LexThe Tamil Nadu Maritime Board Act, 1995
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actTHE TAMIL NADU MARIJTME BOARD ACT, 199.
ARRANGEMENT OF SECTIONS.
-SECTIQNS :
CHAPTER I.
PRELIMINARY.
Short title, extent, commencement and appliioation.
Definitions.
'CH)Wl"ER 11.
Establishment of Tamil Nadu Maritime Board .
Diqualifications of members. , . . .
Term of office of Chairman and mambcrs.
Vacation of office of 'member. .
Eligibility for appointment. '
Filling up of casual vacancies,
Absence of Chairman.
Meetings of Board.
Committees of Board.
Fees and allowances payable to mmders.
Member: 0' Board or Colnmitte8 not to vote i~ certain c-.ses. .
Acts of Board not to be invalidated by infirmi@, Vacancy, --
Delegation ot powers.
1. . Duties of Chairman.
I. . I,
I 8 TAMIL NADU GOVERNMEN7 GAZEYTl 1 .A i 11P.(3111)1NA IP'Y
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STAFF OF Tt IE BOARD.
17. Chief Executive Officer and other Officers and servant.; oi ih~ard.
18. Power to make appointments.
CHAPTIlR 1V.
PROPERTY AND CONTRACTS.
19. Transfer of assets and liabilities anc employees, etc. of Government to Born!
20. Tr-wfer ot service of certain employees,
21. Existillg rates, etc. to continue until altered by Bod
22. I<epa~~nant of capital with interts'r.
23. Procedure when immovable property cannot be acqurr~d by .LSI cement.
24. Excoution of coiitrirots and agrccm,:nts.
WORB AND SERVICES TO BE PROVIDED AT THE PORTS BY TIIE BOARE
25. Power of Board ,to ~$zcptp:$qfrs and 'provide appianccs.
26. Power of Board to un$er%kf certtin. wy,rks:
* .I ," ,- '* 5 , . lj'
27. Power of ~oard-to order sea-gdfdg, vessels to ;st docks, wharvcs, etc.
Sea going vessels to use docks, wharves, etc.
Power to order vegsels not to come alongside of, or to be removed from docks.
wharves, etc.
Power of Government to exempt vassels from obligation to use wharves, etc.
Board to decbre when vesqls other thao sea-going vessels compelled to use dooks.
wharves, etc.
Services by Board or othef ppn.
Responsibility of Board for'lo&,' et;, of goods.
Accommodation. . ,
Power to permit erecti~n of priy? w@uvo.
Compensation.
IlMpOsITfON AND RSCOVERY OF RATES AT PORTS.
.,J r. . . C . 6
Scale of ram.
conditions-for use d property of Board.
of sdcas.
Concessional rates.
Prior sanction of Ciovtxnrnent to rates and canditio-
Powat of Government to require modi6cation or canqFUation of rates.
Remission of rates or charges.
Refunc, of overcharges.
Notice of payment of charges short levied or erroneously refunded.
Time for payment of rates on goods.
Board's lien for rates. , .
Ship optner's lien for freight i+nd other charp.
Sale of goods after two months if rates or rent are not paid or lien for freight 1s
not discharged.
~isposal of goods not removed from premises of Board within time-limit.
Application of sale proceeds.
Recovery tf rates and charges by distraiut of vessel.
Zwnt of port clearance after payment of rates, realisation ol damages, e.
-4
TAMIL NADIT nGOVERN.MEMT GAZETTE EXTRAORDINARY 8 - . --. - ",.
CHAPTER vo.
BORROWING POWERS OF BOARD. I
1 54. Poqer to raise Icans.
55. Board securities.
56. Right of joint or several payees of smuntxes.
Power of one or two or more joint holders to gratt receipts.
Endorsements to be made or, a security itself.
Endorsement of security not liable for amount (hereof.
Impression of signature on securities.
Issue of duylic~te sec~,it;-.
Issue of converted, etc. sec~rities.
I)iscbarg$g in we caw.. ,. , ,
Security for loans taken by BOW. .
Remedies of Government in respect of loans made to Board.
66. Power of Board to repay loan$ b%hbi&e date.
67. Establishment of sinking fund. -
! ,-; %.' . , : -2.' " " .
68. Investment and app!iwt$m of d+dg , * w,.Jtr. fund : . .
69. ExaminsltiOh of dhlbb$ fbd. 5 e - ~b*
I . I, I I".:, ,r I
70. Power of Board to #.y lqqns ?JJ . aRpq . ter& hihi ' .., ,.
72. Power of Board to borrow money from ~nternational B& f01;. -W@?@On
and Development or other foreign institutions. I", .t '
73. General Account of Ports.
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'4 .
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74. Application of moms in Cbh~iU kqmto . I
75. Pcrer to transfer moneys from account to &ecifie# '#$fiilatsr #.I . , -*~ltoro*
and vice versa.
).
76. Establishment of Reserve Fun&. , . :\
77. Pomr lo rest& b k~hrd sdcufili& tbr &5il1d's om iliJt%i&ntl . ' ' . .:
8,.
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78. Prior sanction of Government to charge sxpen8itw ok ~%d. . , . .
I, . I
I ?$.' '' Works requiring sandion of BO@~ plr ,Gow*nt.
go. Power of Chairman as to excCntibn bf Works. '
rl. Power of Board to compound or compromise &mr, .
10 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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REVENUE AND EXPENI>lTURE--conr .
Writing off losses.
Powers, etc. of Board as Conservator.
Budget estimates.
Preparation of supplemental estimates.
Reapprapriation of amounts in estimate.
Adherence to estimate exoept in emergency.
Acco~nts ane audit.
Publication of audit report.
Board to remedy defects and irregularities pointed out in audit report.
Government to decide difference between Board and Auditors.
OWEK yi.
SUPERVISION AND CONTROL OF GOVERNMENT.
