appointment.
      • 5. Schedules.
      • 6. Roster of Vacancies.
      • 7. Reservation.
      • 8. Nationality, Character, Physical Fitness etc. for Direct Recruitment.
      • 9. Eligibility of Existing Employees for Direct Recruitment.
      • 10. Advertisement of Vacancies.
      • 11. Conduct of Written or Skill Tests in Certain Cases.
      • 12. Services Selection Committee.
      • 13. Select List.
      • 14. Consideration of Recommendations of Services Selection Committee and Adhoc Appointments.
      • 15. Canvassing Support a Disqualification.
      • 16. Suppression of facts a Disqualification.
      • 17. Cancellation of Appointment Order.
      • 18. Payment of Travelling Allowance for Attending Interview.
      • 19. Probation Period.
      • 20. Confirmation of Employees on Probation.
      • 21. Discharge or Reversion of Employees on Probation.
      • 22. Departmental Test for Promotion, Confirmation in Certain Cases.
      • 23. Reversion due to Failure in Departmental Test.
      • 24. Seniority List.
      • 25. Fixation of Seniority.
      • 26. Departmental Promotion Committee.
      • 27. Field of Selection for Promotion.
      • 28. Adhoc Appointments.
      • 29. Compassionate Appointments.
      • 30. Interpretation.
      • 31. Repeal and Savings.
      • 1. Short Title and Commencement.
      • 2. Extent of Application.
      • 3. Contribution.
      • 4. Registration.
      • 5. Scope.
      • 6. Expenditure on the Regulations.
      • 7. Penalty.
      • 8. Miscellaneous.
      • 9. Interpretation.
      • 10.
      • 1. Short title.
      • 2. Scope & Applicability.
      • 3. Definitions.
      • 4. Issue of Stevedoring license.
      • 5. Duties and responsibilities of stevedore.
      • 6. Stevedoring Charges.
      • 7. Validity/Renewal of license.
      • 8. Change in name, constitution, etc. to be communicated.
      • 9. Cancellation/Suspension of Stevedoring License.
      • 10. Appeal.
      • 11. Other Miscellaneous.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Issue of Stevedoring and Shore Handling License.
      • 5. Validity and Renewal of Stevedoring and Shore Handling License.
      • 6. Migration to the New Stevedoring and Shore Handling Scheme.
      • 7. Change in the name, constitution, to be communicated.
      • 8. Stevedoring and Shore Handling Charges.
      • 9. Duties and responsibilities of Stevedoring and Shore Handling Agent.
      • 10. Cancellation or Suspension of license.
      • 11. Appeal.
      • 12. Deployment of workers from Port/CHD/License Holder or outside.
      • 13. Performance Norms.
      • 14. Training, Use of Modern Technology.
      • 15. Interpretation.
      • 1. Short Title and Commencement.
      • 1. Short title and commencement.
      • 2.

The Mumbai Port Trust (Pension Fund) Regulations, 2004

Published vide Notification No. G.S.R. 341(E), dated 21st May 2004

Act2554

Ministry of Shipping

(Ports Wing)

G.S.R. 341(E). - In exercise of the powers conferred by Sub-Section (1) of Section 124, read with Sub-Section (1) of Section 132 of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby approves the Mumbai Port Trust (Pension Fund) Regulations, 2004 made by the Board of Trustees of Mumbai Port Trust as set out in the Schedule annexed to this Notification.

The said Regulations shall come into force from the date of publication of this Notification in the Official Gazette.

Schedule

In exercise of the powers conferred by clause (b) of section 28 of Major Port Trusts Act, 1963 (38 of 1963), the Board of Trustees of the Port of Mumbai, with the approval of the Central Government, as required by sub-section (1) of section 124 of the said Act, hereby makes the following regulations.

1. Short title and commencement. - (1) These regulations may be called the 'Mumbai Port Trust (Pension Fund) Regulations, 2004'.

(2) They shall come into force from the date of notification in the Gazette of India.

