(1) This Act may be called the Maharashtra Maritime Board Act, 1996.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 4th October 1996.
(4) It applies to all the minor ports in the State to which the Indian Ports Act, 1908, applies on the date of the commencement of this Act and the State Government may, by notification in the Official Gazette, apply the provisions of this Act to any other minor port in the State to which the Indian Ports Act, 1908 is extended by the State Government under section 4 of that Act, and with effect from such date, as may be specified in the notification.
In this Act, unless the context otherwise requires,-
(a) "appointed day", in relation to any minor port, means the day on which this Act is made applicable to that port;
(b) "Board" means the Maharashtra Maritime Board constituted under section 3;
(c) "Board Security" means debentures, bonds or dock certificates issued by the Board in respect of any loan contracted by it under the provisions of this Act;
(d) "Chairman" means the Chairman of the Board appointed under section 3 and includes the person appointed under section 9 to act as the Chairman;
(e) "dock" includes all basins, locks, cuts, entrances, graving docks, graving blocks inclined planes, slipways, gridirons, moorings, transit sheds, warehouses, godowns, open plots and other works and things appertaining to any dock and also the portion of the sea enclosed or protected by the arms or groynes of harbour;
(f) "foreshore", in relation to a port, means the area between the high water mark and the low water mark relating to that port;
(g) "goods" includes livestock and every kind of movable property;
(h) "Government" or "State Government" means the Government of Maharashtra;
(i) "high water mark", in relation to a port, means a line drawn through the highest point reached by ordinary spring tides during any season of the year at that port;
(j) "immovable property" includes wharfage-rights and all other rights exercisable on, over or in respect of any land, wharf, dock or pier;
(k) "Indian Ports Act" means the Indian Ports Act, 1908 (15 of 1908);
(l) "land" includes the bed of sea or river below high water mark and also things attached to the earth or permanently fastened to anything attached to the earth;
(m) "low water mark", in relation to a port, means a line drawn through the lowest point reached by ordinary spring tides at any season of the year at that port;
(n) "master", in relation to any vessel or craft making use of any minor port means any person having for the time being in charge or control of such vessel or craft, as the ease may be, except a pilot, harbour master, dock master, or berthing master of the port;
(o) "member" means a member of the Board or its Committee, as the case maybe;
(p) "minor port" means a port other than a major port declared as such by the Central Government under any law;
(q) "owner",-
(i) in relation to goods, means and includes any consignor, consignee, shipper or agent for the sale, custody, loading or unloading of such goods, and
(ii) in relation to any vessel or craft making use of any port, means and includes any port owner, charterer, consignee or mortgagee in possession thereof;
(r) "pier" includes any stage, stair, landing place, hard jetty, floating barg or pontoon and any bridges or other works connected therewith;
(s) "port" means any minor port to which this Act applies within such limits as may, from time to time, be defined by the State Government under the Indian Ports Act;
(t) "port approaches", in relation to a port, means those parts of the navigable rivers and channels leading to the port in which the Indian Ports Act is in force;
(u) "prescribed" means prescribed by rules or regulations made under this Act;
(v) "public securities" means,-
(i) promissory notes, debentures, stock or other securities of the Central Government or of any State Government:
Provided that, securities both the principal and the interest whereof have been fully and unconditionally guaranteed by any such Government shall be deemed, for the purposes of this clause, to be the securities of that Government; and
(ii) debentures or other securities for money issued by or on behalf of any Municipal body, Improvement Trust or Port Trust under the authority of any law for the time being in force in the State and includes the Board Securities;
(w) "rate" means and includes any toll, dues, rent, fee or charge leviable under this Act;
(x) "regulations" means regulations made under this Act;
(y) "rules" means rules made under this Act;
(z) "State" means the State of Maharashtra;
(za) "vessel” includes anything made for the conveyance, mainly by water, of human being or of goods;
(zb) "wharf" includes any wall or stage and any part of the land or foreshore that may be used for loading or unloading goods for the embarkation or disembarkation of passengers and any wall enclosing or adjoining the same.
(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".
(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by the said name sue and be sued.
(3) The head-office of the Board shall be at such place as the State Government may, by notification in the Official Gazette, direct.
