Bare Acts Live

The Gujarat Maritime Board Act, 1981

Gujarat Act No. 30 of 1981

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Chapter 1

Preliminary

(a) "appointed day" in relation to any minor port means the day on which this Act is made applicable to that port;

(b) "Board" means the Gujarat Maritime Board constituted under Section 3;

(c) "Board security" means debentures, bonds or dock certificates issued by the Board in respect of any loan contracted by it under the provisions of this Act;

(d) "Chairman" means the Chairman of the Board and includes the person appointed to act in his place under Section 9;

(e) "dock" includes all basins, locks, cuts, entrances, graving docks, graving blocks, inclined planes, slipways, gridirons, mooring, transit sheds, warehouses, godowns, open plots and other works and things appertaining to any dock and also the portion of the sea enclosed or protected by the arms or groynes of a harbour;

(f) "foreshore" in relation to a port means the area between the high water mark and the low water mark relating to that port;

(g) "goods" includes live stock and every kind of moveable property;

(h) "high water mark" in relation to a port means a line drawn through the highest points reached by ordinary spring tides at any season of the year at the port;

(i) "immovable property" includes wharfage-rights and all other rights exercisable on, over or in respect of, land, any wharf, dock or pier.

(j) "Indian Ports Act" means the Indian Ports Act, 1908 (15 of 1908);

(k) "land" includes the bed of sea or river below high water mark and also things attached to the earth or permanently fastened to anything attached to the earth;

(l) "low water mark" in relation to a port means a line drawn through the lowest points reached by ordinary spring tides at any season of the year at that port;

(m) "master" in relation to any vessel or craft making use of any minor port means any person having for the time being the charge or control of such vessel or craft, as the case may be except a pilot, harbour master, dock master, or berthing master of the port;

(n) "member" means a member of the Board or its Committee, as the case may be;

(o) "minor port" means a port other than a major port declared as such by the Central Government under any law;

(p) "owner"-

(i) in relation to goods includes any consignor, consignee, shipper or agent for the sale, custody, loading or unloading of such goods, and

(ii) in relation to any vessel or craft making use of any port, includes any port owner, charterer, consignee or mortgagee in possession thereof;

(q) "pier" includes any stage, stairs, landing place, hard jetty, floating barge or pontoon and any bridges or other works connected therewith;

(r) "port" means any minor port to which this Act applies within such limits as may from time to time be defined by the State Government under the Indian Ports Act;

(s) "port approaches" in relation to a port means those parts of the navigable rivers and channels leading to the port in which the Indian Ports Act is force;

(t) "prescribed" means prescribed by rules or regulations made under this Act;

(u) "public securities" means-

(i) promissory notes, debentures, stock or other securities of the Central Government or of any State Government:

(ii) debentures or other securities for money issued by or on behalf of any municipal body, Improvement Trust or Port Trust under the authority of any law for the time being in force in the State (including the Board securities);

(v) "rate" includes any toll, due, rent, fee or charge leviable under this Act;

(w) "regulations" means regulations made under this Act;

(x) "rules" means rules made by the State Government under this Act;

(y) "State" means the State of Gujarat;

[(y-a) "State charges" means the charges levied under section 22A.]

(z) "vessel" includes anything made for the conveyance, mainly by water, of human being or of goods;

(z-a) "wharf" includes any wall or stage and any part of the land or foreshore that may be used for loading or unloading goods or for the embarkation or disembarkation of passengers and any wall enclosing or adjoining the same.

Chapter II

Establishment of Gujarat Maritime Board

(a) has been removed or dismissed from the service of Government or of local authority or of a Corporation owned or Controlled by Government;

(b) has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude, or

(c) is an undischarged insolvent; or

(d) has directly or indirectly any share or interest in any work done by order of the Board or in any contract or employment with, by or on behalf of the Board;

(i) having a share in any company or firm which may contract with or be employed by or on behalf of the Board; or

(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board may be inserted; or

(iii) being interested in any loan of money to the Board; or

(iv) having a share or interest in any lease, sale, exchange, or purchase of immovable property or any agreement for the same; or

(v) having a share or interest in any licence by the Board or right by agreement or otherwise with the Board to the sole or preferential use of any premises or property belonging to the Board; or

(vi) having a share or interest in the occasional sale to the Board to a value not exceeding ten thousand rupees in any one financial year, of any article in which he trades.

