LexThe Odisha Port Trust Act, 1962
Odisha · state statute
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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Orissa Port Trust Act, 1962 Act 30 of 1962 Keyword(s): Dock, Goods, Major Port, Master, Pier, Port, Vessel, Wharf ORL9w ACT 3[1 OF a62 THE 0-A PORT TRUST ACT, 1962 CHAPTER 1 BRIUM~~E~ SECTIONS 1, Short tidc, extent and wmenkmwt 2 Dehiti~ns CHAPTER II .m Born OF mus'rm 3. Establishment and iucarporatioa of tho ,~odrd 4. Composition of the Board 5. Temi of OEce 6. Constitution of kt Board and filling up am1 vasancy < - 7. Temporary absence of Trusttcs 8. Disq~wtion for oece of Trustee 9. Remuneration and other conditions of service of Chairman and Vice- : (=-. ,- 10. Fees payable to Chairman, Vice-chairman and other Trustees 1 1. Mettings of the Board 12. Minutes of proceedings and authtntimtion of orders and decision of Board 13. Constitution and conduct of business of Standing Committees 14. Restriction on power of Tnutces to vote or discus matters in wbich they arC intemted. 15. eli id ti on of Acts and Prdings 16. hlt@tion of powers b the Cban 1; OFFICERS AND S~RVA~S OTHER THAN THB CHAIRMAN AND VXC~C~R~~AN 18, Schedule of Bead's Staff 19, DisquaIiEcatioh for appointment as Officer or Scrvant 20. Regulations relaring to recruitment and conditions of service 21. Power to appoiiit, punish qr graut leave ta Officers ad Servants 22. Powers to dispense with senices and to permit retirement in certain.casm CHAPTER IV PROPERTY AND &NTRACTS 23. Propmy vested in Board 24. Powers to acquire, bold or alienate property 25. Application of 'hnd Acquisition Act, 2 894 26. Bar to acquisition of rights by the public 27. Contracts by the Board CHAPTER Y WORKS AND SPWYICES 28, Works and appliances 29. Sea-going vessels compelIed to use wharves, etc. 30. If accommodation suficient, all sen-going vessels cornpelfed to use wharves, etc. 31. Power to prder vessels not to come alongside-of or 10 be remove-d . from wharves, etc. 32. Power of Government to exempt from. obfigation to use wharves, eic. ~d to require preference to be given to Government vessels. 33. Power to order survey or examination of works 34. Power of Government to testore or mmplete works at the cost of 'Ibe Board. 35. Performance of setvices by the Board 36. Obligation to render dain imices if required byr pma of g~ods 37, Responsibility of Hoard for loss, etc. of goods 38, Relinquishmtnt of scrvioes subject td the control of the Government 39, Psdosmance of services by persons to whom the sebices haw been - relinquished by the Board. - SEcrroNs CHAPTER VI RBVBNUB, EXPBND~TUBB, ACCOUNTS AND AUDIT Saclrons 10" C~nstitution of a Part Trust Fund 41. Fund to be kept in State- 42. Application of the Fund 43. 1 mergent expenditurt 49. Reserve Fund 45. Charge in &pita1 Account 46. Works requjring sanction of Board or Government 47. Budget Estimate 48. Form and Circulation of Budget Estimates 49. Adoption of estimates by Board . . 50. Approval of estimates by Government 5 1.. Supplementary Estimates 52. Restriction of expenditure to Budget grant . 53. Board's power to spnd beyond approved atiniatss 54. Auditors j6. - Power to raise loans 57 .Period witbin which loans to be repaid 58. Port Trust Securities I 59. Indian SecuritiG Act, 1920 applicable to port Trust Securities ' 60. Power to m&e regulations 61 .- Security for loans 62. Rcmdes of Goveramcnt in respect of loans made to / Board 63. Power to repay loads before due date - 64. Establishment of sinking fund SEC~IONS 65. Investment and application of sinkrng fund 66. Examination of sinking fund 67. Priority of payment of interest and repayment of loan over other paymcnb 68. Power to raise loans under the Local Authmities Loans AF.t, 1914 CHAPTER VIII LEW AND RECOVERY OP 59. Dues leviable under the Orissa Ports' Regulation, I937 to continue 70. Scale of rates 71. Scale of rates for particular services, benefits and uses 72. Consolidated rates for combination of seriiccs 73. Prior sanction of Governat to such scales 74. Refund of overchargcs 15. Bower to increase rates to cover deficiency af revenue 76. Power of Government to enhance rates iCBoard fails to do sa 77. Board not to Iease rates without sanction 78.- Fines and penalties payable to Board 79. Payment of balance of Port Fund to Board 80. Time for payment of rates on goods 81. Lien of rates 82. PriGrity of lien of Board over other Iiens and @aims 73. Preservation of lien for freight after goods are I andd 84. Retention of such goods until lien is discharged 85. Discharge of shipowner's lien for freight 86. Sale of goods after two months if rated or rents arc not paid or lien for freight is not discharged. 87. Notice of sale 88. Notice or sde to owner 89. Application of sale-prds 90. Recovery of rat is and charges by distraint of vwsel , . 91. Grant -of por t-clearance after payment of rates 92. Alternative remedy by suit 505 SEC~~ON~ CHAPTER fX 94. App ointment of Pilots 95. Rules and Regulations regarding Pilots 96. Expenditure on Pilotage CHAPTER X 97. Power. of Government to make rules under the Act 98. Regulations when to takt effect 99. Power to frame bye-law6 100. Bye-Iaws when to have tffcct WI. ~&alties for infringemeat of byelaws 102.. Exhibition of bye-law and scales of rates ahd charps -. 