2. Definitions. - In these regulations, unless the context otherwise requires :-

(a) "Act" means the Major Port Trusts Act, 1963 (38 of 1963);

(b) "Board" means the Board of Trustees for the Port of Mumbai;

(c) "Chairman" means the Chairman of the Board;

(d) "Deputy Chairman" means 'Deputy Chairman' of the Board;

(e) "Financial Adviser and Chief Accounts Officer" means the Financial Adviser and Chief Accounts Officer of the Board, or such other officer or officers of the Accounts Department as may be nominated by the Chairman from time to time for any specified purpose or purposes;

(f) "Secretary" means the Secretary of the Board or such other officer or officers of Secretary's Department as may be nominated by Chairman from time to time for any specified purpose or purposes;

(g) "Trustees on the Board representing port labour" means the Trustees appointed by the Ministry of Shipping from time to time to represent port labour;

(h) "Employee" means employee of the Board whether permanent or temporary who has retired or superannuated or resigned or died or medically incapacitated from the service under the Board or whose services have been terminated by dismissal or removal or compulsorily retired by the Competent Authority of the Board but does not include any permanent or temporary employee of the Central or State Government or a local body or other authority on deputation with the Board;

(i) "Fund" means the Mumbai Port Pension Fund constituted under regulation 3 below;

(j) "General Account" means the general account of the Board;

(k) "Pension Regulations" means all rules in the Bombay Port Trust Pension Regulations and orders of the Central Government as may be issued from time to time to provide pensions, gratuity and commutation of pension, family pension and ex-gratia pension;

(l) "Provident Fund Regulations" mean all provisions in the Bombay Port Trust Rules of the Provident Fund as amended from time to time to provide for Board's Special Contribution to Provident Fund Account of employees subscribing to the Contributory Provident Fund;

(m) "The Trustees" means the first Trustees of the Pension Fund or the survivors or survivor of them or other Trustees or Trustees for the time being hereof;

(n) "Trust" means the Trust under which the Pension Fund is hereby established.

3. Constitution of the Fund. - A fund to be called as 'Mumbai Port Trust Pension Fund' shall be formed after creating an irrevocable Pension Fund Trust Deed to which the following shall be credited.

(a) Accumulated balance in Pension Fund not exceeding initial contributions specified in Rule 88 of Income Tax Rules, 1962.

(b) Such annual contribution from the General Account as the Chairman may decide, but not exceeding ordinary annual contribution specified in Rule 87 of Income Tax Rules, 1962 for meeting the future liability of payments on account of payment of pension, commuted value of pension death-cum-retirement gratuity/gratuity payable under payment of Gratuity Act, 1972, family pension, arrears on account of consolidation and/or review of pension, special contribution to PF A/c. in respect of employees governed by the Contributory Provident Fund Scheme, ex-gratia pension and payment as enumerated in Regulation 5 below.

(c) Interests and profit on investments belonging to the fund.

(d) Accumulated Board's contribution in respect of employees governed by contributory Provident Fund Scheme whose cases are settled under Pension Scheme.

(e) Refund of any excess payment of pension etc. as may be recovered or refunded

(f) Any other amount made over to the fund by way of gift or donation.

(g) Other receipts.

4. Administration of the Fund. - The Fund shall be administered by the Pension Fund Trust Chairman, Dy. Chairman, Financial Adviser and Chief Accounts Officer, Secretary and two Trustees on the Board representing the port labour shall be the first Trustees of the Pension Fund Trust as per the Trust Deed annexed to these regulations.

5. Expenditure from the Fund. - Expenditure may be incurred out of the Fund for one or more of the following purposes, namely:-

(a) Payment of pension and family pension and periodical relief thereon as admissible under the Pension Regulations to the employees or their family members or their dependants/legal heirs as the case may be.

(b) Payment of gratuity, death-cum-retirement gratuity/gratuity payable under payment of Gratuity Act, 1972 as may be admissible under the pension regulations to the employees or their family members or their dependants/legal heirs as the case may be.

(c) Payment of lumpsum commuted value of pension payable to the pensioner as admissible under the pension regulations;

(d) Arrears on account of consolidation and/or review of pension.

(e) Payment of special contribution to employees covered by the Contributory Provident Fund Scheme on retirement, death or on quitting service as the case may be and as admissible under the Provident Fund Regulations.

(f) Any other retirement/terminal benefits payable to employees including ex-gratia pension and payment.

6. Disbursement of the Fund. - Disbursement shall be made out of the Fund to the employees or their family members or their dependants/legal heirs as per the provisions of the pension regulations under specific sanction of the Chairman or Deputy Chairman or Financial Adviser and Chief Accounts Officer or Dy. Chief Accounts Officer or any other officer of the Accounts Department authorised for this purpose by the Trustees of Pension Fund.