(4) The Board shall consist of the Chairman, the Vice-Chairman and not more than eleven other members to be appointed by the State Government, namely:-
1. See Maharashtra Government Gazette, Part IV-B (vide G.N. H.D No. ETP.1096/CR-133/TRA 5, dated 22nd November 1996 whereunder the Board has been established).
A person shall be disqualified for being appointed or for continuing as a member of the Board, if he,-
(a) has been removed or dismissed from the service of Central or State Government or of local authority or of a corporation owned or controlled by that Government;
(b) has been convicted for an offence involving moral turpitude; or (c) is an undischarged insolvent; or
(d) has directly or indirectly any share or interest in any work done by order of the Board or in any contract or employment with, by or on behalf of, the Board:
Provided that, no person shall be deemed to have share or interest in such work, contract or employment by reason only of his,-
(i) having a share in any company or firm which may contract with or be employed by or on behalf of the Board; or
(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board may be inserted; or
(iii) being interested in any loan of money to the Board; or (iv) having a share or interest in any lease, sale, exchange or purchase of immoveable property or any agreement for the same; or
(v) having a share or interest in any licence by the Board or right by agreement or otherwise with the Board, to the sole or preferential use of any premises or property belonging to the Board; or
(vi) having a share or interest in the occasional sale by the Board of a value not exceeding ten thousand rupees in any one financial year of any article in which he trades.
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,-
(a) is or has become subject to any disqualification mentioned in section 4; or
(b) refuses to act or becomes incapable of acting; or
(c) has, in the opinion of the Government, become incapable of representing the interests by virtue of which he was appointed; or
(d) is, without the permission of the Board previously obtained, absent from six consecutive meetings of the Board; or
(e) is absent from the meetings of the Board for a period exceeding six consecutive months;
(f) acts in contravention of the provisions of section 13.
(2) A non-official member of the Board may resign from his office by tendering his resignation in writing to the Chairman who shall forward the same to the Government, but the resignation shall not take effect until it is accepted by the Government.
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:
Provided that, where any vacancy occurs in the office of any such non-official member within three months preceding the date on which the term of the office of such member expires under section 5, it shall not be filled.
(2) A member appointed under sub-section (1) shall hold office so long only as the member in whose place he has been appointed would have held office if the vacancy had not occurred.
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.
(2) The Chairman, and in his absence the Vice-Chairman, and in the absence of both the Chairman as well as the Vice-Chairman, any person chosen by the members present from amongst themselves, shall preside at meetings of the Board.
(3) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and, in the case of equality of votes, the person presiding shall have a second or casting vote.
(4) The number of members necessary to constitute a quorum at a meeting shall be such as may be provided in the regulations and no business shall be transacted at any meeting unless the members constituting the quorum are present throughout such meeting.
(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.
(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 (including the quorum) as may be provided by regulations.
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:
Provided that,-
(a) no fees shall be payable to a member who is a Member of Parliament or State Legislature;
(b) any allowances payable to a member who is a Member of Parliament or State Legislature shall not exceed the compensatory allowance as defined in clause (a) of section 2 of the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959) or as the case may be, in the Explanation to entry 11 in Schedule I to the Maharashtra Legislature Members (Removal of Disqualifications) Act (Bom. LII of 1956).
A member of the Board or of a Committee thereof, who-
(i) has any direct or indirect pecuniary interest in any matter coming up for consideration at, a meeting of the Board or a Committee thereof, or
(ii) is interested professionally on behalf of a client or as agent for any person other than the Government or an undertaking owned or controlled by the Government or a local authority or a trade union registered under the Trade Unions Act, 1926 (16 of 1926) or member of an association formed for the purpose of promoting the interest or welfare of any class of employees of the Board, shall, as soon as possible after relevant circumstances have come to his knowledge disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minutes of the meeting of the Board or, as the case may be, the Committee, and the member shall not take part in any deliberation or decision of the Board or the Committee with respect to that matter.
No act or proceeding of the Board or of any of its Committees shall be invalid merely by reason of,-
(a) any vacancy therein or any defect in the constitution thereof;
(b) any disqualification of or any defect in the appointment of, a person acting as a member thereof; or
(c) any member having acted or taken part in any proceedings in contravention of section 13;
(d) any irregularity in its procedure not affecting merits of the case.
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.
