Tamil nadu act 019 of 1975 : Indian Ports (Tamil Nadu Amendment) Act, 1975

Preamble

Indian Ports (Tamil Nadu Amendment) Act, 1975*

[Tamil Nadu Act No. 19 of 1975]*[7th July, 1975]

An Act further to amend the Indian Ports Act, 1908, in its application to the State of Tamil Nadu.

Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-sixth Year of the Republic of India as follows:-

* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 7th March, 1975, Part IV-Section 1, Page 55.

* Received the assent of the President on the 2nd July, 1975, first published in the Tamil Nadu Government Gazette Extraordinary on the 7th July, 1975 (Aani 23, Iratchasa (2006-Tiruvalluvar Aandu)).

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Indian Ports (Tamil Nadu Amendment) Act, 1975.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Definition

2. Definition.- In this Act "minor port" means any port not being-

(i) a major port as defined in the Indian Ports Act, 1908 (Central Act XV of 1908), or

(ii) the port of Tuticorin.

Section 3. Amendment of Central Act XV of 1908

3. Amendment of Central Act XV of 1908.- The provisions of sections 36, 37, 49 and 50 of the Indian ports Act, 1908 (Central Act XV of 1908) (hereinafter referred to as the principal Act), shall apply in relation to minor ports in the State of Tamil Nadu with the following modifications, namely:-

(1) for section 36, the following section shall be substituted, namely:-

"36. Power of Government to appoint officer or body of persons to receive port dues.-The State Government shall appoint some officer or body of persons at every port at which any dues, fees or other charges are authorised to be taken by or under this Act to receive the same. The amount so received shall be credited to the Consolidated Fund of the State.

(2) in section 37,-

(a) in sub-section (1), the portion beginning with the words "and thereupon all moneys" and ending with the words "any of the ports" shall be omitted;

(b) for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) Where ports are grouped by or under this Act, the State Government may exercise its authority under section 34 as regards all the ports in the group collectively or as regards any of them separately."

(3) in section 49,-

(a) in sub-section (1), the following sentence shall be added at the end, namely:-

"Such port dues shall be called hospital port dues.

(b) sub-section (2) shall be omitted;

(4) in section 50, sub-section (3) shall be omitted.

Section 4. Insertion of new section 50-A in Central Act XV of 1908

4. Insertion of new section 50-A in Central Act XV of 1908.- After section 50 of the principal Act, the following section shall be inserted, namely:-

"50-A. Abolition of port fund.-The port fund constituted under this Act for the ports (other than a major port or the port of Tuticorin) in the State of Tamil Nadu shall, on the commencement of the Indian Ports (Tamil Nadu Amendment) Act, 1975, stand abolished and the balances to the credit of the said fund at such commencement shall be credited to the Consolidated Fund of the State."

Section 5. [Repeal]

5. [Repeal].- 1[* * *]

1 The Tamil Nadu Minor Ports Fund Act, 1938 (Tamil Nadu Act XIX of 1938) is hereby repealed.