LexThe Andhra Pradesh Maritime Board Act, 2018
Andhra Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE ANDHRA PRADESH MARITIME BOARD ACT, 2019
ACT No.16 OF 2019
ARRANGEMENT OF SECTIONS
CHAPTER- I
PRELIMINARY
Sections
1. Short title, extent, commencement and application
2. Definitions
CHAPTER - II
ESTABLISHMENT OF ANDHRA PRADESH MARITIME BOARD
3. Establishmentof Andhra Pradesh Maritime Board
4. Disqualification of members
5. Term of office of Members
6. Termination of services of member of Board
7. Eligibility of re-appointment
8. Filling of vacancies
9. Absence of Chairman
10. Meeting of Board
11. Committees of Board
12. Fees and allowances payable to members
13. Members of Board or Committee not to vote in certain cases
14. Defects in appointments not to invalidate acts etc
15. Functions of the Board
16. Delegation of powers
17. Duties of Chairman, and the Chief Executive Officer
CHAPTER - III
STAFF OF THE BOARD
18. Chief Executive Officer of the Board
19. Financial Controller-cum-Chief Accounts Officer, Officers and employees
of the Board
20. Power to grant leave etc.to employees of Board
CHAPTER- IV
PROPERTY AND CONTRACTS
21. Transfer of assets and liabilities of State Government to Board
22. Existing rates etc to continue until altered by Board
23. Repaymentofcapital interest
24. Procedure when land cannot be acquiredbyagreement
25. Contracts Board
CHAPTER- V
WORKS AND SERVICES TO BE PROVIDED AT NON-MAJOR PORTS BY THE
BOARD
26. Power of Board to execute works and provide appliances
27. Powers of Board to undertake certainworks
28. Powers of Board to order sea-going vessels to use docks, wharves etc
29. If accommodation sufficient, all sea-going vessels compelled to use
docks, wharves etc
30. Power to order vessels not to come alongside of, or to be removed from
docks, wharves etc
31. Power of Government to exempt vessels from obligation to use wharves
etc
32. Board to declare when vessels, other than seagoing vessels compelled to
use dock, wharves etc
33. Performanceofservices by Board or other person
34. Responsibility of Board for loss of goods etc
35. Accommodation to be provided for officers of Customs in wharves etc
appointed under Customs Act, 1962
36. Power to permit erection of private wharves etc., within limits of a port,
subject to conditions
37. Compensation payable in certain cases where use of any private wharf
etc., rendered unlawful
CHAPTER - VI
IMPOSITION AND RECOVERY OF RATES AT PORTS
38. Scale of rates for services performed by Board or other person
39. Scale of rates andstatement of conditions for use of property belonging
to Board
40. Consolidated rates of combination of services
41. Power to levy concessional rates in certain cases
42. Scale of rates and conditions
43. Power to State Governmenttorequiremodification or cancellation of
rates.
44. Remission of rates of charges
45. Refund of excess charges
46. Notice of payment of charges short levied or erroneously refunded
47. Time for payment of rates on goods
48. Board’s lien for rates
49. Ship-owner’s lien for freight and other charges
50. Sale of goods after two months, if rates or rent are not paid for freight is
not discharged
51. Disposal of goods not removed from the premises of Board within limit
52. Application of sale proceeds
53. Recoveryof rates and charges by distraint of vessel
54. Grant of port clearances after payment of rates, realisation of damages
etc.,
55. Recovery of dues
CHAPTER- VII
BORROWING POWERS OF BOARD
56. Power to raise loans
57. Board securities
58. Right of joint or several payees of securities
59. Power of two or more joint holders to give receipts
60. Endorsement of the Board security
61. Liability of endorser of the Board security
62. Impression of signature on securities
63. Issue ofduplicate security
64. Conversion of securities
65. Discharge certain cases
66. Security for loans taken by Board
67. Remedies of Government in respect of loans made to Board
68. Power of Board to repay loans before due date
69. Establishment ofsinking fund
70. Investment and application of sinking fund
71. Annual examination sinking fund
72. Power of Board to raise loans on short term bills
73. Power of Board to take temporary loans or overdrafts
74. Power of Board to borrow money fromworld Bank or other foreign
institutions
75. Power of Board to acquire and sell equity stakes in ports and Port related
infrastructure projects
CHAPTER- VIII
REVENUE AND EXPENDITURE
76. General fund of Board
77. Application of money in GeneralFund
78. Power of transfer moneys from general fund to specified account and
vice-versa
79. Establishment of Reserve Funds
80. Power to reserve Maritime Board Securities for Board’s own investment
81. Prior sanction of Board to charge expenditure tocapital
82. Works requiring sanction of Board or Government
83. Power of Chief ExecutiveOfficer as to execution ofwork
84. Power of Board to compound or compromise claims
85. Write off losses
86. Power etc., of Board as Conservator
87. Budgetestimates
88. Preparation of supplementary estimates
89. Re-appropriation of amount in estimates and adherence to estimates
except in emergency
90. Duty of Board to meet liability towards salaries, allowances, pension etc.,
91. Accounts and audit
92. Publication of audit report
93. Board to remedy defects and irregularities pointed out in audit report
94. Government to decidedifference between Board and Auditors
CHAPTER– IX
SUPERVISION AND CONTROL OF STATE GOVERNMENT
95. Administration report
96. Submission of statement of income and expenditure to State Government
97. Power of Government to supersede Board
98. Power of Government to give directions to Board
CHAPTER– X
PENALTIES
99. Persons employed under this Act to be Public servantsfor certain
purposes
100. Penalty for contravention of sections 28,29,30 and 31
101. Penalty for setting up wharves, quays, etc., without permission
102. Penalty for evading rates, etc.,
103. Recovery of value of damage to property of Board
104. Other offences
105. Cognizance of Offence
106. Offences by Companies
CHAPTER– XI
MISCELLANEOUS
107. Constitution of State Ports Consultative Committee
108. Local Advisory Committee
109. Limitation of proceedings in respect of things done underthis Act
110. Protection of act done in good faith
111. Power of State Government to make rules
112. Power to make regulations
113. Provisions with respect to regulations
114. Power of Government to direct regulations to be made or to make
regulations
115. Powerof Government to make first regulations
116. Power of Government to limit regulatory functions of Board
117. Posting of certain regulations
118. Saving of right of Government and Municipalities to use Wharves etc., for
collection of duties and power of customs officers
119. Application of provisions of this Act to aircraft
120. Power to remove difficulties
121. Certain provisions not to apply to Developers
122. Repeal savings
123. Resolution in case of conflict between Customs Act,1962 and Andhra
Pradesh Maritime Board Act, 2018
CHAPTER– XII
SECURITY OF THE PORTS
124. Security of Ports
125. Ports Facility Security Officer and his functions
126. Ports Security Advisory Committee
THE ANDHRA PRADESH MARITIME BOARD ACT, 2019
ACT No. 16 OF 2019
[13th May, 2019]
AN ACT TO PROVIDE FOR RAPID DEVELOPMENT OF PORT SECTOR
AND FOR THE OVERALL DEVELOPMENT OF HINTER LAND AND
OFFSHORE AREAS CONNECTED TO THE PORT-USE AND
INDUSTRIALISATION IN PORT AREAS IN ANDRA PRADESH,
THROUGH ESTABLISHMENT OF THE ANDHRA PRADESH MARITIME
BOARD AND TRANSFER TO THE BOARD OF POWERS VESTED IN
THE DIRECTOR OF PORTS AND FOR THE EXERCISE AND
PERFORMANCE BY OR ON BEHALF OF SUCH BOARD, OF
FUNCTIONS RELATING TO PORTS IN ANDHRA PRADESH; TO
PROVIDE FOR THE TRANSFER OF CERTAIN ASSETS TO THE BOARD
AND TO MAKE PROIVISION IN RESPECT OF MATTERS ANCILLARY
AND INCIDENTAL THERETO OR CONNECTED THEREWITH.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventieth Year of the Republic of India, as follows:-
CHAPTER – I
PRELIMINARY
1. Short title, extent, commencement and application -(1) This Act
may be called the Andhra Pradesh Maritime Board Act, 2018.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification, appoint.
(4) It applies to all non-major Ports in the State to which the Indian
Ports Act, 1908 (Act No 15 of 1908) and the amended Acts, if any, by the
Government of India, applies on the date of the commencement of this
Act, and all other non-major Ports in the State with effect from such date,
as may be declared by the State Government by notification in the Andhra
Pradesh Gazette.
2. Definitions -In this Act, unless the context otherwise requires,-
(a) "appointed day", in relation to any non-major Port, means the
day on which this Act is made applicable to that Port;
(b) "board" means the Andhra Pradesh Maritime Board established
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 appointed under
section 3 and includes the person appointed under section 9 to act
as the Chairman;
(e) “commissioner of customs” means the Commissioner of Customs
as specified in the Customs Act, 1962 (Act No.52 of 1962);
(f) "dock" includes all basins, locks, cuts, entrances, graving docks,
graving blocks, inclined planes, shipways, gridirons, moorings,
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 groines of a harbour;
(g) “developer” means any person or entity (owned by either Private
or State/Central Government Undertakings), other than State
Government or the Board who has entered into a contract with the
Board for development and / or, construction and / or operation
and/or maintenance of a port or port terminal and/or related
infrastructure or is approved by the Board to develop an Economic
Zone within the port areas;
(h) “economic zone” means a zone within or geo-physically
connected to the port area declared as such by the Board;
(i) "foreshore" in relation to a port, means the area between the high
water mark and the low water mark relating to that port;
(j) "goods" includes livestock and every kind of movable property;
(k) “government” means the Government of Andhra Pradesh;
(l) "high water mark", in relation to a port, means a line drawn
through the highest point reached by ordinary spring tides during
any season of the year at that port; or as delineated by the
Competent Authority from time to time;
(m) “immovable property” includes wharfage-rights and all other
rights exercisable on, over or in respect of any land, wharf, dock or
pier.
(n) "indian ports Act" means the Indian Ports Act, 1908 (Act No.15 of
1908) and all the amendments thereto from time to time by the
Government of India;
(o) “inland water transport (IWT)” means inland water transport
system including ferry services in the State.
(p) “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;
(q) “low water mark”, in relation to a port, means a line drawn
through the lowest point reached by ordinary spring tides at any
season of the year at that port; or as delineated by the competent
authority;
(r) “major ports”, shall have the same meaning assigned to it in the
Indian Ports Act, 1908;
(s) "master", in relation to any vessel or craft making use of any non-
major Port means any person having, for the time being, 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;
(t) "member" means a member of the Board or its committee, as the
case may be, including those duly elected and serving in an advisory
capacity to the Board;
(u) "non-major Port" means a port other than a major port declared
as such by the State Government by notification in the Andhra
Pradesh Gazette as per the Indian Ports Act, 1908 or under any
other law for the time being in force;
(v) “notification”, means a notification published in the Andhra
Pradesh Gazette and the word ‘notified’ shall be construed
accordingly;
(w) "owner"-
(i) in relation to goods, means and 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,
means and includes any port owner, chatterer, consignee or
mortgagee in possession thereof;
(x) "pier" includes any stage, stairs, landing place, hard jetty,
floating barge transhipper or pontoon and any bridges or other
works connected therewith;
Explanation:For the purpose of this clause transhipper means a
floating craft or vessel whether dumb or self-propelled, which is
provided for discharging cargo from a barge or wharf and loading it
on to a ship.
(y) "port", means any non-major Port to which this Act applies within
such limits as may, from time to time, be defined by the Government
in consultation with the Ministry of Shipping, Government of India,
so as to ensure coordinated and sustainable development of Port
facilities with waterways and user facilities under the Indian Ports
Act, 1908 (Act No.15 of 1908);
(z) "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, 1908 applies;
(za) ‘port area’ means such area as may be notified within the
vicinity of the port;
(zb) ‘port facility security officer’ means the Port Facility Security
Officer appointed under section 125;
(zc) “port security advisory committee” means the Port Security
Advisory Committee constituted under section 126;
(zd) “prescribed” means prescribed by rules made by the
Government under this Act;
(ze) “public securities” means,-
(i) promissory notes, debentures, stock or other securities of the
Central Government or of any State Government:
Provided that, securities both the principal and the interest
whereof have been fully and unconditionally guaranteed by any
such Government shall be deemed, for the purposes of this
clause, to be the securities of that Government; and
(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 and includes the Board Securities;
(zf) "rate" means and includes any toll, dues, rent, fee or charge
leviable under this Act;
(zg) "regulations" means regulations made under this Act;
(zh) “rules” means rules made under this Act;
(zi) "state" means the State of Andhra Pradesh;
(zj) “unit” means a unit set up by an entrepreneur in the Economic
Zone;
(zk) "vessel" includes anything made for the conveyance, mainly by
water, of human being or of goods;
(zl) "wharf” includes any wall or stage and any part of the Land or
Fore-shore 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;
(zm) All other words and expressions used and not defined in this
Act but defined in the relevant Acts in force in the State, shall have
the same meaning respectively assigned to them thereunder.
CHAPTER –II
ESTABLISHMENT OF ANDHRA PRADESH MARITIME BOARD
3. Establishment of Andhra Pradesh Maritime Board -(1) As soon as
may be after the commencement of this Act, the Government may, by
notification establish a Board to be called “the Andhra Pradesh Maritime
Board.”
(2) The Board shall be a body corporate by the name aforesaid having
perpetual succession and a common seal with power to acquire, hold and
dispose of property, both movable and immovable, and to contract, and
may by the said name sue and be sued.
(3) The head-office of the Board shall be at such place as the State
Government may, by notification direct.
(4) The Board shall consist of such number of members, not being
less than five and not more than 15 (Fifteen) who shall be appointed by
the State Government as follows, namely:
Ex Officio Members,-
(a)A person nominated by the Government – Chairman
(b)Secretary to Government, Energy, Infrastructure & Investment
Department– Vice Chairman
(c)Secretary to Government, Fisheries Department –Member
(d)Secretary to Government, Finance Department -Member
(e)Secretary to Government, Industries Department – Member
(f) One representative from all the privatised ports in the State - Member
(g)One representative from the Ministry of Shipping - Member
(h) A representative nominated by the Central Board of Excise and
Customs - Member
(i) Any other Secretary to Government as nominated by the Government –
Member
(j) Chief Executive Officer of the Board -Member-Secretary
Special Invitees:
(k) One representative of the Indian Navy to be nominated by the
Government of India.
(l) One representative of the Coast guard to be nominated by the
Government of India.
(m) Representative from the Industry Associations.
(n) Incharge of Coastal Police in Government – Member (Security).
Selected Members,-
In addition to the above, the Board shall call for nominations and
elect two independent experts, with the following qualifications who shall
serve as Advisors to the Board for a tenure not exceeding three (3) years:
(i) One independent expert with global experience in maritime trade,
global shipping and supply chain of key cargo commodities.
(ii) One independent expert with vast experience in port policy,
regulations and Public Private Partnership (PPP) contracts, in
major and non-major ports in India and in similar regional and
global geographies.
4. Disqualification of members -A person may be disqualified from
being appointed, or for continuing as a member of the Board, if he,
(a) has been removed or dismissed from the service of Central or State
Government or of local authority or of a corporation owned or
controlled by that Government; or
(b) has been convicted for an offence involving moral turpitude; or
(c) is an un discharged 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:
Provided that no person shall be deemed to have share or interest in
such work, contract or employment by reason only of his, -
(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 license 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 by the Board of a
value not exceeding ten thousand rupees in anyone financial year
of any article in which he trades.
5.Term of office of Members -Subject to the provisions of this Act, the
non-official members of the Board shall hold office for a period not
exceeding three years and their appointment may be terminated at any
time without giving any notice.
6. Termination of services of member of Board - (1) The Government
shall remove a non-official member of the Board, if he,--
(a) is or has become 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 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.
(2) A member of the Board, other than theex-officio member may
resign from his office by tendering his resignation in writing to the
Chairman who shall forward the same to the Government, but the
resignation shall not take effect until it is accepted by the Government.
7. Eligibility of re-appointment - Any person ceasing to be a member
may, unless disqualified under section 4, be eligible for re-appointment;
8. Filling of vacancies -(1) Any vacancy in the office of the non-official
members of the Board shall be filled as early as possible in the like
manner as if the appointment being made for the first time under the
relevant clause:
Provided that where any vacancy occurs in the office of any such
non-official member within three months preceding the date on which the
term of the office of such member expires under section 5, it shall not be
filled.
(2) A member appointed under sub-section (1) shall hold office so
long only as the member in whose place he has been appointed, would
have held office, if the vacancy had not occurred.
9. Absence of Chairman -If the Chairman is absent on leave or
otherwise, the Vice-Chairman and in the absence of both the Chairman as
well as the Vice-Chairman, such person as the State Government may
appoint, shall act as the Chairman.
10.Meeting of Board -(1) The Board shall hold meetings at such times
and places and shall subject to the provisions of sub-sections (2), (3) and
(4) follow such procedure in regard to the transaction of business at its
meetings as provided by the regulations:
Provided that the Board shall meet atleast once in every month.
(2) The Chairman, and in his absence the Vice-Chairman, and in the
absence of both the Chairman as well as the Vice-Chairman, any person
chosen by the members present from amongst themselves, shall preside at
meetings of the Board.
(3) All questions at a meeting of the Board shall be decided by a
majority of the votes of the ex-officio members present and voting and, in
the case of equality of votes, the person presiding shall have a second or
casting vote.
(4) The number of members necessary to constitute a quorum at a
meeting shall be such as may be provided in the regulations.
11. Committees of Board -(1) The Board may, from time to time
constitute such committee or committees consisting of one or more of the
Board’s members and such other members as may be nominated by the
Government from time to time for providing advice to the Board in
carrying out its functions under the Act, on such terms and conditions as
may be prescribed.
(2) In addition to the committees under sub-section (1), the Board
may, from time to time, constitute from amongst its members one or more
Committees, consisting of such number as the Board may consider
necessary, for the purpose of discharging such of its duties and functions
as may be delegated to such Committee or Committees by the Board.
(3) A committee constituted under sub-sections (1) and (2) shall meet
at such time and at such place and shall follow such procedure in regard
to the transaction of business at its meetings including the quorum as
may be provided by regulations.
12. Fees and allowances payable to members -The non-official
members shall be paid by the Board such fees and allowances for
attending meetings of the Board or of any of its Committees and for
attending to any work of the Board, as may be prescribed:
Provided that,--
(a) no fees shall be payable to a member who is a Member of
Parliament or State Legislature;
(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
(Act No.10 of 1959) or as the case may be, in the Andhra
Pradesh (Payment of Salaries and Pension and Removal of
Disqualifications) Act, 1953 (Act No.2 of 1954).
13. Members of Boards or Committee not to vote in certain cases -
A member of the Board or of a Committee thereof, who, -
(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 (Act 16 of
1926) or member of an association formed for the purpose of
promoting the interest 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 meeting of the Board or, as the case may be, the
Committee, and the member shall not take part in any
deliberation or decision of the Board or the Committee with
respect to that matter.
14. Defects in appointments not to invalidate acts etc -No act or
proceeding of the Board or of any of its Committees shall be invalid merely
by reason of,-
(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 proceedings in
contravention of section 13;
(d) any irregularity in its procedure not affecting merits of the case.
15. Functions of the Board -(1) The Board shall, subject to the
provisions of this Act, have administrative control over the port areas in
the State, and exercise the following functions namely,-
(a) to initiate and develop plans and frame guidelines for the port
sector in the State;
(b) to be the State Government’s agency in protection of its
sovereign rights in governing waterfront land on the state
coastline;
(c) to promote the use, development and improvement of non-major
Ports in the State;
(d) to facilitate the development of port connectivity projects, and other
inland infrastructure needed for the effective development of non-
major Ports in the state;
(e) to provide, maintain and operate ports in the State;
(f)to be designated as the State’s agency in all contracts and agreements
entered with private port developers, including but not limited to
concession, state support and land lease agreements for the purpose
of enabling port infrastructure development, and be assigned all
associated duties and obligations;
(g) to actively monitor the performance of private port developers and
conduct independent performance audits on operations, capacity
development, safety and security;
(h) to provide and maintain adequate and efficient lighthouses, beacons
and other lights, buoys and other navigational aids and services at
such places as the Board may deem appropriate;
(i)to regulate and control navigation within the limits of the port and the
approaches to the ports of the State;
(j)to exercise licensing and regulatory functions in respect of port
infrastructure and services;
(k) to exercise supervision and control over all port works in the state
including those works contracted out to third parties;
(l)to frame, make modifications and approve as required, the scale of
rates for services provided by the Board which shall be collected from
users of the State’s ports through the port operators and developers;
(m)to plan or provide or secure the provision of, a safe, economical and
efficient sea transport system for movement of goods and persons in
the State;
(n) to provide or ensure the provision of such other services and facilities
as are in the opinion of the Board necessary for the operations of the
ports in the State;
(o) to furnish to the Government all information in respect to its property
and activities in such manner and at such times as the Government
may require;
(p) to enable development of existing and new non-major ports in the
State as per Indian Ports Act, 1908, and other State Acts;
(q) to encourage port based industries and economic activity within port
areas and in areas physically connected thereto;
(r) to promote environmental enhancement of the onshore and offshore
areas within its jurisdiction in addition to meeting statutory
environmental standards and conditions set by International,
National and State authorities from time to time;
(s) to have the right to acquire and sell shares in Special Purpose
Vehicles, executing Ports and related infrastructure facilities, for the
purpose of effective discharge of its functions, and to secure the
rights of the state government;
(t) to be empowered to receive grants and loans from the state
government for the purpose of investment in maritime and its related
infrastructure and services;
(u) to undertake technical economic and comparative studies from time
to time, in order to maintain a rolling maritime Master Plan, that
shall form the basis of port capacity development;
(v) to promote development of shipbuilding, ship-breaking, ship repair,
Inland water navigation and infrastructure creation and coastal
shipping, along the coastline of the state;
(w)to acquire land and sell, lease or allot them towards creation of port
and port-linked infrastructure facilities;
(x) to promote the development of allied Maritime and Logistic activities
like tourism, education and skill building etc. Or any other activity as
may be specified by Government from time to time;
(y) to implement the policy of the Government, the orders of the
Government and directions of the Government that may be issued
from time to time in respect of all non-major ports in the State.
(z) To develop new non-major ports in the State as per Indian Ports Act,
1908 with the approval of the Government subject to obtaining
security clearance for new projects from Ministry of Home Affairs,
Government of India.
(za) To maintain and regulate ferry services and inland water transport
system:
Provided that the Board shall ensure that all security clearance
pertaining to projects/developments/operation of non-major/private
ports are processed in consultation with concerned Central Security
Agencies and in accordance with the Standard Operating Procedure
recommended by the task force on national security committee on
strengthening maritime and coastal security (NCSMCS) against threats
from the sea.
(zb) To recommend to the State Government new and innovative policies
conducive to enhance trade volumes and private investment in the
maritime sector and its allied areas
(zc) To provide or ensure the providing of such other services and other
facilities as are in the opinion of the Board necessary for the efficient
operation of ports systems in the State.
(zd) To take up Public Private Partnership (PPP) Projects as per the
guidelines of erstwhile Planning Commission as subsequently
amended, by Government of India.
(2) Notwithstanding anything contained in any other State Act, the
State Government shall constitute a Port Proximal Area Development
Authority (PPADA) for each Port, under the chairmanship of the Board,
and with ex-officio representation from Department of Industries,
Department of Infrastructure and local authorities governing the area upto
and within a distance of 10 km measured outward towards the land side
from the port’s limits, but not exceeding beyond its exclusivity limits along
the shore which are defined under the concession agreement. The
Authority shall prepare a master plan for the said area. Such plans shall
be submitted to the State Government for notification. The local
authorities providing sanctions for development/buildings shall seek prior
approval of the Authority before sanctioning such developments/
buildings if it is not in accordance with such notified master plan as may
be notified by the Government from time to time.
(3) Nothing in this section shall be construed as imposing on the
Board, directly or indirectly, any form of duty or liability enforceable by
proceedings before any court.
(4) Board can also take up development of Port outside the State.
(5) In addition to the functions under sub-section (1), the Board shall
undertake such other functions as the Government may assign to the
Board from time to time, and the provisions of this Act shall apply to the
Board in respect of such functions.
16. Delegation of powers -The Board may, with the previous approval
of the State Government, direct that such of the powers and duties
conferred or imposed upon the Board by or under this Act as may be
specified in such direction, may also be exercised or performed by the
Chief Executive Officer subject to such conditions and restrictions as may
be specified in such direction:
Provided that the Chief Executive Officer shall exercise the powers
and perform the duties specified in the direction, subject to the overall
supervision and the control of the Board:
Provided further that all actions taken in pursuance of the powers
delegated by the Board must be ratified by the Board in its next meeting
with or without modifications.
17. Duties of Chairman, and the Chief Executive Officer -(1) The
Chairman may, and the Chief Executive Officer shall attend all meetings of
the Board unless prevented by sickness or other reasonable cause.
(2) The Chief Executive Officer shall, as soon as possible, transmit to
the Government a copy of the minutes of every meeting of the Board and
shall furnish to the Government such reports, returns, documents or
other information as it may, from time to time, call for.
(3) The Chief Executive Officer shall exercise supervision and control
over the acts of all employees of the Board in the matters of executive
administration and in matters concerning the accounts and records of the
Board.
CHAPTER – III
STAFF OF THE BOARD
18. Chief Executive Officer of the Board -(1) The State Government
shall appoint a suitably qualified and experienced individual as the Chief
Executive Officer of the Board.
(2) The qualifications, salary, allowances and other conditions of
service of the Chief Executive Officer and other officers of the Board shall
be such as may be prescribed.
19. Financial Controller-cum-Chief Accounts Officer, Officers and
employees of the Board - (1) The Board shall appoint a person
possessing the qualification as may be prescribed to be the Financial
Controller-Cum-Chief Accounts Officer on such terms and conditions as
may be prescribed.
(2) The Board may create such other posts and appoint such other
officers and employees including contract employees/workers as it
considers necessary for the efficient performance of the functions of the
Board and determine by regulations, their conditions of appointment and
service and remuneration payable to them:
Provided that no person shall be appointed as a Pilot at any Port who
is not for the time being authorised by the Board under the Indian Ports
Act, 1908 to pilot vessels at that Port:
Provided further that no permanent employee is appointed without
prior sanction of the Government.
(3) The Board shall, from time to time, prepare and sanction a
Schedule of the employees of the Board considered necessary, adequate
and proper to maintain for the purposes of this Act and such Schedule
shall indicate therein the designations, grades of employees and the
salaries, fees and allowances which are proposed to be paid to them in the
form of Service Rules for the employees of the Board distinct from the
conditions of employment applicable to Government deputationists in the
Board.
20.Power to grant leave etc. to employees of Board - (1) All employees
serving under the Government either regular, work-charged or contingent
employee immediately before such day solely or mainly for or in
connection with the affairs of non-major Ports shall become employees of
the Board, and each shall hold his office or service therein for the same
tenure and upon the same terms and conditions of service as he would
have held the same if the Board had not been established and shall
continue to do so until his retirement either on superannuation, medical
invalidation, voluntary retirement or removal from service in accordance
with the terms and conditions of his employment.
(2) The Board shall have the power of granting leave and extension of
service to the employees of the Board. The Board shall also have the power
to suspend, remove, dismiss employees, and to otherwise dispose of any
other question relating to the services of the employees of the Board:
Provided that no punishment of dismissal, removal or reduction in
rank of regular employees transferred from State Government to the Board
shall be imposed without following required procedure under Andhra
Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991
and the prior sanction of the Government.
CHAPTER – IV
PROPERTY AND CONTRACTS
21. Transfer of assets and liabilities of State Government to Board -
On and from the appointed day in relation to any Port,-
(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) 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 and it is hereby clarified that such contracts shall
include those entered in relation with development of the Port,
including State Support and Land Lease Agreements, provided for
the Port and Port-linked industrial development;
(c) all non-recurring expenditure incurred by the State Government
for or in connection with the 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 Government to the
Board;
(d) all rates, fees, rents and other sums of money due to the
Government in relation to the Port, immediately before such day,
shall be deemed to be due to the Board;
(e) all suits and other legal proceedings instituted by or against the
Government immediately before such day for any matter in
relation to Port, may be continued by or against the Board;
(f) all employees serving under the Government either regular, work-
charged or contingent employee immediately before such day
shall be transferred to the Board in accordance with under sub-
section (1) of section 20;
(g) all existing service rules applicable to employees serving under the
State Government shall be applicable to the employees
transferred from State Government to the Board under sub-
section (1) of section 20 including:-
(i) the existing pay scales of Andhra Pradesh Government;
(ii) all other allowances such as dearness allowance, house rent
allowance etc, applicable to Government employees;
(iii)all revisions in pay scales by the State Government, as may
be provided for from time to time, for Government
employees;
(iv)Any other benefits like compassionate appointment, medical
reimbursements, leave travel concession, surrender leave
etc. extended by the State Government to its employees
from time to time.
(h) (i) all pensionery benefits in respect of employees appointed before
01.09.2004 and covered under Andhra Pradesh Revised Pension
Rules, 1980 and transferred from the Government to the Board in
accordance with sub-section (1) of section 20, shall be finalised by
the Accountant-General, and paid accordingly, as in the case of
other State Government employees as per the Andhra Pradesh
Revised Pension Rules, 1980 and as amended from time to time.
(ii) All pensionery benefits of such employees whose services
were rendered earlier in the Government as well as in the
Board shall be settled by the Accountant General and paid
accordingly through the Andhra Pradesh State Treasury.
(iii) In respect of employees appointed on or after 01.09.2004
and uncovered under Andhra Pradesh Revised Pension
Rules, 1980, the Board shall pay applicable pension
contribution under New Pension Scheme from its funds for
the service rendered by the employee along with employee
share/contribution by way of challan to the Treasury to
upload the data to Center for Record Agency (CRA) for
crediting into the individual account and the procedure for
uploading the data of Contribution Pensions (C.Ps) as may
be specified by Government by way executive orders from
time to time.
(i) Not withstanding anything contained in rule 35 and rule 36 or any
other rule of the Andhra Pradesh Revised Pension Rules, 1980,
the employees absorbed in the Andhra Pradesh Maritime Board
from the Andhra Pradesh Port Department will get all pensionery
benefits including family pension. The interest of the employees
absorbed in the Board shall not detrimentally be affected by such
absorption in any manner.
22. Existing rates etc to continue until altered by Board -On and
from the appointed day, all rates, fees and other charges in relation to any
Port shall unless and until varied continue to be levied and collected, at
the same rate at which they were being levied and collected by the State
Government before such day.
23. Repayment of capital with interest -(1) The Board shall repay, at
such intervals and on such terms and conditions as the Government may
determine, the amount which is treated under clause (c) of section 21 as
capital provided by the Government, with interest at such rate as may be
fixed by the Government and such repayment of capital or payment of
interest shall be deemed to be a part of the expenditure of the Board.
(2) The State Government may collect waterfront royalty from the
Board for cargo handled at the Non-Major Ports of the State and such
royalty may be paid by the Board to the State Government for use of the
waterfront and such payment would be considered a part of the expenses
of the Board.
24. Procedure when land cannot be acquired by agreement -
Government may, at the request of the Board, procure the acquisition of
land under the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Central Act 30 of 2013), and on payment by the
Board of the compensation awarded under that Act and of the charges
incurred by the Government in connection with the proceedings, the land
shall vest in the Board.
25. Contracts by Board -With respect to the making of contracts by the
Board for the purposes of this Act, the following provisions shall have
effect, namely:-
(a) Every contract shall be made on behalf of the Board by the Chief
Executive Officer or an Officer authorised by the Board;
(b) No contract for leasing waterfront, waterway and jetty and
corresponding infrastructural facilities thereof for a term
exceeding five years shall be made without prior approval of the
Government on such terms and conditions as it may think fit;
(c) No contract for the 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 any
thinks fit;
(d) Every concession or lease or licence agreement or such other
commercial arrangement with any developers and/or operators
for development, construction, finance, operation and
maintenance of port and/or port terminals and /or related
infrastructure and / or industrial infrastructure in port areas
shall be in accordance with the provisions contained in the
Andhra Pradesh Infrastructure Development Enabling Act, 2001
wherein the Board shall be the deemed Infrastructure Authority
under section 3 of the said Act:
Provided that a developer or as the case may be a bidding
consortium so selected shall have proportionate net worth of not
less than equity component of the estimated cost of the project
as certified by a reputed financial institution as may be
prescribed;
(e) The form and manner of executing contracts on behalf of the
Board shall be such as may be prescribed by rules;
(f) Any contract made in contravention of the provisions of this Act
and the rules made hereunder shall not be binding on the
Government.
CHAPTER – V
WORKS AND SERVICES TO BE PROVIDED AT
NON-MAJOR PORTS BY THE BOARD
26.Power of Board to execute works and provide appliances -(1) The
Board may, subject to any other law for the time being in force, execute
such works, within or beyond the limits of a port and provide such
appliances as it may deem neceExcerpt shown. Open the full act in Lexace.