The ODISHA MARITIME BOARD ACT, 2020

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THE ODISHA MARITIME BOARD ACT, 2020

TABLE OF CONTENTS
PREAMBLE:
SECTIONS:
CHAPTER I
PRELIMINARY
1. Short title, Commencement and application.
2. Definitions:
CHAPTER II
ESTABLISHMENT OF ODISHA MARITIME BOARD

3. Establishment of Odisha Maritime Board.
4. Disqualifications of members.
5. Terms of office of members.
6. Vacation of office by the members.
7. Eligibility for re-appointment.
8. Filling of vacancies.
9. Absence of Chairperson.
10. Meetings of the Board.
11. Committees of the Board.
12. Meeting of the Board or a Committee through video conferencing.
13. Fees and allowances payable to the members.
14. Members of the Board or the Committee not to vote in certain cases.
15. Defects in appointment not to invalidate acts, etc.
16. Powers and Duties of the Chairperson and the Member Secretary.
17. Delegation of powers.
18. Powers and functions of the Board.
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CHAPTER III
STAFF OF THE BOARD

19. Appointment of Staff.
CHAPTER IV
PROPERTY AND CONTRACTS

20. Property and contracts.
21. Existing rates, etc. to be continued until altered by the Board.
22. Repayment of capital with interest.
23. Procedure when immovable property cannot be acquired by agreement.
24. Contracts by the Board.

CHAPTER V
WORKS AND SERVICES TO BE PROVIDED AT PORTS BY THE BOARD

25. Powers of the Board to execute works and provide appliances.
26. Power of the Board in undertaking certain works.
27. Power of the Board to order sea going vessel to use dock. wharves etc.
28. Accommodation for sea going vessels to use docks, wharves etc.
29. Power to order vessels not to come alongside of, or to be removed from docks,
wharves etc.
30. Power of the State Government to exempt vessels from obligation to use wharves etc.
31. Board to declare when vessels other than sea going vessels compelled to use d ock,
wharves, etc.
32. Performance of services by the Board or other person.
33. Responsibility of Board for loss, etc. of goods.
34. Accommodation to be provided for customs officers in wharves, etc.
35. Power to permit erection of private wharves, etc. within the limits of port.
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36. Compensation payable in certain cases where use of any private wharf, etc. rendered
unlawful.
37. Appointment of Port Facilities Security officer.
CHAPTER VI
IMPOSITION AND RECOVERY OF RATES AT PORTS

38. Scales of rates for services performed by the Board or other person.
39. Scales of rates and statement of conditions for use of property belonging to the Board.
40. Consolidated scales of rates for combination of services.
41. Power to levy concessional rates in certain cases.
42. Scales of rate and conditions.
43. Power of the State Government to require modification or cancellation of rates.
44. Exemption or remission of rates or charges.
45. Refund of over 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 on freight and other charges.
50. Sale of goods after two months if rates or rent are not paid or lien for freight is not
discharged.
51. Disposal of goods not removed from premises of Board within the time limit.
52. Application of sale proceeds.
53. Recovery of rates and charges by detainment of vessel.
54. Grant of port clearance after payment of rates realization of damages, etc.,

