LexThe Maharashtra Maritime Board Act, 1996.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1997 : Mah. XV] 1
THE MAHARASHTRA MARITIME BOARD ACT, 1996
[Text as on 11th March 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER 1
PRELIMINARY
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF MAHARASHTRA MARITIME BOARD
3. Establishment of Maharashtra Maritime Board.
4. Disqualification of members.
5. Term of office of members.
6. Removal of members of Board.
7. Eligibility of appointment.
8. Filling of vacancy.
9. Absence of Chairman
10. Meeting of Board.
11. Committees of Board.
12. Fees and allowances payable to members.
13. Member of Board or Committee not to vote in certain cases.
14. Defects in appointment not to invalidate acts, etc.
15. Delegation of powers.
16. Duties of Chairman, etc.
CHAPTER III
STAFF OF THE BOARD
17. Chief Executive Officer of Board.
18. Financial Controller-cum-Chief Accounts Officer, officers and employees of Board.
19. Power to grant leave, etc., to employees of Board.
CHAPTER IV
PROPERTY AND CONTRACTS
20. Transfer of assets and liabilities of State Government to Board.
2 The Maharashtra Maritime Board Act, 1996 [1997 : Mah. XV
21. Existing rates, etc., to continue until altered by Board.
22. Repayment of capital with interest.
23. Procedure when land cannot be acquired by agreement.
24. Contracts by Board.
CHAPTER V
WORKS AND SERVICES TO BE PROVIDED AT MINOR PORTS BY THE BOARD
25. Power of Board to execute works and provide appliances.
26. Power of Board to undertake certain works.
27. Power of Board to order sea-going vessels to use docks, wharves, etc.
28. If accommodation sufficient, all sea-going vessels compelled to use docks, wharves, etc.
29. Power to order vessels not to come along side of, or to be removed from, docks, wharves,
etc.
30. Power of Government to exempt vessels from obligation to use wharves, etc.
31. Board to declare when vessels, other than sea-going vessels compelled to use dock,
wharves, etc.
32. Performance of services by Board or other person.
33. Responsibility of Board for loss, etc., of goods.
34. Accommodation to be provided for officers of Customs in wharves, etc., appointed under
Customs Act, 1962.
35. Power to permit erection of private wharves, etc., within limits of a port subject to
conditions.
36. Compensation payable in certain cases where use of any private wharf, etc., rendered
unlawful.
CHAPTER VI
IMPOSITION AND RECOVERY OF RATES AT PORTS
37. Scales of rates for services performed by Board or other person.
38. Scales of rates and statement of conditions for use of property belonging to Board.
39. Consolidated rates of combination of services.
40. Power to levy concessional rates in certain cases.
41. Prior sanction of State Government to rates and conditions.
42. Power of State Government to require modification or cancellation of rates.
43. Remission of rates of charges.
44. Refund of excess charges.
45. Notice of payment of charges short levied or erroneously refunded.
46. Time for payment of rates on goods.
47. Board’s lien for rates.
48. Ship-owner’s lien for freight and other charges.
1997 : Mah. XV] The Maharashtra Maritime Board Act, 1996 3
49. Sale of goods after two months, if rates or rent are not paid or lien for freight is not
discharged.
50. Disposal of goods not removed from premises of Board within limit.
51. Application of sale proceeds.
52. Recovery of rates and charges by distraint of vessel.
53. Grant of part clearance after payment of rates, realisation of damages, etc.
CHAPTER VII
BORROWING POWERS OF BOARD
54. Power to raise loans.
55. Board Securities.
56. Right of joint or several payees of securities.
57. Power of two or more joint holders to give receipt.
58. Endorsement to be made on security itself.
59. Endorsement of security not liable for amount thereof.
60. Impression of signature on securities.
61. Issue of duplicate security.
62. Conversion of Securities.
63. Discharge in certain cases.
64. Security for loans taken by Board.
65. Remedies of Government in respect of loans made to Board.
66. Power of Board to repay loans before due date.
67. Establishment of sinking fund.
68. Investment and application of sinking fund.
69. Annual examination of sinking fund.
70. Powers of Board to raise loans on short term bills.
71. Power of Board to take temporary loans or overdrafts.
72. Power of Board to borrow money from International Bank for Reconstruction and
Development or other foreign institutions.
