The MAJOR PORT TRUSTS ACT, 1963

PRELIMINARY

Section 1 — Short title, commencement and application.

(1) This Act may be called the Major Port Trusts Act, 1963.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

(3) It applies in the first instance to the major ports of Cochin, Kandla and Vishakhapatnam, and the Central Government may, by notification in the Official Gazette, apply the provisions of this Act to such other major port [Omitted] and with effect from such date, as may be specified in the notification.

Browse all 154 sections
  1. 1.Short title, commencement and application.
  2. 2.Definitions.
  3. 3.Constitution of Board of Trustees.
  4. 4.First Board of Trustees.
  5. 5.Board to be body corporate.
  6. 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.
  10. 10.Filling of vacancies in office of Trustees.
  11. 11.Saving provision for appointment of Trustee by Central Government after prescribed period.
  12. 12.Power of Central Government to extend time for election or appoint Trustees in default of election.
  13. 13.Term of office in case of certain Trustees.
  14. 14.Absence of Chairman and Deputy Chairman.
  15. 14A.Acting Chairman or Deputy Chairman.
  16. 15.Conditions of service of Chairman and Deputy Chairman.
  17. 16.Meetings of Board.
  18. 17.Committees of Board.
  19. 18.Fees and allowances payable to Trustees.
  20. 19.Restriction of power of Trustees to vote in certain cases.
  21. 20.Defects in appointments or election not to invalidate acts, etc.
  22. 21.Delegation of powers.
  23. 22.Duties of Chairman and Deputy Chairman.
  24. 23.Schedule of Board’s staff.
  25. 24.Power to make appointments.
  26. 25.Power to grant leave, etc., to employees of Board.
  27. 26.Consulting Engineer to Board.
  28. 27.Power to create posts.
  29. 28.Power to make regulations.
  30. 29.Transfer of assets and liabilities of Central Government, etc., to Board.
  31. 30.Existing rates, etc., to continue until altered by Board.
  32. 31.Repayment of capital with interest.
  33. 32.Procedure when immovable property cannot be acquired by agreement.
  34. 33.Contracts by Board.
  35. 34.Mode of executing contracts on behalf of Board.
  36. 35.Power of Board to execute works and provide appliances.
  37. 35A.Power with respect to landing places and bathing ghats.
  38. 36.Power of Board to undertake certain works.
  39. 37.Power of Board to order sea-going vessels to use docks, wharves, etc.
  40. 38.If accommodation sufficient, all sea-going vessels compelled to use docks, wharves, etc.
  41. 39.Power to order vessels not to come alongside of, or to be removed from, docks, wharves, etc.
  42. 40.Power of Central Government to exempt from obligation to use docks wharves, etc.
  43. 41.Board to declare when vessels other than sea-going vessels compelled to use docks, wharves etc.
  44. 42.Performance of services by Board or other person.
  45. 43.Responsibility of Board for loss, etc., of goods.
  46. 44.Accommodation to be provided for customs officers in wharves, etc., appointed under Customs Act.
  47. 45.Dues at customs wharves, etc.
  48. 46.Power to permit erection of private wharves, etc., within a port subject to conditions.
  49. 47.Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful.
  50. 47A.Constitution and incorporation of Tariff Authority for major ports.
  51. 47B.Term of office, conditions of service, etc., of Chairperson and other Members.
  52. 47C.Disqualification for the office of Chairperson and Member.
  53. 47D.Removal, etc., of Chairperson and Members.
  54. 47E.Meetings.
  55. 47F.Authentication of all orders and decisions of the Authority.
  56. 47G.Vacancy, etc., not to invalidate proceedings of the Authority.
  57. 47H.Officers and employees of the Authority.
  58. 48.Scales of rates for services performed by Board or other person.
  59. 49.Scale of rates and statement of conditions for use of property belonging to Board.
  60. 49A.Fees for pilotage and certain other services.
  61. 49B.Fixation of port-dues.
  62. 50.Consolidated rates for combination of services.
  63. 50A.Port-due on vessels in ballast.
  64. 50B.Port-due on vessels not discharging or taking in cargo.
  65. 50C.Publication of orders of Authority.
  66. 51.Power to levy concessional rates in certain cases.
  67. 52.[Omitted.].
  68. 53.Exemption from, and remission of, rates or charges.
  69. 54.Power of Central Government to require modification or cancellation of rates.
  70. 55.Refund of overcharges.
  71. 56.Notice of payment of charges short-levied or erroneously refunded.
  72. 57.Board not to lease rates without sanction.
  73. 58.Time for payment of rates on goods.
  74. 59.Board’s lien for rates.
  75. 60.Ship-owner’s lien for freight and other charges.
