(1) This Act may be called the Maharashtra Maritime Board Act, 1996.
In this Act, unless the context otherwise requires,-
(1) As soon as may be after the commencement of this Act, the Government may, 1by notification in the Official Gazette, establish a Board to be called "The Maharashtra Maritime Board".
| (a) | Minister, Ports | ex officio | Chairman. |
| (b) | Minister of State, Ports | ex officio | Vice- Chairman. |
| (c) | Secretary to Government, Home, Department (Transport) | ex officio | Member. |
| (d) | Secretary to Government, Finance Department | ex officio | Member. |
| (e) | Secretary to Government, Industries Department | ex officio | Member. |
| (f) | One representative from the Indian Navy to be nominated by the Central Government | ex officio | Member. |
| (g) | not more than six non-official members to be appointed from amongst the persons who, in the opinion of the Government have experience of, and shown capacity in, one or more of the following fields, namely : (i) ports, shipping, maritime affairs or commerce, or in the administration of such matters; (ii) engineering and harbour works; (iii) accounts pertaining to industry. commerce, ports or shipping; (iv) navigation, particularly with reference to dredging and hydro logical survey; (v) trade, commerce and industry; (vi) representing the interests of workers of minor ports; and | non official | Members. |
| (h) | Chief Executive Officer of the Board appointed under section 17. | ex officio | Member- Secretary. |
A person shall be disqualified for being appointed or for continuing as a member of the Board, if he,-
Subject to the provisions of this Act, the non-official members of the Board shall hold office during the pleasure of the Government and in any case for a period not exceeding three years.
(1) The Government shall remove a member of the Board, if he,-
Any person ceasing to be a member shall, unless disqualified under section 4, be eligible for reappointment.
Any vacancy in the office of the non-official members of the Board shall be filled as early as possible in the like manner as if the appointment were being made for the first time under the relevant clause:
If the Chairman is absent on leave or otherwise, the Vice-Chairman and in the absence of both the Chairman as well as the Vice-Chairman, such person as the State Government may appoint, shall act as the Chairman.
(1) The Board shall hold meetings at such times and places and shall subject to the provisions of sub-sections (2), (3) and (4) follow such procedure in regard to the transaction of business at its meetings as provided by the regulations.
(1) The Board may, from time to time, constitute from amongst its members one or more Committees, consisting of such number as the Board may consider necessary, for the purpose of discharging such of its duties and functions as may be delegated to such Committee or Committees by the Board.
The non-official members shall be paid by the Board such fees and allowances for attending meetings of the Board or of any of its Committees and for attending to any work of the Board as may be prescribed by rules:
A member of the Board or of a Committee thereof, who-
No act or proceeding of the Board or of any of its Committees shall be invalid merely by reason of,-
The Board may, with the previous approval of the State Government, direct that such of the powers and duties conferred or imposed upon the Board by or under this Act as may be specified in such direction, may also be exercised or performed by the Chief Executive Officer subject to such conditions and restrictions as may be specified in such direction.
(1) It shall be the duty of the Chairman, the Vice-Chairman and the Chief Executive Officer to attend every meeting of the Board unless prevented by sickness or other reasonable cause.
(1) The State Government shall appoint the Chief Executive Officer of the Board.
(1) The Board shall, with the previous sanction of the State Government, appoint a person possessing the qualification prescribed by rules, to be the Financial Controller-cum-Chief Accounts Officer. The State Government may sanction such appointment on such terms and conditions as it thinks fit.
(1) Subject to any regulations, the power of granting extension of service to, of granting leave to, suspending, reducing, removing or dismissing or of disposing of any other question relating to the services of the employees of the Board including the power of dispensing with the services of any such employee otherwise than by reason of the misconduct of such employee, shall be exercised by the Board or such authority as may be laid down by regulations.
As from the appointed day in relation to any port,-
As from the appointed day, all rates, fees and other charges in relation to any port, shall unless and until varied in accordance with the provisions of this Act, continue to be levied and collected, at the same rate at which they were being levied and collected by the State Government before such day.
The Board shall repay, at such intervals and on such terms and conditions as the Government may determine, the amount which is treated under clause (c) of section 20 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 interest shall be deemed to be a part of the expenditure of the Board.
Where any land is required for the purposes of the Board, the Government may, at the request of the Board, procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894 (I of 1894), and on payment by the Board of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the Board.