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CHAPTER VII
BORROWING POWERS OF BOARD
55. Powers to raise loans.
56. Board Securities.
57. Right of joint or several payees of securities.
58. Powers of one or two or more joint holders to grant receipt.
59. Endorsements to be made on the face of the Security.
60. Endorsement of security not liable for amount thereof.
61. Impression of signatures on securities.
62. Issue of duplicate security.
63. Issue of converted, consolidated or sub-divided securities.
64. Discharge in certain cases.
65. Security for loans taken by Board.
66. Remedies of State Government in respect of loans made to the Board.
67. Power of Board to repay loans before due date.
68. Establishment of sinking fund.
69. Investment and application of sinking fund.
70. Examination of sinking fund.
71. Power of the Board to raise loans on Short Term Bills.
72. Power of the Board to take temporary loans or overdrafts.
73. Power of the Board to borrow money from Foreign Lending Institutions.
CHAPTER VIII
REVENUE AND EXPENDITURE
74. General Fund of the Board.
75. Application of monies in General Fund.
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76. Power to transfer moneys from general account to specified particular account and
vice versa.
77. Establishment of Reserve Funds.
78. Power to reserve Board's securities on Board's own investments.
79. Prior approval of the State Government necessary to charge expenditure to capital
account.
80. Works requiring sanction of the Board or the State Government.
81. Power of the Chief Executive Officer regarding execution of works.
82. Power of the Board to compound or compromise claims.
83. Writing off of losses.
84. Powers of the Board as Conservator.
85. Budget estimates.
86. Preparation of supplemental estimates.
87. Re-appropriation of amounts in estimates.
88. Adherence to estimate except in emergency.
89. Accounts and Audit.
90. Preparation and submission of audit report.
91. The Board to remedy defects and irregularities pointed out in audit report.
92. State Government to decide on differences between Board and auditors.
CHAPTER IX
SUPERVISION AND CONTROL OF THE GOVERNMENT
93. Annual administrative report.
94. Submission of statements of income and expenditure to the State Government.
95. Power of the State Government to supersede Board.
96. Power of the State Government to give directions to the Board.
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CHAPTER X
PENALTIES
97. Persons employed under this Act to be public servants for certain purposes.
98. Penalty for contravention of section 27 to 29 and 31.
99. Penalty for setting up wharves, quays, etc., without permission.
100. Penalty for evading rates.
101. Recovery of value or damage to property of the Board.
102. Other offences.
103. Cognizance.
104. Offence by companies.
CHAPTER XI
MISCELLANEOUS
105. Constitution of State Ports Consultative Committee.
106. Local Advisory Committee.
107. Limitation of proceeding in respect of things done under this Act.
108. Protection of act done in good faith.
109. Power to make rules.
110. Power to make regulations.
111. Provisions with respect to regulations.
112. Power of the State Government to direct regulations to be made or to make
regulations.
113. Power of the State Government to make first regulations.
114. Posting of certain regulations, etc.
115. Application of the provisions of this Act to Aircraft.
116. Power to remove difficulties.
117. Repeal of Odisha Act 30 of 1962.
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 543 , CUTTACK, MONDAY, MARCH 28, 2022/ CHAITRA 7, 1944
LAW DEPARTMENT
NOTIFICATION
The 28th March, 2022
No.3673I-Legis-8/2022/L.–The following Act of the Odisha Legislative Assembly
having been assented to by the President of India on the 18th February, 2022 is hereby
published for general information.
ODISHA ACT NO.01 OF 2022
THE ODISHA MARITIME BOARD ACT, 2020
AN
ACT
TO PROVIDE FOR THE ESTABLISHMENT OF MARITIME BOARD FOR NON-MAJOR
PORTS AND NON-NATIONALIZED INLAND WATERWAYS IN THE STATE OF ODISHA
AND VEST IN SUCH BOARD, THE ADMINISTRATION, CONTROL AND MANAGEMENT
OF SUCH PORTS, NON-NATIONALIZED INLAND WATERWAYS AND THE
DEVELOPMENT OF PORT AND N ON-PORT LAND AND INFRASTRUCTURE AND, TO
PROVIDE FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO.
BE it enacted by the Legislature of the State of Odisha in the Seventy-second Year
of the Republic of India as follows:—

CHAPTER I
PRELIMINARY
Short title,
commencement
and application.
1. (1) This Act may be called the Odisha Maritime Board Act,
2021.
(2) It extends to the whole of the State of Odisha.
(3) It shall come into force on such date, as the State