7. Ceiling of the Fund. - The maximum amount that may be accumulated in the Fund will be decided by the Trustees of Pension Fund Trust from time to time on the basis of actuarial valuation of liabilities towards payment of (i) pension, (ii) gratuity, (iii) death-cum-retirement gratuity, (iv) family pension, (v) ex-gratia pension, etc.

8. Investment of the Fund. - All monies contributed to the fund or received or accrued by way of interest or otherwise to the Pension Fund shall, within 15 days from the date of contribution receipt of accrual as the case may be, be deposited in a scheduled bank excluding the requirement from time to time which may be kept as cash for meeting the expenses of the Trust. All monies that are not immediately required for the purpose of the fund shall from time to time, be invested in accordance with Rule 85 read with Sub-rule (2) of Rule 67 and Rule 89 of Income Tax Rules, 1962, as may be amended from time to time, provided that the principal so invested and the interest thereon are payable in India.

9. Interpretation. - If any question arises relating to the interpretation of these regulations, the same shall be referred to Board of Trustees for decision.

Annexure

Trust Deed-Mumbai Port Trust Pension Fund

This Deed of Trust is executed at Mumbai on this day of January 2004, between the Board of Trustees of Port of Mumbai incorporated under Bombay Port Trust Act, 1873 and thereafter governed by Bombay Port Trust Act 1879 and now governed under the Major Port Trust Act, 1963 as amended by Major Port (amended) Act 1974 having its office at Port House, S.V. Road, Ballard Estate, Mumbai-400001 (hereinafter called "The Board" which expressions shall where the context so admits include its successors and assigns) of the First Part and

(1) Chairman, Mumbai Port Trust, Ex-officio

(2) Dy. Chairman, Mumbai Port Trust, Ex-offcio

(3) Financial, Adviser & Chief Accounts Officer, Mumbai port Trust, Ex-officio and

(4) Secretary, Mumbai Port Trust, Ex-officio

(5) Two Trustees on the Board representing the Port Labour

hereinafter referred to as the Trustees which expression shall, where the context so admits or requires include their successors and assigns of the Trustee on the Second Part.

Whereas the Board has been in existence and providing the port services for over a century and was conferred with the exemption from income tax as per the provisions of Section 10(20) of the Income Tax Act, 1961 which has been withdrawn with effect from 1.4.2002 by the Finance Act, 2002.

Whereas the Board is employing about 17021 employees and at present paying pension to about 26845 pensioners as on 31.3.2003.

And Whereas the Board is liable to pay pension to its ex-employees in accordance with Mumbai Port Trust Employees (Pension) Regulations.

Whereas the Board is having a Pension Fund created under Section 22(6A)(a) of Bombay Port Trust Act, 1879 for providing benefits to its officers/employees after their retirement and termination from their services as sanctioned by the Board by TR No. 937 of 1965 at its meeting held on 5.10.1965 and sanctioned by the Ministry of Surface Transport, Government of India by its letter No. 8-PE(42)/65 dated 4.11.1966 and has sanctioned by TR No. 137 at its meeting held on 11.9.2002 Mumbai Port Trust (Pension Fund) Regulations, 2002 and has also sanctioned by TR No. 5 at its meeting held on 13.1.2004, the amendments proposed to MbPT (Pension Fund) Regulations, 2002 and the creation of an irrevocable Trust for the said purpose subject to Central Government sanction.

Whereas it has become necessary for the Trust to obtain the registration and approval of the Income Tax Department under the provisions contained in Schedule IV of the Income Tax Act, 1961 and accordingly this Trust Deed is executed for applying for and to obtain the registration and approval of the Income Tax Department for its existing Pension Fund .

"The Fund" shall mean the Mumbai Port Trust Pension Fund (hereinafter referred to as "The Fund") the operation of which shall be governed primarily by these presents.

Whereas the Trustees have agreed to act as Trustees of the Fund as per the terms of these presents and in accordance with the Rules and Regulations.

Now This Deed Witnesseth That;

Administration of Fund

1. Trust is Irrevocable : These presents shall constitute a Trust upon which the Trust shall be Irrevocable and no moneys belonging to the Fund in the hands or the Trustees shall be recoverable by the Board, except as provided in the Rules.