CHAPTER VIII
REVENUE AND EXPENDITURE
73. General Fund of Board.
74. Application of moneys in General Fund.
75. Power to transfer moneys from General Fund to specified account and Vice-Versa.
76. Establishment of Reserve Funds.
77. Power to reserve Maritime Board Securities for Board’s own investments.
78. Prior sanction of Government to charge expenditure to capital.
4 The Maharashtra Maritime Board Act, 1996 [1997 : Mah. XV
79. Works requiring sanction of Board or Government.
80. Power of Chief Executive Officer as to execution of work.
81. Power of Board to compound or compromise claims.
82. Writing-off losses.
83. Power, etc., of Board as Conservator.
84. Budget estimates.
85. Preparation of supplementary estimates.
86. Reappropriation of amount in estimates.
87. Adherence to estimate except in emergency.
88. Accounts and audits.
89. Publication of audit report.
90. Board to remedy defects and irregularities pointed out in audit report.
91. Government to decide difference between Board and Auditors.
CHAPTER IX
SUPERVISION AND CONTROL OF STATE GOVERNMENT
92. Administration report.
93. Submission of statement of income and expenditure to State Government.
94. Power of Government to supersede Board.
95. Power of Government to give directions to Board.
CHAPTER X
PENALTIES
96. Persons employed under this Act to be public servants for certain purposes.
97. Penalty for contravention of sections 27, 28, 29 and 30.
98. Penalty for settings tip wharves, quay, etc., without permission.
99. Penalty for evading rates, etc.
100. Recovery of value of damage to properly of Board.
101. Other offences.
102. Cognizance of offences.
103. Offence by companies.
CHAPTER XI
MISCELLANEOUS
104. Local Advisory Committee.
105. Limitation of proceedings in respect of thing done under this Act.
106. Protection of act done in good faith.
107. Power of State Government to make rules.
1997 : Mah. XV] The Maharashtra Maritime Board Act, 1996 5
108. Power to make regulations.
109. Provisions with respect to regulations.
110. Power of Government to direct regulations to be made or to make regulations.
111. Power of Government to make first regulations.
112. Posting of certain regulations, etc.
113. Saving of right of Government and Municipalities to use wharves, etc., for collection of
duties and power of Customs Officers.
114. Application of provisions of this Act to aircraft.
115. Power to remove difficulties.
116. Deletion of sections 5A of Act No. XV of 1908.
117. Repeal and savings.
118. Repeal of Mah. Ord. XVI of 1996 and saving.
6 The Maharashtra Maritime Board Act, 1996 [1997 : Mah. XV
1997 : Mah. XV] The Maharashtra Maritime Board Act, 1996 7
MAHARASHTRA ACT No. XV OF 19971
[THE MAHARASHTRA MARITIME BOARD ACT, 1996.]
[This Act received the assent of the President on 16th January 1997; assent was first published in
the Maharashtra Government Gazette, Part IV, Extraordinary, on 17th January 1997.]
An Act to make provision for constitution of a Maritime Board for minor ports in the
State of Maharashtra and to vest administration, control and management
of such ports in that Board and to provide for matters connected
therewith and incidental thereto.
WHEREAS it was expedient to make provisi ons for the constitution of a Maritime Board for
minor ports in the State of Maharasht ra and to vest administra tion, control and management of such
ports in that Board and to provide for matters connected therewith and incidental thereto;
AND WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circums tances existed which
rendered it necessary for him to take immediate action to make a law for the purposes aforesaid; and,
therefore, promulgated the Mahar ashtra Maritime Board Ordinance 1996, on the 4 th October 1996
(Mah. Ord. XVI of 1996).
AND WHEREAS it is expedient to replace the said Ordinance by an Act of State Legislature; I t
is hereby enacted in the Forty-seventh Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title , extent, commencement and application. — (1) This Act m ay be called the
Maharashtra Maritime Board Act, 1996.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 4th October 1996.
