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The Major Port Trusts Act, 1963

Act No. 38 of 1963

[16th October, 1963.]

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

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