2. Rules : The Fund shall be governed by the Rules and any reference to the Rules in these presents shall mean the Mumbai Port Trust (Pension Fund) Regulations 2002 and Mumbai Port Trust Employees (Pension) Regulations for the time being in force and amendments thereto issued by the Ministry of Shipping, Government of India from time to time which shall be binding on the employees, their Nominees and the Trust.

3. Definition : All words and expressions to which special meaning have been given in the Rules have the same meanings wherever they appear in these presents.

4. Date of Commencement : The Fund shall be deemed to have taken effect from the date of sanction of Government to Mumbai Port Trust (Pension Fund) Regulations 2002.

5. The Fund : The funds as on 1.4.2003 shall consist that of the balance of Pension Fund mentioned in the Balance sheet of the Board as on 31.3.2003, annexed to this Deed. The Trust Fund shall be vested with the Trustees. The Trustees shall have the entire custody, management and control of the Fund and shall decide all differences or disputes which may arise under these presents or under the Rules or disputes which may arise under these presents or under the Rules either as to the interpretation thereof or as to the rights and obligations of the Board or of the employees, the beneficiaries or of their nominees and the decision of the Trustees in all cases shall be final and binding on all parties concerned. Provided further that if the decisions have any bearing on the provisions of the Income Tax Act, 1961 or the Income Tax Rules 1962, it shall be forthwith reported to the Commissioner of Income Tax and if so required by him the Trustees shall review the decision. The Funds shall comprise of contributions from the Board, accumulations of such contribution, interest credited on such accumulations, securities acquired and capital gains, if any, from transfer of capital assets of the Fund.

6. Board to make contribution : The Board agrees to make the contributions to the Fund as provided in the Rules and also based on the actuarial valuation done by Life Insurance Corporation or any consulting actuaries registered with Actuarial Society of India to meet future liabilities and the Trustees shall utilize the same for payment of pension in accordance with the Rules.

7. Board to furnish all information and to pay all the expenses of Administration of the Fund : The Board further agrees to furnish to the Trustees all particulars regarding the employees and such other information as may be in the possession of the Board as the Trustees may require for the purposes of providing benefits under the Fund. All expenses incurred by the Trustees in connection with the administration of the Fund including the remuneration of a Secretary, if any or of a person to be employed by the Trustees and the audit fees shall be borne by the Board.

8. Power to amend the Fund by Trustees : The Trustees may at any time by a resolution in writing signed by not less than two of them and after obtaining the approval of the Board, the Ministry of Shipping, Government of India and the Commissioner of Income Tax, amend or modify the Fund.

Provided that no such alteration or variation shall be inconsistent with the main objects of the Fund nor shall such alteration or variation in any way prejudice the rights or Interests of any employee or his nominee. Provided further that any such alteration or variation shall become effective only with the consent of the Commissioner of Income Tax.

9. Board's rights in amending the rules of the Fund : The Board is entitled to bring in changes, amendments, or modifications in the Rules of the Fund with the consent of the Ministry of Shipping, Government of India and it shall be lawful for the Trust to give effect to the amendments with the approval of the Commissioner of Income Tax.

Provided that no notice is required to be given to the Trustees if the Commissioner of Income Tax requires as a condition for approval of the fund any amendment to be made taking effect from the date of commencement of the Fund.

10. Trustees to carry out the directions of the Board : The Trustees shall comply with and carry out such directions as evidenced by Resolutions of the Board as may be given to them by the Board from time to time in relation to any matter with respect to which the Board has power under this deed or under the Rules.

11. Payment of Pension and Pensionary benefits : On behalf of the Board the Trustees shall provide for the payment of Pension and Pensionary benefits on termination of service or death or retirement of the employees or otherwise as provided in the Rules of the Fund. It is expressly provided that all benefits granted by the Funds shall be payable only in India.

12. Trustees Liability : The Trustees shall not at any time be made liable for more moneys than shall have actually come into their hands or for any sums exceeding the amount payable under the Rules. The Trustees shall be entitled to be indemnified by the Board against all proceedings, costs and expenses occasioned in connection with the Fund not arising from their willful negligence or dishonesty. The Trustees shall not be responsible for the correct calculation, recovery or of the contribution payable by the Board nor shall the Trustees be bound at the request of an employee or otherwise to take any proceedings against the Board for money which such employees may consider should have been paid by the Board to the Trustees on such employees accounts. It shall not be obligatory on the Trustees to take any legal proceedings against a Co-Trustee for any unlawful act committed by him/her which leads to a financial loss to the Fund.