With respect to the making of contracts by the Board for the purposes of this Act, the following provisions shall have effect, namely:-
(1) The Board may, subject to any other law for the time being in force, execute such works, within or without the limits of port and provide such appliances as it may deem necessary or expedient. (2) Such works and appliances may include,-
(1) The Board may undertake to carry out on behalf of any person any works or services or any class of works or services, on such terms and conditions as may be agreed upon between the Board and the person concerned.
(1) When any dock, berth, wharf, quay, stage, jetty or pier erected at any port or port approaches under the provisions of this Act has been completed with sufficient Warehouses, sheds and appliances for receiving, landing or shipping goods or passengers from and upon sea-going vessels, the Board may, after obtaining the approval of the Collector of Customs and by notification published in three consecutive issues of the Official Gazette, declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing and shipping or for landing or for shipping goods or passengers from and upon sea-going vessels.
When sufficient number of docks, berths, wharves, quays, stages, jetties or piers have been provided at any port or port approaches as aforesaid, the Board may, after obtaining the approval of the Collector of Customs and by notification published in three consecutive issues of the Official Gazette, direct that no goods or passengers shall be landed or shipped from or upon any sea-going vessel within the minor port or port approaches otherwise than at such docks, berths, wharves, quays, stages, jetties or piers, except with the sanction of the Board and in accordance with such conditions as the Board may specify.
Any officer appointed by the Board in this behalf, may, in cases of emergency or for any reason which appears to him sufficient, by notice in writing, order the master or owner or agent of any sea-going vessel not to bring such vessel alongside of, or to remove such vessel from, any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage belonging to or under the control of the Board and if, such notice is not complied with, the Board may charge in respect of such vessel such sum as it thinks fit, not exceeding one thousand rupees for each day of twenty-four hours or portion of such day, during which such vessel remains at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage:
Notwithstanding anything contained in section 27 or 28, the Government may, if in its opinion it is necessary in the public interest so to do, by general or to special order, from time to time, permit certain specified vessels or classes of vessels to discharge or ship goods or certain specified goods or classes of goods at such place in a port or within the port approaches, in such manner, during such period and subject to such payments to the Board and on such conditions as the Government may think fit.
(1) When any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for receiving, landing or shipment of goods or passengers from or upon vessels, not being sea-going vessels, has been made and completed with all proper appliances in that behalf, the Board may, after obtaining the approval of the Collector of vessels Customs, by order published in the Official Gazette,-
(1) The Board shall have power to undertake the following services :-
(1) Subject to the provisions of this Act, the responsibility of the Board for the loss, destruction or deterioration of goods of which it has taken charge shall,-
(1) Where the Collector of Customs has, under the provisions of any Act for the levy of duties of customs, appointed any dock, berth, wharf, quay, stage, jetty, pier, place of anchorage, warehouse of shed or a portion of any warehouse or shed provided at any port under the provisions of this Act for the use of sea-going vessels to be an approved place for the landing or shipping of goods or a warehouse for the storing of dutiable goods on the first imports thereof without payment of duty, within the meaning of the first-mentioned Act, the Board shall set apart and maintain such place on or adjoining such dock, wharf, quay, stage, jetty, pier or a place of anchorage or in such warehouse or shed or portion thereof, for the use of officers of Customs as may be necessary.
(1) No person shall make, erect or fix within the limits of a port or port approaches any wharf, dock, quay, stage, jetty, pier, erection or mooring or undertakes any reclamation of foreshore within the said limits except with the previous permission in writing of the Board and subject to such terms and conditions, if any, as the Board may specify.
(1) Where as a result of an order published under section 28, or section 31 the use of any wharf, dock, berth, quay, stage, jetty, pier or place of anchorage, made, fixed or erected by any person is rendered unlawful, the Board may, after hearing the person concerned by order, close, remove, fill up or destroy such wharf, dock, berth, quay, stage, jetty, pier or place of anchorage, or permit the use thereof to such person on payment of such rates and charges as the Board may, with the previous sanction of the State Government, determine.
