THE 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.
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Duties of Chairman.
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I 8 TAMIL NADU GOVERNMEN7 GAZEYTl 1 .A i 11P.(3111)1NA IP'Y
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17. Chief Executive Officer and other Officers and servant.; oi i h~a rd .
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 B o d
22. I
23. Procedure when immovable property cannot be acqurr~d by .LSI cement.
24. Excoution of coiitrirots and agrccm,:nts.
W O R B 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:
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27. Power of ~oard-to rder 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 p p n .
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 s d c a s .
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.
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-4 TAMIL NADIT nGOVERN.MEMT GAZETTE EXTRAORDINARY 8
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CHAPTER vo.
BORROWING POWERS OF BOARD.
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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 w e 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$m of d+dg , * w , . J t r . fund : . .
69. ExaminsltiOh of dhlbb$ f b d . 5 e - ~ b *
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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 . I 74. Application of momsin Cbh~iU kqmto . I 75. Pcrer to transfer moneys from account to &ecifie# '#$fiilatsr .I . , -*~ltoro* and vice versa. ). 76. Establishment of Reserve Fun&. , . :\
77. Pomr lo rest& b k ~ h r d sdcufili& tbr &5il1d's o m iliJt%i&ntl
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78. Prior sanction of Government to charge sxpen8itw ok ~ % d . . , . .
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I ?$.' '' Works requiring sandion of B O @ ~ plr ,Gow*nt.
go. Power of Chairman as to excCntibn bf Works. '
r l . Power of Board to compound or compromise &mr, .
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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.
O W E K 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. P m n s employed under this Act to be public servants for certain purposes. Penalty for contravention of sections 27, 28, 29 and 30,
'Penalty for setting U p 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 ~ c t to air cnA.
Powa to remove diflcujties. Repeal and saving:
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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 1 9 ~ 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 b f ~ u c h 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 A d app P% 'es on the date of t b 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 0 t h 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, - .
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(4 Y.ppointd by' ' in rolatiea to aay minor pert aea~~~;fSu:~'Uay o wN& this Act is made qplionMt te that pert ; . .:
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! 0) "Boardq* mans the Tamil Naau Maritime ~ o a d eaObli&ad uadw ~ B B 3;
I (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 5 2 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 " l n ~ l k , wharlage.rights and rY other rigl~~. e - k b k on, eves or in rsspeetd, WIW,, wBa;f, dook or $W :& g , ,
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5 2 - .---. . TAMIL NADU GOVERNMENI' GAZETTE EXTRAORDINARY
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(I) "Indian P ~ t s Act" means the Indian Ports Act, 19(?; Qkatra8 ~ c t xv
M8.
(m) "Land" includes the bed of sea or river below iligil water w k
and also things attached to the earth or per~nane~~tl> f?.stened to an* attaahed to the earth ;
(n) "Low water mark" in relation to a port inzans a line drawn through the lowest points reached by ordinary spring tides at ally semon ot the year at that port ;*
(0) " master " in relation to any vessel or craft ~nakil~g use of any minor port means, ally pcrson .having, for the time b~:ing, the charge or control of such vessel or craft,. as ]he ,ca may be, except a pilot, harbour master, dock master, or berthii$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, i . . (ii) io relation to any vfssel or crgt making uw o f any k t , in&ihes
any p ~ r t o m r , charterer, consignee or mortgagee in possession thereof ;.
(8) l6 pier ** jiocludes any stage, stain, landing place. k*fd irjtr, wg 3 i t r sf ' . l . : . .barge or psntoon and any bridges or other works connasbd therew!'i' !
i (t) "port" means any minor port to which 'this ~ c t zi>plie*ts -withie
, such -lla)sts .+l may, from time t~ .t& . bq . defin* by, the G o r a q t u d o r
the Indian Ports Act ; ". . - , .", I 1 , : i ,;, . -5 s .&. . , 8 . , ,>: ,; @ - " ;
I:.. (u) '' mrt a ~ p r w ~ h - " in rei@j~n . to a Bqrt ma s t h . 0 ~ ~ p q t s of the mvigable rivers and cha~lnels leading to the port in wkch the ,Pa@ Act i s in force ;.,
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(v) " Prescribed " means prescribed by rules or regulations made under
this Aat ;s
@) '* pubiis. securities " means- (3 +omirory dotes. . d e p n t h , 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
f u . 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 , ~ & l f of
p9y m\jOicipal body, Improvement Trust or Port Trdst under the a ~ t h $ ~ , of
any law for the time being in force in the c t ~ t - !;rel~l.l;qg the Board securfiies) :
(x ) "rate" includes any toll, dl+e, rent, f e ~ 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 sweand any part of the lsuad 0 tore& thst laaY bk for 1bCd&'6t un~oii& gUb& or for the ern&-
S l l g t .
"$ radon or d&hdrkmoU l'k&@h ''a lW th *.Sing 6r ddjoihttg tbe
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I (1) ;is soon as ma9 $&tet ike $oi@eep&ne*ht bf ithi A& the 60 em-
a m t 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; a B 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 p l w as tho G c v m m t
,a, t y no aiitfoii, tlikct: I ; I . ,
r *'. ., t .L. 'A! ; , t', . ., . ; * * , - .. . -I . * 8 " . > A i
1 . ' ~ 1 5 't'@ ,~diir+l s&ll consist ofl,tan .members, M o &al! ,b, by
' db9t2fimdt; as foilbws, AarnelY :- - * - , . A . . 5 L . ~ . -
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) dhmiiibpr 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 h n of such matters ; -- -
6' 9 % 6 " > ' d I . I - ,!+A .
s i t .4$j&*~
(d) one member who possesses a d e d k .q&ficadm ia .% &&&. .IYJt*sr h at. engineering , . and has wide experience of mattep relating to Barbour work;
1 . ' j 1 4 kt,$,? , - df4. .a.i , * r
(c) one member who lo Charmed ~mounta;; or who p ~ a g a high
amclemio qualificafion iqlAooountanp' apd. wh 9 s suffici9t expe~@~ce in aacounts
pertaining to indoshy; '&mihem, pdtt) '&' &qy& :. % 7 .,.+,
onb member reprcsentmg Ihg i&t&ia Li ?l&, & A and idusp~.y ;
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1'3.Cl .. . .%.. 1 " L . * ,,,, , 1 i :
(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. I t .O f Q The Government slx~ll ? int dk .d thd m d r k 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. ,
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4. *r n &all be dirqlua I' fed f&'6%&1 a b i ni&d, t(k k d&&%k b# a rambet. o the Board, if he- > ' . L C , ". : . ,
t 1 8 114 :il,I:Fi aaj wpm d o e i or d l r h i s ~ ~ 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 m n m l l d by 11ic.Central Goi&n-t or by any State Govcr~t~~cnt ; + > . . . A . -.... "
(b) hns bet* convicted and Lntcncsd to i n - m t for =i &&ce lfivohring mord turphud6 ; or . s 7 . .
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M?' I'AML NADU GOVER.NMENT GAZETTE EXTRAORDINARY - -- - .- -.- -- - " _ M . 1 1
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(d) has directly or inclirectly any share or interest i n :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, e x h n j p or purclram
ef h i m a h property or any agmment for the fame ; or
(v) having a sham or intarust in any lioenca i d by the Board or cigttt by -t or otherwise with t b 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 v a h 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
8 f a & f m a r n d mramdnl member shall hold office for a pr iq fo f two years.
1Iyk.. ckcrtbo af 6. (I) Tht Govss~~U~mt ay ranova a manbar includiiag the Chairman, whe * d m i , n e t ~ ~ i o l &'tbEloruJ,ifhrr
Ce) Cgcam snbjwt t s 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, b m e 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 w i n s 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
f h a r d 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.
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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.
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(2) Any ca sd vacancy in the office of a member af the Board &ail be f i l l , , as ea~ly as possible, after the occurrence of such vacancy :
+' I , . ,, '.
Provided that where any casual vacancy occurs in the o h ox any such
mt~lber within three months preceding the date on which the tar111 of the of6.a o f ~ ~ ~ ~ d e r S t c t i O n S , y i t s h s t t n o t B e l l l a i 3 .
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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 ~ t s e n d e 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.
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(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.
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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, - --, x o t vote or take part 1~ BEY proceeding of the Board or: any committee relating to such mattel.
14. No ~ c t 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 a f f d n g he l,,?, i i , .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, n a y 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 i n
o@am and ' ci qil works, operation and administration of ports, to be the Chief Executive Officer
m t s 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.
10
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 o f
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 r a w ,
21. As from the appointed day, all rates, fees, and other charges in relation rtc. t o 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 A C ~ I of 23. Any land or any interest thereig requirrd by the Board for the PUrpOW ~ ~ ~ ~ a m a .
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 - 1 C ,f rl-rn P.rqrd
11
18 TAMIL KAdU GO~IERN!MENT CAZE'iTI: t:X r i (;~.ilji I'~, .I<Y
.rrrr-- ,* . r -...-- * , ... -- -". - - - - -- -- - -- - - -
25. (1) T71c BDLI .-? in ly , subject to any o h *r I.: v f a: 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 > C G i > j . b ' j ; *
(b) buses, l?corIrtives, rolling stock sheds, hotels, warehouses and other accommodation ".r passengers and goods and other applizucz~ far c a q m g 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 b e y o n t ~ s e limits, whether in territorial waters or otherwise, for tho ~ p q o s e of .toying or rendering assistance to any vessel,
Whether enteiing or l e a p g t h e port br bound elsewhere and for the p q o s e of saJibg or protecting lffe or property and for the ~7 of landing, sh~pping o r transhipping passengers or goods under section 3
of ~ b o ~ a . : - C Q U ~ ~ ~ W , miuntenance and use of boats, b$\z%t other a r n I i p n 3 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 h r k s or services, on such terms and conditions
etain norkb. as may be agreed upon between the Board apd the persons concerned. --,J
12
I TAMIL NADU GOVERNMENT GAZETTE EXTRAORDlhARY 19
1 , --- -. . -- ----
(2) The ~ o a r d 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 ~ c t 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 c o m t i v e 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 m y . 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 w i t h 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 ~ f t e r 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
13
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,. i i i ..!!:i? ;1?.1:1i!t:!. during suL,, F2:,,2d uud subject to such payments lv ;he 1 3 ~ 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,: , ..
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 ( ; ~ v c f t ~ t n e n ! 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, 0 1 p.' , , , , , , vzsscl not being jc2, p i n g vessels. and
( 6 ) tlir;ct that, u~irhin certain limits to be sp..cified thereirt. il ihC~1! ; I . ) ! I:,: J ; i u S I ~ ! wir!,out the zxpress sarrctfon of the Board, to land or ship aiiy 9ocdc. ci i - !i.i\\.: iye:.s. oi,! >:
or into. any vessel, no: being sea going vessels of any class specifietl i n : ;~~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 t l ~ e cr,:er nlr:;tioncd 111 \ub-+i3 sectl~r. ,(I), it shall not be la~ful , without the col'lsel t t f i h ~ ' Board. for any vessel specified in sukseri)lonL (1)- I G e, . -
1 4 '
(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, i t 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 o t k 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 f i ~ 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 t i t 2 mle framed under secuons .Ti. 3%. or 40.
14
-- 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 p q o s e 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. ( 1 1 ) 111 rne case of goods rlccned for cxriage by railway, be governed by ;lie pruvisions of the RailwcLys A c t . 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 ~ o i r d - (;) 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 t i~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 : t i 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, s t l ~ 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 g d s 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 r x c g t with the previ ,us permission in writing of the Board and sub.i,ject tu
- - ,- ,-. a - -.--- . -' 2 ~ . 2 :k BLWS IGC-
15
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 may be specifier1 111 the notlce and if the person fails to remove it, the Board may cause ~t to be removed a: the .rpense of that person.