92. Administration report.
93. Submission of statements of income and expenditure to Government.
94. Power of Government to supersede Board.
95. Power of Government to give directiolls to Board.
Pmns employed under this Act to be public servants for certain purposes.
Penalty for contravention of sections 27, 28, 29 and 30,
'Penalty for setting Up wharves, quays, etc. without permission.
Penalty for evading rates, etc.
Recovery of value of umage to property of Boatd.
Person interested in contracts, etc. with Board to be deemed to have ccmmitter!
an offence under section 168 of Indian Penal Code.
' -0t her o ffenoes .
Gognizanoe of offences.
Offences by companies.
MISCELLANE0U:S.
Coostituti~.. r f State Ports Consultative Committee.
Lo-.! Advisory Committee.
Limitation of proceedings in respect of thiob~ done.
Protecticon of act done in good faith.
Power to niake ru1es.
Powr to malie regulations.
Provisions with respect to reglrlations.
Power of Governme~lt to direct regulations to be made.
Power of Governlnent to make first regulations.
&sting of certain regulations, etc.
Saving of right of ,Central Gowrnrpent and :nunidpaliti? to use WharPecl, etc.
for collect~on of duties and power of Customs authorities.
Application of provtsio.~~ of ~ct to air cnA.
Powa to remove diflcujties.
Repeal and saving:
I'
(2) It extends to the whole of the State of Tamil Nadu. ,
I
The following Act of the Tamil Nadu Legisiative /lss:mbly received the
asaent of the President on the 1 Ith February 19~6 and is hereby
pzlblished for general information :--
ACT No. 4 OF 1996.
'An Act lo proviUedfor'the Csnsfttuttion of kz Mdrftime Board for minor ports in the
State of Tanoil Nadu and to vest the Administration, Control and Mdiu'gement
bf~uch port8 in that Board Und-f or matter8 connected t,'lere~vfrh.
I
BE it enaated 4 the Legislative A'sstmbly ' ot the State of Tamil xadiJ i;:
I
(3) It shall come into force on such date, as the Government may, by
aotifimtioa, appoint.
(4) It a Pes to a11 the minor pbrts in ihe State to which the Indian
Pees Ad app P% 'es on the date of tb comniencenlent of this Act aad the
GImment may,' by notifiation, apply the provisions ot tk is Act with eflect traan
sue% dm, as may I>c spaciHcd in thei notrtication, to any 0th minor pma
i.wSt&~ to which tbc Indian Ports Act is extGndcd by the C;overment under
the Fsrtpgixth Year of the Republic of India as follo\vs :-
Shert title, mt
4 *f that Am*
Dedi.iBon& -3
2. In this A&, uakss tb matext otherwise requires, - .
I
(4 Y.ppointd by'' in rolatiea to aay minor pert aea~~~;fSu:~'Uay oa
wN& this Act is made qplionMt te that pert ; . .:
4%
! 0) "Boardq* mans the Tamil Naau Maritime ~oad eaObli&ad uadw
~BB 3;
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(c) "Board security" means debentures, bonds or dock certificates
issuedf by the Board in respect of any loan contracted by it undet the provi-
sions of this Act ; . >
(4 "Chairman" means the ~hairrhin of the ~o&d and idolodes the
pxson appointed to act in his place under +tion 9 ; . r tl
(e) " Collector of Cus$oms" . means . the Collector of Customs specified
central Act 52 of in the Customs Act, 1962 ; ' '
, .<. . -
1%. ,.;"G
D (n "dock" includes all * basitis, locks, cuts, entrances, graving . ctdks,
graving Mgcka, inclined planes, slipways, gridirons, moorings, transit sheds,
wab&o~#~s, godowna, open plots rltld other works and things appertaining to'any dock and also the portion of tho bs enclosed or protected by the arms
or groynes of a harbour ;
(g) bLforeshord* in relation to a?o& 'means the area betwean ,, the high
water mark and the low water mark relating to that port ;
(h) "goods" indudes live stock a& every kind of movable property ;
1 (i) "Government" means t'he State Government ;
(13 "high water mark" in rdatian to a port means s line drawn through
the highest points reached by ordinary spring tides at any season of' the year
at that port ;
(k) " jmmow& grogsty " ln~lk , wharlage.rights and rY other rigl~~.
e-kbk on, eves or in rsspeetd, WIW,, wBa;f, dook or $W :& g , ,
5 2 - .---. . TAMIL NADU GOVERNMENI' GAZETTE EXTRAORDINARY
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(I) "Indian P ~ts Act" means the Indian Ports Act, 19(?; Qkatra8 ~ct xv
M8.
(m) "Land" includes the bed of sea or river below iligil water wk
and also things attached to the earth or per~nane~~tl> f?.stened to an*
attaahed to the earth ;
(n) "Low water mark" in relation to a port inzans a line drawn through
the lowest points reached by ordinary spring tides at ally semon ot the year at that
port ; *
(0) " master " in relation to any vessel or craft ~nakil~g use of any
minor port means, ally pcrson .having, for the time b~:ing, the charge or
control of such vessel or craft,. as ]he ,ca may be, except a pilot, harbour
master, dock master, or berthii$f' b$~oi'b? the port ;
(p) " member " dean% A &em&' dl' the Boaid ;
(v) " minor port " means; a poct other than a major port doelared as
) .ush by the Central Go~rnment b.ibf ddy kiw ;
I cr) " o yaar "- . .
6) in relation to goods includes any consignor, consignee, shipper
.or, agent for the sale, custody, loading or unloading of such g~ods, and
, 1 I,
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. . (ii) io relation to any vfssel or crgt making uw of any kt, in&ihes
any p~rt omr, charterer, consignee or mortgagee in possession thereof ;.