(1) The Board shall, from time to time, frame by regulations a scale of rates at which and a statement of the conditions under which, any of the services specified hereunder shall be performed by itself or any person authorised under section 32 at or in relation to port or port approaches,-
(1) The Board shall, from time to time, also frame a scale of rates on payment of which and a statement of conditions under which any property belonging to, or in the possession or occupation of the Board or, any place within the limits of the port or port approaches may be used for the purposes specified hereunder,-
The Board may, from time to time, frame a consolidated scale of rates for any combination of the services specified in section 37 or for any combination of such service or services with any use or permission to use any property belonging to or in the possession or occupation of, the Board, as specified in section 38.
In framing scales of rates under any of the foregoing provisions of this Chapter, the Board may prescribe a lower rate in respect of,-
Every scale of rates and every statement of conditions framed by the Board under the foregoing provisions of this Chapter shall be submitted to the Government for sanction and shall have effect when so sanctioned and published by the Board in the Official Gazette.
(1) Whenever the Government considers it necessary in the public interest so to do, it may, by order in writing, direct the Board to cancel any of the scales in force or modify the same within such period as it may specify.
The Board may, in special cases, and for reasons to be recorded in writing, exempt either wholly or partly any goods, vehicles, or vessels or class of goods, of vehicles or vessels from the payment of any rate or of any charge leviable in respect thereof according to any scale of rates in force under this Act or remit the whole any portion of such rate or charge so levied.
No person shall be entitled to a refund of an excess charge made by the Board unless his claim to the refund has been preferred in writing by him or on his behalf to the Board within six months from the date of payment duly supported by all original relevant documents:
(1) When the Board is satisfied that any charge leviable under this Chapter has been short levied or erroneously refunded, it may issue a notice to the person who is liable to pay such charge or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice:
The rates in respect of goods to be landed shall be payable immediately on the landing of the goods and rates in respect of goods to be removed from the premises of the Board or to be shipped for export or to be transhipped shall be payable before the goods are removed, shipped or transhipped.
(1) For the amount of all rates leviable by the Board under this Act, in respect of any goods and for the rent due to the Board for any building, plinths stacking areas or other premises on or in which any goods may have been placed the Board shall have a lien on such goods and may seize and detain the same until such rates and rent are fully paid.
(1) If the master or owner of any vessel or his agent at or before the time of landing from such vessels any goods at any dock, wharf, quay, stage, jetty, berth, mooring or pier belonging to, or in occupation of, the Board, gives to the Board a notice in writing that such goods are to remain subject to a lien for freight or other charges payable to the ship-owner, to an amount to be mentioned in such notice, such goods shall continue to be liable to such lien to such amount.
(1) The Board may, after the expiry of two months from the time when any goods have passed into its custody, or in the case of animals and perishable or hazardous goods after the expiry of such shorter period not being less than twenty four hours after the landing of the animals or goods as the Board may think fit, sell by public auction or in such cases as the Board considers it necessary so to for do, for reasons to be recorded in writing, sell by tender, private agreement or in any other manner such goods or so much thereof as in the opinion of the Board may be necessary,-
(1) Notwithstanding anything contained in this Act, where any goods placed in the custody of the Board upon the landing thereof are not removed by the owner or other person entitled thereto from the premises of the Board within one month from the date on which such goods were placed in their custody the Board may, if the address of such owner or person is known, cause a notice to be served upon him by letter delivered at such address or sent by post, or if the notice cannot be so served upon him or his address is not known, cause a notice to be published in the Official Gazette, and also in at least one of the principal local daily newspaper requiring him to remove the goods forthwith and starting that in default of compliance therewith the goods are liable to be sold by public auction or by tender agreement or in any other manner:
(1) The proceeds of every sale under section 49 or section 50 shall be applied in the following order :-
(1) If the master of any vessel in respect of which any rates or penalties are payable under this Act, or under any regulations or orders made in pursuance thereof, refuses or neglects to pay the same or any part thereof on demand, the Board may distrain or arrest such vessel and tackle, apparel and furniture belonging there to or any part thereof and detain the same until the amount so due to the Board, together with such further amount as may accrue for any period during which the vessel is under distraint or arrest, is paid.
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-
(1) The Board may raise loans, with the previous sanction of the Government on such terms and conditions as may be prescribed by rules by Government for the purposes of this Act.
(1) The Board, may with the sanction of the Government, prescribed by regulations the form in which the Securities of the Board shall be issued by the Board and the mode in which, and the conditions subject to which, they may be transferred.