8
Government may, by notification in the Official Gazette,
appoint and different dates may be appointed for different
ports.
(4) It applies to all ports including all non -nationalized
inland waterways in the State but it shall not apply to ports
that have been declared as Major Ports by the Government
of India in terms of the Major Port Trusts Act, 1963.
38 of 1963.
Definitions. 2. In this Act, unless the context otherwise requires, —
(a) “administration” means administration of the port and
non-port lands and non -nationalized inland
waterways including grant of land or waterway on
lease for any purpose, provision of civic amenities
and services on port and non -port lands, and
collection of such taxes, fees and charges and
expenditure of such revenue as may be approved by
the State Government;
(b) “appointed date”, in relation to any port, means the
date on which this Act is made applicable to that port
or non-nationalized inland waterways;
(c) “Board” means the Odisha Maritime Board constituted
under section3;
(d) “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;
(e) “chairperson” means Chairperson of the Board
appointed under sec tion 3 and shall include the
person appointed under section 9 to act in his place;
(f) “dock” means and includes all basins, locks, cuts,
entrances, graving docks, graving blocks, inclined
planes, slipway gridirons, moorings, transit sheds,
warehouses, godowns, open lands and other works
and things appertaining to any dock and shall also
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include such portion of the sea enclosed or protected
by the arms or groynes of a harbour;
(g) “foreshore” means the area between the high water
mark and the low water mark relating to that port;
(h) “goods” means merchandise and includes live stock;
(i) “High Water Mark” means the highest point at that
port reached by ordinary spring tides during any
season of the year;
(j) “immovable property” means all immovable property of
the Board and includes all other rights exercisable
on, over or in respect of any land, wharf, dock or
pier;
(k) “Indian Ports Act” means the Indian Ports Act, 1908;
(l) “Inland Water Transport (IWT)” means Inland Water
Transport System including ferry services in the
State;
(m) “land” means land vested in the Board and shall
include the bed of sea or river below high water mark
and things attached to the earth or permanently
fastened to anything attached to the earth;
(n) “low Water Mark”, means the lowest point reached by
ordinary spring tides at any season of the year at
that port;
(o) “major Port”, means a port designated by Government
of India as a major port in terms of the Major Port
Trusts Act, 1963;
(p) “master” means any person for the time being in
charge or control of a vessel or craft, as the case
may be, except a pilot, harbour master, dock master
or berthing master of the port;
(q) “member” means a member of the Board or its
Committee, as the case may be;
(r) “Non-Nationlized Inland Waterways” means the
Waterways other than those declared as National

15 of 1908.

38 of 1963.

Waterways by the Parliament by law;
(s) “non -port land” means the land vested in the Board
but not immediately put to any use directly related to
maritime activities of the port;
(t) “owner” means,—
(i) in relation to goods, 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 and includes any port owner, charterer,
consignee or mortgagee in possession thereof;
(u) “pier” means and includes any stage, stairs, landing
place, hard jetty, floating barge trans-shipper or
pontoon and any bridges or other works connected
therewith;
Explanation,—Trans-shipper means a floating
craft for vessel whether dump or self -propelled, with
provision for discharging cargo from a barge or wharf
and loading it onto a ship;
(v) “port” means an Indian port to which this Act applies
within such limits as may, from time to time, be
defined by the Sta te Government under the Indian
Ports Act;
(w) “port approaches”, in relation to a port, means those
parts of the navigable rivers and channels leading to
the port to which the Indian Ports Act applies;
(x) prescribed” means prescribed by rules or regula tions
made under this Act;
(y) “public securities” means –
(i) promissory notes, debentures, stock or other
securities of the Central Government or any State
Government, the principal and the interest
whereof have been fully and unconditionally
guaranteed by such Government; and

(ii) debentures or other securities for money issued
by or on behalf of any Municipal Corporation,
Municipality, Notified Area Council, Improvement
Trust or Port Trust under the authority or any law
for the time being in force in the State and
includes the Board Securities;
(z) “rate” means the money payable against any toll,
dues, rent, fee or charge leviable under this Act;
(za) “regulations” means regulations made under this Act;
(zb) “rules” means rules made under this Act;
(zc) “State” means the State of Odisha;
(zd) “State Government” means the Government of
Odisha;
(ze) “vessel” means a means of transport by water, of
passengers and goods; and
(zf) “wharf” includes any wall or stage and any part of the
land or foreshore that may be used for loading or
unloading goods or for the embarking or
disembarking of passengers and any wall enclosing
or adjoining the same.
(2) Words and expressions used in this Act but not defined,
shall have the same meaning as assigned to them in
the Indian Ports Act, 1908 and the Major Port Trusts
Act, 1963.

15 of 1908.

38 of 1963.
CHAPTER II
ESTABLISHMENTOF ODISHA MARITIMEBOARD

Establishment of
Odisha Maritime
Board.
3. (1) After the commencement of this Act, as early as it
may deem fit, the State Government shall , by
notification in the Official Gazette, establish a
Maritime Board to be called the Odisha Maritime
Board.
(2) The Board shall be a body corporate having
perpetual succession and a common seal with

power to sue and be sued, and power to acquire,
hold and dispose of property, both movable and
immovable, and to contract and grant concessions
for implementation of projects and programs in the
Public and Private Partnership Mode.
(3)The head office of the Board shall be at such place
as the State Government may, by notification in the
Official Gazette, direct and other office s shall be at
such places as the Board may decide.
(4)The Board shall consist of a Chairperson and not
more than twelve members who shall be appointed
as follows, namely :—
(i) Chief Secretary,
Odisha,
- Chairperson
(ii) Secretary-in-charge of
Commerce & Transport
Department;
- Member
Secretary