(8) l6 pier ** jiocludes any stage, stain, landing place. k*fd irjtr, wg
3 itr sf'.l.:. .barge or psntoon and any bridges or other works connasbd therew!'i'
!
i (t) "port" means any minor port to which 'this ~ct zi>plie*ts -withie
, such -lla)sts .+l may, from time t~ .t&&. . bq . defin* by, the Goraqt udor the Indian Ports Act ; ". . - , .",
I
1 , :i ,;, . -5 s .&. .. , 8. , ,>:, ,; @-" ;
I:.. (u) '' mrt a~prw~h- " in rei@j~n .to a Bqrt ma s th.0~~ pqts of the mvigable rivers and cha~lnels leading to the port in wkch the ,Pa@ Act is in force ; .,,
%
(v) " Prescribed " means prescribed by rules or regulations made under
this Aat ;s
@) '* pubiis. securities " means-
(3 +omirory dotes. .depnth, YO& or other s~curitiCs of ille Central
govmmmt or of any State Government :
hovided that vourities 60th tho principai aid the isti$$ whereof havq
fu. and unconditionally guaranteed by any siich (Government halt be
w, tor the purposes of this clause, to be securities of such Government ;
(ii) debentures or other securities for money jYwd by or on ,~&lf of
p9y m\jOicipal body, Improvement Trust or Port Trdst under the a~th$~, of any law for the time being in force in the ct~t- !;rel~l.l;qg the Board securfiies) :
(x) "rate" includes any toll, dl+e, rent, fe~ or oharge. leviable under this Aet ;
(y) "regulations " means regulations made under this Act ;
(2) "rules" means rules made under this Act ;
(M) ";vessel " indudes anything made for the conveyawe, mainly by a&, of human being or of goods :
I' "
Wharf" includes any wall or swe and any part of the lsuad 0
tore& thst laaY bk for 1bCd&'6t un~oii& gUb& or for the ern&-
Sllgt.
"$ radon or d&hdrkmoU l'k&@h ''a lW th *.Sing 6r ddjoihttg tbe
I . -v I ,' ,
."--.
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I (1) ;is soon as ma9 $&tet ike $oi@eep&ne*ht bf ithi A& the 60 em-
amt may, by naification, establish A to be called ihc Tad;] Nidu hi+- of Tamil Naau
time Board. MarhfeePollM.
r ).
(2) The Board shall be a bodi oabdiate, hk;;i G&ii ;-g#wli I
a common seal with pqwer, subieGf td tlS?: ,pr~visions*of $is Act, fp aoqoirs,
hold and dispose of pr-ty, both* qloypblp.and immovable; aB 10 .on*,
and may, by the said name, sue and be sued.
' i . A _A
j) Tiy&eadkoffice ~f the Board ., J shall ba at such plw as tho Gcvmmt
,a, ty no aiitfoii, tlikct:
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r *'. ., t.L. 'A! ; , t', . ., . ;
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*,
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1 . ' ~15 't'@ ,~diir+l s&ll consist ofl,tan .members, Mo &al! ,b, by
' db9t2fimdt; as foilbws, AarnelY :- - *- , .A . . 5L.~
. -
2 i)l,,Of : *I. s . <- .<:. .'1b:Yiq
(a) the State Port Officer, ex-officio ;
I
bn *. s !7/ -4. ..b
(6) the &ofeta& to . ~ovommcnf~i..~inancq dq&moat ,Q$ ~ggmge A below the ran& of a De~utv Secretary to Government of t@t &*l*nS
&ding with the subject port, ex-ojf iczo ;
a
';% ,%I># , b) dh miiibpr 4116 id i "' k4& +fa tpd imibws b4*8!3 b , ,,,tv,, i,,gb ,,j
r.latiog to parts, sluppidg, mari imc aoa or . co&cr& br n do d . .a wdmiu
hn of such matters ; -- -
6' 9%
6 " > ' d I. I - ,!+A . sit .4$j&*~ *
(d) one member who possesses adedk .q&ficadm ia .% &&&. .I YJ t*sr h at.
engineering , . and has wide experience of mattep relating to Barbour work;
1. 'j14 kt,$,? , - df4. .a.i , *r
(c) one member who lo Charmed ~mounta;; or who p~aga high
amclemio qualificafion iqlAooountanp' apd. wh 9s suffici9t expe~@~ce in aacounts
pertaining to indoshy; '&mihem, pdtt) '&' &qy& :
. %
7
.,.+,<d,i i 64 .,$ti.f~>~
onb member reprcsentmg Ihg i&t&ia Li ?l&, &A and
idusp~.y ;
. .
1'3.Cl .. ..%.. 1 " L.* ,,,, ,1i:
(i): one member representing the interests of workors of minor gons ,
L ' I 4 .
I (j) ti& Chief ~kecutivt? Oglcer appoi&ted und; &&ion if, &-oflicio.
:i,t 1 I< - 1. It .Of
Q The Government slx~ll ? int dk .d thd mdrk npointd 'T snbswtion (4) other than t$e Ghie Executive OiBcer to be thc hwnnan of the
~osr:d and the Clihf Executlvo Officq,,dql~ kp,- *. ,bu the . ~icqe-Clhairman $ . oftpa ,. - ., Boasd. , ,
4. *r
n &all be dirqlua I' fed f&'6%&1 abi ni&d, t(k k d&&%k b# a
rambet. o the Board, if he-
>'.LC, ". : . ,
t18 114 :il,I:Fi aaj wpm doei or dlrhis~~ the &40tiA iii* .$a@.&vrBP- , ,,*,,, ,,,, vd;G.,>f ,,
nt or of any State Governme.lt or of any local authorrty or of a o+raaios
zM bt mnmlld by 11ic.Central Goi&n-t or by any State Govcr~t~~cnt ;
+ > .. .A. -.... "
(b) hns bet* convicted and Lntcncsd to in-mt for =i &&ce
lfivohring mord turphud6 ; or . s7 . .