(a) becomes subject to any disqualification mentioned in Section 4; or

(b) refuses to act or becomes incapable of acting; or

(c) has, in the opinion of the State Government, become incapable of representing the interests by virtue of which he was appointed; or

(d) is, without the permission of the Board previously obtained, absent from six consecutive meetings of the Board; or

(e) is absent from the meetings of the Board for a period exceeding six consecutive months;

(f) acts in contravention of the provisions of Section 13.

(a) no fees shall be payable to the Chairman or any other member who is a member of Parliament or State Legislature or a servant of the State Government or the Board;

(b) any allowances payable to a member who is a Member of Parliament or State Legislature shall not exceed the compensatory allowance as defined in clause (a) of Section 2 of the Parliament (Prevention of Disqualification) Act, 1959 (X of 1960), or as the case may be, in the explanation in entry 11 in the Schedule to the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960 (X of 1960).

(i) has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the Board or a Committee thereof, or

(ii) is interested professionally on behalf of a client or as agent for any person other than the Government or an undertaking owned or controlled by the Government or a local authority or a trade union registered under the Trade Unions Act, 1926 (16 of 1926) or member of an association formed for the purpose of promoting the interests or welfare of any class of employees of the Board shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minutes of the Board or, as the case may be, the committee, and the member shall not take part in any deliberation or decisions of the Board or the committee with respect to that matter.

(a) any vacancy therein or any defect in the constitution thereof;

(b) any disqualification of or any defect in the appointment of, a person acting as a member thereof; or

(c) any member having acted or taken part in any proceeding in contravention of Section 13;

(d) any irregularity in its procedure not affecting merits of the case.

Chapter III

Staff of the Board

(b) to the Chairman, where such order is passed by any such authority as may be prescribed by regulations.]

Chapter IV

Property and Contracts

(a) all property, assets and funds and all rights to levy rates vested in the State Government for the purposes of the port immediately before such day, shall vest in the Board;

(b) Transfer of debts, obligations and liabilities. - all debts, obligations and liabilities incurred, all contracts entered into, and all matters and things engaged to be done by, with or for the State Government immediately before such day, for or in connection with the purposes of the port shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Board;

(c) Transfer of capital to Board. - all non-recurring expenditure incurred by the State Government for or in connection with purposes of the port upto such day and declared to be capital expenditure by the State Government shall be treated as the capital provided by the State Government to the Board (who shall repay the same at intervals and on terms and conditions as may be determined by the State Government);

(d) Outstanding recovery of rates. - all rates, fees, rents and other sums of money due to the State Government in relation to the port immediately before such day, shall be deemed to be due to the Board.

(e) Suits and litigation. - all suits and other legal proceedings instituted by or against the State Government immediately before such day for any matter in relation to port, may be continued by or against the Board;

(f) Terms and conditions of service of employees. - every employee serving under the State Government immediately before such day solely or mainly for or in connection with the affairs of the minor port shall become an employee of the Board, shall hold his office or service therein by the same tenure and upon the same terms and conditions of service as he would have held the same it the Board had not been established and shall continue to do so unless and until his employment in the Board is terminated or until his tenure, remuneration or terms and condition of service are duly altered by the Board:

(a) Every contract shall be made on behalf of the Board by the [Chief Executive Officer] or an officer authorised by the Board.

[(b) (i) No contract in respect of leasing of waterfront, jetty, waterway and corresponding infrastructural facilities thereof for a term exceeding five years shall be made unless it is previously approved by the State Government, on such terms and conditions as it may think fit.

(ii) Subject to sub-clause (i) of this clause, no contract for acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years shall be made unless it is previously approved by the State Government, on such terms and conditions as it may think fit]

(c) The form and manner of executing contract on behalf of the Board shall be such as may be prescribed by rules.