(2) The Chief Executive Officer shall, as soon as possible, transmit to the Government a copy of the minutes of every meeting of the Board and shall furnish to the Government such reports, returns, documents or other information as it may, from time to time, call for.
(3) The Chief Executive Officer shall exercise supervision and control over the acts of all employees of the Board in the matters of executive administration and in matters concerning the accounts and records of the Board.
(1) The State Government shall appoint the Chief Executive Officer of the Board.
(2) The salary, allowances and other conditions of service of the Chief Executive Officer shall be such as may be prescribed by the rules.
(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.
(2) The Board may create such other posts and appoint such other officers and employees as it considers necessary for the efficient performance of the functions of the Board and determine by regulations their conditions of appointment and service and remuneration payable to them:
Provided that, no person shall be appointed as a pilot at any port who is not for the time being authorised by the State Government under the Indian Ports Act to pilot vessels at that port.
(3) The Board shall, from time to time, prepare and sanction a Schedule of the employees of the Board considered necessary, adequate and proper to maintain for the purposes of this Act and such Schedule shall indicate therein the designations and grades of employees and the salaries, fees and allowances which are proposed to be paid to them.
(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.
(2) Any officer or employee of the Board aggrieved by an order involving his reduction in rank, removal or dismissal may, within such time and in such manner as may be provided for by regulations, prefer an appeal to the State Government.
As from the appointed day in relation to any port,-
(a) all property, assets and funds and all rights to levy rates vested in the State Government for the purposes of the port, immediately before such day, shall vest in the Board;
(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the State Government immediately before such day, for or in connection with the purposes of the port shall be deemed to have been incurred, entered into and engaged to be done by, with, or for, the Board;
(c) all non-recurring expenditure incurred by the State Government for or in connection with the purposes of the port upto such day and declared to be capital expenditure by the State Government shall be treated as the capital provided by the Government to the Board;
(d) all rates, fees, rents and other sums of money due to the Government in relation to the port, immediately before such day, shall be deemed to be due to the Board;
(e) all suits and other legal proceedings instituted by or against the Government immediately before such day for any matter in relation to port, may be continued by or against the Board;
(f) every employee serving under the Government immediately before such day solely or mainly for or in connection with the affairs of the minor port shall be come an employee of the Board, and shall hold his office or service therein by the same tenure and upon the same terms and conditions of service as he would have held the same if the Board had not been established and shall continue to do so unless and until his employment in the Board is terminated or until his tenure, remuneration or terms and conditions of service are duly altered by the Board:
Provided that, the tenure, remuneration and terms and conditions of service of any such employee shall not be altered to his disadvantage without the previous sanction of the Government.
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:-
(a) Every contract shall be made on behalf of the Board by the Chief Executive Officer or an officer authorised by the Board.
(b) No contract for leasing waterfront, jetty, waterway and corresponding infrastructural facilities thereof for a term exceeding five years shall be made unless it is previously approved by the Government on such terms and conditions as it may thinks fit.
(c) No contract for the acquisition or sale of immoveable property or for the lease of any such property for a term exceeding thirty years, shall be made unless it is previously approved by the Government, on such terms and conditions as it may thinks fit.
(d) The form and manner of executing contracts on behalf of the Board shall be such as may be prescribed by rules.
(e) No contract which is not made in accordance with the provisions of this Act and the rules shall be binding on the Board.
(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,-
(a) Wharves, quays, docks, stages, jetties, piers, place of anchorage and other works within the port or port approaches or on the foreshore of the port or port approaches in the State, with all such convenient arches, drains, landing places, stairs, fences, roads, bridges, tunnels and approaches, and buildings required for the residence of the employees of the Board as the Board may consider necessary;
(b) buses, locomotives, rolling stock, sheds, hotels, warehouses and other accommodation for passengers and goods and other appliances for carrying passengers and for conveying, receiving and storing goods landed, or to be shipped or otherwise;
(c) moorings and cranes, scales and all other necessary means and appliances for loading and unloading of vessels;
(d) reclaiming, excavating, enclosing and 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 Act or otherwise for the purposes of this Act;
(e) such breakwaters and other works as may be expedient for protection of the port;
(f) dredgers and other machines for cleaning, widening, deepening and improving any portion of the port or port approaches or of the foreshore 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 State functions;
(h) vessels, tugs, boats, barges and launches and lighters for the use within the limits of the port or beyond those limits, whether in territorial waters or otherwise, for the purpose of towing or rendering assistance to any vessel whether entering or leaving the port or bound elsewhere and for the purpose of saving or protecting life or property and for the purposes of landing, shipping or transhipping passengers or goods under section 32;
(i) sinking of tubewells and equipment, maintenance and use of boats, barges and other appliances for the purpose of the supply of water at the port;
(j) engines and other appliances necessary for extinguishing of fires;
(k) lands abutting the sea coast including creeks;
(l) ferry boats and other works and equipment appertaining to the running ferry service at or between the ports;
(m) construction of models and plans for carrying out hydraulic studies;
(n) dry docks, slipways, boat basins and workshop to carry out repairs or overhauling of vessels, tugs, boats, machinery or other appliances.