G ornwosatiom. 36. (1) Where, as a result of an order pablisiled under s c c ~ ~ o ~ l '8, c.1 ,zcllon 31, the use of any wharf, dock, berth, quay, stags, jetty, pier or pLace of d o r a g e , made, fixed o erccted by any person is rendored unlamful, ~ l l e Board may, after hearing the per,on cdncerned by order, close, remove, fill up or destroy such wharf, dock, ber~h, quay, stage, ptty, pier or place of ancho- rage or prrnit the use therzof to such person on payment of such rates and oharges as the Board may, with the previous saltction of the Government, deter- mine.
(2) Save as otherwise provided under sub-section (3), no person shall be - entitled to claim compensation for any injury, damage or loss caused or alleged t e have been caused by an order made under sub-section (1).
(3) If ~t is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty, pier or place of anchorage was made, f w d I u ereoted by any person ~ i t b the previous permicsion of the author~ty competent to grant such permission, he shall be paid by the Board compensation of the amount which shall be determined in the manner and in accordance with the principles hereafter set out, that is to say--
(a) in computing the compensation, there shall not be taken into account
aay rates or other charges which such person shall be liable to pay for using any wharf, dock, berth, quay, stage, jetty, pier or place of anchorage, provided by the Board;
(b) the a mount of compensation shall be calculated with reference to the o s t of construction of such ~ h a r f , dock, berth, quay, stage, jetty, PIC, or place of
i
amdorage ; i
(0) where the amount of compensation can be fixed by agrcement, it shdl be pald in accordance with such agreement ;
( d ) where IN such agreement can be reached, the Government shall appoin~ as arbitrator, a person who is, or has been, or is, qualified for appointment as a Judge of a High Court ;
(e) the Governmelit may, iil any particular case, nominate a person possessing special knowledge of any matter relating to any case under inquiry to assist the arbitrator in determining any aue;tion which has to be decided by him under this section, and where such nomination is mzde, the person to be compensated may also llornir~ate an assessor for the same purpose ; (f') at the comme.1cement of the proceeding before the arb~trator, the Board and the person to be compensated sh;: state what in their respective opinion is a fair amount of oompensation ;
(g) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persans to whom such compensation shall be paid ;
(h) where there is a dispute as to the person or persons who are entitled
ta tbe compensation, the arbitrator shall decide such dispcte and if the arbitrator finds that more persons than one are entitlsd to compensation, shall appo;tien the amount thereof among such persons;
(i) nothi- in the Arbitration Act, 1940 shall appb to arbitrations fz%le~ct X
vnda this s d o a 3
16
e"
II
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 23
C - - -
(j) the arbitrator app~inted under this section, while holding arbitra-
~ M V tion proceedings u.-d*zr this Act, shall have all tho pJwers of a Civil Court lm. while trying a suit under the C3d.3 of Civil Procedure, 1938, in resp:ct of the following matters, namely :-
(i) qummoning and enforcing tht; attendznce of any person and 'exami- ning him on oath;
(ii) requiring the discovery and production of documents;
(iii) receiving evidence on 18tidavits ;
(iv) issu~ng commissions for examination of witnesses or dacume*ts.
(4) Every award shall also state the amount of costs incurred in the arbitration p r o d i n g s und.=r this section and by what p:rsons and in what propor- tions they are to be paid.
(5) Any parson aggrieved by an award of the arbitrator made under this section mly, within thirty days from the date of the award, prefer an appeal to the High Cnllrt within whose jurisdiction the p x t is situated :
Provided that the Higb C o ~ r t may entertain the appeal after the expiry of the said. p:riod of tbirty days if it is satisfied that tho appellant was prevented by
sufficient cause from filing the app3al in time.
17
24 T-f '- TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - ---41
.-- - --- -- -
CHAPTER VI.
IMPOSITION AND RECOVERY OF RATES AT PORTS. 1.
W r o f n t & 37. (I) The Board shall, frcm i.ime to t i re , frame a scale of rates at wbich and a statement of the conditions nr.der which any of the st:rvices specified her&-
under shall be erfc rmed by itself or any perscn authcriscd urder secticn 32 at or i in relation to t e port or port zpproacbes-
(a) transhipping of passergers cr got ds between \essels in the port cr port approaches ;
(b) srevedoring, landing ard shipping of pawngers or goods from or to sucb vessels, to 01 from any wharf, quay, jetty, pier, dock, berth, nlooring
stage, or erection, land or buileing in the possession or occupation of the Board or at any place wilhin the limits of the port or port approaches;
(c) cranzge or porterage of gocds on any sucb place ; I
(d) wharkage, storage or demurrage of gocds on any such place ; "
39
@ (e) any other service in respect of vessels, passengers or goods excop- ting the services i e respect of vessels for which fees are chargeable under the I ~ d i a n Ports Act.
(2) Diiferent scale of rates and conditions may be framed for different classes of goods and vessels and lor difl'crcnt ports.
; Y e a h of rates 38. (1) The Bcard shall, frcm t ~ m e to time, also irame a scale of rates on p ~ y - uxl condition ment of which, and a statement of conditions under which, any property belonging
fix ure of to, or in the possession or occupation of, tht Board or any place within the limits
EZ? Of ~f the port or port approaches may be used for the pLrposes specified hereunder :- ~9 r
(a) approaching or lying at or alongside any buoy, mooring, wharf,
quay, pi%, dock,, land, building or place as idoresaid by vessels ;
(b) entering upon or plying for hire at or any wharf, quay, pier, dock, land, building, road, bridge, approach or place as aforesaid by animals or vehicles carrying passengers or goods;
(c') leasing of land or sheds by owners of goods imported or intended for export or by steamer agent;
(d ) any other use of any land, building, works, vessels cr appliances belonging to or provided by the Board.
(2) Different scale of rates and conditions may be framed for different classes of goods and vessels and for different ports.
Rate for 39. The Board may, from time to time, frame a consolidated scale of rates
~ornbinatio~ for any combination of #he services specified in section 37 or for any combination of ~avicc8. of such service or services with any user or permission to use any property belon- ging to or in the possession or occupation of the Bcard, as specified in section 38.
Concaaona 40. In framing scales ni rates under any of the foregoing provisions of this
sat.s. Chapter, the Board may prescribe a lower rzte in respect of-
I
I (a) cAasta1 goods, that is to say, goods other than imported goods as defined Cenua,
in the Customs A%t, 1962, carried in a vessel from one Indian Port to another A,., 2 Gr
Indian Port :
1 1962. .
I
Provided that the Board shall not make any discrimination between one Jnjlan Port and one another such port in prescribing a lower rate under this seotion;
t ..,
b"
(b) other goods in special cases. - -
7
,-
VERi4 MEFIT GA. ZETTE EXTP,AORDINAR~ - -- -- -
41. Every scale of rates and every sf;~ferrent of conditions framed by the Board Prior saoc
ulldar the foregoing provisions of this Chapter zkc I'r Le sulxktcd to tl,e Government 0fGovernl
for sanction 23d shdl hrve effect when so sa~ictioned 2nd published by the Board ~ ~ ~ $ o ~ ~ .
in the 7nnlfl Nadu Government Gn;rtre.
42. (1) Whenever the Government c~nsider it necess?.ry in :I. public inter-:: poWot
so to c'o, they m y , by order in writing togetl-er wit11 a .*.tement of reasons therefor, Governmen
direct the Boa1.d to cancel any ~f the scales in fcrce or rncd~ly the same within sueh resujre
period as the Government may specify in the order. rnodlficatior Cancellation
(2) If the Board to whorrr a direction is given under sub-section (1) fails or of rates.
neglects to comply with such direction within the specified pericd. the Government es or make such modifications therein 2s they may think
Pravided that before so cancelling or modifying any scale, the Government shall consider any objectio~i or suggestion which nlay be made by the Board during the specified pcri -d.
(3) When, in pursuallce ot this section, any of the scales has been cancelled or modifrcd, such cancellation or modification shall be published by the Govern- ment in the Tamil Nadu Governrn~nt Gazette, and sball, thereupon, have effect accordingly. I
43. The Board may, i n special cases, and for reasons to be recorded in ' writing, excinpt, either urho!ly or partly, any gcods, vehicles, or vessels or class of Rer.ission o f
goods, vei~icles, or vessels from the payment of any rate or of any charge leviable in ~ ~ ~ ' g ~ ~ ,
respect thereof according to any scale of rates in force under this Act or remit the whole or any portion ef such rzte or charge so levied.
44. No person shall be entitled to refund of err overcharge made by the, Board unless his claim to the refund has been preferred, in writing, by him or on his Rebd of ov
behalf to the Board within six months from the dz.te of paynent duly supported by
a11 original relevant documents :
Provic'ed that the Board may, of its own motion, remit overcharges rade in its bills at any time.
45. (1) When the Boarc! is s~~tisfied that any charge leviable under this Chapter Notice of
has been s i ~ o r ~ leviect UL. LI I or t~t~l(bly rei~mded, it m2.y issue a notice to the person who p W y m charges short is liable to pay suoh charge or to whom the refund has erroneously beein rn%de,.re- levied or
quiring him to show cause why he should not pay the amount specified in the notlce: erroneously refunded.
Provideti that no suoh notiae shall be issued after the expiry of three years-
(a) when the charge is short levied, from the date of the payment of the
(b) wkere a charge has been erroneousIy refunded, from the date of the refund.
(2) The Board may after conside!ring the representation, if any, made by the person to whoh notice is issued uirddf sub-scction fl), determi~e the amount due from such person and thereupon SUCH person shall pay the amount so determirled.
46. Rates in respect of goodd to be landed sht?:ll be payable immcdistsl~ On the T i e for
landing of the goods and rates in respect of gocds to be mmo~ed from the premisas p a ~ e P I * of
of the Board or to be shipped for export or to be transhipped shall be payable before the goods are removed, s h i w or transhipped.
47.(1) For the amount of all rates leviable by the Board under this Act in respect ~oard's lien of any goods and for the rent due to the Boarc for' any,building, pUntb, stackrng forrates*
areas or other premises on or in *hi~li. dnj gocds may have beea placed, theiB0ard shall have a lien on such gocds and may seize and detain the same until ,such
ratts and rents are fully paid.
(2) &I& lien shall have pridrityl over all other liens a n d - d d s , ~ ~ e p b ' for general awkpt and for the ship ownerfs lien upon the said gadds for f.el&t and other chargk whuo such iiea exists' aiilarW been p r e s ~ c d in the manner plbvided
19
26 TAMIL NADTJ GOVERN !'dENT GAZETTE EXT RAOR I>[ NARY .. ---- - .-. ", --- - - - .- - -- -- ----- I-
I in slb-sezion (1) of $3: i3n 4 { ald far m71ey p tyd'~lc t~ th~: C: , l t r~l G~vur~.ment undx aily law f,r rha: ?Ira: b:i.~-, I I f*>ic>, rolat.inz 7 I c?lflorn\ other ti12 7 by way of p:t.ilijr 3; 5 1.: .LP~ 1.3 ~11: G~v.cc.I.I~:.I~ L ,ld:r ally id\$ f ~ r tip: tlm: b;: ' force.
I
Sbip owner's 13. (1) If th: inlsto: 3. o\ u l ~ r 3f 3x7 1,:uel 3r l i , ag:?: st or li):;)il> ~!13 tillle
Uen for of land~ilg from s3;:~ v<:;,.;~:ls n.ld s j ~ I - 1 , 1' J~ly d,ck, vI1-~rf, q L~J,s a;:, i t-i, b~rth,
freight and ' ' m> .iilg ar piar b:l3.1:i1g :,I , . 1.1 3s: ~pltion or" ill: 333rd gtvo\ : i l t : Ba rd a
other charges. noticc in wr~ii,lg t i r ~ ~ t sv.~cj ~ ~ o d , arc (3 i:mlin s L 3j:c; LO ii itcrl F); i';:cglli or othi:r ci1lr.g:~ p ry~b!; . J rr: ;:l~p aw.l.:r, t 3 ail n i l 3.1 ~t LJ b; 1112 l i 15il:J 111 SLLC~I notice, s.~c!l g ~ ~ d , 5.1111 c~.ltl.l&: L; b.: liable t:, s ~ z h 112~1 [a s.id . L I ~ r.~.lt. Sale of goode
after two
mmths if rates
or rent are not
paid or lien for
keI&h&;$t
(2) Th.: zmds shall b: iatained in the c~rtc. dy ot the Baar : at tlv: risk
and expe I.+: $)f .;P: o v . l ~ , of 1Ir: g33di L L ; I ~ I! .; 121 I 3.1 is ' iwli : .g:.:d l., !I ' . i ufter m~:ntioncd '11.d 2 d )V,II a , d .i.~r,Lg: r~ i l t siubll b,; p ~ y ~ ~ b l l : y 111: l~. t r ty c 1titl:d to aucb goods for the ti~llc d iring wllicil tllcy may bi: s~ rc~ainc~'.