(4) It applies to all the minor ports in the State to which the Indian Ports Act, 1908, applies on the
date of the commencement of t his Act and the State Govern ment may, by notification in the
Official Gazette , apply the provisions of this Act to any other minor port in the State to which the
Indian Ports Act, 1908 is extended by the State Government under section 4 of that Act, and with effect
from such date, as may be specified in the notification.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “appointed day”, in relation to any minor port, means the day on which this Act is m ade
applicable to that port;
(b) “Board” means the Maharashtra 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 appointed under section 3 and includes
the person appointed under section 9 to act as the Chairman;
(e) “dock” includes all basins, locks, cuts, entrances, graving docks, graving blocks inclined
planes, slipways, gridirons, moorings, trans it 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 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 livestock and every kind of movable property;
(h) “Government” or “State Government” means the Government of Maharashtra;
1 For Statement Objects and R easons of the L. A. Bill No. XLV of 1996, see Maharashtra Government Gazette
Extraordinary, Part VIII, page 916.
8 The Maharashtra Maritime Board Act, 1996 [1997 : Mah. XV
(i) “high water mark ”, in relation to a port, means a line drawn thr ough the highest point
reached by ordinary spring tides during any season of the year at that port;
(j) “immovable property” includes wharfage-rights and all ot her rights exercisable on, over
or in respect of any land, wharf, dock or pier;
(k) “Indian Ports Act” means the Indian Ports Act, 1908 (15 of 1908);
(l) “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;
(m) “low water mark ”, in relation to a port, means a line drawn through th e lowest point
reached by ordinary spring tides at any season of the year at that port;
(n) “master”, in relation to any vessel or craft making use of any mino r port means any
person having for the time b eing in charge or control of suc h vessel or craft, as the ease may be,
except a pilot, harbour master, dock master, or berthing master of the port;
(o) “member” means a member of the Board or its Committee, as the case maybe;
(p) “minor port ” means a port other than a major port declared as such by the C entral
Government under any law;
(q) “owner”,—
(i) in relation to goods, means and includes any con signor, consignee, shipper or agent
for the sale, custody, loading or unloading of such goods, and
(ii) in relation to any vessel or craft making u se of any port, means and inclu des any
port owner, charterer, consignee or mortgagee in possession thereof;
(r) “pier” includes any stage, sta ir, landing place, hard jetty, f loating barg or pontoon and
any bridges or other works connected therewith;
(s) “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;
(t) “port approaches”, in relation to a port, means those parts of the naviga ble rivers and
channels leading to the port in which the Indian Ports Act is in force;
(u) “prescribed” means prescribed by rules or regulations made under this Act;
(v) “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 full y
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;
(w) “rate” means and includes any toll, dues, rent, fee or charge leviable under this Act;
(x) “regulations” means regulations made under this Act;
(y) “rules” means rules made under this Act;
(z) “State” means the State of Maharashtra;
(za) “vessel” includes anything made for the conveyance, mainly by water , of human being
or of goods;
1997 : Mah. XV] The Maharashtra Maritime Board Act, 1996 9
(zb) “wharf” includes any wall or stage a nd any part of the land or fore shore that may be
used for loading or unloading goods for the embarkation or disembarkation of passengers and any
wall enclosing or adjoining the same.
CHAPTER II
ESTABLISHMENT OF MAHARASHTRA MARITIME BOARD
3. Establishment of Mahar ashtra Maritime Board. — (1) As soo n as may be after the
commencement of this Act, the Government may, 1by notification in the Official Gazette, establish a
Board to be called “The Maharashtra 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 in the Official Gazette, direct.
(4) The Board shall consist of the Chairman, the Vice -Chairman and not more than eleven other
members to be appointed by the State Government, namely:—
(a) Minister, Ports ex officio Chairman.
(b) Minister of State, Ports ex officio Vice-
Chairman.
(c) Secretary to Government, Home,
Department (Transport)
ex officio Member.
(d) Secretary to Government, Finance
Department
ex officio Member.