M?' I'AML NADU GOVER.NMENT GAZETTE EXTRAORDINARY -- -- - .- -.- -- - "_M.11
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(d) has directly or inclirectly any share or interest in :iny work dolic: by order
of tbe Board or in any contract or amployment with, by or 011 t cllalf of the
Bolrmd:
Provi&d tbat no person dull be deemed to have a share or interest in such
work, contract or employment by reason only of hS-
(i) having a stare in any company or firm mhich may contract with or
I be emplopad by or on behalf of the Board ; or
(ii) having a sham or intsrast in any newspaper in which any adver?ise-
meat relating to the affairs of the Board may bo insartad ; or
(iii) baing intorested in any loan of money to the Board ; or
(iv) having a share or inter& in any base, sale, exhnjp or purclram
ef himah property or any agmment for the fame ; or
(v) having a sham or intarust in any lioenca id by the Board or cigttt
by -t or otherwise with tb Board to thta sole or preferential use d aay
paaa3ls4s (M property belonging to tho Board ; or
(vi) having a share or intatsst in the occasional sale to the Board to a
vah not excding tan thousana nips in any one financial ychr, of any artick
in MdB Int trail-. -
rmofottbs , 5. bwry membet other than an odiioial a pointed as Ohairman and every 8fa&fmarnd mramdnl member shall hold office for a priqfof two years. 1Iyk..
ckcrtbo af 6. (I) Tht Govss~~U~mt may ranova a manbar includiiag the Chairman, whe
*dm i,net~~iol &'tbEloruJ,ifhrr
Ce) Cgcam snbjwt ts any of th) disquaiifications mmtieaod in sec tisa 4
' rn
(1 mfuses ;o act or ~~ incapable of act;* ; or
(c) has, in the opinion of the Government, bme inuapable of repre-
senting the interests by virtue of which ha was appointad ; or
(d) absents, without the permission of the Board, from six consecutive
wins of the Board ; or
(e) acts in contravention of the provisions of section 13.
' .
(2) The Chairman who is not an ex-ojjicio member may resign from his
oflice by tendering his resignation in witin to the Government, but the resigna-
tion shall not take effect until it is accept d by the govern men^.
(3) A member of the Board, other than the ex-oficio member, may resign f
'.VOID his office by tendering his resignation in writing to the Chairman who shall
fhard the same to the Government, but the resignation shall not take effect
until it is accq%ed by the Governmdnt.
7.' Any person 'ceasihp to be a mombar shall, udau dilqualifiisd vndm
-$: .. qoo(ion 4. be eligib1e for rsappointmcnt.
. tph.4 .
8. (1) Any casual vacancy in the office of the Chairman shall be filled, as s&n %%, , ' u may 4 .in the. same manner as provided in sub-section (5) of scotion 3.
,,
(2) Any casd vacancy in the office of a member af the Board &ail be
fill,, as ea~ly as possible, after the occurrence of such vacancy :
+' I , . ,, '.
Provided that where any casual vacancy occurs in the oh ox any such
mt~lber within three months preceding the date on which the tar111 of the of6.a
of~~~~derStctiOnS,yitshsttnotBelllai3.
a
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(3) A member appointed under sub-section (2) shall hold office so long
only as the member in whose place he has been appointed wfould have held office
lf the vacancy had not occurred,
9. If the Chairman is, by mfirmity or otaerwise, rendered Incapable of ~tsende 01
: carrying out his duties or is absent on leave or otherwise, the Vice-Chairman, Chai~mt:fl,
and in the absence of both the Chalrman and the Vice-Chairman, such member,
as the Government may appoint, shall zct as the Chairman.
10. (1) The Board shall Eeet at such times and places, and shall, subject to Meetings 01
the provisions of sub-sections (2) and (3), observe such rules of procedure in regard
to tne transaction of business at its meetings (including the quorum at meetings) .
as may be provided in the regulations :
I Prov~ded that the Board shall meet at least once in cvery month.
! (2) The Chairman, or in his absenaa the:ViceChaiian, and. in the absence
~f both the Chairman and the Vice-chairman, any person chosen. bY,' the. members
, present from amongst themselves, shs(Il1pre~ide at a meeting-of the ,Bdard
"! . '
(3) All questions *at a meeting of the' BUardHshall be &bid& by a rnahritg, !
of the votes ot the members present and voting and, in the case of any equality
of votes, the person presiding shall have a second or casting vote.
f
(4) The proceedings of the meetings of the Board shall be forwarded to the
t
Government in the Department in cllarge ofl~ the minor-ports within seven days
of every meeting.
. . 11. (1) The Board may, from time to rime, constitute from amongst its meal, Cornitregs .
bers, one or more committees, each consisting. of such number as the Board may Board. , ,..-
consider necessary, for the purpose of discharging such of its dut&apd funpons
as may be delegated to such committee or ' admmitteks b$l"tlidr'Bb&d. , tr,&
rc " %. .,a J! . ' ,.;< , . '- .**P-
(2) A committee constituted under sub-section (1) shall meet at such time
and at such place and shall follow such procedure in regard to the transaction of
business at its meetings (incluhng tne quorum) as may be provided in the
regulations.
12. The members including the Chiufiiirlshtill be paid by the ~o&d such :zwtn&
fees and allowances tor attending meetings of the Boara or o any of its conimi&&s payabl= to
and for attending any. work of the Board as may beprovidd in the rules. members.
13. A member of the Board or of a committee who- -
(a) has directly or indirectly, by himself or by any partner, eh-pld$er or Members f Brad or cornnuttea entployee, any such share cr Interest as is described in section 4, in respect not to vote in
of any matter, or certain cases.
(b) 11as actea professionally in relation to any matter on behalf of any person
having thereio any such share or interest as aforesaid, - --,
xot vote or take part 1~ BEY proceeding of the Board or: any committee
relating to such mattel.