(1) Notwithstanding anything contained in section 45 of the Contract Act, 1872 (9 of 1872),-
Where two or more persons are joint holders of any Board Security, any one of those persons may give an effectual receipt for any interest payable in respect of such security unless notice to the contrary has been given to the Board by any other holders.
Notwithstanding anything contained in section 15 of the Negotiable Instruments Act, 1881 (26 of 1881), no endorsement of a Board Security which is transferable by endorsement shall be valid unless made under the signature of the holder inscribed on the back of the security itself.
Notwithstanding anything contained in the Negotiable Instruments Act, 1881 (26 of 1881), a person shall not be, by reason only of his having endorsed any Board security, liable to pay any money due either as principal or as interest thereunder.
(1) The signature of the person authorised to sign the Board Securities on behalf of the Board, may be printed, engraved or lithographed or impressed by such mechanical process as the Board may direct.
(1) When any Board Security is alleged to have been lost, stolen or destroyed either wholly or in part and a person claims to be the person to whom but for the loss, theft or destruction it would be payable, he may, on application to the Board and on producing proof to its satisfaction of the loss, theft or destruction and of the justice of the claim, and on payment of such fee, if any, as may be prescribed by regulations, obtain from the Board an order for,-
(1) The Board may, subject to such conditions as it may prescribe by regulation on the application of a person claiming to be entitled to Board Security or securities issued by it, on being satisfied of the justice of the claim and on delivery of the security or securities receipted in such manner and on payment of such fee, if any, as it may prescribe by regulation, convert, consolidate or sub-divide the security or securities, and issue to the applicant a new security or securities, accordingly.
Notwithstanding anything contained in the Limitation Act, 1963 (36 of 1963),-
All loans raised by the Board under this Act shall be a first charge on,-
The Government shall have in respect of loans made by it to the Board the same remedies as holders of Board Securities issued by the Board; and Government shall not be deemed to possess any prior or greater tight in respect of such loans than holders of such Board Securities:
The Board may, with the previous sanction of Government, apply any sums out of moneys which may come into its hands under the provisions of this Act and which can be so applied without prejudicing the security of the other holders of the Board Securities in repaying to Government any sum which may remain due to it in respect of the principal of any loan although the time fixed for the repayment of the same may not have arrived:
(1) If in respect of a loan raised by the Board under this Act, which is not repayable before the expiration of one year from date of the loan, the Government by an order in writing so directs, the Board shall set apart half yearly, out of its income, as a sinking fund, a sum sufficient to liquidate the loan within a period which shall not in any case, unless the previous consent of the Government has been obtained, exceed twenty-five years; but the maximum period shall not in any case exceed forty years:
(1) The sums so set apart by the Board under sub-section (1) of section 67 and the sums forming part of any sinking fund referred to in sub-section (2) that section shall be invested in public securities or in such other securities as the Government may approve in this behalf and shall be held by the Board in trust for the purposes of this Act.
(1) A sinking fund established for the liquidation of any loan shall be subject to annual examination by such person as may be appointed by the Government in this behalf and the person so appointed shall ascertain whether the cash and the current market value of the securities at the credit of the fund are actually equal to the amount which would have been accumulated if, investment had been regularly made and the rate of interest as originally estimated had been obtained thereon.
Nothing contained in this Act shall be deemed to affect the power of the to Board to raise loans under the Local Authorities Loans Act, 1914 (9 of 1914).
Notwithstanding anything contained in this Act, the Board may,-
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 as may be approved by that Government, raise for the purposes of this Act, loans in any currency or currencies from the International Bank of Reconstruction and Development or from any other Bank or Institution in any country outside India, and no other provision of this Chapter shall apply to or in relation to any such loan unless the terms and conditions of the loan or the approval thereof by the Government otherwise provide.
The Board shall have and maintain its own fund called the General Fund of the Board to which shall be credited all moneys received by or on behalf of the Board under the provisions of this Act and all moneys received by it from the Government by way of grants, subventions, loans and advances, and as the Conservator of the Ports and of their approaches or as the body appointed under section 36 of the Indian Ports Act.
(1) The moneys credited to the General Fund under section 73 shall be applied by the Board in payment of the following charges, namely :
The Board may, with the previous sanction of the Government, apply any sum out of the moneys credited to the General of the Board towards meeting deficits, if any, in the particular or specified accounts such as pilotage account if so maintained or transfer the whole or part of any surplus funds in such particulars accounts to the General Fund of the Board.