13. Accounts : The accounts of the Fund shall be maintained in India and shall contain such particular and in such form as the Trustees shall think proper and as required by law of all financial transactions of the Fund. The financial statements of the Fund shall be prepared on financial year basis and the same shall be audited by the Comptroller and Auditor General of India.

The Comptroller and Auditor General of India shall have access to all books, papers, vouchers, accounts and documents connected with the Fund and shall in writing report to the Trustees on the receipts and payments accounts. A copy of the audited accounts shall be furnished to the Board.

Tax Audit shall be carried out as per the provisions of Income Tax Act, 1961.

Provisions Regarding Trustees

14. Number of Trustees : The number of Trustees shall be at least 6 and only individual(s) resident in India can be appointed as Trustee(s).

15. Appointment of Trustees to be made by the Board : The power of appointing the Trustees shall be vested with the Board which shall while making such appointments observe the limitations laid down in these presents and the Board shall also have power to fill up at any time any vacancy in the number of Trustees and to remove a Trustee by giving seven days notice in writing to the Trustees at his/her last known address and to the continuing Trustees. The Trust shall be under no obligation to fill the vacancy occasioned in respect of any Trustee so removed or any other vacancy, in the number of Trustees.

16. Retirement of Trustees : A Trustee may retire at anytime on giving seven days notice in writing to the Board and to the Chairman of the Trustees of the Fund of his/her desire to retire.

The office of Any Trustee shall be vacated if the Trustee being an employee ceases to be in the service of the Board or if he shall permanently leave India or for reasons of illness or infirmity or mental incapacity has become incompetent or incapable to act in the opinion of the other Trustees.

17. Meeting of the Trustees and quorum : The Trustees may meet together for conduct of business and adjourn and otherwise regulate their meetings and proceedings as they may think fit. Two Trustees present at the meeting shall be a quorum.

18. Voting at meeting : The Board shall nominate one of the Trustees to be the Chairman of the Trustees of the Fund. The Chairman, Mumbai Port Trust, ex-officio shall be Chairman of the Trustees of the Fund. The Board shall also nominate a Trustee to be the Deputy Chairman who shall act in the absence of the Chairman and exercise all the powers of the Chairman. Each Trustee present at the meeting shall be entitled to one vote on any matter arising thereat and in case of equality of votes the Chairman shall have second or casting vote.

19. Decision by majority : All matters considered at the meeting shall be decided by a majority of votes. The Trustees shall be at liberty to pass a resolution without any meeting of the Trustees, provided that such resolution shall be evidenced in writing and passed by majority after being circulated.

20. Trustees' power to appoint a Secretary : The Trustees shall have power to appoint anyone of the Trustees to act as a Secretary of the Fund and the said Secretary may be vested with such power for management of the Trust as the Trustees may from time to time in their absolute discretion determine. The Financial Adviser and Chief Accounts Officer, Mumbai Port Trust, ex-officio shall act as Secretary of the Fund. For smooth functioning, the Secretary shall delegate powers to the Deputy Chief Accounts Officer/Accounts Officers of the Accounts Department who shall be authorized for the same. With the consent of the Board the Trustees shall be empowered to employ any person(s) to do any legal accounting or other work which they may consider necessary or expedient in connection with the management of the Fund or the assets thereof. It is however provided that no Trustee of the Fund shall be paid any remuneration for such services.

21. Signing of receipts, cheques and correspondence : All correspondence in relation to the operation of this Fund may be conducted by the Chairman or in his absence by the Deputy Chairman and in the absence of both by the Secretary. Receipts for money received may be signed by the Secretary or by the Deputy Chief Accounts Officer authorised by him in this behalf and in the absence of both by the Accounts Officer authorised for the same. Cheques on the new bank account for managing financial transactions relating to Pension Fund may be drawn and signed by the Chairman or the Deputy Chairman or by the Secretary of the Fund or the Deputy Chief Accounts Officer or any other Officer of the Accounts Department, Mumbai Port Trust authorised for the same. The Chairman or Deputy Chairman or the Secretary of the Fund or the Deputy Chief Accounts Officer or any other officer of the Accounts Department, Mumbai Port Trust shall operate the new bank account for managing financial transactions relating to Pension Fund.

22. Absence of a Trustee and power of remaining Trustees : If any Trustee or Trustees shall be temporarily absent from India the Trustee who shall remain in India shall during such absence have full powers to act under the Trust thereof as if they were the only Trustees of these presents.