14. No ~ct done or praceed.it.gtaken urder 1hisAct bythc Eoard or 3,ny ~~~f~d commi'tet shrll be invalid~.ttd rrtrelj cu the gcur;d cf- invalidated . %'
intirmiw, v2fnc5
(0) any vacancy or any defect in the' constitution of the Board or the
co amittee; or
(.
a,, , . . I'
(b) any defect or rregularity in the ag~ointment of +I person actibg as a
member rheceot ; or
(c) hny member having acted or taken part in anv proceedtngs in oontra-
kention of section 13 ; or
(d) any defect or irregularity in suob act of promding not affdng he
l,,?, ii, .l tze wse
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16 TAWL NADU GOVERNMENT GAZETTE EXTRAORDINARY I
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,,:tsga:lon of 15. The Board may, with the approval 01' the Govelnmcnt, direct :n&i--
~owers, (a) such of the pahers a3l.d duties corlferred or imposed upon the Board
by or under this Act as may be specified in ,uch direction, may also be exercised
or pcrformed by the Chairman :
(6) such of the powers and duties conferred or Impabed or; tIlo Chuirnla~r
by or under this Act as mmy be Jpecified in such dircctiun, nay albu br: cxcl~iscd
or performed by the Chief ExecCive Officer, subject to such conditions a.nd res-
trictions as may be specified in such direction :
Provided that the Chid Executive Officer shall exercise the powcrs and
perform the duties specified in the direction, subject to the supervision and the
I control of the Chairman.
Outks cr / 16. (1) It sball be the duly of the Chairman and the Vice-chairman to attend Chairman. every meeting of the Board unless prevented by sickness or oiher reasonable cause.
#
(2) The, Chairman shill exercise supervision and control over the acts of
all employees of the Board in the matters of executive administration and i~
mattas concerning the accounts and records of the Board.
STAFE' OF THE BOARD.
Chicf Executive
and other 1 17. (1) (a) The Governnlent shall appoini a peison, having experience in
o@am and ' ci qil works, operation and administration of ports, to be the Chief Executive Officer
mts of
bad. of the Board.
I (b) The conditions of service of the Chief Executike Officer shaIl be
such as may be prescribed in the rules.
(2) The Bolird nuy create posts an@ apppitlt svch otl?c~ oRicers and
servants as It considers necessary, In accordance wlth the regulation made i n this
behalf, for the =ffic~ent performance of its functions.
(3) Notwithstanding anything contained in sub-section (2), the Board ma,,
with the pre+ous approval of the Government, sanction the creavon of, or appolnc
any person to, any post the maximm monthly salary of which exceeds tho
thousand rupees.
I
(4) The remuneration and other conditions of service of the officers snd
servants of the Board shall be such as may be p~escribed by regulations.
Power to make
rppolut~nals. 18. (1) Subject to the provisions of section 17, the pomer of appointing anv prson to any post, whether temporary or permanent, shall,-
(a) in the case of a post, the incumbent of which is to be regarded as the
head of a department; or the maximum of the pay-scale for which (exclusive of
allowance) exceeds two thousand rupees, be exercisable bq the Government
In consultation with the Chairman ;
(h) in the case of any other post, be exercisable by the Chairman or by such
authority as may be prescrikd by regulations :
Provided that no person shall be appointed as a pilot at any port who
is not, for the time being authorised by the Gtlvernment under the Indian Ports
act, to pilot vessels at that Port.
(2) The Government may, by order, specify any post, the incumbent of
which shall, for the purpose of this Act; be regarded as head of a department.
k TAMIL NADU GOVERNMENT GAZSTTE EXTRAORDINARY 17
?- --
! CHAPTER IV.
PROPERTY AND CONTRACTS. Transfer of
19. (1) As from the appointed day, in relation to any port,- assets and
(a) all property, assets and funds and all rights to levy rates vested in the IIabilitiesacd
Government fer the purpose5 of the pan immediately before such day, shall vest ~~&~$~~~%
i in the Boaid ;
(0 Hoard. (h) a11 debts, obligations and liabilities incurred, all contracts entered into,
and all matters and things engaged to be done by, with or for the Government immediately before such day, for 01. in connection with the purposes of the port,
shall be deemed to have been incurred, entered into and engaged, to be done by,
vith, or for the Board ; i
(c) all non-recurring expenditure incurred by the Government for or
in connection with the purposes of the port upto such day and declared to be capital
expenditure by the Government shall be treated as the capital provided by the Government to the Board ;
(d) all rates, fees, rents and othersums of money due to the Government
ir? relation to the port inlrnediately before such day, shall be deemed to be due
to the Board ;
(e) all suits and other legal proceedings instituted by or against the Govern- I
ment immediately before such day for any matter in relation to the port, may,be
contillued by or against the Board.
4 ransfer of
20. (1) (a) As soon as may be after the appointed day, the Government may, setvice of
dter consulting the Board, direct, by general or special order, that such of the
employees of the Governinsnt who inmediately before the appointed day were serving ern"-'
under the Government s~lely or ixaidy for or in comection with the affairs ef the
port shall stand ailottrd to serve in connection with the a3airs of the Board with
&ect on and from such dste a, nray b.: s?scih~d in such order :
Provided that no such order shall be issued in respcct of any such employee
without his consent.
(b) With ell zct on and from the date specified in the order under clause (a),
the persons specified in such order shall become employees of the Board and shall
cease to be employees of the Government.
(2) Every person refemd to in sub-section (1) shall hold office under the
Board by the same ten~,re, at the same remuneration and uwn the same rights and
privileges as to pension or gratmty, a any, and other matters as he would have
held the Sam= on the date specified in the order under clause (a) of sub-section (I),
as if this Act had not been passed.
(3) The liability to pay pension and gratuity to the persons referred to in
sub-section (1) shall 1)e the liability of the Board.
(4) The sums at the credit of the provident fund accounts of the persons
referred to in sub-section (1) as on the appointed day shall be transferred to the
Board and the liability in respect of the said provident fund accounts shall b:
the liability of the floard.