1 03. Cancellation of byelaws 104, Penalty for -being interested in contracts with Board 105. Penalty for obtaining i11egd gratification 106. Penalty for refusing or neglecting to appear before an auditor aC accounts, etc. 107. penalty for infringement of section 29, 30 or 32 108. Penal@ for depositing filth, etc. on the wharves or fore-shore 109. Penalty for setting up wharves, quays, etc., without permission1 -1 10. Penalty for understating quantity or 'weight of goods or incorrectly des- crib'i them. 11 1. Pendty for evading &ta, etc. 112. Recovery of value of damage to property of Board 1 13,. ~ognizdceaf off- against Act or bye-law , 1 14. Saving of power of Customs Collector under exijting Iaw 15. Limitation of proceeding in respect of things done under the Act 1 16. Saving of liability of Board for acts of officers or sen& 117. Submission of $turns and information to Ctovenunwt 11s. Power of ~overhtnt to take possession of works and copcul of Board. '[ THE OmSA PORT TRUST ACT, 1962 1 [ Received the assent of the President on the 4th November 1962, fist published in an extraorrli- nary issue of the Orissa Gazette, dated the 15th November 1962 1 AN ACT TO PROVIDE FOR THE REGULATION, DEVELOPMENT^ MANAGEMENT AND ADMINISTRATION OF PORTS Wlm THB STATE OF ORISSA &-it enacted by the Legislature of the St,ate of Orissa in the Thirteenth year of the Repubfic of India as follows :- 1, (I) This Act may be called the Orissa Port short title. Trust Act, 1962.- extent and co~cnct- mont, (2) It extends to the whole of the State of Orissa. (3) It shaU come into force on such date as the Goverpment may, by macation, appoint and different dates may be appointed in respect of different ports. - 2. In this Act, unless' 'the context otherwise Definitions requires- (]) "Board" in respect of any port means the Board of Trustees in respect of such port established under section 3 ; (2) "bye-law" means a bye-law made by the Board under this Act; (3) "Chief Officer of Customs" denotes the Chief Executive Officer of Customs for the port ; (4 "dock" includes basins, locks, cuts,entrances, graving docks, graving blocks, inclined planes, slip- ways, grid-irons, quays, warehouses and other works and things appertaming to any dock and also denotes the portion of the sea enclosed or protected by the arms or groym of the harbour ; -- 1. For t&~ Statement of Objects and RtasoM sx Orissa Guzdlc a'xtraardi. nary dated the. 23rd ~ukt I962 (No. 417) and for report of Selbct Coamutttc, dated the 10th Scpkmber 1962 (No. 452). THE ORMA PORT TRUST ACT, 1962 - [Or. Att M (5) "goods" means and includes evsry kind of movable property; (6) "Government" means the State Gov'm- ment of Orissa ; (7) ''land" includes the bed of a river and of the sea below high water-mark ; (8) "major port" means a. port declared as such by or under any law made by Parliament J -.or any existing Iaw within- the meaning of the Constitution of India ; (9) "master" when used ,in relation to anY vessel or to any aircraft making use of the port, means any per'sbn .having for the tune being- the charge or control of such vessel or such -aircraft, as the cask may be, except a pilot, harbour'master, berthing master, , dock master or assistant harbour master' of the pod ; (10) "owner" when used in relation to goods includes any consignor, consignee, shipper or agent for the sale, custody, loading' or udoadiag of such good8 and when used in relation to any vessel, includes any port owner, Charterer, consignee or mortgagee in poswsion thereof; (11) "pier" includes any stage,. stairs, landing- place, hard-jetty, landing stage, floating b,arge or pontoon and any bridge or other works connected therewith ; (12) "port" means any port other than a _major port with such Limits as may be defied by not@catidn , . .. issued by Government from time to thge for thle ,. . purposes. of this Act and until a notifimtion is so issued, with such limits .as may have been dehed by]Govem- ment under the provisions of the Indian Ports Act,1908. ES of 1941 I (If) "Port Trust Security " means debenture bonds or. stock certificates or other, securities issued by the Board in respect of any loan contracted under .t ha provisions of this Act ; (1 4) "prescribed" means prescribed by rubs made by Government under this Act ; (15) "rate" includes any toll, due, rent, rate, fee or charge leviable under this Act ; (16) "Regulations" means Regulations made by the Board under this Act ; (1 7) "rules" means rules made by Government under this Act ; (18) "Trustee" means a trustee on the -Board ; (19) "vessel" denotes anything made for the conveyance by water of human beings or of property ; (20) "wharf" includes any wall or stage and, a,~y part of the river bank or foreshore that may be used for loading or unloading goods, and any wall enclosing or adjoining the same. CHAPTER 11 3. (1) With effect from such date as Government astab~ish- pK~t and may, by notification appoint, there shall be in respect ,,,,, of a port a Board charged with the responsibility of tion ofthe develo;iment, managemen$ regulation and administra- Bwd. tion of such port and the duties of carrying out the provisions 0f this Act to be known as the Board of Trustees for such port. (2) The Bosrd shall be a body corpofzte, with the rime aforesaid having perpetual succes~ion and a common seal with power, subject to the provi- sions of this Act, to acquire, hold and dispose of property and to contract, and may by the said name sue and be sued . (3) With effect from the date of appointment of the Board in respect of any pod no local authoritv orissa A* constituted under the Orissa Munici a1 Act, j95~, th; Orma Act 6 23?f 1950. Orissa Grama Paachayats Act, 1 48 or the Orissa 1s of iw, Panchayat Samiti and ZilIa Parishad Act, 1959, Ori*A* SM exercise jurisdiction within such port. ' 7 of 1960. 