(d) No contract which is not made in accordance with the provisions of this Act and the rules shall be binding on the Board.

Chapter V

Works and Services to be Provided at Minor Ports by the Board

(a) wharves, quays, docks, stages, jetties, piers, place of anchorage and other works within the port or port approaches or on the foreshore of the port or port approaches in the State, with all convenient arches, drains, landing places, stairs, fences, roads, bridges, tunnels and approaches, and buildings required for the residence of the employees of the Board as the Board may consider necessary;

(b) buses, locomotives, rolling stock, sheds, hotels, warehouses and other accommodation for passengers and goods and other appliances for carrying passengers and for conveying, receiving and storing goods landed, or to be shipped or otherwise;

(c) moorings and cranes, scales and all other necessary means and appliances for loading and unloading of vessels;

(d) reclaiming, excavating and raising any part of the foreshore of the port or port approaches which may be necessary for the execution of the works authorised by this Act or otherwise for the purposes of this Act;

(e) such break waters and other works as may be expedient for the protection of the port;

(f) dredgers and other machines for cleaning, widening, deepening and improving any portion of the port or port approaches or of the foreshore of the port or port approaches;

(g) light-houses, light-ships, beacons, buoys, pilot boats and other appliances necessary for the safe navigation of the port and the port approaches in so far as it relates to State functions;

(h) vessels, tugs, boats, barges and launches and lighters for the use within the limits of the port or beyond those limits, whether in territorial waters or otherwise, for the purpose of towing or rendering assistance to any vessel, whether entering or leaving the port or bound elsewhere and for the purposes of saving or protecting life or property and for the purpose of landing, shipping or trans-shipping passengers or goods under Section 32;

(i) sinking of tubewells and equipment, maintenance and use of boats, barges and other appliances for the purpose or the supply of water at the port;

(j) engines and other appliances necessary for the extinguishing of fires;

(k) land abutting the sea coast including creeks;

(l) ferry boats and other works and equipment appertaining to the running ferry service or between the ports;

(m) construction of models and plans for carrying out hydraulic studies;

(n) dry docks, slipways, boat basins and workshops to carry out repairs or overhauling of vessels, tugs, boats, machinery or other appliances.

(i) declare that such, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing or shipment of goods or passenger from or on vessels not being sea-going vessels, and

(ii) direct that within certain limits to be specified therein it shall not be lawful without the express sanction of Board, to land or ship any goods or passengers, out of, or into, any vessel not being sea-going vessels of any class, specified in such order, except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage,

(i) to land or ship any goods or passengers at any place within the limits so specified except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage.

(ii) while within such limits, to anchor, fasten or lie within fifty yards of the ordinary low water mark.

(a) stevedoring, landing, shipping or trans-shipping passengers and goods between vessels in port and the wharves, piers, quays, or docks belonging to or in the possession of the Board;

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

(c) carrying passengers within the limits of the port or port approaches, by such means and subject to such restrictions and conditions as the State Government may think fit to impose; and

(d) piloting, hauling, mooring, re-mooring, hooking or measuring of vessels or any other service in respect of vessels.

(i) in the case of goods received for carriage by railway, be governed by the provisions of the Indian Railways Act, 1890 (IX of 1890), and

(ii) in other cases, be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872 (IX of 1872), omitting the words "in the absence of any special contract" in Section 152 of the Act :

(a) until a receipt mentioned in sub-section (2) of Section 32 is given by the Board; and

(b) after the expiry of such period as may be prescribed by regulations from the date of taking charge of such goods by the Board.