(e) Secretary to Gov ernment, Industries
Department
ex officio Member.
(f) One representative from the Indian
Navy to be nomi nated by the Central
Government
ex officio Member.
(g) not more than six non -official members
to be appointed from amongst the
persons who, in the opinion of the
Government have experience of, and
shown capacity in, one or more of the
following fields, namely :—
non official Members.
(i) ports, shipping, maritime affairs or
commerce, or in the administration of such
matters;
(ii) engineering and harbour works;
(iii) accounts pertaining to industry.
commerce, ports or shipping;
(iv) navigation, particularly with reference
to dredging and hydro logical survey;
(v) trade, commerce and industry;
(vi) representing the interests of worke rs of
1 See Maharashtra Government Gazette, Part IV-B (vide G.N. H.D No. ETP.1096/CR -133/TRA 5, dated 22 nd November
1996 whereunder the Board has been established).
10 The Maharashtra Maritime Board Act, 1996 [1997 : Mah. XV
minor ports; and
(h) Chief Executive Officer of the Board
appointed under section 17.
ex officio Member-
Secretary.
4. Disqualification of member s.— A person shall be disqualified for being appointed o r for
continuing as a member of the Board, if he,—
(a) has been removed or dismissed from the ser vice of Central or State Govern ment or of
local authority or of a corporation owned or controlled by that Government;
(b) has been convicted for an offence involving 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:
Provided that, no person shall be deemed to have share or interest i n 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 o r interest in any newspaper in which any advertisement rela ting 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 immoveable
property or any agreement for the same; or
(v) havin g a share or interest in any licence by the Board or right by agreement or
otherwise with the Board, to the so le or preferential use of any pr emises o r 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 any one 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 during the pleasure o f the Government and in any case for a period not
exceeding three years.
6. Removal of members of Board.— (1) The Government shall remove a 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 non-official member of the Board 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 appointment. — Any person ceasing to be a member shall, unless disqualified
under section 4, be eligible for reappointment.
1997 : Mah. XV] The Maharashtra Maritime Board Act, 1996 11
8. Filling of vacancy. — 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 were 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 t he State
Government may appoint, shall act as the Chairman.
10. Meeting of Board. — (1) The Board shall hold meetings at su ch 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.
(2) The Chairman, and in his absence t he Vice -Chairman, and in the ab sence 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 dec ided by a majority of the votes of the
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 a t a meeting shall be such as may
be provided in the re gulations and no business shall be transacted at any meeting unless the mem bers
constituting the quorum are present throughout such meeting.
11. Committees of Board.— (1) The Board may, from time to time, constitute from amongst its
members one or more C ommittees, 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.
(2) A Committee constituted under sub-section (1) 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 Comm ittees and
for attending to any work of the Board as may be prescribed by rules:
Provided that,—
(a) no fees shal l be payab le 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 Di squalification) Act, 1959 (10 of 1959) or as the case may be, in
the Explanation to entry 11 in Schedule I to the Maharashtra L egislature Members (Removal of
Disqualifications) Act (Bom. LII of 1956).
13. Member of Board 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
12 The Maharashtra Maritime Board Act, 1996 [1997 : Mah. XV
(ii) is interested professionally on behalf of a client or as agent for any person other than the
Government or an undertaki ng owned or controlled by the Government or a local authority or a
trade union registered under the Trade Un ions Act, 1926 (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 reco rded 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 appointment not to invalida te 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 a ny defect in the appointment of, a person acting as a member
thereof; or
(c) any member havin g 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. Delegation of powers. — The Board may, with the pre vious 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 i n 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.
16. Duties of Chairman, etc.— (1) It shall be the duty of the Chairman, the Vice-Chairman and
the Chief Executive Officer to attend every meeting of the Board unless prevented by sic kness or other
reasonable cause.
(2) The Chief Executive Officer shall, as soon as p ossible, transmit to the Govern ment 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
17. Chief Executive Officer of Board. — (1) The State Government shall appoint the Chief
Executive Officer of the Board.
(2) The salary, allowances and other conditions of service of the Chief Executive Of ficer shall be
such as may be prescribed by the rules.
18. Financial Controller-cum-Chief Accounts Officer, officers and employees of Board.— (1)
The Board shall, with the previous sa nction of the State Government , appoint a person possessing the
qualification prescribed by rules, to be the Financial Controller-cum-Chief Accounts Officer. The State
Government may sanction such appointment on such terms and conditions as it thinks fit.
(2) The Board may create such other posts and ap point such other offi cers and employees 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 State Government under the Indian Ports Act to pilot vessels at that port.
1997 : Mah. XV] The Maharashtra Maritime Board Act, 1996 13
(3) The Board shall, from time to time, prepare and sanction a Schedule of the empl oyees of the
Board considered necessary, adequate and proper to maintain for the purposes of this Act and such
Schedule sha ll indicate therein the designa tions and grades of employees and the salaries, fees and
allowances which are proposed to be paid to them.
19. Power to grant leave, etc., to employees of Board. — (1) Subject to any regulations, the
power of granting extension of service to, of granting leave to, suspending, reducing, removing or
dismissing or of disposing of any other question relating to the services of the emp loyees of the Board
including the power of dispensing with the services of any such employee otherwise than by reason of
the misconduct of such employee, shall be exercised by the Board or such authority as may be laid
down by regulations.
(2) Any officer or employee of the Board aggrieved by an order involving his reduction in rank,
removal or dismissal may, within such time and in such manner as may be provided for by regulations,
prefer an appeal to the State Government.
CHAPTER IV
PROPERTY AND CONTRACTS
20. Transfer of assets and liabilities of State Government to Board.— As 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 Sta te Government immediately before such
day, for or in co nnection 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) 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) every employee serving under the Government immediately before such da y solely or
mainly for or in connection with the aff airs of the minor port shall be come an employee of the
Board, and shall hold his office or service therein by the same tenure an d upon th e same terms
and conditions of service as he would have held the same if the Board had not been es tablished
and shall continue to do so unless and until his employment in the Board is terminated or until his
tenure, remuneration or terms and conditions of service are duly altered by the Board:
Provided that, the tenure, remuneration and terms and conditions of service of any such
employee shall not be altered to his disadvantage without the previous sanction of the
Government.
21. Existing rates e tc., to continue until altered by Board. — As from the appointed day, all
rates, fees and other charges in relation to any port, shall unless and until varied in accordance with the
provisions of this Act , continue to be levied and collected, at the same rate at which they we re being
levied and collected by the State Government before such day.
22. Repayment of capital with interest.— 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 20 as capital provided by the Government with interest at such rate as may be fixed by th e
Government and such repayment of capital or payment of interest shall be deemed to be a part of the
expenditure of the Board.
14 The Maharashtra Maritime Board Act, 1996 [1997 : Mah. XV
23. Procedure when land cannot be acquired by agreement.— Where any land is required for
the purposes of the Board, the Government may, at the request of the Board, procure the acquisition
thereof under the provisions of the Land Acquis ition Act, 1894 ( I of 1894) , and on paymen t 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.
24. 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 le asing waterfront, jetty, waterway and corresponding infrastructural
facilities thereof for a term exceeding five years shall be made unless it is previously approved by
the Government on such terms and conditions as it may thinks fit.
(c) No contract for the acquisition or sale of immoveable 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 Government, on such terms and conditions as it may thinks fit.
(d) The form and manner of executing contracts on behalf of the Board shall be such as may
be prescribed by rules.
(e) 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
25. 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 without the limits of port
and provide such appliances as it may deem necessary or expedient.
(2) Such works and appliances may include,—
(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
such convenient arches, drains, landing places, stairs, fences, roads, bridges, tunnels and
approaches, and buildings required for the re sidence of the employees of the Board as the Board
may consider necessary;
(b) buses, locom otives, rolling stock, sheds, hotels, warehouses and other accommodation
for passengers and goods and other appliances for car rying passengers and for conveying,
receiving and storing goods landed, or to be shipped or otherwise;
(c) moorings and cranes, s cales and all other necessary means and appliances for loading
and unloading of vessels;
(d) reclaiming, excavating, enclosing and raising any part of the foreshore of the port or port
approaches which may be necessary for the execution of the works autho rised by this Act or
otherwise for the purposes of this Act;
(e) such breakwaters and other works as may be expedient for 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 neces sary 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 purpose of saving or protecting life or property and for the purp oses of landing, shipping
or transhipping passengers or goods under section 32;
1997 : Mah. XV] The Maharashtra Maritime Board Act, 1996 15
(i) sinking of tubewells and equipment, maintenance and u se of boats, barges and other
appliances for the purpose of the supply of water at the port;
(j) engines and other appliances necessary for extinguishing of fires;
(k) lands abutting the sea coast including creeks;
(l) ferry boats and other works and equipment appertaining to the running ferry service at or
between the ports;
(m) construction of models and plans for carrying out hydraulic studies;
(n) dry docks, slipways, boat basins and workshop to carry out repairs or overhauling of
vessels, tugs, boats, machinery or other appliances.
26. Power of Board to undertake certain works. — (1) The Board may undertake to carry out
on behalf of any person any works or services or any class of works or services, on such terms and
conditions as may be agreed upon between the Board and the person concerned.
(2) The Board may, if it considers necessar y or expedient in the public interest s o to do, lend any
of its vessels or appliances or the services of any of its employees to any person for such period not
exceeding three months and on such terms and conditions as may be agreed upon between the Board
and the person concerned.
27. Power of Board to order sea -going vessels to use docks, wharves, etc. — (1) When any
dock, berth, wharf, quay, stage, jetty or pier erected at any port or port approaches under the provisions
of this Act has been completed with sufficient Warehouses, sheds and appliances for receiving, landing
or shipping goods or passengers from and upon sea -going vessels, the Board may, after obtaini ng the
approval of the Collector of Customs and by notification published in three consecu tive issues of the
Official Gazette, declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is
ready for receiving, landing and shipping or for landing or for shipping goods or passengers from and
upon sea-going vessels.
(2) As from the date of the publication of such notification for the third time it shall be lawful for
the Board, from time to time, when there is room at such dock, bert h, wharf, quay, stage, jetty or pier,
to order to come alongside of such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for
the purpose of landing and shipping goods or passengers or for landing or for shipping the same any
sea-going vessel within the post or port approaches which has not commenced to discharge goods or
passengers or which being about to take in goods or passengers has not commenced to do so:
Provided that, before making such order the Board shall have regard, as far as possible, to the
convenience of such vessel and of the shippers in respect of the rule of any particular dock, berth,
wharf, quay, stage, jetty, pier or place of anchorage:
Provided further that, if the Board is not the Conservator of the Port, the Board shall not itself
make the order as aforesaid but shall require the Conservator of the Port or other per son exercising the
rights, powers and authorities of the Conservator of the Port to make such order.
28. If accommodation sufficient, all sea -going ve ssels compel led to use docks, wharves,
etc.— When sufficient number of docks, berths, wharves, quays, stages, jetties or piers have been
provided at any port or port approaches as aforesaid, the Board may, after obtaining the approval of the
Collector of Customs and by notification published in three consecutive issues of the Official Gazette,
direct that no goods or passengers shall be landed or shipped from or upon any sea -going vessel within
the minor port or port approaches otherwise than at such docks , berths, wharves, quays, stages, jetties
or piers, except with the sanction of the Board and in accordance with such conditions as the Board
may specify.
29. Power to order vessels not to come alongside of or to be removed from, docks wharves
etc.— Any officer appointed by the Board in this behalf, may, in cases of emergency or for any reason
which appears to him sufficient, by notice in writing, order the master or owner or agent of any
sea-going vessel not to bring such vessel alongside of, or to remove such vessel from, any dock, berth,
wharf, quay, stage, jetty, pier or place of anchorage belonging to or under the control of the Board and
16 The Maharashtra Maritime Board Act, 1996 [1997 : Mah. XV
if, such notice is not complied with, the Board may charge in respect of such vessel such sum as it
thinks fit, not exceeding one thousand rupees for each day of twenty-four hours or portion of such day,
during which such vessel remains at such dock, berth, wharf, quay, stage, je tty, pier or place of
anchorage:
Provided that, in the case of a vessel ordered to be r emoved, such charge shall not commence to
be made till after the expiry of twelve hours from the service of such notice as aforesaid on the master
or owner or agent of the vessel.