(5) There shall ,oe paid to the Board out of the accumulations in the super-
annl;:ition fund and other like funds, if any, of the Government, such amounts
as have been credited to the superannuation fund or other like funds, if any, on
behalf of the persons referred to in sub-section (1). The amounts so paid shall
form part of the superannuation fund or other like funds, if any, that may be
est,blishcd by thc Board for the benefit of its employees. Ex~sting raw,
21. As from the appointed day, all rates, fees, and other charges in relation rtc. to continue
to any porc shall, unless and until they are varied by the competent authority in utnil altered
accordance with the provisions of this Act, continue to be lcv~cd mad-oolleated OY Bo"d*
at tne same rate at which they were being levied and collected bv the Governmenr
before such day. Repayment ot
22. The Board shall repay, at such intervals and on such terms ana conditions capital with
as the Government may determihe, the amount which is treated under clause (c) 'ILterest.
of. sub-sction (1) of section 19 as capital provided by the Government, with interest
at such rate as may be fixed by the Government and such repayment of capital
or payment of inteiest shall be deemed to be a part of the expenditure of the Board. procedu1-0 wbea
t~ar AC~ I of 23. Any land or any interest thereig requirrd by the Board for the PUrpOW ~~~~ama.
594. of thls Act, may be acquired under the provision of the Land Acquisition Act, ~JC
1894. by agreement.
Execution of
24. (1) The contracts or agreements shall be made or executed in accordance and
wlth such rules as may tie prescribed. ' agreements.
(2) A contract or agreement ma& or executed in cohfravention of the pro-
visions ot thie Act or the rules or regulations mado Weunder sh not be binding
c,, the Boaxd . ,- ..., +:,., ,,., >t - 1- .l -1C ,f rl-rn P.rqrd
18 TAMIL KAdU GO~IERN!MENT CAZE'iTI: t:X r i (;~.ilji I'~, .I<Y
.rrrr-- ,* . r -...-- * , ... -- -".
- - - - -- -- - -- - - -
25. (1) T71c BDLI .-? inly, subject to any o h *r I.: v fa : i i I *:, . ,. L
Power of
Board to execute such works ,vithin or 3utsidz the limits t;lc 2,) ::(-id ll , , .. - ' ,, . r J:.,.~~L. .
executeworks as it may deem necessary 0:- expedient.
and provide
~pplianc-. (2) Such works and appliances inrl:~. i.lclc!d% -
(ii) ::lrl;'~rveq, CJLI,L:I~, dock$, st?.ses, jc:;ics, 2;~:;. ." , ., -,G c 1%~:
other wsrks within the port or port approaci-:s ar .>11 ih:: ig. *, *)b t11~
or port approaches, with all such conven~eut rchas, cln:~fis, l~l~di,~~ Lllc-~zs, at :ifj.
fences, roads, bridges, tuqncls and approaches and buildings icqWi:\l L,: CiIC rcsi-
dznce of the employees of ths bmrd as the BoL rd ma11 consider i>CGi>j.b'j ;
*
(b) buses, l?corIrtives, rolling stock sheds, hotels, warehouses and
other accommodation ".r passengers and goods and other applizucz~ far
caqmg passengers anu for conveying, rec:iving and storing goods landed
or to be sh~pped'or otherwise ;
(c) mooring and cranes, scales and all other necessary means and
appliances for loading and un-loading of v~ssels ;
4
(d) reclaiming, excavating, enclosing aud 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 Aci or otherwise for the purposes
of this Act ;
1. i
(e) such break waters and other works as may be expedient for the
protection of the port ;
(f) dredgers and other machines for cleaning, aidening, deepeni~ig and
improving any. portiou of the port or pol% approaches or of the foreshoxe
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 Stqte functions ;
(h) vessels, tugs, boats, bar es and launches and lighters for toe use
within the limits of the port or beyont~se limits, whether in territorial waters
or otherwise, for tho ~pqose of .toying or rendering assistance to any vessel,
Whether enteiing or leapgthe port br bound elsewhere and for the pqose
of saJibg or protecting lffe or property and for the ~7 of landing, sh~pping
or transhipping passengers or goods under section 3
of ~bo~a. : -CQU~~~W, miuntenance and use of boats, b$\z%t other arnIipn3 for t e pmpqse of the supply of water
at the port ;
(J) engines and other appliances necessary for the extinguishing of
fires ; ..- --"-r.s- Ti t ' -7.c - (h) lands abutting the sea ccast including cnmks ;
(1) ferry oats and other works and equipmeut appertaining to the
running ferry service at or between the poi-ts ;
%
(m) construction of models and plans for cxrrying out hydraulic
studies : and
(rs) dry doc~s, olpways. mat Dasl ns ana wor~shopb to cdrry out repairs
or overhauling of vessels, tugs, boats, machnery cjr other appi~a~lces.
.#.* .:a .-
Power o: Board 26. (1) The board may undertake to carry out on behalf of any person any
t, undmake works or services or any class of hrks or services, on such terms and conditions
etain norkb. as may be agreed upon between the Board apd the persons concerned.
-- ,J
I TAMIL NADU GOVERNMENT GAZETTE EXTRAORDlhARY 19
1, ----- -. . -- ----
(2) The ~oard may, if it considers it necessary or expedient in the
public ~nterest so to do, lend any of its vessels or appliances or the serviw
of any of its e~nployees to any person for such period not exceeding three
months and on such terms and conditions as may be agreed upon between
the Board and the persons concerned.
27. (1) When any dock, berth, wharf, quay, stage, jetty, pier or placa '
of anc lorage erected at any port or port approaches under the provisions '
of this ~ct has been completed with sdiicient warel~ouses, sheds and appli-
ances for receiving, landlng or shipping goods or pafsengers from and upon
sea golug vessels, the .Board may, after obt$ning the aljproval of the Collector
sf Customs and by notification published In three comtive issues of the
Tamil Nadu Governmen1 Gazette, declare that such dock, berth, wharf, quay,
stage, jetty, pier or place of anchorage is ready for receiving, landing and
shipytn! or for landrng or for shlpping goods or passengers from and upon
sea go~ng vessels.
Powa of Baue '
to orda see.
going vtweb ,-
to use dody
wkarves, *. . .