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

(b) the amount of compensation shall be calculated with reference to the cost of construction of such wharf, dock, berth, quay, stage, jetty, pier, or place of anchorage;

(c) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;

(d) where no such agreement can be reached, the State Government shall appoint as arbitrator, a person who is, or has been, or is qualified for appointment as a Judge of a High Court;

(e) the State Government may, in any particular case, nominate a person possessing special knowledge of any matter relating to any case under inquiry to assist the arbitrator in determining any question which has to be decided by him under this Section, and where such nomination is made the person to be compensated may also nominate an assessor for the same purpose;

(f) at the commencement of the proceeding before the arbitrator, the Board and the person to be compensated shall state what in their respective opinion is a fair amount of compensation;

(g) the arbitrator shall after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persons to whom such compensation shall be paid;

(h) where there is a dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof among such person;

(i) nothing in the Arbitration Act, 1940 (X of 1940) shall apply to arbitrations under this Section;

(j) the arbitrator appointed under this Section, while holding arbitration proceedings under this Act, shall have all the power of a Civil Court while trying a suit under the Code of the Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely-

(i) summoning and enforcing the attendance of any person and examining him on oath;

(ii) requiring the discovery and production of documents;

(iii) receiving evidence on affidavits;

(iv) issuing commissions for examination of witnesses or documents;

(k) every award shall also state the amount of costs incurred in the arbitration proceedings under this Section and by what persons and in what proportions they are to be paid;

(l) any person aggrieved by an award of the arbitrator made under this Section may within thirty days from the date of the award, prefer an appeal to the High Court within whose jurisdiction the port is situated:

Chapter VI

Imposition and Recovery of Rates at Ports

(a) trans-shipping of passengers or goods between vessels in the port or port approaches;

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

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

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

(e) any other service in respect of vessels, passengers or goods excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act (15 of 1908).

(a) approaching or lying at or on any buoy, mooring, wharf, quay, pier, dock, land, building or place as aforesaid by vessels;

(b) entering upon or playing for hire at or on any wharf, quay, pier, dock, land, building, road, bridge, approach or place as aforesaid by animals or vehicles carrying passengers or goods;

(c) leasing of land or sheds by owners of goods imported or intended for export or by steamer agents;

(d) any other use of any land, building, works, vessels or appliances belonging to or provided by the Board.

(a) coastal goods, that is to say, goods other than imported goods as defined in the Customs Act, 1962 (52 of 1962) carried in a vessel from one Indian port to another Indian port:

(b) Other goods in special cases.

(a) when the charge is short levied from the date of the payment of the charge;

(b) where a charge has been erroneously refunded, from the date of the refund.

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

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

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

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

(b) controlled goods may be sold in accordance with the provisions of subsection (4) of Section 49.

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

(b) in payment, according to their respective priorities of the liens and claims excepted in sub-section (2) of Section 47 from the priority of the lien of the Board.

(c) in payment of the rates and expenses of landing, removing, storing or warehousing the same, and of all other charges due to the Board in respect thereof including demurrage (other than the penal demurrage) payable in respect of such goods for a period of four months from the date of landing;

(d) in payment of any penalty or fine due to the Central Government under any law for the time being in force relating to customs;

(e) in payment of any other sum due to the Board.

(i) that an amount specified therein is due in respect of rates, fines, penalties or expenses chargeable under this Act or under any regulations or orders made in pursuance thereof, against such vessel, or by the owner or master of such vessel in respect thereof, or against or in respect of any goods on board such vessel; or

(ii) that an amount specified therein is due in respect of any damage referred to in Section 100 and such amount together with the cost of the proceedings for the recovery thereof before a Magistrate under that Section has not been realised, such officer shall not grant such port-clearance until the amount so chargeable or due has been paid or, as the case may be, the damage and cost have been realised.

Chapter VII

Borrowing Powers of Board

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

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

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

(b) the issue of a duplicate security payable to the applicant.