30. Power of Government to exempt vessels from obligation to use wharves e tc.—
Notwithstanding anything contained in section 27 or 28, the Government may, if in its opinion it is
necessary in the public interest so to do, by general or to special order, from time to time, permi t
certain specified vessels or classes of vessels to discharge or ship goods or certain specified goods or
classes of goods at such place in a port or within the port approaches, in such manner, during such
period a nd subject to such payments to the Board and o n such conditions as the Govern ment may
think fit.
31. Board to declare when vessels, other than sea -going vess els compelled to use dock
wharves, etc.— (1) When any dock, berth, wharf, quay, stage, jetty, pier or place of ancho rage for
receiving, landing or shipment of goods or passengers from or u pon vessels, not being sea -going
vessels, has been made and completed with all proper appliances i n that behalf, the Board may, af ter
obtaining the approval of the Collector of vessels Customs, by ord er published in the
Official Gazette,—
(i) declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready
for receiving, landing or shipment of goods or passengers 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 the Board, to land or ship any goods or passengers out of, or into, any vessel
not being sea-going vessel of any class, specified in such order, except at such dock, berth, wharf,
quay, stage, jetty, pier or place of anchorage.
(2) As fro m the date of the publication of the order mentioned in sub -section (1), it shall not be
lawful, without the consent of the Board, for any vessel of such class,—
(i) to land or ship any goods or passengers at any plac e within the limits so specified except
at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage;
(ii) whil e within such limits, to anchor fasten or lie within fifty yards of the ordinary
low-water mark.
(3) If after the publication of such order, any such vessel, while within the limits so specified, so
anchor, fasten or lie, it shall be lawful for the Board to cause the same to be removed out of the said
limits at the expense of the master or owner or agent of the vessel.
32. Performance of services by Board or other person. — (1) The Board shall have power to
undertake the following services :—
(a) stevedoring, landing, shipping or transhipping passengers and goods by 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 appr oaches, by such means and
subject to such restrictions and conditions as the State Government may think fit to impose; and
(d) piloting, hauling, mooring, remooring, hooking or measuring of vessels or any other
service in respect of vessels.
(2) The Board may, if so requested by th e owner, take charge of the goods for the purpose of
performing the service or services and shall give a receipt in such form as the Board may specify.
1997 : Mah. XV] The Maharashtra Maritime Board Act, 1996 17
(3) Notwithstanding anything contained in th is section, the Board may autho rise any person to
perform a ny of the services mentioned in sub -section ( 1) on such terms and conditions as may be
agreed upon.
(4) No person authorised under sub -section (3) shall charge or recover for such service any sum
in excess of the amount leviable according to the scale framed under sections 37, 38 or 40.
(5) Any such person shall, if so required by the owner, perform in respect of the goods any of the
services and for that purpose take charge of the goods and give a receipt in such form as the Board may
specify.
(6) The responsibility of any such person for the los s, destruction or deterioration of goods of
which he has taken charge shall, subj ect to th e other provisions of this Act, be that of a bailee under
sections 151, 152 and 161 of the Contract Act, 1872 (9 of 1872).
(7) After any goods have been taken charge of and a receipt given for them under this section, no
liability for any loss or damage which may occur to them shall attach to any person to whom a receipt
has been given or to the master or owner of the vessel from which the goods ha ve been landed or
transhipped.
33. Responsibility of Board for, loss, etc., of goods.— (1) Subject to the provisions of this Act,
the responsibility of the Board for the loss, destruction or deterioration of goods of whi ch it has ta ken
charge shall,—
(i) in the case of goods received for carriage by railway, be governed by the provisions of
the Indian Railways Act, 1890 (9 of 1890), and Excerpt shown. Open the full act in Lexace.