(3) Upm tb: p: rd tion on baf~re any officer ~pp~i .~ied by llle f% ):lrd in that k,o:%alf of a d>c.a~i~, p ti.p~r;ing to a receipt foi, or rebase fioln, tho am3Unt of S~C!I ' exccutd by tb: p:.-s31t by whom or an w i ~ s e be!~dlf SJG!~ ,lJticr: ~LTS been glven, the Board may p:mlit such goods to be ro rn~v~d u ithout rcglrd to such lien, provided that ;he Board s'lall have used ~easo.lable carc 1 s resp:ct of the a;Al~e.~:icity of sac11 dxum:.lt.
49. (I) Til? 13 ~1 111 ~j, L:f -r '11: :~p;!+y of tw I 111 )IIL:,S fr,,i.l 111.: linll: when any g3ad~ 11.1~~ p ~,,:,1 1 1. , ' \ , i ~,ijd;, i l l ~111 c;! ,C ;i:ii II IAI , JII~~ PC!idlable or h ~ a r d xis g,3cl, .lf *:i "1: ,:x21:-y of S I ~ C ; ~ stz-iter p:riod not bing less than twenty four h~urs , afi1:r the l.l;zJi,ig uf the animq.1~ 01. good, as th~Board may think
fit, sell by nlblic asction or in such cases as thc B m d cancidcrs it necexiry ,o to do, for reas )ns to be rocal-dcd In writing, sell by . o t~d~i , piivaio agraclnent or in , any other manner suc11 goods Qr so m1jch there~f as in tile opini~n of th.: Board ; may be n-sry-
!
(a) if any rates payable to the Board in respect of such podshavc not
been paid, or
(b) if a ty rszt plyal,la to the Board i : ~ resp:ct (3f any place sn or in which such gmds have been stored has not bosn paid, or . --
(c) if any lien of any shi owner for freight or other charges of which
notice has b,aa given has not been &charged and if the p:rsDo claimin2 such lien
for freight or oth4x charg~s has made to the B33rd an applimtion for such sale.
(2) Before m~king sllch sala, the B ~ a r d sh311 giv: tan d.iys nstice of the qalne by publiaation thereof in the Tanzll Nadu GovernmL*nt Gazette ?:~d a133 io atl53it O ; L ~ of the prinoipal local daily news papars :
Provided that i i l tha oase of animals and p,cishablo or hazardous goods, tha Board may give such short€ r notice and in such manner as, in the opiaion of the Board, the urgency of tha case admits of.
(3) If the address of t110 owner of tha gooa.is ]la$ b ~ a n stated in tha m~nifest of the goods or in any of l;ha do~utneilts which havc oolna into ths possession of the Board or is otherwise known, n3tice shall also be givea to him b.1 latter delivered at suoh address or sent by pmt but the title of a Irma f lde purcha5:r of such goods shall not bp: invalidated by reason of the omissio~l to sand such notice, nor shall any suoh purchaser be bound to inquire whether suc:~ notice has b:el~ sent.
(4) Notwithstanding anything contained in this seation, controlled goodo
may ba sold at such time and in such manner as the Governmat may diicot.
20
.- . . .L ..,. Provided thlt where all the rates and charges payable under this ~ c t in respaat of any such g o ~ d s h%ve 533l paid, no notice of removal shall be so served or published under this s!15 sXtio?l unless two months hav:: expired from the date Jn which goods ware plsaed in the custody of the Board.
(2) The notice referred to in sub-seation (1) may also be served on the agents . of the vessel by which such goods ware landed. 1
(3) If such owner or person does not comply with the requisition in the notice servedU~O?him or publis4ed under sub-section (I), the Board may, at any time af~er the expiration of tw3 months from the date of which such goods were placed in its custody, sell thz goods by public auction, or, in such cases as the Board considers it necessary su todu, for reasons to be recorded in writiag sell by tender, private agreement or in any other manner such goods or so much thereof in the optniioa of the Board may be necessary after giving notice of the sale in the manner specif&+ in sub-sections (2) and (3) of section 49.
(4) ~ottvithrtaading arrything oontained in sub-section (1) or sub-section
a
(a) the h a r d may in the case of animals an 1 perishable or hazardous goods give noticz or removal of such goods alth~ugh the p :riod of one month or as the case may be, of t ~ o mnths spesificd in sub-section (1) has not expired or give such shorter notice of sale in such manner as in the opinion of the Board the urgency of thp case
(b) corltrolled goods may be sold in accordance with the provisions of sub- section (4) of section 49.
(5) The Government may, i f they deem neoeasary so to do in the public interest, by notification, exempt any goods or classes of goods from the operation
of this section.
5 1. (1) Th: p p~ceeds of every sale under secion 49 or section 50 shall be applied $':I= in the follow~i~g ordzr, namaly :-
(a) in payment of the expenses < ~ f the sale ;
(b) in pryn:.t:, s:s3rdi.~g to th:ir re;p:2iiva prioritias, of the liens and claim; ox:;ap:e3 in sub section (2) of ssction 47 from the priority of the lien of the Bosrd ;
(c) i l l ~ ~ y . a : l t 3f :!13 i-3:~~ and exp:n .: of iaild.i,lg, removing, storing orI ~nre:l,aj~il; ih: s m : , a2 1 or'sll Xher chargss dge to the B ~ d r d in respect thereof ihduc'lng dam~rrage (othsr thln the psnal asmurrage) payable ln respect of shch goods 12; J p:rlod of four msntbs from the dste of landing ;
( d ) in payment of any penalty or fine due to the Central Government uader any law f ~ r 'the time being in force relating to c~~s toms ;
(c) in payment of any otner sum due to the Board. (a he surplus. if any, shall be psid to the imp2rter, owner or consignee the goods or t o his agent, on an application made by him in this behalf within
s:u ~,,,..~ths from the date of the sale of the goods.
{ I ) Whero no app1i:ation has been mad3 under sub-section (2), the surplus %hall be app!i.d by tlie B~ard for purposes oi this Act.
52. (!) :f tile master of any vessel in resp;ot of which any rates or penalties rzs O'
are pAyabls u n d ~ r his Act, OL undar any roguiall~ns or orders made in pursuance trg
therS9f, rd:loesne&x~s io pay the sam: ol any p r t thareof on demand, the dlstramtof vedlcb.
L
21
P-""
28 TAMIL . . W L - G0L-E TTE EXTRAORDINARY -
C __ --.. * -_ -_ -. . - - ^ __-_- - - - - - - - - --
Grant of port dearam alter
I mymcatof
I mta. nalhation of
I dsmapcs, etc,
Boaxd may, distrain or arrest such vessel and the tackle, apparel and furnit1 1e
beloriging thereto or any part thereof and detain the same until the amount d
c'ud"to'the Board together with such furthia.amoont, as may accrue for any period during which the vessel js under dihtrai'nt or arrest, is paid.
,
(2) In cast, any part of the said rates or penalties or of the cost of the distrain or arrest or the keeping of the same, remains uapaid for a period of five days next
aft? any such distrcin or iirrest has been so made, the Board may cause the vessel or other thing so distrained or arrested to be sold and with the proceeds of suah sale, shall satisfy such rates or penalti$ and costs,including the cost of sale remaining unpad, rendering the surplus (if any), to the master of such vessel, on demand. ' '
53. If the Board gives to the officer of the Central Government whose duty is to grant the port clearance to any vessel at the port, a notice stating-
(a) that an amount specifledtherein is due in respect of rates, fines, perallics or expenses chargeable under this Act or under any :rgulations or orders made in pursuance thereof, against n ~ c h vessel 'or by the owner or master of such vessel in respect thereof, or against or in respect of any gocds on board sucli vessel ; or
(b) that an amount specified thereinis due in respeat of any dzmage referred to in section 100 and such amount togethe1 with the cost of the prcceedings, for the recovery thereof before a Magistrate under that section has not been realised, su& o$cer shall not grant such port clearan? until the amcunt so chargeable or due
hils been paid, or, as the case may be, the damage and cost have been realised.
22
--
D7J GOVERNMENT GAZETTE EXTRAORDINARY
- .
CHAPTER Y:I.
BORROWIR'G POWERS UJ! LGAKI;.
.,
24. (I) The Boald may raise loans with the previous sancti~n ;f ihc Gcl.er%- Power torairez
inent on such terms and conditions a% may be p~escribed by the Government for bans-
the phrposes of this Acr.
(2) Loans may be raised by the Board in thc ( per! market on Board securities issued byitor may be obtained ~ io i :~ the Governnlen~ or any Bank or any iinancial institutions like All Icdia hnzncial Coi porations and State Finance Colporations approved by the Government.
(3) Ths terms of ail loans shall be subject to the approval of the Government. 55.(1) The Board may, with the sanction of the Go- --'nrnent, prescribe the Boara
form in which the securities of the Bbard sh'a1.1 be issued by the BoL.rd and the mode securities.
in which, and the con"itions subject to which, they may be transferred.
(2) The holder of any Eoard security in any form may obtain in exchange therefor, upon sdch terms as tlie Board may, from time to time, determine a Board secukity in other form prescribed by rdgulations.
(3) The rigbt to sue in respect of money secured by the Board securities shall' be exercisable by the holders thereof for the time being without preference in r&mt
.of prior'?ty of d&e.
Central Act IX of 56. (1) hotwithstanding anything contained in section 45 of the Indian ~ont'ract Right ofjoin Act, 1872- or several payees of
(a) when the Board security is payable to two or moie p w n s jqinqy securities.
an6 either or any of them dies, the Board security shslll be payable to the survivors
of those persons, and I
(b) when any such security is payable to two o; more persons severally and all or any of them dies, the security shall be payable to the survivor or $qrvivors of those persons or to the rev1 esentatives M the deceased or to any of them.
(2; This section Bs 11 apply whether such death occurred 'or occurs before or after the ~ppointed day.
(3) Nothing herein contained shtill affect any claim which any representative of a deceased person may have againathe survivor or survivors under of in respect of any seourity to which s3bsection (1) applies.
I . <
(4) For the purposes of this seqtion, a body ir.corporitte~ or deemed to be
(Lntral I or inc01~0ratCd under the Companies Act, 1956. ,Cr tht~ Timi! ~ a d u Co-operative
1956. Societies Act, 1983 or any other enactmeut for the tlme being is 'fvrcz. whether
~~~~l Nadu 30 within: or outside India, -h:'l '7- ~ ~ e ' d to ie when it is dissolvec!.
d 1983.
57. Where two or more persons are joint holders of any Board security, any Powm of one or ona of those persons may give 'an'effedtual receipt for any interest payable in rwo ,, ,mejoin,
respect of such security unless notice to the contrary has been given to the Board nolr~em to
by any other ho1d:r. grant receipts.
I 58. NotwitbstBndiqg anything in section 15 of the Negotiable Instruments E~Q~~" ,----fa\ Act XXV1 Act, 1881, no en'clorsement 'i3f a Board Wufify which 'is transferable by $endorse- to be made of 1881. merit shall be valid unless made by signature ot the holder inscribed on ths bck of rsefff surit~ the security itself.
59. Notwithstahding anything in the Negotiable ~nstrtime~ts Act, 1881, ~ ~ d ~ ~ ~ ~ , , , Cantral Act XXV1 a person shall'not by reason only of .his Having. endorsed any Board, , secu& be security not,
liable to pay anv rrone) due either as principal or as interest thereunder. liable for ., - , , , amount thacot.
60. (1) The signature of the personiut~orised to sign Board 'securities on behalf ~ ~ ~ ~ ~ , ~ i ~ ~ of
of the Board ma} be printed, on~aveq or,lS;tbographed or impressed by such other signature on
maohanical process as the Board miQ dir e k on such'seckities. ¶ccudtia.
23
30 , TAM1 L NADU CIOVliRN MENT GAXKI'I I( IiX'I'I
(2) A s i g x ~ t u r ~ 5 3 p:i.lied, ongravei, litliogr.~phed or otlicrwisc i~nplzssed shall be as valid as iT it had bse~l iilsciibed in the proper ilaild wriiing u!' :le person so autliarisd.
h u e of 61. (1) W h s ~ any h a r d s:cuity is a lbgd to 11 iv,: 'o~v,i ldst or stolen 01 dcs
duplicate troyed, either wholly or in p lit,and a p:ison claims to be :lie person to wholn but
gmri t ia . for the loss or theft or dcstruc:ion it would be psyabl:., 11: may, 0.1 application lo the Board and on produciilg p:dof fa its sarisfdciion oT ihb lo>s .Jr ~it:it or d:,~ru~tioo and of ths genui~le,~ess oi' LU.: claim and on payment ji s ~ ~ c h fw,ii' any, a$ may be I prescribed by rsgolauons, obtai~l from the Board an 3rde: for-
(a) the payment ok interest in respect of t h ~ securlty said to be lost or stolen or d:stroyed, p:nding the issue of a d iplicatc sec ~ r i t y ;and t
(31 'h-: ~isilo of a d tp:ic.ttc s:curity plyLLble to tlie applicant.
C
(2) An order sball 1101 bc plssod under sub-s9:'ion (I) until attvr :he issdc by the Board of the natification of the loss or theft or d~->:iul;rion ill the n~anner pres- cribed by regulations.
(3) A list of s:s~:ities in mp:ct of whic: an %)id:: i i plssad 1ri1d:r silb.section
(I) shzll b: p :bli;h,>d 13 sdch m 11.1:r c r i ths B ~ d r d m.rj p:ojsiibi: by regulations.
(4) If, at any timo before the Board becorns discharsed uadcr the provisions of this Act from liability in resp::t of any security, ;he whole of which is allegca to have been lost or stolen or daitroyed, such security is found, any order passed in respsct thereof 1de1 this se-;tion shall be cancelled.
-
issue of 62. (1) The Board msy, subjcct to such condi ions as it may p~esc~i'oo, n the
converted, etc., application of a person cla~ming to be entitled to a !I3ard \cci~rity or ~ e r l r i t i e s issued
securities. by it,on being saiisfied of the ge~uinzness of the claim and 011 ddivcry sf tlic sscurity or securities receipted in such manner and on p3yrr~:nt of such fee, if zay, as it may prescribe, convert, consdidate 3r sub-divide thc sccdiity or securities, ar,diJsue to the applicant a nefi security or secur~ties accordingly.
(2) The conversion, coqsalidation or sub-d vision refers-d to in sub-section (1)-may be into seccrity or secl~rities of the same o: diffei.ent classes ur uf the same or ditferent loars.
63. Notwithstanding anyelring contained in the Indian Limitation Act, 1963-
Discharges in Central ACE 36 1 f
certain cases. 1963.
(i) on payment of the amaunt due on a Board security on or after the date on qhich payment becomes dus to, or
Seourit~fo loans taken t Born*:
(ii) when a duplicate sec~rity has k n issuec under section 61, or
(iii) wben a new security or securities has or have 'been issued upon conver- sion, consolidation or sub-division under section 62,
theBaard sliall b: di;llirz:-l >an 21 lia3ilitiej in respsci of the security izr securities so p ~ i d or in p l ~ c c of wliich a d kplicate or new secLlrity or sec~riiies has or have been issued .-
(a) in the case of payment, after the lapse of six years from the date on which payment was due;
(b) in the case of duplicate security after the lapse of six years from the date of the publication under sub-section (3) of section 61 of the 11 st in wbich the security is first mentioned or frorl the date of the last payment of interest on the original security, whichever date is later;
(c) in the case of a n&w security issued ilpon conversion, consolidation or sub-division, after a lapse of six years from the date of the issue thereof.
64. All loans raised by the Board ilnder this Act shall be a first charge on- .
(1) the propcrty vested or wbkF may, hereafter during the curiency of the
Iorns, bemme vested in the Board other. than-
(J) wny sum set a2art by the Board- \ ;: isthe sinking fuud forthe purpose of paying off any loan; or
24
. .
TA Ml L NADU GOVERNMENTGGAZETTE EXTRAORDINARY
- - - 31 -- - -
(ii) for the payment of pension to its employees; or (I,) the provident or psnsion fund established b l the Board; and
(2) the rates leviable by the Board under this Act.
65. Ths Government shall h a v ~ LL ivspect of loans made by it to the Buard the Remtdies ot
same remedies as h3ldcrs of Board securities issued by the Board; anc, the Govern- Governmenth
mcnt shall not be deemed to pwsess any prior or greater rights in respect of st~chloans IW=~ of 1oans
tila11 holders of such Yoard secl~rit ies: m: de to Board
Provided that when the telm; of any such Idan made before theappointed day expressly provide that the loan shall have,p;iqrity over aQ other loans In the matterI of repayment by the Board, such loan shall have priority.
I
66. The Board nay, with the previous sanction of the Government, apply any p,,, ,, sums out of mJneys which may come into i!s.bands under the ,~r~yisions of tbis Act Hoard 10
a~id which call be ho ~ppked Wlthot~t prejudlclng the hecurity of the other holders ~f "?"? Ipans the Board securities, in repaying to the Government any sum wbich may r m i n Ere dde to them in rGspcct of the principal of any loan although the time fi-d fgt. the
reprLyment of the same may not have arrived:
Provided that no svcii rcpayrpe~~t shall be qlade of any sum less than ten thousand
su;paca: and that if such rkpayment :s made, the amount of interest in each su~~~tdinginstalment shallbe so adjusted as to represent exactly the interest d,ue on the outstanding princizbal. . , -
67.' (1) If, in respect of a loan raised by the Board under this Act ~ ~ ' i s f i ~ t ~a'-
rcpay,able befotg: the expiratiof! of o.ne yew f r y the ddlp-of tb_f: loan, t@,CJ~+pm- oP&irrHng.fund. mc'iit by. an oiiif so diiedt ..thea'Boar$ I 1 qll set apakt. li@fvady' ogt' pf ,itx ib@w
as at sinking fund, a sum sufficieni t'o liq~idate tlie ioarl within a pe&i)'dl d b ; did11
nor iq any, case, unkss the previous consent of the Government has been obtained,
ex* twdnty five yeais; ljut the maxirhu& #riod' sliall not. in aity case ex&d fort$ ' y W i.!(I . . . . r
Prddd&$uat a si&ing fund np$ p$, ip thq i ~ s o n c a ot an$ st&u$~~lit~ tn&t, effect, be cstablishql iq'the case of)oans taken by the Bod& ftom tde Central &v;onr- merit or any State Goverm'ent.
(2) -re any sinlcipg fund ba,s, bdfQ?etly &*inl ed day, been.establish$: by ' any arlihority in respect of a loall ra~sed'by it, for \vhit:h loan, the Board is liable
under this Act, the sinking fund so establisheo by that authority shall be deenleo to have been established by the Board under this section.
68. (1) The sums so set apart by the Board under sub-section (1) or Sctlon 61 lnvcsrment and
~ c d t h sums forming part of any sinking fund referred to in sub-section (2) of that iz$i~,~2~$.~ section shall be inveshed in public sccurities or in such other securities as the Govern- ,,lent lnay approvc ill this &half ;tnd shall be held by tllc Board in trust ~ Q I the put-
poses of this Act.
( 2 ) The Boarcl may apply the whole or anv part of the sums accumulated in
any sinking fund in 'or t o~a rds the discharge cf tht mnnevs for the repayment of which the fund has been established :
Provided that it pays into the fund in each year and accumulates until the
whole of the mm3neys borrowed are discharged, a sum equivalent to the interest which would have been produced by the sinking fund or the part of the sinking fund so .applied.
69. (I) A sinking hnd c~ablished Sar the liquidation of any loan shall bo $$TF;:~'.oi
subject to :~nnunl examination by such person as may bt; appointed by the Govern- ment in t Gis beh~lf 2nd the p=rson so a ~ i n t e d shall ascertain whether the cash and
id: bn;re,17 m,;:ie~ \ s i ~ i z of ii;e e4urkies 31 tht: crdit . . . 0:' the fund are c t c t d y eqtlal
. L\ i:~, :.!I,. .:,I i~'.i.:h i~ .,;:'.d ',I.;\,: :\.I L L L X U ~ I I ~ . ~ L ~ Q 1, L i?y~>i~>t ki1 re k d ~ l >
. . , . 2 . , $ 1 i . i d ,b. ~3raixsd rDzreoi.n. :,I .d: :, ,.: .?.: ?.it, L \ f ,,*:.**..
25
32 TAMIL NADU GOVERNMENT G,jZETTE E~IRt"\ORDINARY - I.---- / - - - ----
(3) If the cash and cunent market value of the securities at the credit of ii sinking fund are in excess of the amount which should be a? its credit, the person appointed under sub-seaion (1) shall certify the : m ~ u n t of the excess :.lid ibt. Board may, with the previous sanction of the Goveri~n en;, rcducc: 'r d:sco~:'tlnuc the I d i ' yesrly coiltribu?ions to the sinking fund requir4;d under secrion 67.
I'ower 01 Board to raise loans on short ccrms bills. Powers of Board to rake temporary loans or overdrafts. Vower of
Board to borrow money from
International Bank for
Reconstructien and
Developmtn !
ar otbq Fore~gn lnstttutmns.
70. Nothing contained in this Act shall be deemed to aflect thc ;c)c,t\fer ot tile Gel:!! . Board to raise loans under the Local Authontics Loails Aci, 1919. i91;.
71. Notwithstanding anything contained in this Act, the Boar,: may-
(i) borrow moneys by means of temporary overdraft or other wise by placing the securities held by the Board in its reserve fund.; or on security of the fixcd deposlts of the Board in its banks ;
(ii) obtain advances from such banks on pledge or hypothecation of its current
assets without the previous sanction of the Government :
t .,r 81 i I
s-
Provided that such temporary overdraftt or other loans-
b k
(a) shall not at any time have a Ionger currency than six months : ano
(b) shall nor be taken, without the prev~ous anction of the Governmc~r, ]fat any time in'any year the amount of such overdrafts, or other loans exceeds such amount not exceeding ten lakhs of r L pees, as the <, oiren~mrnt nay fix in tbis behalf:
Provided hrrther that all moneys so borrowed by overdrafts or otherwih shall be expended for the purposes of this Act.
72. Notwithstanding anything contained in this Act but subject to any other law for the time being in force, the Board may, with the previous sanction of the Government and on. such terms and conditions ss may be approved by the Govern ment, raiso, for the purposes of this Aut, loans in any currericy or currencie from the International Bank for Reconstruction and Development or from any other
Bank or Institution jn any country outside India, and no ot'her provision of this Chapter shall apply to or in relation t o any such loan unless the terms and condi- tiom of the l f i l ~ 1 1 or the approval thereef by the G o v e m t n t otherwise provide.
26
a--
I
I ---- - .
7
(IHAPTER VIII.
1-
WVENUE AND EXPENIPITURE.