(2) As from the date of the publication of such notification for the
third time, it shall be lawful for the Board from Ume to time, when thefe
1s room at such dock, berth, wharf, quay,. stage, jetty, pier dr place of *
anahorage to order to Gome along side of such dock, btrth, wharf, qwiy,
stage, jetty, pier or place of anchorage, For the purpose of landing and
shippi* goods or. passengers or for lanhng or for shipping the same, apy
sea Wang vessel wlth~n the port or port approaches which has not cornmen-
.ed to discharge goods or passengers or wMch belng about to .take in goods
er passengers, has not commenced to dp ,sq :
Provided that before making such otder, the Board shall have regard,
as far as possi~le, to the convenience cf such vessel and of the shippers, in
reepect of the use of any partxular dock, berth, wharf, quay, stage, jetty,
pier or place of anchorage : J a.
Provided further that if the Board is not the conservator of the port.
the Boar4 shdl not itself make the order as aforesaid, but shall requirt the
conservator of the port, or ather person exercising the rights, powers and
authorities of the conservator of the port to make such order.
28. When a sutficient number of docks, berths, wharves, quay,% tages, Sea gurLg
jetties or piers have been provided at any port or port apprcb:hss, the Board to use
my. after obtalnlng the approval of the Collector of Customs and by noti- docks, wharv~s,
Scation published in three consecuuve issues of the Tamil Nadu Government etc.
Gazette, direct that no goods or passengers shall be landed or shipped from
gr upon any sea going vessel with the port or port approaches otherwise than
at snch docks, berths, wharves, quays, stages, jetties or piers, except with the
mnction of the Board and in accordance with such conditions as the Board
may specify.
29. Any offcer appointed by the Board in this behalf, may, in cass powa c :c t.
of einergency or for any reason which appears to him sufficient, by notice vcssds no1 tc
in writing, order the - aster or owner or agent of dny sea going vessel not zBn:z :t;yid0
to bring such vessel alongside of, or to remove such vessel from any dock, ,,!,-,,, ,, f,,,
berth, wharf, quay, stage, jetty, pier or place of anchorage belonging to or docks, wba~rer.
under the control of the Board and if, such notice is not complied with, the
Board may charge in rospect of such vessel such sum as it thinks fit, not
exceeding one thousand rupees for each day or po~tion of such day, during
which such vessel remains at such dock, berth, wharf, quay, stage, jetty, I
pier or place of anchorage :
Provided that in the case of a vessel ordered to be removed, such
charg:: .,hall not commenae to be made till ~fter the expiry of twelve hours
fro111 the service of such notice on the master or owner or agent of the vessel.
30. tdotwithstanding anything contained in section 27. of 28, the Govern- p,rwel of
meat may, if in their opinion, it is necessary in the pubh Interest SO to do merit to exempt
by general or special order, from time to time, prmit oertain spified vessels wswk from
or cla~ses of vessels to discharge or ship goods or oartain specified) goods or obligation wharvu~, etc;. tc
Soar& to
declare when
vessels other
than sea going
vessels
compelled to
use dock,
wharves, etc.
of gu,;ds at such place in a port or within th; port :tppra.~cnc,. iii ..!!:i? ;1?.1:1i!t:!.
during suL,, F2:,,2d uud subject to such payments lv ;he 13~L!r~l ;.11t1 L I. 1.11 .,),!Li",~~:*
as ~;;,~~~;~:!l~:,t ati,! think fit.
51. ,*, ,;ll.:r. ally duci. berr!~, nh;;:'.qua.. sisge. jetty, vcr UP. :ICicc ut .,..~!lic;:.agc: . . :VL
receiving, lnlldiny or zhipmcnt of goods or passengers from oi. I!;;):, \ic,,.\.!, , ;I,:, ..<I,,,.~. .L:I
go,ng vcsscls, l,as becl, 'made atid completed with all prep-r ;ipp!iai;ct.~ I:; .. , :hs:.~r!f, . . i-,:
Dourc[ niay. aftel. c;bi;tininL the ~lpproval of the C'c~llccto~. <)I' c !I:,!, ,!:a >. I-> i I' , ,, , h:,:
in the Tanli! A;adci (;~vcft~tnen! Cazctte,-
, . ,.
lo) cleclaie th,!i such dock. b rth, wh.lri qu.i:, .I )pc . I ,
/ *
ancholage is ready fcr ~eceiving, landing or shipment ot roc~cl, 01 p.', , , , , ,
vzsscl not being jc2, ping vessels. and
(6) tlir;ct that, u~irhin certain limits to be sp..cified thereirt. il ihC~1! ;I.)! I:,: J;iu SI~!
wir!,out the zxpress sarrctfon of the Board, to land or ship aiiy 9ocdc. cii- !i.i\\.: iye:.s. oi,! >::
or into. any vessel, no: being sea going vessels of any class specifietl in :;~~i-h ~II-tic!-. , \c,~pi
at ,such dock. berth, wharf, quay. s:rge. jel.ly, pier or p1a:e of ;tnchoi,uge.
'(23 AS from the , ('at< of the publi~ati(lq cf tl~e cr,:er nlr:;tioncd 111 \ub- +i3
sectl~r. ,(I), it shall not be la~ful, without the col'lsel t t f ih~' Board.
for any vessel specified in sukseri)lonL (1)- I G e, . -
14'
(a) to land or ship any goods or passengers at any place within the
Iimtts s;g specified except at such dock, berth, wharf, quay, stage, jetty, pier
or ,place oS . anchorage. . and .
.* .
(b) while within such limits, to anchor, fasten or lie withill fifiy >:::&
oi the oreinary low-water mark.
(3) ]f, after the publication of such order, any such kessel, ancilols,
fastens or lies, ivithin the limts so specified, it shall be lawful fcr 111e Eoiird
to cause the same no be removed out of the said limits nr the cxpon5e of
the master or owner or agent of the vessel.
