The major port trusts act,1963 / Universal Law Publishing

THE MAJOR PORT TRUSTS ACT, 1963
CHAPTER I
PRELIMINARY
Sections
1. Short title, commencement and application 3
2. Definitions 3
CHAPTER n
BOARD OF TRUSTEES AND COMMITTEES THEREOF
3. Constitution of Board of Trustees 5
4. First Board of Trustees 7
5. Board to be body corporate 7 6. Disqualification for office of Trustee 7
7. Term of office of Trustees 8
8. Vacation of office of Trustees 9
9. Eligibility of Trustee for re-appointment or re-election 9
10. Filling in of vacancies in office of Trustee 9
11. Saving provision for appointment of Trustee by Central Government after prescribed period . . . 10 12. Power of Central Government to extend time for election or appoint
Trustees in default of election 10
13. Term of office in case of certain Trustees 10
14. Absence of Chairman and Deputy Chairman 10
14A. Acting Chairman or Deputy Chairman 11
15. Conditions of service of Chairman and Deputy Chairman 11
16. Meetings of Board 11
17. Committees of Board 11
18. Fees and allowances payable to Trustees 12 19. Restriction of power of Trustees to vote in certain cases 12
20. Defects in appointments or election not to invalidate acts, etc. . 12
21. Delegation of powers 12
22. Duties of Chairman and Deputy Chairman 13*
CHAPTER III
STAFF OF THE BOARD
23. Schedule of Board's staff 13
24. Power to make appointments 13
25. Power to promote grant leave, etc., to employees of Board 14 26. Consulting Engineer to Board 15
27. Power to create posts 15
28. Power to make regulations 15
CHAPTER rV
PROPERTY AND CONTRACTS
29. Transfer of assets and liabilities of Central Govermnent, etc. 16
i
Sections

50.
xisting rates, etc., to continue until altered by Board Repayment of capital with interest
Procedure when immovable property cannot be acquired by agreement Contracts by Bo&rd
Mode of executing contracts on behalf of Board
CHAPTER V
WORKS AND SERVICES TO BE PROVIDED AT PORTS
Power of Board to execute works and provide appliances Power with respect to landing places and batliing ghats
Power of Board to undertake certain works Power of Board to order sea-going vessels to use docks, wharves, etc. If accommodation sufficient, all sea-going vessels compelled to
use docks, wharves; etc. Power to order vessels not to come alongside of, or to be removed from, docks, wharves, etc. Power of Central Government to exempt from obligation to
use docks, wharves, etc. Board to declare when vessels other than sea-going vessels compelled to use docks, wharves, etc. Performance of services by Board or other person Responsibility of Board for loss, etc., of goods Accommodation to be provided for customs officers in wharves, etc. appointed under Customs Act
Duos at customs wharves, etc.
Power to permit erection of private wharves, etc., within a port subject to conditions Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful
CHAPTER VA TARIFF AUTHORITY FOR MAJOR PORTS Constihition and incorporation of Tariff Authority for Major Ports Term of office, conditions of service, etc., of Chairperson
and other Members Disqualification for the office of Chairperson and Member Removal, etc., of Chairperson and Members
Meetings Authentication of all orders and decisions of the Authority Vacancy, etc., not to iiwalidate proceedings of the Authority Officers and employees of the Authority
CHAPTER VI' IMPOSITION AND RECOVERY OF RATES AT PORTS Scales of rates for services performed by Board or other person. &ale of rates and statement of conditions for use of property belonging to Board r r / Fees for pilotage and certain other services Fixation of port-dues Consolidated rates for combination of services

Sections
50A. Port-due on vessels in ballast 29 50B. Port-due on vessels not discharging or taking in cargo 29 50C. Publication of orders of Authority 29 51. Power to levy concessional rates in certain cases 29 52. [Repealed] „ 30 53. Exemption from, and renaission of, rates or charges 30 54. Power of Central Government, to require modification or 30cancellation of rates 55. Refund of overcharges 30 56. Notice of payment of charges short-levied or erroneously refunded 3D 57. Authority not to lease rates without sanction 31 58. Time for payment of rates on goods 31 59. Board's lien for rates 31 60. Ship-owner's lien for freight and other charges 31 61. Sale of goods after two months if rates or rent are not paid or lien for; freight is not discharged 31 62. Disposal of goods not removed from premises of 32Board within time limit 63. Application of sale proceeds 33 64. Recovery of rates and charges by distraint of vessel 34 65. Grant of port-clearance after payment of rates and 34realisation of damages, etc.
CHAPTER VII
BORROWING POWERS OF BOARD
66. Power to raise loar\s
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 amoimt 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 cvurency 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. Powers of Board to borrow money from International Bank for Reconstruction and Development or other foreign institutions

Sections
CHAPTER VIII
REVENUE AND EXPENDITURE
87. General account of Port 41 88. Application of moneys in general account 41 89. [Repcijled] ' 43
90. Establishment of reserve funds 43
91. Power to reserve Port Trust securities for Board's own investments . 43 92. Prior sanction of Central Government to cliarge expenditure to capital 44 93. Works requiring sanction of Board or Central Government 44
94. Pow§r of Chairman as to execution of works 44
95. Power of Board to compound or compromise claims 44 96. Writing off losses 45 97. Powers, etc., of Board as Conservator or Body appointed under section 36 of Indian Ports Act 45
98. Budget estimates 45 99. Preparation of supplemental estimates 4^ 100. Re-appropriation of amounts in estimate 45 101. Adherence to estimate except in emergency 4g 102. Accounts and audit 4g 103. Publication of audit report 47 104. Board to remedy defects and irregularities pointed out in audit report 47 105. Central Government to decide difference between Board and auditors. 47
CHAPTER /X SUPERVISION AND CONTROL OF CENTRAL GOVERNMENT 106. Administration report 47 107. 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 llOA. 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 tl\is 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
^ contracts, etc., with the Board to be deemed to havecommitted an offence under section 168 of the Indian Penal Code ' K-y 118. Cognizance of offences * ' 119. Offences by companies • • . 52
• . . 52
Sections
CHAPTER XI
MISCELLANEOUS
120. Limitation of proceedings in respect of thiiigs 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 witla 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 die Official Gar.ette
133. Repeal
134. Power to remove difficulties