The Board may from time to time, set apart such sums out of its surplus income as it thinks fit as a reserve fund or funds for the purpose of expanding existing facilities or creating new facilities at the ports or for the purpose of providing against any temporary decrease of revenue or increase of expenditure arising from transient causes or for purposes of replacement or for meeting expenditure arising from loss or damage from fire cyclones shipwrecks or other accident or for any other emergency arising in the ordinary conduct of its works under this Act:
(1) For the purposes of any investment which the Board is authorised to make under this Act, it shall be lawful for the Board to reserve and set apart any securities to be issued by it on account of any loan to which the consent of the Government has been given, provided that the intention to so reserve and set apart such securities has been notified as a condition to the issue of the loan.
(1) No expenditure shall be charged by the Board to capital without the previous sanction of the Government: Provided that the Board may without such sanction charge to capital expenditure not exceeding such limit as may be specified and subject to such conditions as may be imposed by the Government.
(1) No new work or appliance, the estimated cost of which exceeds such amount as may be fixed by the Government in this behalf, shall be commenced or provided by the Board nor shall any contract be entered into by the Board in respect of any such new work or appliance until a plan of an estimate for such work or appliance has been submitted to, and approved by the Board; and in case the estimated cost of any such new work or appliance exceeds such amount, as may, from time to time, be fixed by the Government in this behalf, sanction of the Government to the plan and estimate shall be obtained before such work is commenced or appliance provided.
Notwithstanding anything contained in section 79, the Chief Executive Officer may direct the execution of any work the cost of which does not exceed such maximum limit as may be fixed by the Government in that behalf and may enter into contracts for the execution of such works but in every such case the Chief Executive Officer shall, as soon as possible, make a report to the Board of any such of direction given or contract entered into by him.
The Board may compound or compromise any claim or demand or any action or suit instituted by or against it for such sum of money or other compensation as it deems sufficient:
(1) Subject to such conditions as may be specified by the Government, where the Board is of opinion that any amount due or any loss, whether of money or of property, incurred by the Board is irrecoverable, the Board may, with the previous approval of the Government, sanction the writing-off finally of the said amount or loss:
All the powers, authorities and restrictions in respect of the work authorised under this Act, shall apply to the works which may be executed by the Board as the Conservator of the port or as the body appointed under sub-section (1) of section 36 of the Indian Ports Act and also to the sanction of such works, the estimate there for and the expenditure thereunder.
(1) The Board shall on or before the thirty-first day of January in each year, hold a special meeting at which the Chairman of the Board shall submit an estimate of the income and expenditure of the Board for the next financial year in such form as the Government may specify.
The Board may in the course of any year for which an estimate has been sanctioned by the State Government cause one or more supplementary estimates for the residue of such year to be prepared and the provisions of section 84 shall, so far as may be, apply to such estimate as if it were an original annual estimate.
Subject to any directions which the Government may give in this behalf any sum of money or part thereof, of which the expenditure has been authorised in an estimate for the time being in force sanctioned, by the Government and which has not been so spent, may at any time be reappropriated by the Board to meet any excess in any other expenditure authorised in the said estimate.
(1) Subject to the provision of section 86, no sum exceeding such amount the Government may fix in this behalf shall, save in cases of emergency, be expended by, or on behalf of, the Board unless such sum is included in some estimate of the Board at time in force which has been finally sanctioned by the Government.
(1) The Board shall maintain proper accounts and other relevant records and prepare the annual statement of account including the balance-sheet in such form as may be approved by the Government.
(1) Within fourteen days after the audit and examination of the accounts of the Board have been completed, the Auditor shall forward copies of the audit report to the Government and to the Board.
The Board shall forthwith take into consideration any defects or irregularities that may be pointed out by the Auditor, in the audit report on the income and remedy and expenditure of the Board and shall take such action thereon as the Board may think fit and shall also send a report of the action so taken to the Government.
If there is a difference of opinion between the Board and the Auditor on any point included in the audit report, and the Board is unable to accept and implement the recommendations, if any, made by him on such point, the matter shall forthwith be referred to the Government which shall pass final orders thereon and the Board and shall be bound to give effect to such orders.
(1) As soon as may be after the first day of April in every year and not later than such date as may be fixed in this behalf by the Government, the Board shall submit to the Government a detailed report of the administration of the ports during the preceding year ending on the thirty-first day of March, in such form as the State Government may direct.
(1) The Board shall annually, or after, or if directed by the Government so to do, submit statement of its income and expenditure in such form and at such time as the Government may direct.
(1) If, at any time, the Government is of opinion,-
(1) Without prejudice to the foregoing provisions of this Chapter, the Board shall, in the discharge of its functions under this Act, be bound by such direction on question of policy, as the Government may give in writing to it from time to time:
Every persons employed by the Board under this Act shall, of the purpose of sections 161 to l7l (both inclusive), 184, l85 and 409 of the Indian Penal Code (XLV of 1860), and for the purposes of the Prevention of Corruption Act, 1988 (49 of 1988), be deemed to be a public servant within the meaning of section 21 of the said Code.
Whoever contravenes the provision of any order issued under sections 27, 28 or 29 or fails to comply with any condition imposed under section 30 shall, on condition, be punishable with fine which may extend to five thousand rupee and where the contravention or failure is a continuing one with further fine which may extend to five hundred rupees for each day after the first, during which such contravention or failure continues.
Any person who contravenes the provisions of section 35 shall, on conviction, be punishable with fine which may extend to five thousand rupees for the first contravention; and with a further fine which may extend to five hundred rupees for each day after the first during which the contravention continues.
Any person who with the intention of evading payment of the rates lawfully due in respect of any goods or vessels carrying any goods, to the Board,-
If, through negligence of any person having the guidance or command of any vessel, or of any of mariner or persons employed on such vessel, any damage is caused to any dock, wharf, quay, mooring, stage, jetty, pier or other work in the possession of the Board or any movable property belonging to the Board, the amount of such damage shall, on the application of the Board, be recoverable together with the cost of such recovery by distress and sale under a Magistrate's warrant, of a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores belonging to such vessel:
Any person who contravenes any of the provisions of this Act, or of any rule, regulation or order made thereunder for the contravention of which no penalty is expressly provided thereunder, shall, on conviction, be punishable with fine which may extend to one thousand rupees.
No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence punishable under this Act or any rule or regulation made thereunder.
(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
(1) The Government may, from time to time, constitute for such ports as it may determine Local Advisory Committees, consisting of such number of persons as it may think fit in each case and on such terms and conditions as may be prescribed by rules.
No suit or other proceeding shall be commenced against the Board or any member or employee thereof for anything done, or purporting to have been done in pursuance of this Act until the expiration of one month after notice in writing has been given to the Board or to such member or employee stating the cause of action or after six months after the accrual of the cause of action.
No suit or other legal proceeding shall lie against the Board or any member or employee thereof in respect of anything which is in good faith done or intended to be done under this Act or any rule 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.
(1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
The Board may, with the previous approval of the Government, make regulations consistent with this Act, and the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power such regulations may provide for all or any of the following matters, namely :-
(1) No regulation made by the Road under this Act shall have effect until the same has been published by the Board in the Official Gazette.
(1) Whenever the Government considers necessary in the public interest so to do, it may, by order in writing therefor, direct the Board to make any regulations for all or any of the matters specified in section 108 or to amend any regulations, within such period as the State Government may specify in this behalf:
Notwithstanding anything contained in this Act, the first regulations under this Act shall be made by the Government and shall have effect on being published in the Official Gazette.
The text of the regulations made under clauses (10) to (19) of section 108 and the scale of rates framed together with a statement of conditions framed by the Board under Chapter VI shall be prominently posted by the Board in Marathi and English on special boards to be maintained for the purpose at the wharves, docks, piers and other convenient places on the premises of the Board.
Nothing in this Act shall affect,-
The provisions of this Act shall also apply to all air crafts making use of any port while on water in the same manner as they apply in relation to vessels.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by general or special order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty:
Section 5A of the Indian Ports Act, 1908 (15 of 1908), inserted therein in its application to the State of Maharashtra, shall stand deleted.
On applications of this Act to any minor port, the Bombay Landing and Wharfage Fees Act, 1882 (Bom. VII of 1882), shall stand repealed in relation to that port: Provided that, such repeal shall not affect,-
(1) The Maharashtra Maritime Board Ordinance, 1996 (Mah. Ord. XVI of 1996) is hereby repealed.