23. Investment of Fund Moneys : All monies contributed to the Fund or received or accrued by way of interest or otherwise to the Pension Fund shall, within 15 days from the date of contribution, receipt of accrual as the case may be, be deposited in a Scheduled Bank, excluding the requirement from time to time which may be kept as cash for meeting the expenses of the Trust. All monies that are not immediately required for the purpose of the Fund shall from time to time, be invested in accordance with Rule 85 read with sub-rule (2) of Rule 67 and Rule 89 of Income Tax Rules, 1962 as may be amended from time to time provided that the principal so invested and the interest thereon are payable in India.

Winding up of the Fund

24. The Fund shall be wound up in anyone of the following events :

  • Upon the winding up or dissolution of the Trust (unless such winding up or dissolution is for the purpose of amalgamation, reconstitution or reconstruction).

  • For the purpose of the winding up of the Fund, the Trustees shall first realise the value of the assets of the Fund and amounts so realised shall be allocated in the manner described below to the employees who are in the service of the Board on the date of winding up of the Fund after meeting the liabilities in respect of the outstanding claims, if any, pertaining to the employees who ceased to be in the services of the Board prior to the date of such winding up.

  • The Trustees shall then ascertain the amount of Pension and Pensionary benefits accruing and due to all the employees of the Fund according to the provisions of the Rules by reference to the salary of the employees as on the date winding up and the length of service completed by them. If the total amount realised exceeds the total liability in respect of Pension and Pensionary benefits ascertained as above the Trustees shall earmark for each employee, the amount of Pension and Pensionary benefits accrued and due to him under the Rules out of the moneys realised and utilise the excess to provide additional benefits to the employees in proportions of their accrued benefits. If the amounts so realized is less than the said accrued Pension and Pensionary benefits, as aforesaid, the total amount shall be allocated to each employee in proportion to his accrued Pension and Pensionary benefits. Provided always that the Trustees shall obtain prior approval of the Ministry of Shipping, Government of India and the Commissioner of Income Tax in regard to the arrangements to be made by them for winding up of the Fund.

  • Notwithstanding anything whatsoever stated in the foregoing paragraphs, the Trustees shall have absolute and uncontrolled discretion to consult an Actuary and adopt any other methods or principles for the winding up of the Fund or make such arrangements or enter into such agreements as they may deem fit and as shall in the opinion of the Trustees serve as far as may be wishes of the employees and nominees provided that any such arrangements or agreements shall be made only after obtaining the prior approval of the Ministry of Shipping, Government of India and the Commissioner of Income Tax.

    25. Winding up of the Trust for reconstruction : In the event of the Trust being wound up voluntarily or for the purpose of reconstruction, reconstitution or amalgamation with any other Entity, the Trustees may make such arrangement or enter into such agreements as approved by the Ministry of Shipping, Government of India and the Commissioner of Income Tax.

    26. Jurisdiction: This Deed and any variation thereto shall be governed by the Laws of India and the Trust Fund hereof shall always be located in India.

    In Witness where of the Parties to this Deed have set their Respective Hands, Signed, Sealed and Executed this Deed on the Day, Month and in the Year First herein above Mentioned in the Presence of :

    Signed, Sealed and Delivered
    By and on behalf of Board

    Shri V.S. Khadkikar, Manager (SOM), Mumbai Port Trust

    Pursuant to Board Resolution No. 5 dated 13.1.2004

    In presence of

    1) Shri ________________

    2) Shri ________________

    The Common Seal of the Board of
    Trustees of the Port of Mumbai was
    Affixed in the presence of
    Kum. Saroj G. Tahiliani, Secretary,
    Mumbai Port Trust.

    Signed and Delivered
    By the above named

    1) Smt. Rani Jadhav, I.A.S.
    Chairman, MbPT Ex-officio

    2) Shri Ashok Kumar Bal, I.R.S.
    Dy. Chairman, MbPT Ex-officio

    3) Shri K.K. Vaidyanathan,
    FA & CAO, MbPT Ex-officio

    4) Kum. Saroj G. Tahiliani,
    Secretary, MbPT Ex-officio

    5) Shri S.R. Kulkarni, Trustee representing Port Labour

    6) Dr. Shanti Patel, Trustee representing Port Labour

    In presence of

    1) Shri _________________

    2) Shri _________________

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