(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.
(2) The Board may, if it considers necessary or expedient in the public interest so to do, lend any of its vessels or appliances or the services of any of its employees 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 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.
(2) As from the date of the publication of such notification for the third time it shall be lawful for the Board, from time to time, when there is room at such dock, berth, wharf, quay, stage, jetty or pier, to order to come alongside of such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for the purpose of landing and shipping goods or passengers or for landing or for shipping the same any sea-going vessel within the post or port approaches which has not commenced to discharge goods or passengers or which being about to take in goods or passengers has not commenced to do so:
Provided that, before making such order the Board shall have regard, as far as possible, to the convenience of such vessel and of the shippers in respect of the rule of any particular dock, berth, wharf, quay, stage, jetty, pier or place of anchorage:
Provided further that, if the Board is not the Conservator of the Port, the Board shall not itself make the order as aforesaid but shall require the Conservator of the Port or other person exercising the rights, powers and authorities of the Conservator of the Port to make such order.
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:
Provided that, in the case of a vessel ordered to be removed, such charge shall not commence to be made till after the expiry of twelve hours from the service of such notice as aforesaid on the master or owner or agent of the vessel.
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,-
(i) declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing or shipment of goods or passengers from or on vessels not being sea-going vessels; and
(ii) direct that within certain limits to be specified therein it shall not be lawful without the express sanction of the Board, to land or ship any goods or passengers out of, or into, any vessel not being sea-going vessel of any class, specified in such order, except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage.
(2) As from the date of the publication of the order mentioned in sub-section (1), it shall not be lawful, without the consent of the Board, for any vessel of such class,-
(i) to land or ship any goods or passengers at any place within the limits so specified except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage;
(ii) while within such limits, to anchor fasten or lie within fifty yards of the ordinary low-water mark.
(3) If after the publication of such order, any such vessel, while within the limits so specified, so anchor, fasten or lie, it shall be lawful for the Board to cause the same to be removed out of the said limits at the expense of the master or owner or agent of the vessel.
(1) The Board shall have power to undertake the following services :-
(a) stevedoring, landing, shipping or transhipping passengers and goods by between vessels in port and the wharves, piers, quays or docks belonging to or in the possession of the Board;
(b) receiving, removing, shifting, transporting, storing or delivering goods brought within the Boards premises;
(c) carrying passengers within the limits of the port or port approaches, by such means and subject to such restrictions and conditions as the State Government may think fit to impose; and
(d) piloting, hauling, mooring, remooring, hooking or measuring of vessels or any other service in respect of vessels.
(2) The Board may, if so requested by the owner, take charge of the goods for the purpose of performing the service or services and shall give a receipt in such form as the Board may specify.
(3) Notwithstanding anything contained in this section, the Board may authorise any person to perform any of the services mentioned in sub-section (1) on such terms and conditions as may be agreed upon.
(4) No person authorised under sub-section (3) shall charge or recover for such service any sum in excess of the amount leviable according to the scale framed under sections 37, 38 or 40.
(5) Any such person shall, if so required by the owner, perform in respect of the goods any of the services and for that purpose take charge of the goods and give a receipt in such form as the Board may specify.
(6) The responsibility of any such person for the loss, destruction or deterioration of goods of which he has taken charge shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Contract Act, 1872 (9 of 1872).
(7) After any goods have been taken charge of and a receipt given for them under this section, no liability for any loss or damage which may occur to them shall attach to any person to whom a receipt has been given or to the master or owner of the vessel from which the goods have been landed or transhipped.