, .,c
32. (1) The Board shall have power lo undertake the following survices
*vices by
Board or otk namely :-
pwron. ' @) ~t~hedoring Innding, shippins or transh~pptng passecgels and
go+s be;tween vessels in port and the wharves, piers, quays cr docks belong-
ing to c: in the possession of the Board ;
(b) receiving, removing, shifting, transpor:ing, stcrir,g cir deliverjng
goods brought within the Board's premises ;
(c) carrying passengers within the limits of the port or port approaches,
by s,;c]~ means a:ld subject to such restrictions and conditions as the Government
may thifilc fi~ to impose ; and
(a, pilotmg, hauling, mooring, re mooring, hooking or measuring of
vessels or any other service in respect of vessels.
(2) The Bcasd may, if so iccpaslcsr by ih.: o+, fjel, t:.v.- ciLL , :- ,
$he goods for the prlrpost: cf perforlxil:g the servict 'L:.J \i,, !I .. 1 #:
in such form as t>e Board may zpecify.
(3) Notwith\:;tcdiiig i~nything cc,nt;lincd 611 Illis SCC-~C,:,. fhc 71 :,:d 11
authorise a1.y person to perform any jf the serv~ccs n~c:lcic,~~cd 111 , ! I
Secticil (1) on such terms ard conditio:~ as rnav be agleed upon. !
'1
(4) No purson authorissd ur?v .?\h-secticxn (3) shall charge or recover
for such service any sum in excess of the amounl 1ovinLie according to tit2
mle framed under secuons .Ti. 3%. or 40.
-- a I
TA TtlIL NADU GOVFRh MEhT GAZETTE EXI'RA0RDlNAR.Y
' ' -. .* .. v. - 2 - - .,
(5) Any such person shall, if so required by the owner, perform in respect
of the goods any of the services and for that pqose take charge of the goods
and give a receipt. in such~form as the Board may sgecify.
(6) The responsibility of any such person for the l.oss, destruction or deteri-
oration of goods of which he has \taken charge. shall, sgbject .to the other provi-
runrsl IX of sions of this Act, be that of a bail- under *$ions 151,152 and 161 of tho '
1872. Indian Contract Act, 1872. . 8
(7) After any goods has been taken charge of and a receipt given for them
under this section, any liability fdr any loss .or damage qhicb may occv to, them
shall attach to the person to whom a receipt has been given or to the.,n,laster or
owner of tbe vessel from which the goods have been .landed for trans-. . 5
I
33. (1) Subject to the provisious of this Act, thc responsibility of the Board ~~~~~~~~
for the loss, destruction or deterioration of gooJs of which it.1las tzken charge ttrc..or
shall,- goods.
(11) 111 rne case of goods rlccned for cxriage by railway, be governed
by ;lie pruvisions of the RailwcLys Act. 1989; and
(b) in other cases, be that of a bailee under sections 151, 152 and 161
of the Indian Contract Act, 18'72, as if the woxs " in the absence of any spc cia1
contract" in section 152 of that Act had been omitted :
Provided that no responsibility. under this section shall attach to the ~oird -
(;) ur.:~l a rrs-.;pt mentioned in sub-sectiox~ (2) of section 32 is given by the
Board ; and
(ii) after the expiry of such period as may be prescribed by regulations
froin the date. cf taking charge of such goods by the Board.
(2) rhe Board shall !lot be in any way ~.csponsib!e for the loss, destruclicn
or dzter:ci~ation ot, or damage to, the goods of which it has taken charge, un!ess
noticc oi such loss, destri~ction or deterioration of or damage has been given
witllin such penod as rrlay be prescribed by regulations n~rdc in :his behalf fro 3 ti~c
date of takilig charge of such goods by :he Roarii under sub-sectior? (2.) .->r
section 32.
34. (1) Wiicre the Collector ot Customs has, under th* provisions of any Accomodatio
Act for tile levy ot duties of customs, appointad any dock, berth, wharf, quay.
stage, jelty, pier. place of anchorage, warehouse or shed or a portion of ally,
warehouse or shed provided :ti any port' under the provisions of this Act for the
use of ss.:-goin'g ~~essels to be an approved place for the landing CL shipping
of goods or a warcho~lse fo-. the storing of dutiable goods on the first im-
portatroz r heresf &ithout payment oi duty, within the meaning of the first
nzentlol~ed Act, th:: $6wd shall set apart and maintain such place on 01 adjoining
suci? do&, ~vl1ar1, quay, stl~e, jetty, pier or a p!ace of anchorage or m :.uch warehouse
or shed or portion thereof, for the rtse 05 officers oi Custon~$ as may be necessary.
(2) Not:vithstanding that any dock, berth, wharf, quay, stage, jetty, pi-,
place of ancho:age, warehw~se or shed or portion thereof at any port has, under
the protisions at sub-section (I), been set apart for the use of )he officers of
Chstorns at the port, all rates and other charges payable under this Ac4 in respect
thereof, dr f-or the storage of gds therein, $hail be payable to the Bpard, or
to such person or persons as may be appointed by the Board'to redve the samp
35. (1) No person shnM make, erect or fix, W thin the limits of the port or pol; Power to p~
approaches, any whzrf, dock, qusiy, stage, jetty, pier, place of anchorage, wec- erection cf
tloil or lnooring or undertake any rec:arnatian of foreshore wlthln the said Pi'iVdiewhm
li:nitr rxcgt with the previ ,us permission in writing of the Board and sub.i,ject tu
- - ,- ,-. a - -.--- . -' 2~. 2 :k BLWS IGC-
22 TAMIL NADU GO\ ERN MENT GAZETTE EXTRAORDINARY
-- - --_I_.- -- -
(2) If ally person makes, erects or fixes ally wharf, dock, quay, slagc, jetty,
per, place of anchorage, erection or mooring or underta.kes reclamarioll of
foreshore in contravention of sub-section (I), the doard may, !q notlce, require
such person to remove it within ouch time as mExcerpt shown. Open the full act in Lexace.