(iii) Special Secretary to
Government,
Commerce &Transport
Department;

- Member

(iv) Director, Ports and
Inland Water Transport,
Odisha, Bhubaneswar;

- Member

(v) An officer of the State
Government in
Department of Water
Resources not below
the rank of Additional
Secretary ;

- Member
(vi) An officer of the State
Government in
Industries Department
not below the rank of
Additional Secretary;

- Member
(vii) An officer of the State
Government in
Revenue & Disaster
Management
Department not below
the rank of Additional
- Member
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Secretary ;

(viii) Representative of
Government of India,
being an officer from
the Ministry of Shipping
not below the rank of
Deputy Secretary, or an
official of Indian Ports
Association nominated
by Secretary
(Shipping), Government
of India;

- Member
(ix) Representative of
Indian Coast Guard;
- Member
(x) Representative of
Naval Force;
- Member
(xi) Two members shall be
appointed by
Government from the
Officers of Odisha
Maritime Board ;

- Member
(xii) One member shall be
appointed by the State
Government, who is
expert in one or more
sectors of Shipping or
Navigation or Ports or
Sailing Vessels or
Fisheries or Maritime
Trade or Industry and
Commerce or Finance
or Project Finance or
Public Private
Partnership models or
Law or Maritime Law.

- Member
(5)Members at clause (xii) of sub -section (4) shall be
appointed by the State Government and shall not have
voting rights.

Disqualifications
of members.

4. A person shall not be qualified for appointment, and if
appointed, shall become disqualified for continuing in office
as a member of the Board, if such person–

(a) has been removed or dismissed from the
service of Central Government 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) directly or indirectly owns any share or interest in
any work done by order of the Board or in any
contract or e mployment with, by 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 only by reason of
such person having a minor share in any company
or firm which may contract with or be employed by
or on behalf of the Board.
Terms of office
of members.

5. Subject to the provisions of this Act, members listed in
clause (xii) of sub-section (4) of Section 3 shall hold office for
a period of three years.

Vacation of office
by the members. 6. (1) The State Government shall remove a member
of the Board, if such member,—
(a) is or has become subject to disqualification
mentioned in Section 4; or
(b) fails to discharge the duty or has become
incapable of discharging the duty; or
(c) has, in the opinion of the State
Government ceased to contribute according
to the area of expertise or interests by virtue of
which such member was appointed; or
(d) absents, without obtaining prior permission of
the Chairperson, from three consecutive
meetings of the Board; or

(e) acts in contravention of the provisions of
Section 14.
(2) The members listed in clause (xii) of sub-section (4) of
section 3 may resign from his office as member of the Board
by tendering his resignation in writing to the Chairpe rson who
shall forward the same to the State Government, but the
resignation shall not take effect until it is accepted by the
State Government.

Eligibility for re-
appointment. 7. Subject to the provisions contained in sections 4 and 6,
any person ceasing to be a member, shall be eligible for
reappointment.

Filling of
vacancies. 8. (1)Any vacancy in the office of the member of the
Board appointed under clause (xii) of sub-section (4) of
section 3 shall be filled as early as possible after o ccurrence
of such vacancy, by appointment and the member so
appointed shall hold office for the unexpired term of the
member in whose place he has been appointed:
Provided that, where any vacancy occurs in
the office of any such 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) Any vacancy in the office of a member, other than
the member appointed under clause (xii)of sub -section (4) of
Section 3, shall be filled as early as possible after occurrence
of such vacancy.

Absence of
Chairperson.

9. If the Chairperson is absent on leave or other -wise,
such person as the State Government may appoint, shall act
as the Chairperson during the period of absence.

Meetings of the
Board.

10. (1) Subject to the provisions contained in sub -sections
(2) and (3), the Board shall hold meetings at such times and

places and shall follow such procedure in regard to issue of
notice of meeting, transaction of business at the meetings,
maintenance of record of meetings, qu orum for the meeting,
and the re-convening of a meeting in the absence of quorum,
and other related matters, as may be prescribed in the rules.
(2) The Chairperson, and in his absence, the person
appointed as Chairperson under section 9, shall preside ove r
the meetings.
(3)All questions at a meeting shall be decided by a
majority of the votes of those members present and eligible to
vote and, in the event of a tie, the Chairperson at the meeting
shall have a second or casting vote.

Committees of
the Board.
11.(1) The Board may , from time to time, constitute
from amongst its members one or more committees , each
consisting of such number of members as the Board may
consider necessary, for the purpose of discharging such of
its duties an d functions as may be delegated by it to such
Committee or Committees.
(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 prescribed
by regulations.

Meeting of the
Board or a
Committee
through video
conferencing.

12. If one or more members are not physically present in
any meeting of the Board or a Committee, and their
participation is important, the Chairperson may allow them to
participate and, if eligible to vote, to do so through video
conferencing in a manner as may be prescribed in the
regulations.

Fees and
allowances
payable to the
members.

13.The 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 doing other

tasks of the Board as may be prescribed by rules:
Provided that,—
(a) no fees shall be payable to a member who
is a Government Servant, Member of the
Parliament or of the State Legislature; and
(b) any allowances payable to a member who is a
Member of the Parliament or of the State
Legislature shall not exceed the compensatory
allowance as defined in the Parliament (Prevention
of Disqualification) Act, 1959 or as the case may
be, in clause (a) of Section 2 of the Odisha Offices
of Profit (Removal of Disqualification) Act, 1961.

10 of 1959.

26 of 1961.
Members of the
Board or the
Committee not to
vote in certain
cases.
14. A member of the Board or of a Committee thereof,
who—
(i) has any 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 State Government or an undertaking owned
or controlled by the State Government or a local
authority or a trade union registered under
the Trade Unions Act, 1926 or member of an
association formed for the purpose of
promoting the interest or welfare of any clas s
of employees of the Board–
shall, as soon as possible, aft er 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 vote fo r any decision of the Board or
the Committee with respect to that matter.

16 of 1926.
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Defects in
appointment not
to invalidate
acts, etc.
15. No act or proceeding of the Board or of any of the
Committees shall be invalid merely by reason of,—
(a) any vacancy therein or any defect in the
constitution thereof; or
(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 14 ; or
(d) any irregularity in its procedure not affecting the
merits of the case.

Powers and
Duties of the
Chairperson and
the Member
Secretary.
16. The Chairperson and the Member Secretary shall
exercise such powers and perform such duties as may be
prescribed by the rules.

Delegation of
powers.
17. With the previous approval of the State
Government, the Board may direct that such of the powers
vested in and duties imposed upon it under this Act , as
may be specified in such direction, may also be exercised
and performed by the Chief Executive Officer appointed
under section 19 subject to such conditions and restrict ions
as may be specified in such direction:
Provided that the Chief Executive Officer shall
exercise suchpowers and perform such duties as specified
in the direction subject to the supervision and control
of the Board.

Powers and
functions of the
Board.
18. (1) The Board shall exercise such powers and perform
such duties as may be necessary to give effect to the
purposes of this Act.
(2) Withou t prejudice to the generality of the above, the
duties and functions of the B oard shall include the follo wings,
namely:—

(a) to initiate and develop plans and frame

guidelines for the port sector in the State;
(b) to promote the use, development and
improvement of ports in the State;
(c) to provide for construction, maintenance and
operation of ports in the State directly or through
the Public and Private Partnership mode;
(d) to provide and maint ain adequate and
efficient lighthouses, beacons and navigational
aids and services at such places as may be
felt appropriate;
(e) to regulate and control navigation within
the limits of the port and port approaches in
the State;
(f) to initiate the development plans and frame
guidelines for non-nationalized inland waterways
in the State;
(g) to exercise licensing and regulatory functions
in respect of port infrastructure and services
and non -nationalized inland waterways and
services;
(h) to exercise supervision and control over all
works relating to ports in the State;
(i) to prescribe the scales of rates for various
services provided by the Board, and to review
and revise the same from time to time;
(j) to plan· or provide or secure the provision of
a safe economical and efficient sea and non-
nationalized inland waterways transport system
for movement of goods and persons from ports
and other waterway stations in the State;
(k) to furnish to the State Government all
information in respect of its property and
activities and the maritime and non -nationalized
inland waterways sectors in such manner and
within such times as the State Government or
20