--,
I--. All m0nCYn; received by or on behalf of the Board under the provisions Genera! A m . ; r ~ t - & ' Act and a11 moneys received by it as the conservators of the ports and of o f Port. their : t~~roaches or as t17e bod)? ~p3ointed unde; section 36 of the Indian Ports
-"LC[, sh~l l be credited to a fund c?.ll.lled the General ,~,ccount of the ports., fit
74. (1 ) Th e moneys credited to the General Account under section 73 shall be P-pplicat.iou OJ fl~rJicd by the Board in payment of the tollowing charges, namely :- moneys ~n Genera 1 Account .
(0 ) the interest and instdments of principel d.ve in respect of any loan that may have been raised or obtained by the Board or for the repaynexlt oi which the Board may be liable and payments to the sinking fund established for such loan ;
(b) the salaries, fees, remunerations, a!lowsnces, pensi~r~s, gratuities, compassionate allowances or other moneys due to-
(i) the Chairman, and other members of the Board,
(ii) the employees of the Board, and
(iii) the surviving relatives, if any, of such employees ;
(c) the contribution, if :my, payable to the Central ~ovmnment or any State Government on account of the pension and leave allowan~o of any officer lent to the Board by such Government;
(d) the cost and expenses, if any, incurred by the Bor.rrd in tho conduct and administration of any provident or welfare fund or loan or special fund astablished by the Board ;
(e) the contributions, if any, duly authorised to be made by regulations mhde under this Act to any such fund as is referred to in clause (d) ;
(f) such sums as may, from time to time, be agreed upon by the Board - ( . .. ; f , I .
and the Government or the Centla1 Government or any other authority, as a reasonable contribution payable by tha Board towards the expenses in oonnection 'l
with the watch and ward functions of the Police Force or the Cieatral Industrial Security Force or any other Force which khe Government or the Central Government or any other authority as the case may be, may establish and maintain for the protection of the port and the docks, warehouses and other property of the Board;I
(g) the cost of repairs and maintananca of the property belonging to or vested in the Board btld all charges upon the same and all work~ng expenses ;
(h) the cost of the execution and provision of any new work or appliance specified in section 25 which the Board may determine to charge to renew ;
(i) any expenditure incurred under section 26 ;
(1) any other expenditure which may be incurred by the Board generally for tho purposes of this Act ;
(k) any other charge whkh may, on the ap~lication of the Board or otherwise, be specifically sanctioned by the Government or for which the Board may be legally liablt:.
(2) All moneys standing at the credit of the Board which cannot immediately be applied in the manner or for the purposes specified3n sub-section (1) shall-
(a) be deposited in the State Bank of India or in any corresponding.new bank as defined m dause ( d ) of section 2 of the Bznking Coppanies (Acqui~~on
and transfcs of Undertaking) Aot, 1970 as the Board may decide, or ( h ~ he invcsted in such public securities es mzy be determined by the Board a d the srid sea~ritia shall be held in trust b) the Board for the puro6,ses of tlrls Ast, oi'
fd k ;mu- & ~ C I I ~ d iw hws-
27
- 34 TAMIL NADU GOVERNMENT GAZETTE EYTRAORDTMA RY - -- --- - -- -- -- -
Power to 75. The I3oard nlay, with tho :~revious ua~wtion of the ( ;ovor~~~~~cnt. a?plL
moneys any sum out of tka 1n3112y j c:eJited to the Cl,i& ..r: A. ::: junt cf the Port toivard.r
from senera1 account to meeting deficits, if any, in tha particular or sp3;ificJ acsaunt s u a as pilotage aoco~i~t.
rpecifiedparticular 2 s? m~intainei gr tr.tn;fer th? wholo or part, of any surplus funds in such particu!ar
account and , acsount to the Gan2ral 4c;ount of the Port.
vice-versa .
Esmb ishment of ros ervz
? mar.
76. The Board may, tror;I tima to tims, sst
Provided that the sums set apzrt annually 111 respaot ot, and tho aggrcsaru at any tlme of any such reserve fund or funds shall not exl;~;d such amounl as InitY. irom time to time, bs fixed in tiy.it bs!valf by the Govc;nm=nt.
Prior sanction ef Go~arppre-t to c h o w
expenditure to capital. power to '
reserve Board
77. (1) For tla: purposcs or a:ly investment which the Bosrd is :~uthorised
securites to :?lake ujlder this Act, it s:1111 bta l~wfu l for the Bxrd to :.esarvc and sct apart
fr,r Roard'sowr. a.1" S:2u*ities to b; inucl by it on acs3unt of any b t t ~ l to which the collvent of tllu
i .~vestrnents. Govcrnme~lt h ~ s b22n given, provided that thi: intelltion to so ressrve and set
apart su:R j::>*itl~3 hzs been notified as a col~dition to the issue of the loan.
(2) The issue by the Board of such securities direct to and in the name of
the Bxrrd shall not op:rata to extingtlish or olncel such securities, but cverj' security so issued siirll b~ vkrlicl iri a11 T Z ~ ~ J S S 3s if issued to and in the name of any other
person.
(3) Thepurchase by ti15 Bawd srthe transfer. assignment or andommont to the Board of any seourity issued by the Board, shall not opeyate to axtinguhk
or cancel any sudh sasurity but ths s ~ m 3 shall b: valid and negotiable in the same lnannar and to the 9'271: axteat a% ii held by or trnnsferred or assigned or endorsed to any other person.
78. (1) No expznditure shall bs charged by the Board to capital without the p r e v i ~ ~ , sanction of the Government :
Pravidai tthat the b a r d may without stlch sanction charge to capital expenditure not excseding such limit as may be spscified and subject to such cunditions
41 mdy b3 i 1 n p ~ ~ 3 d by tile Governmeul.
(2) Nothing in sub-sert~on (I) shdll b: d:i: n2.i to rzqlirc tll.: furtller sancti~n of rne Government in any case where the actilul exp,-ilditurc illsurred as a charge lo capita[ excexts the cxpendlture sdnctiuneit 1,1 trlis bejlalf by thc Government unlsu the excsss is mor? thzil taa p:r ctnt of t!~: eu>:.lditure sa sanctioned.
Jc'o~ as re;;~i:ir.g 79. (1) N3 new work or. appliance thc estiiuatzd cost of which exceeds s~lch
sanction of amount as may be fixed by the Government in this behalf, shall be com~nenced or
Board or provided by th- Boa*d, n ~ r si~all any contract bz entered into by the Board in Government. respect of any SUCII new work or appliance until a plan of an estililate tor such work c\: ap-311ance has been submitted to and approvcJ by the Board, and in each
the estimated cost of any such new work or ap;liance exccxis such amount, as may
from time to tima, be fixed by th:: G3veriirn:nt in this bhalf, sanciion of the
Government to the plan and estimate; shall be ohtaincd before S U C I ~ work is commcnced or appliitncc provided
(2) Nothing in s~b-2e:tion (1) shnll b: d.=c.n:d to require the further sanction of the Government in any case whzre the actual expenditure incurred a ~ e s
not exceed i iy more than ten psr cent of the estimated cost so sanctioned.
Powur e l Chdirrudn 80. N~ivithdanJi~l; dtlytliin~ c0ntrine.I ~ri s, ~ i t i ~ n 79, the Cha~rman may ar to :X=O:~O.? 01 direct the execution ot any work the cost of whicil do29 not.exceed such m a ~ i m ~ ~ r n war tt. limit ah mav he fixrd by t le Gove nmlnt in that department b2haB and may enter inlo contracts tor the exec1 tion of such works, but in every suuh case tllc Chairmau s.lrll, as r.oo11.a posgiblc, nla'ke a rcport t6 the Bcvd of any such dirccfions given or contracts entered in co by him.
28
81. (1) The Boara may i:ompounri or w~ilpromise a n y claim or demand or ahy p,, .i wo
action or suit instituted by 01 agains~ it for such sum of Inorley or other compensation to compound or
as it deems sufficient : con;,womise Aimg
Provided that no scttle~nent shall be made under this section without the p:cvious sanction of tne Ciovernnlent i i such settlement involves the payment by the Board of a sn:n oxcscding such a.nou:lt as may 'be spciiied by tile Govcrnincnt in this behalt.
82. (1) Subject to such conditions as ]nay be spszified by the Gover~11eut Wfihing off loma, where th? Board is of opinion that any amount due to or any loss, whether of money or of property ~acurrm by the Board is irrecoverable, the Board may, with the previous approval 01 the Government, sanction the writing oft finally of the a id
amount or loss :
Provided that no such approval ot the Oovcrnlnent shall be necessary where sztch irrecoverable amount or loss does not exceed, in any individual case, five
thwand rupes or in t.1~ aggregate in any year, one fakh rupees.
(2) Notwithstanding anything contained in sub-stction (I), where the Cbzliunan is of opinion that any amount due to or any loss, whether of money ~r
ot property, incurred by the Board is irrecoverable, the Chiman ma] sa.lcrioa
the. writing off finally ot sucb amount or loss, provided that such amount or :ass
cl.oa aot excoed, in an individual am, one thousand rupees or in the aggregata irp m y one yea, tweuty thousand iupees and in cvary su;h &so, the Chairman
W lark8 a raport to the Board giving raasons for such sanction.
%B. M the ~ ~ I R C T ~ . authorities and mfrictims oontained in this Act in rcspwt krrrsrs, q ~ e q(r, d ms r o f i by cGb.Act authoriad. shall apply. to the .Ibrks which may lx e x a d uf
)Sr the Board ss tho Oonsar~rrtor of the Post or as the body appointed tmia -oil (I ) of section 36 ot the Indian Ports At# and also to the sancion of mdh
wotks t b estimate thueof and the oxpen&ituaw ~ ~ d c r . BI. (1 1 'OhQ Board W, on or Mom the thirty kt day of Jamuy in eaQh year, %crspct .ghc(ioru6 a spwd meeting at which tho @hairman shall submit an astimaM d thm income
.nd Bpldituro of t b B o d for the nett fhocial year, in SUQ fom a s p t
-M 8Wfy.
m) A copy of such otirmts shall be cent to each mqnbm of 6 $4 as to mush him not lass than ten claar dare prior ta the datc appfnted spadsJ maeting refweb to ir subactian (I).
I
(3) 'ihe Board shall consider the at- at sub. mecting and n a y prrYdtoonaUy appmw of it with or without moctibcaticp.
(4) The Board shall, on er before the tenth day of February, OQW a af S L C ~ estimate as provisionally approved by it, to be sent to the Oovrapmtd.
6) Tbe Government may sandon the estimate or may rctbrn it with rmmks and may call for such additional information as they may deem neoossary.
(6) When an estimate is returned under sub-section (S), the Board shalh pnoqeed to reconsider the estimate with reference to si~ch remarks and shall furrlish
s ~ c h addilional infordation as the Gover~unmt may call for and shall, if mxeaary,
m&fy or alter the astimate and resubmit it to the Government.
(7) 'Ttc Government shall sanction the estimatt with or without modifications.
(8) Where any such estimate is not smctioned by the Government before the commencement of the financial year to which it relates, the Government may
authorise the Board to incur such expeMture as may be necessary in the opinion o r the Governme,:t until such tlme as the approval of the estimate by the Government
1s communicated to the Board.
85 The Board may in the c urse of any year for which an estimate has been sanctioned by the Goverrlmci~t cause one or more suppleme~lral estimates for the Preparation ef
residuo of such year to in prepared arrd the prvvisions of section 84 shall, so tar ~ ~ ~ ~ a l
RS may bc applv to such estimate as if it were a n annual estimate.
29
36 TAMIL NADU GO'JERNMENT GAZETTE EXTRAORDlNARtY - ,. . 6- h -
lkappropriation~f $6. Subject to ar.y directions which the Govcr~~mcnt may give in this behalf, =:. '" any sum of money or part thereof of which the expenditure has been adthorised in ail &$mate for ths time being in force sanctioned by the Government and aPich
has not been so spent, may at aay time be reappropriated by the Board to h t any excess in any other expenditure authorised in the said estimate.
Adherence to i 87. (1) Subject to the provisions of section 86, no sum exceeding such amount
a irnab except in as the G"vernme?t may fix in this behalf sball, save in cases of emergency, be emergency. expendeo by, or on behalf of, the Board unless such sum is included in some estimate of the Board at the time in force which has been finally sanctioned by the Government.
(2) If any sum exceeding such limit as may have b s n fixed in this behalf moer sub-section (1) is so expended by the Board on a pressing emergency, the circumstances shall be f~rihwlth reported by the Chairman to tbe Government, together witb an explanation of the way in which it is proposed by the Board to cover such extra expe~dit~c.
1 Aocounts anri 88. (1) The Boar~l shall maintpin proper accounts and other relevant records
I audit, and prepare the annurl statement of accot~nt including the balence sheet in such form as may be approved by the Governnlent.
iI
I (2) The acccna4ts of the ~ o G d shall be a~dzttxi once in every year and if so required by the Government ,oo~currently with the compilation of such accounts .by ,an &,tor appointed by t h , Government in consultation with the Oomptroller
a d Auditor-General of India (hereinafter referred to as ".the Auditor") and any amount payable to such Audi~or She Board in respect of such audit shall, be
debitable to the general account of the Board. ' . . I*.
. I
(3) The Auditor shall Elawe the same ri ts, privileges and authority in annec!lon with the at dit of the accounts c\f t leBoard as 1Ee Comptroller ar4d
;Auditor-General ~f India has In connection .with the audit of the Govemmedt accounts and in particular shall have the right to demand p~cduction of books 8f accounts, connected vouchers aod other dac~rnei~ts of ths Board.
5 . . r . .
h e t i o n of . . 89- (1) Within foulteen &yi&er t$e akdit a~d,examination of the accounts of
audit report. .the Board have been corn leted, tb aud~tor sha? forward ccpies ofthe audit repoit B to the Government zn t'3 the Bosld. , i*
@f 'Mie Goveri~mnt sllall carise every audit repcrt to bc laid for act less
:bar: thirty days,before the Lcgislatiw.Assembly as soon as may bc after such report is received by the Governnlen:.. ,
9 . The Boam sblr forthW~tlk take into conslaeration any defects or irreguk- zs ::a ::$! rities that may be pointld out by tke Auditor, in the a ~ ~ d t report cn the inccme
w t i e s poinrgci out and expmditure of the b a r d and shall take sucb action thereon as the Board n:ay
in audit rcPort think fit ; ? ~ d shall also ser.d a report of the action so taken to the Government.
Government to 91. If thcre ts a diKerer.ce of opinion 'between tFe Board 21- d the Auditor
diffcrcnce on ally $oint included i n the audit report, and the Board is unable to accept and
between Board implement tb,k rtdcmrrtccdcttor.~, If any, made by him on s ~ c h point, the matter
Auditors* shall forthwith be rcrcrrcd to th: Govcrnmc:nr which shall pnss iinal orders thereon and t'h: Board shall be buhnd to give etlect to such (,,&is.
- - -
k
30
1L NADU GOVERNMENT GAZETTE EXTRAORDlNARY m L . M" - ' * - . - p+p- .- -- -- - ---LA--& --A. - J . - - .. . - 37 -
sUl%k%'l$&Y!~ AN) &NTRCJI, Oh GO=-,
92. ,w soon $s may be after tht- llrsr aay of Apri in every year and &t 18br AdminbtraYln, such date as may be fixed in this behalf by the d overnment, the Board shall report. bhit to the Govetrldent a dddiled ~~ of t M stration on of iflie ports 2pr:Pg the pncekilibp a~ding otr t h thirty f~ day of Marc&, in 3uch form
BS the Government BW Birecf.
93. (1) i he Board shall arunually or often or if directed by the Government su= ef so to do, subn~it statements of iir: income Stfd exrndifvre in such form and st such state- of
time as the govern me::^ may cirect. ~ncomo a d
~P-Etam ( 2 ) A copy of ail such statelnents shall be opeu. to ins ection of the public r to aOvonment. I at the oEce of the Board duflng office hours on payment of such ee for each inspection
as may, from time to time, be fixed by the Board.
94. (1 ) If, at any time, the Government are of opinion- Power d (kra
lnent to Sum Board.
(a) that olr account o: a grave emergency, the Bawd is unable lo perform the duties imposed on it by or under the provisions of this Act UA 3f any other law, or (It) that tr R O ~ L U h;t9 persistently made default in the perfonnsnc8 of the duties iiiiposed upor, it by or under the provisions of this Act or of any other law and as a rewlt oi >uch defird~, ihe financial position,,of the Board or the adminis- tration of the ports has greatly detenurated, i'" 2 ,& ;,$jT& the Gover~l~nent may, by notification, supersede -'sthe:L,Board for such period, not exceeding SIX moi~ti~s at a time, as may be specified In the notification : -- Provided that before issuing a notification unds: this s~b.ss:don for th;
reasons ~ncntioned in clause (b), the Government shqll give a rclsonable opportunity to the Board to show-caus!: why it should not be supmeded and shall consider the explanztions -. _ , .. . ,and q-objectlons, A_. .-. d , ,31- any, ,. , of P. the Board.
(2) Upon the publicalion of the notification under s
seding the Board,- ,.+, .*- -&
(0) ail the nlbrnbers 01 the Board shall, as from ih:: date of supersession, vacate their offices as such members of the Board ;
(b) all the powers and duties which may, by or under the provisions of this ~ c t or of any other l a w , be exercised or performed by or on behatf of the Board, ~:~;tll, mtil the BoaA is reconstituted under clause (b) or clause (c) of SuS- sectioll (3), be exercised and l~erformed by such p$rsoq or persons ap the Government may dircct ; J : 18 ; 1 8% (y $~&aa& &,&
(c) all property vested in the Board shall, u11":l the Board is reconstituttd undtr Clause (h) or clause (c) of sub-section (3), ve?t in tho Government.
(3) On ol' t h ~ period of SII~C;session specified in the notific~tinn issued under sub-section (I), the Government my-
(a) exttnd r':e p.-.ind of supersession such furtiler term not exceeding, six ~ ~ ~ ~ n t h s , a? they inuy consider necessary, or
(b) reconstitute the Board by fresh appointment and in suuh case,
any peirnnr wi!o vacated their offices u~rder clause (a) of sub-section (21 \hall not be
Ber;~cl auc,uairtied for a2pointment, r?r
(c J :.e~.9ns?itutc i! :: *ard by app-,i2?m-,nt only for such period .as they
may nmssary ard in such a cz%, tbp2riqns who vaca~ed thelr uh
under da3\e (a) oi sub-sc; -1on (2) sh3.11 not b: d3ern.d d:squa1ihd for r lch appoint- men: mcrol-j because ;uey '"Veie m,?mbors of ths Board when the Board ws Provid4 that the Ciu*vi:~rnt?nt may, at any time before the o r p a o n of the period of supersession, whether as orig'nauy specified undcs rmb-mcUon (1) or PI
-tend& under this s11h-~tion, take action under davw (b) or o l a ~ (c) of thk sb-
31
I
*
. 88 j , . . , TAMIL NADU GOVERNMENT GAZETTE EKTRAORDIN&PY L I
(4) The Government shall cause a notification issued under sub-section (,I) and a @ report of any action taken under this section and thc circumstances lealbll to such adion to be laid before the Legislative Assembly at the earliest poss*
, opportunity.
I Cr 43t~~a~- 95. (1) Without precudioe to the ffcry4liq ~rovisions of this Chapus, to eivc ,toBoarb the Board shall, in the discharge of its functions under thn Act, be bound by such directions .on quation of policy, as the Government may give in
I writing to it from tlme to time.
(2) The decrsiop of the Government, whether a question is one of policy 01 not. &all be final.
32
-- 'I AhIIL NAUU GOVERNWiENT GAZETTE EXTRAORDINARY 39
-.--- -- - - - - - -
CHAPTER X.
PENALTIE S.
&!?I '..2, ',L\.' 96. .A11 msnlb:rs, offic:rs and othor servants of the klosrd shall be deanled Members, offrchb I I ; , tu 3: p u b i i soivanti !vitiiin the meaning of section 2i ot the Indian Penal Code. ~ ~ & ~ ; ~ ~ ; ~ ; -'rwnr' iWYi i l l lS .
97. (1) W11cever ';ontravenes any order made under section 27 or section P~qalty for
28 or se~tioo 29, or tails to can11)ly with any condition imposed under section C'ntr;lvention of
30. .;l~all be punishable with fine which may exlend to one thousand rupea. sections 27.2% 29
;nJ 30.
I
(2) Whoever ii.ter having bjen convicted of an offence under sub-seotlun
(1) continues to co11.rl.rvene the said order or neglect to r;ompIy with the said oondition, shall, on conviction, be punishable, for each day after the previous date of conviction during which he continues so to offend, with fine whlch shall not be less than one hundred rupees and not more than two hundred rupees.
98. (1) Any persol\ who ~ontriwoncs the provisions of section 35 shall Pel'a't~ for set118'g
be punishable with fine which may e.utend to one thousand rupees. etc., up wharves, without quiy wt. mission.
(2) Whoever after having been convicted of an offence under sub-sytion
(1) continues to contravene the said provisions in section 35, shall. on conviction be
,punishable, for each day after the previous date of collviction during which he continues so to offend, with fine which shall not be less than one hundred rupees and not more than two hundred rupees.
" 99. Any person, who with the intention of evading payment of the rates Penalty for evadmp
lawfully due under this Act in rcspcct of any goods or vessels carrying any gods,- rares, e t c
(a) understates or inaorrcctly gives the weight, quantity, value or descri- ption of suah goods, or the tonnr?g of such vessel in any document, presentd to z r ~ y employee of the Board for the purpqsc of enabling him to determtne such rates,
or
(b) remoxres or attempts to remove or abets the removal of such goods or such vessel.
shall be pulds11able with fine ,which may extend to twice the amount of rates so due subject to a minimum of' fifty rupees. '
100. If,'throqgh the negligence of any person hn.iing the 'guidance or corn- lnarld of ally vessd, or oi any ot nririners or persons o~l~ployod on such vessel, any' dallug i\ caused to any dock, wharf, quay, mooting, stagt. jctty, plof ot other work in the possession of tho Board or any movae property belonging to ' the Board tho amount of such damirgl: sl~all, on the ~~pplica~ion f the Board, be rccc,ver;rhlc togothcr with the cost of such rccovcry, by distress and sale under a
M:t.gistl-ate's ~ ~ i ~ r r a ~ l t , of a sulIiciant p~rtion of tllc bwts, masts, spl\rCs, ropes. cuhlcs, a~lchors or stores belonging to such vessel :
Provided that no Magistrate shall issue such a w:~rrant until tnc luaster the vessel lias been given a reasonable opportunity of being heard :
Pro~ided furthcr that no such warrant shall issue if the vessel was at the time undcr the orders of a duly authorised employee of the Board and the d;lmag:: causcu was attributable to tfrc order, act or inlproper omission of such c~nployec.
,Recovery of va lu of d;lm*gc to pro pertr of Board.
, .
I
101. Any person wl~o, k i n g a member or an e~nploycc of the Board, Person interested
;rzqniros. directly or indirectlv, any shnro or intorest in any contract or contracts. etc..wi
employment with, by or on b~kalf of the Board, shall be deemed to Board to be deem to have commit!
~ ' ~ i x i t l , , > L C .. L V ca~nmrrtcrf a11 oflcnce u~~der section 168 of thz Indian Penal Coda : an otfence unc section 168 of
Indian Penal Col
I'ruvided that nothing i l l this section sljall apply to a person who is dccinixl not to have a share or intcrcst i n any contract nr em~~loyment undai r:u yrw~i io to cL~.wsa (d) c ~ t soation 4.
33
40 -- .TAMIL NADU GOVERNMENT GAZETTE EXTRAOIIDINAKY - -.. -.-_.- *.b. . - .- - - - -- - ----
Other of f , .nc~~. 102. Save as otherwise provided in sections F7,98, 99 alld iCO any parson who contravenes any of the provisions of this Act or oi any rule, rog~datiun or order made thereunder for the coatravention of which no pr3nalty is expressly provided thereunder, shall be punishable with fine which nvly extend to t\vz hundred rupees.
Cogr: izance o?
offmw. 103. No court inferior to that of a Metrcpolit311 Mngistnrtc or Jt:dic,'tl Magistrate "of the first class sh:rll try any offence punis11:iblc ul~der 1111s Act or
any rule or regulation made thereunder.
O d e ~ c e s by COrnnaniep. 104. (1) Where an oi cnce against any of the provisions ot this Act ~r any rule made thereunder has been committed by a ampany, every person who at the tirno the offence was committed, was in charge of, and was responsi-
ble to, the company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the oflcnce and ~11~11 bo liable
to be proceeded against and punished accordingly .
Provided that nothing contained in tnis sub-section shall rendcr any such
person liable to any punishment provided in this Act if 110 proves that the
offence was committed without his knowledge or that he has exercisedall
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (I) where any such offence under this Act has been committed by a company and it is pro- ved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of any director, manager,
secretary or other officer of the compaay, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Bxplanation.--For the purpose of this section,-
(a) "company" means a body corporate and includes a trust, a fim. a scciety or other association of ineividuais ; and I (b) "director" in relation to-
I (i) a fi:m means a partner in the firm ;
(ii) a society, a trust or other association of individuais, means the
person who is entrusted under the rules of the society, trust or other assnciation
&it4 the management of the affairs of the society, t m t or other associat~on, as tfn case may bg.
34
TAMIL NADU GOVERNMENT GAZE'iTE E CHAPTER Xi
MIS-LANE0 US.
105. ( 1 ) 3he Government may, by nolificat~on, constitu~e a State Ports Consultz~i-"e Committee (hereafter in this ses?ion called the "Consultative Stuto C"nstifution b orts Con. Of
Gommittee") consisting of members of the Board and such other persons, being tcltne Commi?tce
not les~ than ten and not nore "tan twenty as tlic Governme~lt may appoint from amongst persons who are in tk.c upinion of the Goverrment, lepreseritlng theinterests of the Chamber of Gommerce, Shipping, Sai'ing Vessels, Customs, Railways, Road Transpolt. Labour, Communicarions. Fishe~ies a ~ d Industries, so howewr that, there shall be atleast one member from each of the aforesaid interests.
(2) The Ghnirman of the Iioard shall be the CA-nf$cio Chairman oft hc Consul-
tativa Gommittee.
(3) Such officer of the Board as the Gover~ment may appoint in this behalf sball act as Secretary to the Consultative Committee. ~ (4) The functions of the Consultative Cornnittee shall be as follows :-
I
I (0) to advise the Board on all general quest.ions pertaining to the ports ; I (b) to advise the Board in respect of any scheme pertaining to develop- ment of any port ;
(c) to review the administration of ports and to suggest ways and n1ean.s of improving their work ;
I
(d) to suggest wavs and means ic remove any difficulty experienced by the Board in the administration of ports ;
(e) to make suo-mot0 recommendation to the Board in regard to any matter relating to administration of the ports ; (/) to report to the Government, or as the case may be to the Board,
en such matters as may be teferwed to it either by the Government or by the Board for its opinion.
1 I (5) The Government may, by general or special order, provide
1
(a) the calling of the meetings of the Consultative Committee and the procedure of meetings ;
(b) the duties of the Secretary of the Conaultatiwe Committee ;
(c) the term of thc office of persons appointed to be members of the
Consultative Gommittee to represent any of thei aforesaid interests, travelling allowance and dailv allowance to the members of tke Gonsultative ammittee and
rate thereof.
(6) Any persqn appointed to the Consultati~,e Committee to fcyresc~lt any of the aforesaid interest may resign from the members hip by tendering bis resig
nrtion in writing to the Chairman and tho resignation ~ l ~ a l l take effect from the date on which it is received by the Chairman, who shall give intimation of the vacancy to the Government.
106. ( 1) 'rbe Ciovcrnmetrt may, from time to time, constitute a Local Advisory Advisory
Coni~liittw for any port, consistirg of such number of members as they may thirk Cnmrnittre. fit in I-ch case and on such terms and conditions as may be prescribed, by regu1.d tions.
(2) 7-llc Board may, if it thinkf fit, consult the Local Advisory Committee concerned on any business coming before it, and shall do so in respem of such business as the Government may, by general or special order in this behalf, speclny ot when requi;.ed by the reqgllations so to do.
35
42 TAMIL h A D U GOVERNMENT GAZETTE EX71 R ,2ORDINAIlY
= - --- - - - - - - . - - - _ - _ - _ --- -- -- -- -
(3) The Port Oflicer co;lcerned shall be the: ex-c,fjcio Chai~ ms I I o!' 1 1 1 ~ L o c ~ I ' ~ Advisory Committee.
(4) 711e Local Advibcry Comnlittee shall muat at \uch ~i~tcrval\ III:~) be presribed and for tile tr,i;l\acLlon of urgent bl.si ~zbs on h u c h cjtllc: ,'cc~l\!an> as Chairman of the Bo ~ s d may require.
(51 Tne number of ~nembers necessary to const;tute a q\ioiulll at a m e ~ i n g ~f a Local Adv15ory Committee shall, as the Go~elnmnent may spec11.y.
Limit:itlC)n L - I a p r o c P ~ l n s a ,,, 107. NO bull, prosrcutios, or other proceedi!lg shall bc 1!15tii~1t~ d .iyallil lix respect of !kings Board or any member or emgloyee thereof for any act done, or purport~~lg to he don::
done. in pursuance of this Act unless the suit, prosecution or otbar procecd~ng is li?btItU- ted uithin six months fro111 tlie date of the act cc)mpiained of.
of Act 108. NO suit or prosecution or other proceeding shall 11e agalnst thc Board dona in gd?d falth.
I or Gomrnittee or Chairman, Member, chief Executive Officer or other officers and servants of the Board, anything which is in good faith done 01 intended to be done under this Act or any rulc or regulation made thereunder, or for any damage sustained by any vessel in consequence of any defect in any of the mooring, hawsers or other things belonging to or under the control of the Board.
Power to make
-*A&.
109. (1) The Government may make rule. for carrying o ~ t the purposes of 1111s Act.
(2) In particular and without prejudice to the generality of the foregoia& power, such rules may provide for all or any of tlie fo1low;ng matters, namely :-
(ci) fees and allowa~lccs payable to tlze me~nbers of the Board or any of
its comlnlttees for attending meetings of the Board or its co~llmittcc or for atton- ding any work of the Board, under section 12 ;
(h) the mode of exec~ting contracts under section 24 ;
(c) factors to be taken into consideration for determiniiig Llir 2nd ruawnnblc con~px~slttion under s~b-section (3) of section 36 ;
( d ) the terms and conditions of appoi~ltment of persolls as mcmber~ tjt' a Loci11 Advisary Committee under sxb-section (1) of seclion 106 ; a1.d
(e) any othcr matter which is to be or ni.~y be prcsc~ ibed 4y rules.
(3) The power to make rdes conferred by this section i \ \ubicct to thc condition of Ihc: r~ lc:\ Lc111g nlLid; aftcr ille ~ X L I O L I \ ~ ) L I I ) I I C ~ L ~ I O I I . .(4) Every rule or ordcr made or notification issucd by the Governnlent under this Act sha.1, as soon as possible aftcr it is nude or ~ssubd be ~laced. on the table cf the Legislative Assembly, arid if before th.. cxplry of the ssc%sion in which
k
:t 1s so placed or the next session, the hgislative Asser~3ly makes any modifi- cation in ary such rule or order or notification, or the Legislative Assembij decides t l w the rulc or order or norificatioll should not be 111aJe or iss~ed, t l~e rulz1 t
or; .order , or ~zotificatiol~ d1a11 thereafter h v e elreci only in such modified form or be cf 110 efict as thc case may be, so, howevor, that :~ny such modiiicatio~~ or annulment shall be withovt prejuc'ice LO the validity of anytl7ing previously done under that rule or order or not;fication.
owo or to m.1~: 110. (1) Th? h a r d may make ~gulations I-of incons~stent \krtll rm provisio~:~
*cgulathw of ths-a~t i nd the wits nl:~Je tkrrmadzr with rraWr tc, dl or an) cf the toiiowing matters, il.?mciy :-
(aj the times anti places of the; m:eti.le of the Boara or its committees,
the procedure to be followed for the tramaction of business at such meetings a474
the rl.lrnhr of members necessary to constitue a quorum at such nleetiap ; + -
36
C
TAVIL NADU GOVERN-MENT GAZETTE EXTR40RDINARY 42
_C
(c) leavt, leave allowanu3s, p:.liioix, gratuitie?, c~mpassionate allowances and travr,lling allowances of the employeas and the establishme ~t and maintenance o f a nrovident fu:ld or any 0 t h fund for th:ir wdfare ;
(d ) the time withi!l which and the mlrrner in which review and appeal
may be preferred under sub-ssotion (2) of section I.) a . ~ d the procedure for de- ciding such revie* and app :a1 ;
(e) the terms and conaitions of service of persons wno become employees
of the Board under clause ( b ) of sub-section (1) of section 20 ;
( f ) any other matter which is incidental to, or necessary for, the purpose .of ragt~latl~~g the app~intrnent and conditions of service of its enlployees ;
(c) the torm ot raaalpt to b3 given under sub-ssctioll (2) of seation 32 ;
(h) the psriod within which notiaa may b3 given undar subsecLion (2) of
seation 33 ;
( 1 ) tho fautors to ha taken into aonsiderlition in respeot of payment of fair
aaJ roaaonab\a aompaiuation .undar sub-section (3) of seation 36 ; (Jj rho guidance of pjrsond emrloydd b~ th3 h a r d under this Gat ;
(k) the, wLe, efficient id c ~nveniene t i d ~ , ,n~;dgem~nt and aontrol of the docks, wharve;, quays, jottias, buildings and other works aonstructed or aaquired by, or vg~tud in, the Board, or of anJi land or fora~hore aoqked by, .d veated in tha noard under this Aat ;
(I) the reoeption, portarage, storage and removal of goods brought
*in tila premises of the Board, for the eaalusiva aonduot of these oparatioo the Baard or p:rsons em;lloyed by the Board, and for halaring the proaedurr
to be follawe3 for taking aharg3 of goods whioh may have beau damaged More
landing, or mry be allegad to have bean so damaged ;
(m) keeping alean the port, river or basins or the bank d the river and %he aorks oh the Board, and for pravonting filth and rubbish baing thrown therein or thareon ;
(n) the mode of payrnsnt of rates leviable by tho Board under this Aat ;
((a) rapulating, da~laring and detining the doirks, wharves, quays, jattiesi .sta as aiid piars vaitei in thz B ~ s r d on whiah goads shall be landed from v r d a
apt! hippad on Board vasrek ;
(p) regulating the manner in which and tho a jndirions under whiah , the
.loading and unloading ot all rzsssl~ within the port c r port approaohes shA be
aarried out;
(q) ragulating the lighterage of aargo between ship3 or between shipa and
.ahore or batween shore and ships ;
( r ) the exclusion from the premisso of the Board of disorderly or 0 t h adesirabla parsono and of trajpaspers ;
(s) ensuring the slfoty of the port ;
(t) generally for the eniaisnt and propsr administration of the ports ;
(u) the parson, if any, aut6orirrcd to sign and the mode of afRxing the oorporate sesl and of atte3tation of dooumentq relating to Board s~urit i3s issued
or to b3 i w e d by the Board ; if?