  76. 61.Sale of goods after two months if rates or rent are not paid or lien for freight is not discharged.
  77. 62.Disposal of goods not removed from premises of Board within time limit.
  78. 63.Application of sale proceeds.
  79. 64.Recovery of rates and charges by distraint of vessel.
  80. 65.Grant of port-clearance after payment of rates and realisation of damages, etc.
  81. 66.Power to raise loans.
  82. 67.Port Trust securities.
  83. 68.Right of survivors of joint or several payees of securities.
  84. 69.Power of one or two or more joint holders to grant receipts.
  85. 70.Indorsements to be made on security itself.
  86. 71.Indorser of security not liable for amount thereof.
  87. 72.Impression of signature on securities.
  88. 73.Issue of duplicate securities.
  89. 74.Issue of converted, etc., securities.
  90. 74A.Recognition as holder of Port Trust securities in certain cases.
  91. 74B.Legal effect of recognition by the Board under section 74A.
  92. 75.Discharge in certain cases.
  93. 76.Power of Board to make regulations.
  94. 77.Place and currency of loans raised by Board.
  95. 78.Security for loans taken out by Board.
  96. 79.Remedies of Government in respect of loans made to Boards.
  97. 80.Power of Board to repay loans before due date.
  98. 81.Establishment of sinking fund.
  99. 82.Investment and application of sinking fund.
  100. 83.Examination of sinking fund.
  101. 84.Power of Board to raise loans on short-term bills.
  102. 85.Power of Board to take temporary loans or overdrafts.
  103. 86.Power of Board to borrow money from International Bank for Reconstruction and Development or other foreign institutions.
  104. 87.General account of port.
  105. 88.Application of moneys in general account.
  106. 89.[Omitted.].
  107. 90.Establishment of reserve funds.
  108. 91.Power to reserve Port Trust securities for Board’s own investments.
  109. 92.Prior sanction of Central Government to charge expenditure to capital.
  110. 93.Works requiring sanction of Board or Central Government.
  111. 94.Powers of Chairman as to execution of works.
  112. 95.Power of Board to compound or compromise claims.
  113. 96.Writing off of losses.
  114. 97.Powers, etc., of Board as Conservator or Body appointed under section 36 of Indian Ports Act.
  115. 98.Budget estimates.
  116. 99.Preparation of supplemental estimate.
  117. 100.Re-appropriation of amounts in estimate.
  118. 101.Adherence to estimate except in emergency.
  119. 102.Accounts and audit.
  120. 103.Publication of audit report.
  121. 104.Board to remedy defects and irregularities pointed out in audit report.
  122. 105.Central Government to decide difference between Board and auditors.
  123. 106.Administration report.
  124. 107.Submission of statements of income and expenditure to Central Government.
  125. 108.Power of Central Government to order survey or examination of works of Board.
  126. 109.Power of Central Government to restore or complete works at the cost of Board.
  127. 110.Power of Central Government to supersede Board.
  128. 110A.Power of Central Government to supersede the Authority.
  129. 111.Power of Central Government to issue directions to Board.
  130. 112.Every person employed by the authority of this Act to be a public servant.
  131. 113.Penalty for contravention of sections 37, 38, 40 and 41.
  132. 114.Penalty for setting up wharves, quays, etc., without permission.
  133. 115.Penalty for evading rates, etc.
  134. 116.Recovery of value of damage to property of Board.
  135. 117.Other offences.
  136. 117A.Person interested in contracts, etc., with the Board to be deemed to have committed an offence under section 168 of Indian Penal Code.
  137. 118.Cognizance of offences.
  138. 119.Offences by companies.
  139. 120.Limitation of proceedings in respect of things done under the Act.
  140. 121.Protection of acts done in good faith.
  141. 122.Power of Central Government to make rules.
  142. 123.General power of Board to make regulations.
  143. 123A.Power of Authority to make regulations.
  144. 124.Provisions with respect to regulations.
  145. 125.Power of Central Government to direct regulations to be made or to make regulations.
  146. 126.Power of Central Government to make first regulations.
  147. 127.Posting of certain regulations, etc.
  148. 128.Saving of right of Central Government and municipalities to use wharves, etc., for collecting duties and of power of Customs Officers.
  149. 129.Application of certain provisions of the Act to aircraft.
  150. 130.Power to evict certain persons from the premises of Board.
  151. 131.Alternative remedy by suit.
  152. 132.Requirements as to publication of notifications, orders, etc., in the Official Gazette.
  153. 133.Repeal.
  154. 134.Power to remove difficulties.