the Government of India or the Indian Ports
Association may require;
(l) to develop new Ports in the State as per Indian
Ports Act with the appro val of the State
Government subject to obtaining all clearances
from the competent authorities including se curity
clearance from Ministry of Home Affairs,
Government of lndia ;
(m) to promote facilities and create infrastructur e
for ship building, ship breaking and related
activities;
(n) to develop, promote, maintain and regulate ferry
services and non -nationalized inland water
transport system in the State for passengers and
goods;
(o) to provide such other services and other facilities
as may be necessary for the efficient operation
of ports systems in the State;
(p) to initiate and implement measures to safeguard
environment in ports and adjoining sea -line and
the non-nationalized inland waterways;
(q) to render basic civic services including water -
supply, drainage, sanitation and street lights in
the port and non-port land under its jurisdiction;
(r) to collect taxes , duties, fees and charges under
this Act or as may be authorized by the State
Government;
(s) to plan and act for optimising revenue generation
from the ports and non -port lands and
properties;
(t) to plan and exercise projects including
integrated townships for productive use of non -
port lands vested in port authorities in the State;
(u) to appoint staff according to the terms approved
by the State Government and to take necessary
steps for their training; and
(v) to sue parties for securing the interest of the
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Board, and, if sued, to defend the Board in the
Courts of law.
CHAPTER III
STAFF OF THE BOARD

Appointment of
Staff.
19. (1) Subject to the provision contained in clause (f) of
sub-section (1) of Section 20, the State Government shall
approve manpower, organizational set -up and minimum
qualifications and experience required for each grade of the
employees, necessary for smooth functioning of the Board,
and prescribe their terms of appointment and service rules.
(2)The Board shall take measures to appoint staff
according to their approved set -up and the terms of
appointment and service rules.
(3) Without prejudice to the generality of the provision
in sub -section (1), the approved set -up shall include the
following, namely :—
(a) Secretary-in-charge of Commerce & Transport
Department or any other senior officer appointed
by the State Government who shall be the Chief
Executive Officer of the Board; and
(b)Financial Controller and Chief Accounts Officer.
(4) The powers and functions of the Chief Executive
Officer and the Financial Contr oller and Chief Accounts
Officer shall be such as may be prescribed in the rules.
(5) The powers and functions of the other officials shall
be such as may be prescribed by the Board in the
regulations.

CHAPTER IV
PROPERTY AND CONTRACTS

Property and
contracts.
20. (1) As from the appointed date, 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 the
appointed date, 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 the appointed
date, for or in connection with the purpo ses 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 the appoint ed date and declared to
be capital expenditure by the State Government
shall be treated as the capital provided by the
State Government to the Board;
(d) all rates, fees, rents and other sums of money
due to the State Government in relation to the
port, immediately before the appointed date , shall
be deemed to be due to the Board;
(e) all suits and other legal proceedings instituted
by or against the State Government immediately
before the appointed date for any matter in
relation to port, may be continued by or
against the Board;
(f) every employee serving under the State
Government immediately before the appointed
date solely or mainly for or in connection with
the affairs of the port shall become an
employee of the Board, and shall hold his office
or service therein by the same tenure and
upon the same terms and conditions of service
as he would have held if the Board had not
been established 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 con ditions of service of any
such employee shall not be altered to his
disadvantage .
(2) The absorption of employees in the service of the
Board under clause (f) of sub -section (1) shall not be
construed as retrenchment from current service under the
Industrial Disputes Act,1947 or any other law for the time
being in force, and no compensation of any kind shall be
payable to any employee in this regard:
Provided that this shall not bar the State Government
or the Board from introduci ng any scheme of voluntary
retirement for any or all grades of employees.

14 of 1947.
Existing rates,
etc. to be
continued until
altered by the
Board.
21. As from the appointed date, all rates, fees and
other charges in relation to any port shall, unless varied
by the Board in accordance with the provisions of this Act
or the rules or regulations framed thereunder, continue to be
levied and collected, at the same rate at which they were
being levied and collected by the State Government before
the appointed date.

Repayment of
capital with
interest.
22. The Board shall repay, at such intervals and
on such terms and conditions as the State Government
may determine, the amount which is treated under
clause (c) of Section 20 as capital provided by the
State Government, with interest at such rate as may be
fixed by the State Government and such repayment of
capital or payment of interest shall be charged to the
expenditure of the Board.

Procedure when
immovable
property cannot
be acquired by
agreement.
23. Where any land is required for the purposes of the
Board, the State Government may, at the request of the
Board, acquire such land under the provisions of the Right to

Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 and on payment of
the compensation awarded under that Act by the Board and
of the charges incurred by the State Government in
connection with the proceedings, the land shall vest in the
Board.

30 of 2013.
Contracts by the
Board.
24. The Board may enter into contracts for the purposes
of this Act, subject to the following conditions, namely:—
(a) Every contract shall be made on behalf of the
Board by the Chief Executive Officer or an
officer specifically authorised for the purp ose by
the Board.
(b) No contract for leasing of waterfront, jetty,
waterway and related infrastructural facilities
thereof for a term exceeding five years shall be
made unless it is previously approved by
the State Government o n such terms and
conditions as it may prescribe in the regulations.
(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 State Go vernment, and on
such terms and conditions as it may prescribe
in the rules.
(d) The form and manner of executing contracts
and Concession Agreements on behalf of the
Board shall be such as may be prescribed by
rules or specifically approved for any project by
the State Government, and
(e) No contract made in contravention of the
provisions of this Act and the rules framed
under it shall be binding on the Board.

CHAPTER V
WORKS AND SERVICES TO BE PROVIDED AT PORTS BY
THE BOARD

Powers of the
Board to execute
works and
provide
appliances.
25.(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 acce ss to such appliances and
facilities as it may deem necessary or expedient for the
purpose.
(2)Without prejudice to the generality of the provision in
sub-section (1),access to the appliances and facilities to be
provided may include the following, namely:—
(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, wit h all
such convenient arches, drains, landing plac es,
stairs, fences, roads, bridges, tunnels and
approaches, and buildings required for the
residence of the employees of the Board as the
Board may consider necessary;
(b) railways, buses, locomotives, rolling stock, sheds,
hotels, warehouses and other accommodation for
passengers and goods and other appliances for
carrying passengers and for conveying,
receiving and storing goods landed, or to be
shipped or otherwise;
(c) moorings and cranes, scales 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 authorised 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 th e foreshore of
the port or port approaches;
(g) light-houses, light-ships, beacons, buoys, pilot
boats and other appliances necessary 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 terr itorial 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 purposes of landing, shipping
or transhipping passengers or goods;
(i) sinking of tubewells and equipment, maintenance
and use of boats, barges and ot her 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; and
(o) without prejudice to the above, to provide or
ensure providing of such other facilities as
are in the opinion of the Board necessary for the
operation of ports and non -nationalized inland
waterways in the State.

Power of the
Board in
undertaking
certain works.
26.(1) The Board may undertake 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 necessary or expedient
in the public interest so 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.

Power of the
Board to order
sea going vessel
to use dock,
wharves etc..
27. (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 or
crew from and upon sea -going vessels, the Board may,
after obtaining the approval of the Commissioner of
Customs and by notification published in the Official
Gazette, declare that such dock, berth, wharf, qua y,
stage, jetty, pier or place of anchorage is ready for
receiving or for shipping goods or passengers from and
upon sea-going vessels:
Provided that, the Board shall ensure that prior to
such notifications, the provisions of the Customs Act, 1962
have been complied with and no imported goods shall
be unloaded and no export goods shall be loaded at
any place other than a place approved under that Act
for unloading or loading of such goods, except with the
permission of the Competent Authority.
(2) As from the date of the publication of such
notification , it shall be lawful for the Board, from time to
time, when there is room at such dock, berth, wharf,
quay, stage, jetty , pier or place of anchorage to order to

52 of 1962.
28

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 in any sea -going vessel within the
port 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 shipping in respect of the use 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 person exercising the rights, powers and
authorities of the Conservator of the port to make such order.
Accommodation
for sea going
vessels to use
docks, wharves
etc.
28. When sufficient number of docks, berth, 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 Commissioner
of Cus toms and by notification published in the Official
Gazette, direct that no goods or passengers shall be landed
or shipped from or upon any sea -going vessel within the
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 prescribe:
Provided that, the Board shall ensure that prior to
such notifications , the provisions of the Customs Act,
1962 shall be complied and no imported goods shall be
unloaded and no export goo ds shall be loaded at any
place other than a place approved under that Act for the
unloading or loading of such goods, except with the
permission of the Authority.

52 of 1962.

Power to order
vessels not to
come alongside
of, or to be
removed from
docks, wharves
etc.
29. An 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 seagoing vessel not to
bring such vessel alongside of, or to remove such
vessel from, any dock, berth, wharf, qu

Excerpt shown. Open the full act in Lexace.

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