(i) on payment of the amount due on a Board security on or after the date on which payment becomes due to, or

(ii) when a duplicate security has been issued under Section 61, or

(iii) when a new security or securities has or have been issued upon conversion, consolidation or sub-division under Section 62, the Board shall be discharged from all liabilities in respect of the security or securities so paid or in place of which a duplicate, or new security or securities has or have been issued-

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

(b) in the case of a duplicate security after the lapse of six years from the date of the publication under sub-section (3) of Section 61 of the list in which the security is first mentioned or from the date of the last payment of interest on the original security, whichever date is later;

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

(a) the property vested or which may hereafter during the currency of the loans become vested in the Board other than-

(i) any sum set apart by the Board-

(1) as the sinking fund for the purpose of paying off any loan; or

(2) for the payment of pension to its employees; or

(ii) the provident or pension fund established by the Board; and

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

(i) borrow moneys by means of temporary overdraft or otherwise by placing the securities held by the Board in its reserve fund or on security of the fixed deposits of the Board in its banks;

(ii) obtain advances from such banks on pledge or hypothecation of its current assets without the previous sanction of the State Government:

(a) shall not at any time have a longer currency than six months; and

(b) shall not be taken, without the previous sanction of the State Government, if at any time in any year the amount of such overdrafts, or other loans exceeds such amount not exceeding ten lakhs of rupees, as the State Government may fix in this behalf:

Chapter VIII

Revenue and Expenditure

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

(b) the salaries, fees, remunerations, allowances, pensions, gratuities, compassionate allowances or other moneys due to

(i) the Chairman, and other member of the Board;

(ii) the employees of the Board; and

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

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

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

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

(f) such sums as may, from time to time, be agreed upon by the Board and the State Government or the Central Government or any other authority, as a reasonable contribution payable by the Board towards the expenses in connection with the watch and ward functions of the Police Force or the Central Industrial Security Force or any other Force which the State Government or the Central Government or any other authority, as the case may be, may establish and maintain for the protection of the port and the docks, warehouses and other property of the Board;

(g) the cost of repairs and maintenance of the property belonging to or vested in the Board and all charges upon the same and all working expenses;

[(gg) the waterfront royalty payable to the State Government under section 22A;]

(h) the cost of the execution and provision of any new work or appliance specified in Section 25 which the Board may determine to charge to revenue;

(i) any expenditure incurred under section 26;

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

(k) any other charge which may on the application of the Board or otherwise be specially sanctioned by the State Government or for which the Board may be legally liable.

(a) be deposited in the State Bank of India or any corresponding new bank as defined in clause (d) of Section 2 of the Banking Companies Acquisition and Transfer of Undertakings Act, 1970 (5 of 1970) [or in any corporation or financial institution controlled and managed by the State Government], as the Board may decide, or

(b) be invested in such public securities as may be determined by the Board and the said securities shall be held in trust by the Board for the purposes of this Act.

Chapter IX

Supervision and Control of State Government

(a) that on account of a grave emergency, the Board is unable to perform the duties imposed on it by or under the provisions of this Act or of any other law, or

(b) that the Board has persistently made default in the performance of the duties imposed upon it by or under the provisions of this Act or of any other law and as a result of such default, the financial position of the Board or the administration of the ports has greatly deteriorated, the State Government may by notification in the Official Gazette, supersede the Board for such period, not exceeding six months at a time, as may be specified in the notification:

(a) all the members of the Board shall, as from the date of supersession, vacate their offices as such members of the Board;

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

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

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

(b) reconstitute the Board by fresh appointment and in such case, any persons who vacated their offices under clause (a) of Sub-section (2) shall not be deemed disqualified for appointment, or

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

Chapter X

Penalties

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

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

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

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

Chapter XI

Miscellaneous

(a) to advice the Board on all general questions pertaining to the minor ports;

(b) to advice the Board in respect of any scheme pertaining to development of any minor port;

(c) to review the administration of minor ports and to suggest ways and means of improving their work;

(d) to suggest ways and means to remove any difficulty experienced by the Board in its administration of minor ports;

(e) to make suo motu recommendation to the Board in regard to any matter to administration of the minor ports;

(f) to report to the State Government or as the case may be the Board on such matter as may be referred to it either by the State Government or the Board for its opinion.

(a) the calling of the meeting of the Committee and the procedure of meetings;

(b) duties of the Secretary of the committee;

(c) the term of the office of persons appointed to be the members of the committee to represent any of the aforesaid interests, travelling allowance and daily allowance to the committee and rate thereof.