I {VJ the qar\qor in which gaymeat of. intarsvt in respot st ; oxh$30;~1d yaouritien is to be mmda, raoaraad lind aoknowledgsd : I 1 Crrqon IV-7- i ''-10
37
4 .-. T A M l l . NADtf GOVERNMI . , .- _ _ -
(w) tbe circumstances and the manner in which %oar6 secu~illes may be
rimevied ;
(x ) the circumstanccs in which such sccur~ ties may be renewed bcfcre fuit'frer payment of interest thereon can be claimed ;
(y) the form in which such securities delivered for renewal, con~ersion, consolidation or sub-division are to be receipted ;
(2) thepfoof whicb is to be prcduced by a person applying for duplicate swurities ;
(&)'&e'fdrm and manner of publication of the notificiation mentioned in SUP-section (2) of section 61 and the manlier of publication of the list mentioned 1is sub-section (3) of that section.
(ab) the r!ature and amount of indehin~ty to be given by a person applying for the payment of interest in the Board securities alleged to have been wholly or partly lost, stolen or destroyed, or for the issue of dl plicate Board securi-
des ;
(ac) the conditions subject to which Boald securities may be converted, eansolidated or sub-divided ;
(ad) tke amovnts for wh~ch stock certificate may he issued ;
(ae) werally all matters connected with a g .ant of duplicate, rene~ed,
converted, consolidated and sub.divided securities ;
14) @o fees to 'be paid' in r b p t of ihe issue of duplicate securities slid
of tlie ie4xiOIi1, CoriJersion, consolidat~on and .sub-division of Board securities ;
(ag) the fees to be levied in rospect of tho issue of stock certificate; '"(ah)'any'otlsr matter which is'to be or may be prescribed by rcgula-
~oa.
(2) Any regdation made under this section may provide that a breach thereof
shall be punishable with fine which may extend to two hundred rupees and where tkr %reach is a continuing one, with further fine which may extend to fisty rupees for eirery daycafter the first day, during ihich sucb breach continues.
Proviaions with 111. (1) KO regulation me& by the Board under this Act slinll have effect rrrPcff to =la- until the same 'has been approved by the Government and pbbli~he~i by the Board
tloar. i r the Tamil Nadu Government Gazette.
(2) The Government may, by notification, rescind any rt:guldtion madc
under section 110, and thereupon the regulation shall cease to htve effect.D poker of aov*- ' 112. (1) Whenever the Government consider necessary, in the public interest 1 t to direct se to do, it may, ay older in writing together with a statement of reasons there-
rrrouktim to - for, direct the Boald to make regulation for all or ally of the matters specified in
nude. seetion 110 or to amend any regulation, with~n ~ U L , A peri& as tIbc. G~vernment may spcify in 'tkis behalf :
Provided that the Government may' extend ihe pericd specified by them tc make such regulation by srcb period or periods as tEcv may consider necessary.
(2) If the Board fails or neglects to con~plj witb such c'irections bitbin t k period allowed under sub-sctction (1), the Government may, notn ithst anding anything contained in section 110, make the regvlations or amend the rekulations, as the case may be, either in the for& specifid in tbe direction or with such modi- firation thereof as the Government m a y think fit :
Provided that before making or amending the reflation, the Government
slrfll eonaidor any abjection or suggestion, if any, #made by the' Board within the ' oatd. penod.
38
1' I ov i . ' r d t l ~ a t such repal shi.11 not affect-
I
- --
1'1.3. Notw%starding anything contaired in this Act, ~ h e fi~g m b t i o n s Power of G o v a b
under this Act shall be mzde by the Government ano shall have ejffect on 'being ment to makc
published in ?he Tamil Nadu Gnvernmmt Gazette. first regulations.,
114. The text of the regulations mcde under clauses (10) to (19) of section Posting of certain
1 10 and the scale of rates tcgcther with a statement of con4itior,s trz med by the re8ulat'"s~ ete*
I Board under Chapter VI shall be prominently posted bv the Board in English and Tamil on special boards to be maintained for tke pruoses at tl e wharves, c'ocks, pierc and otl;er convenient places on the premises of the Board. 1 I
(a) the previous operation of the Act so repealee, or anything duly done or
suKered thereunder :
115. Nothing in this Act shall affect,- Saving of right of Central
Goverpment and
(1) the right of the Central Government to collect custc ms, duties or of any municlpalitia to municipality to collect any duties at any dock, b r ~ h , wharf, quay, stage, jetty or ;: c;!&;za;i
pier in the possession of the Board, or duties and poaet of Customs autho-
rities.
r - (2) any power of authority vested in the Custcms authorities urder any law for the time being in force.
116 The provisions of this Act shall also apply to all alr crafts making use of Application of
any p o r ~ while on water in the same manner as they apply in relation to vessels. provisions of Aa
to air craft.
1 17. (1) If any difficulty arises in giving effect to the provlslt,. - of this Act, the Power to remove
Government may, by general or sp~cial order, not inconsistent uilh the provisions of difficulties.
this Act. do anything which appears to them to be necessary or expedient for the
purpose of removing the c'ifFiculty :
Provided that no sucb order shall be made in respect of a port after the :expiry
p f 2 pericd cf two years from the appointed day.
(6) any right. privilege, obligation or liability acqrired, zccrued ard incurred under the Act so repezled ;
I
(cj ;inv penalty, forf~iture, or punishment incurred in res?ect of any offencc com~niticct under the.Act so repei~led; or
( 2 ) Every order made urder sub-section (1) shall, as soon as may be after I r i o
made, be laid b$fo;e the Legislalike Assembly.
l t ini l Nada Act, 118. 0 1 ; the applicaticn ofthis Actto an) part,tl.eTtmiln'~du O~liportsLarding Repeal and savin@.
a17d S I I ~ ~ ~ ~ ~ , ~ Fees Act, 1885 shall stand repealed in relation to that port: -
I
39
46 TAMIL NADU GOVERNAWW~GAZETTE XTRAORDINARY -,_LIIQ.
C_) - - U L . (4 any investigation, legal procoeding or remody in sspect of any such right, privilege, obligation, liability, penalty, forktitare or pu~~isllmcot as aforesaid ; and any such investigation, logal proceeding or remsdy may b: instituted, continued or en- forced. and any such psnalty, forfc~turo and pmishmca may be i r n p ~ e d , as if tbis
Act had not been passed :
*
Provided further that subject to the preceding proviso, anything done or ally action taken unda the repzaled Act, shall, in so far a; it is not inconsistent hith the provisions of tbis Act, be deem~d to have been dc.,; "i -.!::; r qder t 0.: cor~ecpanding i provisions of this Act and shall continue to be in force according!) unless and untrl swerseded bv anvthing done or any action taken under thls .W.
J
(Bg order of the Go\si nor)
No. 15!
M. MUNI RAMAN,
.Secr.etai.y 'Goveri~v~et l t , Lrrw Dzpnrfinent,
-TED AND PUBIJSHM) BY 'IT-lE D I a f l o R OF STATIONERY AND PRINTING MAD- ON BEHALF OF - GOVERNMENT OF TAMIL NADU
40
T A M I L NADU
G O V E R N M E N T CAZETTIE
EXTRAORDINARY PuB~ltnE0 61 ~uTnORltr r n - r . -",a
Panguni 5 . T haclhu, Thiruvalh~var Aandu-2n28
-- - ,*, - '0 -- -- The following Act ot the Tamil Nadu Lagicllative Assembly received the assart the Governor on thc 20th February 1997 and is hereby published for general iahma- tacbt :-
u p . - - AN ACT TO AMEND TffE PAWLEL MADU MARITIME BOAR0 h a , 8995. ACT' DFe, 15 0 F 1993.
BE it enacted by the Legislative Assambly of the: State ot Tamil Nada in tb
Party-ztghth Year of the Republia ot India, as follows:-
I. ( I ) This Act may be oalled the Tamil Nada Naritirno Board (Arna~dmst) Shm * d Aa, 1997.
mat.
(2) It shall come into hrco at ongrr.'
2. in section 3 of the Tamil Nadu Maritime Board Act, 1995 (hereinafter Tamil Nadu Act referred to as the principal Act), for sub-sectious (4) and (51, the following sub- sections shall be substituted, namely : -
" (4) The Board shall consist of such number of mernbers, as may be appointed by the Government, as belo .v : -,r I,, . ,.-,f ,'
(a) the Minister in-charge of Transport, ex-officio ;
(b) the Secretary to Government, Transport Department, ex-officio ; 1 (c) the State Port Officer, ex-officio ;
(d) the Secretary to ~overnment, .Finance Department or his nominee . ..,. <$, a- not below the rank of a Dzputy Secretary to Government of that Department dealing ; it<;* ,v with the subject part ex-oficio ;
(A ~ r o u p ) IV-2 Ex. (146)- 1 43 1
41
(0) thc Secretary to Government, Public Works Department or his nominee not below the rank of a L'cpitty Secretary to Govcrnn~ent of that Dcpartmcnt, ex-
officio ;
(f) the Secretary to Ciovernment, Industries Ilepartment or his nominee not below the rank of a Deputy Secretary to Government of that Department, ex-officio ;
(g) the Chairman, the Tamil Nadu Electricity Board, ex-officio ;
(h) the Managing Director, Poompuhar Shipping Corporation,, ex-dcio ;
(i) the Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, ex-officio;
I
Cj) the Managing Director, Corporation for Industrial Infrastructure Development Limited, ex-officio;
5
(k) one member who has experience of, and shows capacity in, matters !
relating to ports, shipping, maritime affairs or commorce or in the administration:
of such matters ; i
(1) bne member who possesses academic qualification in the subject of engineering and has wide experience p of . matters relating to harbour works ;
(n) one n e m b e r ~ h ' d $ '&-d ' ~ 0 ~ 6 d d f a d t or who possesses high academic qualiflcation in Accountancy d ~ h p bas sflcient experience in accounts pertaining to industj, commbrce, p8%''br *Shipping ; .
. "
, - (a) one member who possesses academic qualification in navigation lsuch as extra first class Ministry of Transport Ticket Holder (diesel or steam) and has experience in Marine plants, particularly with reference to credging or who .is an q expeiienced nautical officer ;I
(0) one member representing t h e i r ? ~ * ~ ~ t ~ of trade, commerce and industry ; .. . . . . ,
(p) one member representing the interest of shipping ;
1 .1 . 1 :,,* . . ' ., . ,
(q) one member representing ththe'idteresis of workers of minor ports ;
d ' (r) such other members, not exceeding four, as may bc appointed by the Government.
; (5) The Minister in-charge ot Transport shall also be the Chairman, ex-officio, and the Secretary to Government, Transport Department shall aho be the Vice- Chairman ex-officio, ot the Board.".
3. For section 5 of the principal Act, the following section shall be substitutc.d, namely ;-
'' 5. Term of office of non-official members.-Every non-official member shall hold office for a period of two years.".
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6. In section 15 of the principal Act, in clause (bb and in the proviso thereto, Amendment of for the expression " Chiel' Executive Officer ", the expression " Vice-Chairman" section 15. shall be substituted.
7. In section 17 of the principal Act, for sub-section (I), the following sub- Amendment of section shall be substituted, namely:- section 17.
8. Jn section 19 of the principal Act, the figure "(1)" shall be omitted. Amendment of s ection 19.
9. In section 109 of the principal Act, subsection (3) shall be ornitte . Amendment of s d o n 109.
10. In section 110 of the principal Act, in sub-section (I), clause (d) shall be Amendment of omitted. section 110.
11. In section 114 of the principal Act, for the expression " clauses (10) to (19)", Amendment of the expression " clauses (j) to (r) " shall be substituted. section 114. (By order of the Governor)
A. K. RAJAN,
:.ecretary to Government, Law Department. - . -- -- - --
P-D AND PUBLIhMU) BY THE DIRECTOR OF ST.4TWNERY AND PRINTING CHENNN~ - J ON BWQ OF THE GQV1812N)lrlBWT OF TAMIL NADU.
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