4. (1) The Board shall consist of the f~ll~~ingcarn~asition trustees, nafpely :- o r the Board. (a) perzons to be appointed by Govern- ment' as the Chairman and the Vice- Chairman respectively. . ex-ofib trustees; 51 0 THE OWA PORT TRUST ACT, 1962 [Or. Act 38 (b) not more than five elected representatives of such commerce and la~our or&.- sations as may be notified by Government from time to time. . . .elected trustees ; (c) not more than two other non-officials to be nominated by Government.. . . . . .. nominated trustees; and (6) not more than seven Government officials to be nominated by Government. . . . . . nominated trustees: Provided that the total number of trustees in the Board shall, not be iess than eleven. (2) Every appointment, election or nomination under this section shd take effect as soon as it is noaed by Government. Torm of 5. (1) The Chairman and the Vice-chairman see. shall hold office during the pIeasure of Government, (2) The term of office of the elected and nod- nated non-official trustees shall be a period of two years from the date the election or nomination, as the case may be, is notzed by Government; Provided that the oufgoing trustee shall conhut in office until the electlon or nomination of his successor is notified under section 4. (3) Any nominated non-official trustee cesigu his oEce by giving noti? in writing to Govm ment, and , on such res~gutlon, being nomeci by Government, shall be deemed to have vacated ofice. (9 Any elected trustee may resign his officea by @ving notice in writing to the Board and on the acceptance of such resignation by the Board, shall be deemed to have vacated office. Q An outgoing trustee snail be eligible, as the case may be, for reappdmnt, reeldon or re-nomination. 6. (I) Notwithstanding znything contained in Constitution sub-section (I) of section 4- of first Board and Glling up casual (a) the Board constituted for the first t.ime vacancy. shall consist of such number of 'trustees, not bdng less than seven and more than eleven, as Government may, from time to time, determine, who shall be nomi- nated by Government ; (b) any person whom Government may deem fit may be nominated as a trustee; (c) Cio~ernment may, at any time remove any trustee and appuint another in his place ; and (6) without prejudice to the provisions of clause (c) a trustee shall hold office -for such tern, not being mare than five years as Government may fix in that behalf. (2) Every vacaacy in the office of an elected trustee shall be filled up by the organisation con- cerned witbin thirty days of the occurrence of the vacancy. (3) Where an organisation fails to elect a trustee for mng up the vamncy referred to in sub- section (2) within the period specsed therein Govern- ment shall have the power to fill up such vacancy by appointing a .truster: according as they deem fit and on such appointment the trustee shall be deemed to be an elected trustee under clause (b) of sub-section (1) of section 4. 7. If any appointed trustee or nominated non- Tapow abstnc oi official trustee. is by . infirmity or otherwise rendered ,,,,. temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving vacation of his office, Government may appoint .or nominate another person to act in his place during his absence. 8. (1) A person shall be disqualified for becom- ing a Trustee if he-- cation ~OI cffico or ld not a citizen of India. - or has volun- Trust#. -, . tarjly acquired the citizekhip of a foreign State or is undet acknowledgment or adherence to a foreign State; has been convicted and sentenced to imprisonment for an offence involving moral turpitude which, in the opinion of Gcvernment, disquaGfies him from being a Trustee and if such sentence has not been reversed, set aside, or remitted; (c) is of unsound mind; (6) is an undischarged insolvent; (e) holds any oEce of profit under the Board; or (f) has, directly or indirectly any share or interest in any work done by order of the Board, or in any contract or 'employ- . ment with, by or on behalf ofthe Board, (2) No person shall be deemed to have a share or interest in any work, contract or employment within the meaning of clause (f) of sub-section (I) by reaso.1 only of his- (i) -having a share in any incorporated Compstny which may contract with or be employed by, or on behalf of, the Board; (ii) having - a share or intereat in any news- paper in which any advertisement relating to the affairs of theBoard may be published; (iii) being interested in .any loan advanced to the Board; (iv) having a share or interest in any lease, sale, exchange or purchase of hovabler property or any apeement for the same; having a share or interest in any lien= granted by the Board, or having any right by agreement or otherwise with the Board to the sole or preferential use of any berth for vessels in the docks belonging to the Board; (vi) having a share or interat in the ourasional sale to the Board, to a value not exceeding two thousand mpes in any 3ne ancia1 year, of any article in whlcfi he trades; or (Sce. 9) (vii) being a person to whom, or a member of a 16rm or incorporated company to which, any of the functions specified in clauses (a) and (e) of sub-sectior, (1) of section 35 shall %ave been relinquished under section - 38, (3) A Trustee shall cease to remain a Trustee on the Board if he- (a) becomes disqualified in pursuauce of the provisions of the foreping sub-sections; (b) refuses to act or becomes incapable of acting ; [c) fails to attend, without the previous permis- sion of the Board, three consecutive ordinary meetings of the Board; or (d) is absent from the meetings of the Board ! for a period exceeding six consecutive months. (4) Whenever any question arises as to whether any condition speci6ed in sub-section (2) or (3) has been satisfied the same shall be referred to Govern- ment who shall make such orders as they deem fit and the order so made shall he final and binding on the parties: hvided that no such order shall be made without givingthe pades concerned not more than meen days time .for being heard in the matter- 9. (I) The Chairman and the Vice-Chairman Rcmunera- and the person appointed to act a$ Chairman shall ,=; be entitled to such remuneration, if any, by waytions sclyict d of salary, leave and other alldwances and on retire ash- ment to such gratuity or compassionate allowance, and VIC+ if my ,.as Government may from time to time deter- cidma mine id I! , that behalf. 514 THE ORISSA PORT 'L-R~~sT ACT, 1962 [Or. kt S (2) Without prejudice to the provisions of sub-section (I), the other condirions of service of the Chairman and Vice-chairman shall be as may be determined by Government from time to time. Far# pay- able to aha, 10. Government may prescribe from time to Yicc-Chd- time the fees, if any, to be paid to the Chairman, Vice- rnn *n* Chairman and other Trustees for attendance at other Tm~t- w. meetings of the Board or its committees and pres- cribe conditions and restrictions subject to which such fees shzU be payable. Il.(l)Th2 Board,subject totheotherprovi- +ha Board. sions of tlds Act shall meet at such intervals and at such places and observe such rules of procedur3 in regard to the transaction of business at its meetings as may be provided by regulations made in that behalf. (2) The Chairman or in his ab~e~~ the Vi- Chairman or, in the absence of both, any Trustee choosen by the Trustees present from amongst themselves, shall preside at a meeting of the Bod. (3) All questions at a meeting of the Board shall be decided by a majority of the votes of the Tmtees present and voting and in case of an equality of votes, the Chairman, or other Trustee presiding shall have a second or casting vote. (4) Nu business shall be transacted at a meeting udess, at Ieast five Trustees are present throughout such meeting. (5) The Chairman may, whenever he thinks fit, and shalt upon the.written reguest of not less than three Trustees, call a special meeting. mutes of proceedings 12. 11) Minutes in which shall be recorded the sndautm- +names 0: the trustees present and the proceedings of licallon each meeting of the Board and staading cornmitt- orders and dcassioaor shall be drawn up and recorded in a book tp be kept Raard. . for that purpose, and shall be laid before the next meeting of the Board and signed at such meeting by the presiding'officer thereof, and shall be open to inspection by any Trustee during working hours of the office of-the Bmrd. (2) A copy of the minutes of every meeting of the Board and of its standing commjttees shall, as soon as may be, be sent for publication in the Official Gazette at the cost of the Board and another such copy shall within three days of the meeting be forwarded to Government . (3) Government may also in any case ask for a copy of any paper or papers Iaid before the Board and the Board shall forward to Government a copy of such paper or papers. (4) N1. orders and decisions of the Board shall be authenticated by the signature of the Chairman or any other trustee authorised by the Board in this behalf, and all other instruntents issued by the Board shall be authenticated by the signature of an officer of the Board authorised in like maruser in tLat behalf. 13. (1) The Board may, from time to time, appoint amtitution such number of Standing Committees as it deems fit, zd E!z each consisting of not less than five of its Trustees asof Standing rneabers and may, by general or special order, direct Committea. that subject to such conditions, limitations and restri~ tions as may be specified in the said order, all or any of the powers or duties of the Board shall also be exer- cised or discharged by any of the Committees so constituted Provided that tbe Board shall always have the power to alter, from time to time, the constitution of or discontinue any such Committee. (2) A Standing Committee may elect one of its members to preside at its meetings and if no such member has been elected or if a member so electd is not present at the time appointed for holding any of its meetings, the members present shall choose one from among themselves to preside at such meeting. (3) The Standing Cornnuttees may meet and adjourn at their discretion, but the Chairman of the Board may,)whenever he thinks fit, and shall, upon the written request of not less than two members of a C]ommittee, call a special meeting of such Committee. Trte ORBA PORT TRUST Am, I962 [&. A& % (4) Questions at the meetings of a Standing Committee shall be decided b a majority of votes of the members present, and in t P e ase of an equality of votes the person presiding at the meeting shall have a second or casting vote, (5) No business shall be transacted at any such meeting unless at least three of the member!, of the Committee are present throughout such meeting. Restriction 14. (1) No trustee shall vote on or take part in the $::#" OL discussion of shy matter coming up for consideration wto or at a meeting of the Board or of any Committee if it is dimss mat- ,, w~Ch one in which the Trustee has any direct or indirect ibsr am btt- pecuniary interest by himself or along with his partner, rwod. if any, or in which he is- interested professionally on behalf of a client or % agent for, any person other than Wyerament, or a local authority. (2) If any objection is rahd at a meeting that a Tmstee has in any such matter an interest of the nature spded in sub-sdoc (I), the objection shall be considered and decided by the other Trustees of the Board or the Committee, as tke mse may be, in such manner as,may be prescribed and tbe decision of such Trustees shall be kl. (3) If at any time it is brought to the notice- of the mn of the Board that a Trustee had voted or taken part in the discussions at a meeting in cantrave* tion of the provisions of subsection (I) the matter shall, unless bonaftde rights have amed to third parties in pursuance of the resolution passed at the meeting, be inquired into and decided in the manner prescribed, and pending such decision it sbaU be the duty of the Board or the Standing Committee, as the case may be, not to give effkct to such resolution. (4) A decision. under sub-section (3) shall be hl and if as a result of the enquiry the Trustee is found to have lro@ or kkea part in the promedings in contra- veatMa of tho provisions of subsection (1) the reso- lution in question shaU stand amded, 15. No act or proceedings of the Board or of any Vdidation of acts and Standing Committee shaU be invalid merely by reason ,,,edbm. of- (1) any vacancy in or defect in the constitution of the Board or the Committee ; or (2) any defect in the appointment, nomination or election of a person acting as a Trustee thereof ; or (3) any irregularity in-its procedure not affecting the merits ,of the case. 16. The -Board may from time to time, delegat~ Dtl~satiop d powan to such of its powers and duties to be exercised or dis: the ~hk. charged by the Chairman subject to such conditions mm. and limitations as may be specified ,in that behalf in a resolution passed by the Board with the prior approval of Govement. 17, (1) The Chairman shaU be the Chief Executive' OfEmr of the Board and shall, suhect to the provisions ~bo Chair of tbis Act and the des and regulatibns made therem- under, be respo~ble for implementhg all orders and . de'cisions of the Board. (2) It shall be the duty of the Chairman-- (i) to. attend evtq meeting of the Boad unless prevent4 by sic'kness or other xeasoMbIe cause ; . . (ii) to exercise supervision and control o~eiThe acts and pro&& of all officers and servants of the Board in matters. of executive a&hi&tration, and in matters eoiicerning the amunts and r-rds 6f the Board; and (iii) subject to the regulations made under sections 20 and 95 and to the schedde for the time being in force prqared and sanctioned upder section 18, to dispose' of -all mamrs relating to the sedce of the officers ind servants of the Board, and their pay, pride= and dciwances : 5 18 T~rr ORISSA PORT TRUST ACT, 1962 [Or. Act 39 Provided that, subject to the approval of the Board, the Chairman may deIegate all or any of his duties to the Vice-Chairman or any other Trustee or offcer or servant of the Board as he may, from time to time, consider fit. CHAPTER III Omcm AND SERVANTS OTHER WAN THE CHAIRMAN AND VICE-C~RMAN scbedult of 18- (I) The Board shall, from time to time, subject J%rfn to such rules as may be made in that behalf, prepare st .ff. and sanction a schedule of its oficers and wrvants, other than the Chairman and Vice-Chairman, setting forth the number, designation, grades, salaries, fees and allowances payable to such officers and servants. ExpIanatiort-Artisans, porters and labourers and contractors or agents who provide porters and labour- ers are not officers and servants within the meaning of this section and sections 20 add 21. (2) No such otFoer or servant shall undertake any work unconnected with his duties under this Act except with the permission of the Board. mu.ltSu- 19. (1) A person shall be disqualified for being t1.n for appointed as an officer or servant if he has -directly or appointnc@nt ., oacr, +indirectly, by himself or by a partner or any other servnnl. person, any share or interest in any contract made with, or any work being done for the Board otherwise than as such officer or se~ant. (2) U any such officer or servant acquircs dicectiy or indirectly any share or interest of the nature and in the manner referred to in sub-section (1) he-shall, be liable to be;.:remove'd from office by order of the author- ity hadg'the power so to do by or under Lhe proyi- doas of this Act. ![ (3) N~twithstaudhg anything wntained in sub-sections' (1) and (2) Government may exempt- (a) any person, who is a member of the Board of Directors of any Company or Corpora-, tion. owned or controlled by Government, from the operation of sub-section (I) ; and (b) any officer or servant of. the Board, who is appointed as a membei of the Board of Directors of any such Company or Corpo- ration, from the' operation of subsection(2).] 20. Subject to the prior approval of Government, z~b","";~ the Board may make regulations to provide for all or -,-t any of the following matters, namkly :- and QJMI. tio? uf (a) tenure of ofice, provident funds, pensions, aema. gratuities, compassionate allowance, leave of absem and other conditions af senice of offiars and servants referred to in section 18 ; (6) remuneration of persons appointed to act for ,any . such officer or servant during absence on leave ; (c) powers, duties and functions of all such officers and servants ; (6) :qualifications of candidates for appointment to such ;>osts and the manner of selection for such posts ; (el pen&on, gratuities, compassionate allowan- ces, if any, payable to any of them or their relatives, as the case may be, in the event of injuries being sustained or death being caused in course of employment ; (f) procedure to be followed in imposing any penalty of withholding increment or prs- - motion, censure, reduction in rank, com- pulsory retirement or dismissal in pursuance of depart mental proceedings for indiscipline, carelessness, unfitness, neglect of duty or other miscond u and directing suspension. pending such - pr ceedings ; authority by whom such orders may be passed and to I. ,whom appeal may lie ; 1. Inserted by the Orissa Port Trust (Amendment) Ad, 1%3 (Or. Act 26 of I963), s. 2. 520 * Oruss~ PORT TRUST ACT, 1962 [Or. Act 30 (g) establishment of welfare or- loan funds for the benefit of the employees of the Board ; (A) any of the matters covered by the aforesaid clauses in respect of artisans, porters and labourers and in respect of contractors :I nd agents who provide such workmen ; and (i) suchothermattersas may be incidental to, or necessary for the purpose of replaling the appointment and conditions of servie or for which in the opinion of the. Hoard provisions should be made by regulations. Fowtrto hp~oint, 21. Subject to such conditions, limitations and or restrictions, if any, as Government may by order direct, grant Lava the Chairman shall have the power to- to officers and servants. (a) appoint officers and servants specified in the schedule for the time being in force made under section 18 ; (b) grant leave and promotion to such oficers and servants ; (c) dismiss or reduce in rank and ,take any other disciplinary action against such officers and servants ; and (6) exercise all other administrative control over such officers and servants : Provided that the orders of the Chajrman made in pursuance of clause (c) shall be subject to the decision in appeal, if any, to the Board pre'fened within such periad and io such manner as may be prescribed, Powel to dir~cnse 22. Notwithstanding anything to thc contrary in rrith sections 20 and 21- and to parrnit retip mcnt jn certain cases. (1) h case of officers and servants appointed hy Government the power to dispense with their services otherwise than far: reasons ofmisconduct, and to order their retirement on pension, gratuity or compassiona~e dowane shall vest in Government and in d other ciwt;~ such power shall vest in the Board ; aad (2) no orders made -by the Board -in respect of officers or servants as Government may, from time to time, direct, shall have effect without the prior approval of Goverment, CHAPTER IV 23. (1) On the coming into force of this Act ali ztz property within the limits of the port other than ward. private property, vested In or belonging to or held by the Government shall, subject only to such of the charges and liabilities outstanding against such pro- perty as may be notified by the Government in that behalf, vest in, belong to and be held by the Board and shall, with a31 the other property of whatever nature or kind which may become vested in thz Board, be under its direction, manasement and control: Provided that no mads and electric installations thereon, if any, as are not public roads and which belong to Government immediately before the com- mencement of this Act shall vest in the Board under this sub-section unless Government in exchange for a price fixed and with the consent of the Board, so direct. (2) All properfy vested in or belonging to, cr acquired or held by and all moneys paid or payable to, the Board shall be deerned to be held by the Board in trust for the purposes of this Act. 24. The Board shall, for the purposes of this Act, POW? ta have power to acquire and hold immovable or movable acqulrc, hold or property or any interest therein, whether within oralienate without the hits of the port, and also the power toproperw lease or sell any immovable or movable property which may have been vested in or acquired by it: Provided that no acq~isition of immovable property or sale or lease for a term exceeding ten years of any immovable projjerty shall be valid uniess the sanction of Government to such acquisition, sale or lease has been hst obtained. 522 THE ORISSA PORT RUST ACT, 1962 [Or. Act 3 Application 25. When any immovable propedy is required for Orhnd Acquisitior the purposes of this Act, Government may ai the AC~, 1894. request of the B~ard procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894, I of 1894 and on payment 'by the Board of the compensation awarded under that Act and the charges incurred by Government iin connection with the proceedings the land shall vest in the Board for the parposes of this Act. Mar to acqui- 26. Whenever any property, to which- public as ritisa or such have no manner of right or claim, vests in the ~;~~,P'thc Board in pursuance of the provisions of this Act, no such right or claim shall accrue in respect of such - property for so lpng as it continues to remain vested in the Board, anything in this Act or aiy othef law or in any custom or usage havjng the force of law to the contrary not withstanding. Gnttactt by 27. (1) Subject to the pro+ions of this Act the 'h*BO"d. Board shall be competent to enter into and perform any contract necessary for the purposes of this Act. (2) Every such ~untract shall be .made on behalf of the Board by the Chairman in such form and manner as may be specified in the regulations made in that behalf. (3) No contract which is not made in accordance with the provisions of this Act and the rules and regula- tions made thereunder shall be binding on the Board. +- CHAPTER V W0kK!3 AND SERVICE^^ Work., and appliances. 28. The Board may execute such works and provide such appliances as it may deem necessary or expedient for the purposes 6f the port 'and such works and appliances may iic l ude- (1) wharves, quays, docks, stages, jetties and piers within the port or on the foreshore I of the port, with all necessary and conye- nient arches, drains, landing places, electric installations, stairs, fences, roads and rail- way approaches ; (2) railways, tramways, 1ocomotives, rolling stock, sheds, warehouses and other accom- modation for passengers and ,goods and other appliances within the port for carrying passengers and for conveying, receiving and storing goods landed, or to be shipped or otherwise ; (3) moorings for vessels and cranes, scales and all other necessary means and appliances, preferably mechanical process of loading and unloading -vesseIs ; (4) reclaiming, excavati.ng, .enclosing and raising any part of the for.eshor of the port which may be necessary for the execution of the works authorised by this Act, or otherwise for the purposes of this Act ; (5) such breakwaters and other works within or without the limits of the port as shall be expedient for the protection of the harbour or port ; . (6) dredgers and other machines for cleaning, deepening and improving any portion of the port or foreshare ; (7) pilot-boats and other appliances necessary for the safe navigation of the port and of the approaches thereto ; (8) vessels, steam tugs or other bats for use as well within the limits of the port as, beyond those li~ts, 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 putpose of landing, shipping or transhipping passengers and goods ; I; (9; boats, barges and other appliances necessary in connection with the supply of water to shipping in the port ; Tm ORJSSA PORT TRUST, ACT, 1962 [Or. Act 38 (10) engines and other appliances necessary for the extinguishing of fires in the port and on the property of the Board ; and (11) such other works and appliances as may be, in the opinion of the Board, expedient for carrying out the purposes of this Act. saaoias =EL c~m 29. (I) When any wharf, quay, stage, jetty ar pier pded to u* has been made and completed, with suf5cient ware- wh4ncs, etc- houses, sheds and appliances for landing or for shipping goods from and in sea-going vessels, the Board may, with the previous sanction of Govemeht, by a not5fication published in three consecutive issues of the OfEciaI Gazette, declare .that such wharf, quay, stage, jetty or pier is ready for reiving, landing and shipping or for landing or for shipping, as the case may be, goods from and in sea-going vessds. - . (2) From a,nd after such publication, the Board may, from time to time, when there is room at such wharf, quay, srage, jetty or pier, order to' come along- side of such wharf. quay, stage, jetty or pier for ;he purpose of landing and'shipping goods or for landing or for shipping % sabe, as the case may be, any- sea- going vessel within the port which has not commenced to discbrge cargo or which, b@g about to take in cargo, has not commenced to do so : Provided that in making such order the Board shall have regard so fa9 as may be, to the convenience of such vessel and of the shippers in respm of the use 3f any particular wharf, quay, stage, jetty or pier. 11-rn 30. When a sdficicnt number of wharves; quays* dation suiB . . .;ttnb -- st ages, jetties, piers, warehouses, sheds and appliances minu vds lhave been provided, as aforesaid, the Board may, with ~mptJIed to w *hmoll the previous sanction of Government by an order am. pyblished in three consecutive issues of the OEdal Gazette, direct that no goods. shall be landed or shipped froljn or in any sea-going vessel within the port, . aave at 'such wharves, qucys, stazes, jetties and piers and,may, in Eke mamcr;al+w, vary or revoke such, ordar . Power to 31. Any officer appointed by the Board in this order vesseb behalf may in cases of emergency or for any reason not to come alongside of which appears to him suficikrit by notice in writing, or to bo order t+ master or owner of any vessel to iemove such zay* vessel from or not to bring such vesqel alongside of any wharvcs, wharf, quay, stage, jetty or pier belonging to the Board '''- and if such notice is not obeyed the Board may charge in respect of such vessel such sum as jt thinks fit, not exceeding five hundred rupees for each day of twenty- four hours or portion of such day during which such remains at such wharf, quay, stage, jetty or pier :. Provided that, in the case of a vessel ordered to be removed such,charge shall not commence to be made_ till after the- expiiy of twelve liours from the service of , such notice as aforesaid on the master or owner of .the vessel. 32. (1) Notwithstanding anything contained iflw.. of Govcmt sections 29 and 30 Government may, by notification to. ,,,, from time to time, permit specified 'vessels or classes of i;; ,m,;blig; vessels to discharge or ship cargo or any specified- cargo wharvm; etc., -or any specified classes of cargo, at such part of the~~d$,~~~~ port, in such manner, during s~ch period, subject to ro be d,,. to . such payments and o.fi such .conditions as Government ~ovtmmcnt vtsscla. think fit, and .otherwise grant exemption from the ' - provisions of the said sections and may in like manner . . cancel or modify any such notiiication. (2) Governgent may also at any time. require that any 'vessel belonging to or in. the-senice of Government - ' shaIl be permitted to come alongside any wharf,' quay, stage, jetty or-pier belongifig to the Board in preference to all other vessels-at the time in the port add it shall- . . be'incumbent- on. the Board to give effect to any such requisition. -. 33. Government may, at any the, order a locd povae a swey or examination' of any works of the Board or :z$g~;f the proposed site therefor arid the cost of such survey or wok. : and examination shall be borne and paid by the. , Board out of its funds in thegeneral account specified ,' in clause (b') of sub-section (2) of section 40. 526 TEE ORISSA PORT TRUST ACT, 1962 [Or. Aot 30 (Secs . 34-35) power of 34; If, at any time, the Board- Gavcrnmcnt to rcslolt or CO~PI: tc (a) allows any work ,or appliance constructed works at the cost of tho or provided by or vested in it to fall into BOU~. disrepair, or does not, within a reasonable time, cdmplete any work commenced by it or incIuded in any estimate sanctioned by Government ; or (6) does not, after due notice in writ~ng, proceed to carry, out effectually any work or repair or to provide any appliance which is necessary in the opinion of Government for the purposes of this Act, Government my cause such work to be restored or compIeted or carried out or such repair to be executed or such appliance to bc provided ; and the cost of any such restoration, completion, construction or provision shall be paid by the Board ; and shall be recoverable in the manner provided in the Local Authorities Loans 9 191~ Act, 1914. Ptrrormance 35, (I) The Board shall provide all reasonable 0r5ewi~b~i~~jlities for and shall have power to undertake the the Boaro. following services, namely :- (cr) landing, shipping or transhipping passengers and goods, between vessels in the port and the wharves, piers, quays or docks iri possession of the Board ; (b) pro viaing proper amenities to and ensuring the safety of vessels entering the port ; (e) ~i~vi,. i.~g for pilotage, hauling, mooring, rernou:.ing, hooking, measuring and other services in respect of such vessels ; (d) carrying passengers by rail, tramways or otherwise within the limits of the port, subject to such restrictions and conditions as Government may deem fit to impose ; (e) receiving, removing, shifting, transporting, storing or delivering goods broupht within . the Board's premises ; (j) providing special facilities for giving pre- ference in receiving, transporting and shipping of such consignments of iron-ore as Government may, from time to time direct ; and (g) such other services as may be incidental. or ancillary to or necessary or expedient for the carrying out of the purposes of this Act. (2) Thc Board in addition to its obligation under asbsection (A) shall provide for each of the following matters and for rendering all such services as may be relevant thereto, namely :-- (a) construction, maintenance and cleansing of drains and drainage works and public latrines, urinals and silmilar conveniences ; (6) construction and maintenance of works and means for providing supply of water for public and private purposes ; (c) scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters ; (A) establishment and mzintenance of hospitals and dispensaries and the carrying out of other measures necessary for public medical relief ; (e) construction and maintenance of markets and sIaughter houses and regulation of dl markets and slaughter houses ; (I) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said pllrpose ; (g) regulation and abatement of offensive or dangerous trades, occupation and pra
Excerpt shown. Open the full act in Lexace.