(a) fees and allowances payable to the members of the Board or any of its committees for attending meetings of the Board or its committee or for attending any work of the Board, under Section 12;

[(aa) the terms and conditions of service of the Chief Executive Officer under subsection (1) of Section 17;]

(b) the mode of executing contracts under Section 24 ;

(c) factors to be taken into consideration for determining fair and reasonable compensation under sub-section (3) of Section 36 ;

(d) the terms and conditions of appointment of persons as member of a Local Advisory Committee under sub-section (1) of Section 106 : and

(e) any other matter which is to be may be prescribed by rules.

(1) the time and places of the meetings of the Board or its committees, the procedure to be followed for the transaction of business at such meetings and the number of members necessary to constitute a quorum at such meetings.

(2) the appointment, promotion, suspension, removal and dismissal of its [officers and employees]

(3) leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances of the [officers and employees] and the establishment and maintenance of a provident fund or any other fund for their welfare;

(4) the time within which and manner in which appeals may be preferred under sub-section (2) of Section 19 and the procedure for deciding such appeals;

(5) the terms and conditions of service of persons who become employees of the Board under clause (f) of sub-section (1) of Section 20;

(6) any other matter which is incidental to, or necessary for, the purpose of regulating the appointment and conditions of service of its [ officers and employees];

(7) the form of receipt to be given under sub-section (2) of Section 32;

(8) the period within which notice may be given under sub-section (2) of Section 33;

(9) the factors to be taken into consideration in respect of payment of fair and reasonable compensation, under sub-section (3) of Section 36;

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

(11) the safe, efficient and convenient use, management and control of the docks, wharves, quays, jetties, buildings and other works constructed or acquired by, or vested in, the Board, or of any land or foreshore acquired by, or vested in, the Board under this Act;

(12) the reception, porterage, storage and removal of goods brought within the premises of the Board, for the exclusive conduct of these operations by the Board or persons employed by the Board, and for declaring the procedure to be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged;

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

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

(15) regulating, declaring and defining the docks, wharves, quays, jetties, stages and piers vested in the Board on which goods shall be landed from vessels and shipped on board vessels;

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

(17) regulating the lighterage of cargo between ships or between ships and shore or between shore and ships;

(18) the exclusion from the premises of the Board of disorderly or other undesirable persons and of trespassers;

(19) ensuring the safety of the port;

(20) generally for the efficient and proper administration of the ports;

(21) the person, if any, authorised to sign and the mode of affixing the corporate seal and of attestation of documents relating to Board securities issued, or to be issued by the Board;

(22) the manner in which payment of interest in respect of such Board securities is to be made, recorded and acknowledged;

(23) the circumstances and the manner in which Board securities may be renewed;

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

(25) the form in which such securities delivered for renewal, conversion, Consolidation or sub-division are to be receipt;

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

(27) the form and manner of publication of the notification mentioned in subsection (2) of Section 61 and the manner of publication of the list mentioned in sub-section (3) of that Section,

(28) the nature and amount of indemnity to be given by a person applying for the payment of interest in the Board securities alleged to have been wholly or partly lost, stolen or destroyed, or for the issue of duplicate Board securities;

(29) the conditions subject to which Board securities may be converted, consolidated or sub-divided;

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

(31) generally all matters connected with a grant of duplicate, renewed, converted, consolidated and sub-divided securities;

(32) the fees to be paid in respect of the issue of duplicate securities and of the renewal, conversion, consolidation and sub-division of Board securities;

(33) the fees to be levied in respect of the issue of stock certificate.

(1) the right of the central Government to collect customs, duties or of any municipality to collect town duties at any dock, wharf, quay, stage, jetty or pier in the possession of the Board, or

(2) any power of authority vested in the customs authorities under any law for the time being in force.

(a) the perious operation of the Act so repealed, or anything, duly done or suffered thereunder;

(b) any right, privilege, obligation or liability acquired, accrued and incurred under the Act, so repealed:

(c) any penalty, forfeiture, or punishment incurred in respect of any offence committed under the Act so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture and punishment may be imposed, as if this Act had not been passed: