ORL9w ACT 3[1 OF a 6 2 THE 0-A PORT TRUST ACT, 1962
CHAPTER 1
B R I U M ~ ~ E ~
SECTIONS
1 , Short tidc, extent and wmenkmwt
2 Dehit i~ns
CHAPTER II
.m Born OF mus'rm
3. Establishment and iucarporatioa of tho ,~odrd
4. Composition of the Board
5. Temi of OEce
6. Constitution of k t Board and filling up a m 1 vasancy
< -
7. Temporary absence of Trusttcs
8. D i s q ~ w t i o n for oece of Trustee
9. Remuneration and other conditions of service of Chairman and Vice-
: (=-. ,-
10. Fees payable to Chairman, Vice-chairman and other Trustees 1 1. Mettings of the Board
12. Minutes of proceedings and authtntimtion of orders and decision of Board
13. Constitution and conduct of business of Standing Committees
14. Restriction on power of Tnutces to vote or discus matters in wbich they arC intemted.
15. eli id ti on of Acts and P r d i n g s
16. hlt@tion of powers b the C b a n
1;
1
OFFICERS AND S ~ R V A ~ S OTHER THAN THB CHAIRMAN AND V X C ~ C ~ R ~ ~ A N 18, Schedule of Bead's Staff
19, DisquaIiEcatioh for appointment as Officer or Scrvant
20. Regulations relaring to recruitment and conditions of service
21. Power to appoiiit, punish qr graut leave ta Officers a d Servants
22. Powers to dispense with senices and to permit retirement in certain.casm
CHAPTER IV
PROPERTY AND &NTRACTS
23. Propmy vested in Board
24. Powers to acquire, bold or alienate property
25. Application of ' h n d Acquisition Act, 2 894
26. Bar to acquisition of rights by the public
27. Contracts by t h e Board
CHAPTER Y
WORKS AND SPWYICES
28, Works and appliances
29. Sea-going vessels compelIed to use wharves, etc.
30. If accommodation suficient, all sen-going vessels cornpelfed to use wharves, etc.
31. Power to prder vessels not to come alongside-of or 10 be remove-d .
from wharves, etc.
32. Power of Government to exempt from. obfigation to use wharves, eic. ~d to require preference to be given to Government vessels.
33. Power to order survey or examination of works
34. Power of Government to testore or mmplete works at the cost of 'Ibe Board.
35. Performance of setvices by the Board
36. Obligation to render d a i n imices if required byr p m a of g ~ o d s 37, Responsibility of Hoard for loss, etc. of goods 38, Relinquishmtnt of scrvioes subject td the control of the Government 39, Psdosmance of services by persons to whom the sebices haw been -
relinquished by the Board. -
2
SEcrroNs
CHAPTER VI
RBVBNUB, EXPBND~TUBB, ACCOUNTS AND AUDIT Saclrons
10" C~nstitution of a Part Trust Fund
41. Fund to be kept in State-
42. Application of the Fund
43. 1 mergent expenditurt
49. Reserve Fund
45. Charge in &pita1 Account
46. Works requjring sanction of Board or Government
47. Budget Estimate
48. Form and Circulation of Budget Estimates
49. Adoption of estimates by Board . .
50. Approval of estimates by Government 5 1.. Supplementary Estimates
52. Restriction of expenditure to Budget grant .
53. Board's power to s p n d beyond approved atiniatss
54. Auditors j6. - Power to raise loans 57 .Period witbin which loans to be repaid
58. Port Trust Securities I
59. Indian SecuritiG Act, 1920 applicable to port Trust Securities
' 60. Power to m&e regulations 61 .- Security for loans
62. Rcmdes of Goveramcnt in respect of loans made to / Board
63. Power to repay loads before due date
- 64. Establishment of sinking fund
3
SEC~IONS
65. Investment and application of sinkrng fund
66. Examination of sinking fund
67. Priority of payment of interest and repayment of loan over other paymcnb
68. Power to raise loans under the Local Authmities Loans AF.t, 1914
CHAPTER VIII
LEW AND RECOVERY OP
59. Dues leviable under the Orissa Ports' Regulation, I937 to continue
70. Scale of rates
71. Scale of rates for particular services, benefits and uses
72. Consolidated rates for combination of seriiccs
73. Prior sanction of Governat to such scales
74. Refund of overchargcs
15. Bower to increase rates to cover deficiency af revenue
76. Power of Government to enhance rates iCBoard fails to do sa
77. Board not to Iease rates without sanction 78.- Fines and penalties payable to Board
79. Payment of balance of Port Fund to Board
80. Time for payment of rates on goods
81. Lien of rates
82. PriGrity of lien of Board over other Iiens and @aims
73. Preservation of lien for freight after goods are I andd
84. Retention of such goods until lien is discharged
85. Discharge of shipowner's lien for freight
86. Sale of goods after two months if rated or rents arc not paid or lien for freight is not discharged.
87. Notice of sale
88. Notice or sde to owner
89. Application of s a l e - p r d s
90. Recovery of rat i s and charges by distraint of vwsel , .
91. Grant -of por t-clearance after payment of rates
92. Alternative remedy by suit
4
505
S E C ~ ~ O N ~ CHAPTER fX
94. App ointment of Pilots
95. Rules and Regulations regarding Pilots
96. Expenditure on Pilotage
CHAPTER X
97. Power. of Government to make rules under the Act
98. Regulations when to takt effect
99. Power to frame bye-law6
100. Bye-Iaws when to have tffcct WI. ~&al t ies for infringemeat of byelaws 102.. Exhibition of bye-law and scales of rates ahd charps
- .
1 03. Cancellation of byelaws 104, Penalty for -being interested in contracts with Board
105. Penalty for obtaining i11egd gratification
106. Penalty for refusing or neglecting to appear before an auditor aC accounts, etc.
107. penalty for infringement of section 29, 30 or 32
108. Penal@ for depositing filth, etc. on the wharves or fore-shore
109. Penalty for setting up wharves, quays, etc., without permission1 -1 10. Penalty for understating quantity or 'weight of goods or incorrectly des- crib'i them.
11 1. Pendty for evading &ta, etc.
112. Recovery of value of damage to property of Board 1 13,. ~ognizdceaf off- against Act or bye-law
, 1 14. Saving of power of Customs Collector under exijting Iaw
15. Limitation of proceeding in respect of things done under the Act 1 16. Saving of liability of Board for acts of officers or sen&
117. Submission of $turns and information to Ctovenunwt 11s. Power of ~ o v e r h t n t to take possession of works and copculof Board.
'[ THE O m S A PORT TRUST ACT, 1962 1 [ Received the assent of the President on the 4th November 1962, fist published in an extraorrli- nary issue of the Orissa Gazette, dated the 15th November 1962 1
AN ACT TO PROVIDE FOR THE REGULATION, DEVELOPMENT^
MANAGEMENT AND ADMINISTRATION OF PORTS W l m
THB STATE OF ORISSA
&-it enacted by the Legislature of the St,ate of Orissa in the Thirteenth year of the Repubfic of
India as follows :-
1, ( I ) This Act may be called the Orissa Port short title. Trust Act, 1962.- extent and c o ~ c n c t - mont,
(2) It extends to the whole of the State of Orissa.
(3) It shaU come into force on such date as the
Goverpment may, by macat ion, appoint and different dates may be appointed in respect of different ports.
- 2. In this Act, unless' 'the context otherwise Definitions requires-
(]) "Board" in respect of any port means the Board of Trustees in respect of such port established under section 3 ;
(2) "bye-law" means a bye-law made by the Board under this Act;
(3) "Chief Officer of Customs" denotes the
Chief Executive Officer of Customs for the port ; (4 "dock" includes basins, locks, cuts,entrances,
graving docks, graving blocks, inclined planes, slip- ways, grid-irons, quays, warehouses and other works and things appertaming to any dock and also denotes the portion of the sea enclosed or protected by the
arms or groym of the harbour ; --
1. For t & ~ Statement of Objects and RtasoM sx Orissa Guzdlc a'xtraardi. nary dated the. 23rd ~ u k t I962 (No. 417) and for report of Selbct Coamutttc, dated the 10th Scpkmber 1962 (No. 452).
6
THE ORMA PORT TRUST ACT, 1962 - [Or. Att M
(5) "goods" means and includes evsry kind of movable property;
(6) "Government" means the State Gov'm- ment of Orissa ;
(7) ''land" includes the bed of a river and of the sea below high water-mark ;
(8) "major port" means a. port declared as such by or under any law made by Parliament J -.or any existing Iaw within- the meaning of the Constitution of India ;
(9) "master" when used ,in relation to anY vessel or to any aircraft making use of the port, means
any per'sbn .having for the tune being- the charge or control of such vessel or such -aircraft, as the cask may be, except a pilot, harbour'master, berthing master,
, dock master or assistant harbour master' of the pod ;
(10) "owner" when used in relation to goods includes any consignor, consignee, shipper or agent for the sale, custody, loading' or udoadiag of such good8 and when used in relation to any vessel, includes any port owner, Charterer, consignee or mortgagee in poswsion thereof;
(11) "pier" includes any stage,. stairs, landing- place, hard-jetty, landing stage, floating b,arge or pontoon and any bridge or other works connected therewith ;
(12) "port" means any port other than a _major port with such Limits as may be defied by not@catidn
, . . .
issued by Government from time to thge for thle ,. .
purposes. of this Act and until a notifimtion is so issued,
with such limits .as may have been dehed by]Govem- ment under the provisions of the Indian Ports Act,1908. ES of 1941
I
( I f ) "Port Trust Security " means debenture bonds or. stock certificates or other, securities issued by the Board in respect of any loan contracted under .t ha provisions of this Act ;
7
(1 4) "prescribed" means prescribed by rubs
made by Government under this Act ;
(15) "rate" includes any toll, due, rent, rate, fee or charge leviable under th i s Act ;
(16) "Regulations" means Regulations made by the Board under this Act ;
(1 7) "rules" means rules made by Government under this Act ;
(18) "Trustee" means a trustee on the -Board ;
(19) "vessel" denotes anything made for the conveyance by water of human beings or of property ;
(20) "wharf" includes any wall or stage and,
a , ~ y part of the river bank or foreshore that may be used for loading or unloading goods, and any wall enclosing or adjoining the same.
CHAPTER 11
3. (1) With effect from such date as Government astab~ish- p K ~ t and may, by notification appoint, there shall be in respect ,,,,,
of a port a Board charged with the responsibility of tion ofthe develo;iment, managemen$ regulation and administra- Bwd.
tion of such port and the duties of carrying out the provisions 0f this Act to be known as the Board of Trustees for such port.
(2) The Bosrd shall be a body corpofzte, with the rime aforesaid having perpetual succes~ion and a common seal with power, subject to the provi- sions of this Act, to acquire, hold and dispose of property and to contract, and may by the said name
sue and be sued .
(3) With effect from the date of appointment of the Board in respect of any pod no local authoritv
orissa A* constituted under the Orissa Munici a1 Act, j 9 5 ~ , th; Orma Act 6 23?f 1950. Orissa Grama Paachayats Act, 1 48 or the Orissa
1s of iw, Panchayat Samiti and ZilIa Parishad Act, 1959, Ori*A* SM exercise jurisdiction within such port. '
7 of 1960.
4. (1) The Board shall consist of the f~ll~~ingcarn~asition trustees, nafpely :- o r the Board.
(a) perzons to be appointed by Govern- ment' as the Chairman and the Vice- Chairman respectively. . e x - o f i b trustees;
8
51 0 THE OWA PORT TRUST ACT, 1962 [Or. Act 38
(b) not more than five elected representatives of such commerce and la~our or&.- sations as may be notified by Government
from time to time. . . .elected trustees ;
(c) not more than two other non-officials to be nominated by Government.. . . . . ..
nominated trustees; and
(6) not more than seven Government officials to be nominated by Government. . . . . .
nominated trustees:
Provided that the total number of trustees in
the Board shall, not be iess than eleven.
(2) Every appointment, election or nomination
under this section s h d take effect as soon as it is noaed by Government.
Torm of 5. (1) The Chairman and the Vice-chairman
see. shall hold office during the pIeasure of Government,
(2) The term of office of the elected and n o d -
nated non-official trustees shall be a period of two years from the date the election or nomination, as the case may be, is notzed by Government; Provided that the oufgoing trustee shall conhut in office until the electlon or nomination of his successor is notified under section 4.
(3) Any nominated non-official trustee
cesigu his oEce by giving noti? in writing to Govm
ment, and , on such res~gutlon, being nomeci by Government, shall be deemed to have vacated ofice.
(9 Any elected trustee may resign his officea by @ving notice in writing to the Board and on the acceptance of such resignation by the Board, shall be deemed to have vacated office. Q An outgoing trustee snail be eligible, as
the case may be, for r e a p p d m n t , r e e l d o n or
re-nomination.
9
6. ( I ) Notwithstanding znything contained in Constitution sub-section (I) of section 4- of first Board and Glling up casual
(a) the Board constituted for the first t.ime vacancy. shall consist of such number of 'trustees,
not bdng less than seven and more than
eleven, as Government may, from time
to time, determine, who shall be nomi-
nated by Government ;
(b) any person whom Government may deem fit may be nominated as a trustee;
(c) Cio~ernment may, at any time remove
any trustee and appuint another in his place ; and
(6) without prejudice t o the provisions of clause (c) a trustee shall hold office -for
such tern, not being mare than five years as Government may fix in that behalf.
(2) Every vacaacy in the office of an elected trustee shall be filled up by the organisation con-
cerned witbin thirty days of the occurrence of the vacancy.
(3) Where an organisation fails to elect a trustee for mng up the vamncy referred to in sub-
section (2) within the period specsed therein Govern-
ment shall have the power to fill up such vacancy by appointing a .truster: according as they deem fit and on such appointment the trustee shall be
deemed to be an elected trustee under clause (b) of sub-section (1) of section 4.
7. If any appointed trustee or nominated non- T a p o w abstnc o i official trustee. is by . infirmity or otherwise rendered ,,,,.
temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances
not involving vacation of his office, Government may appoint .or nominate another person to act in his place during his absence.
8. (1) A person shall be disqualified for becom-
ing a Trustee if he-- cation ~ O I cffico or
ld not a citizen of India. - or has volun- Trust#. - , .
tarjly acquired the citizekhip of a foreign State or is undet acknowledgment or adherence to a foreign State;
10
has been convicted and sentenced to
imprisonment for an offence involving
moral turpitude which, in the opinion
of Gcvernment, disquaGfies him from being a Trustee and if such sentence has
not been reversed, set aside, or remitted;
(c) is of unsound mind;
(6) is an undischarged insolvent;
(e) holds any oEce of profit under the Board;
or
(f) has, directly or indirectly any share or interest in any work done by order of
the Board, or in any contract or 'employ-
. ment with, by or on behalf ofthe Board,
(2) No person shall be deemed to have a share or interest in any work, contract or employment within the meaning of clause (f) of sub-section ( I ) by reaso.1 only of his-
(i) -having a share in any incorporated Compstny which may contract with or be employed by, or on behalf of, the Board;
(ii) having - a share or intereat in any news-
paper in which any advertisement relating to the affairs of theBoard may be published;
(iii) being interested in .any loan advanced to the Board;
( iv) having a share or interest in any lease, sale, exchange or purchase of hovabler property or any apeement for the same; having a share or interest in any lien= granted by the Board, or having any right by agreement or otherwise with the Board to the sole or preferential use of any berth for vessels in the docks belonging to the Board;
( v i ) having a share or interat in the ourasional sale to the Board, to a value not exceeding two thousand mpes in any 3ne anc ia1 year, of any article in whlcfi he trades; or
11
(Sce. 9 )
(vii) being a person to whom, or a member of a 16rm or incorporated company to which, any of the functions specified in clauses
(a) and (e) of sub-sectior, (1) of section 35 shall %ave been relinquished under section - 38,
(3) A Trustee shall cease to remain a Trustee on the Board if he-
(a) becomes disqualified in pursuauce of the provisions of the foreping sub-sections;
(b) refuses to act or becomes incapable of acting ;
[c) fails to attend, without the previous permis- sion of the Board, three consecutive ordinary meetings of the Board; or
(d) is absent from the meetings of the Board !
for a period exceeding six consecutive months.
(4) Whenever any question arises as to whether any condition speci6ed in sub-section (2) or (3) has been satisfied the same shall be referred to Govern- ment who shall make such orders as they deem fit and the order so made shall he final and binding on the parties:
h v i d e d that no such order shall be made without givingthe pades concerned not more than
meen days time .for being heard in the matter-
9. ( I ) The Chairman and the Vice-Chairman Rcmunera- and the person appointed to act a$ Chairman shall ,=;
be entitled to such remuneration, if any, by waytions sclyict d of salary, leave and other alldwances and on retire ash-
ment to such gratuity or compassionate allowance, and VIC+
if m y ,.as Government may from time to time deter- cidma
mine id I! , that behalf.
12
514 THE ORISSA PORT ' L - R ~ ~ s T ACT, 1962 [Or. kt S
(2) Without prejudice to the provisions of sub-section ( I ) , the other condirions of service of the Chairman and Vice-chairman shall be as may be
determined by Government from time to time.
Far# pay-
able to a h a ,
10. Government may prescribe from time to Yicc-Chd- time the fees, if any, to be paid to the Chairman, Vice- rnn *n* Chairman and other Trustees for attendance at other Tm~t- w. meetings of the Board or its committees and pres-
cribe conditions and restrictions subject to which such fees shzU be payable.
I l . ( l )Th2 Board,subject totheotherprovi- +ha Board.
sions of tlds Act shall meet at such intervals and at such places and observe such rules of procedur3 in regard to the transaction of business at its meetings as may be provided by regulations made
in that behalf.
(2) The Chairman or in his a b ~ e ~ ~ the Vi-
Chairman or, in the absence of both, any Trustee choosen by the Trustees present from amongst themselves, shall preside at a meeting of the B o d .
(3) All questions at a meeting of the Board shall be decided by a majority of the votes of the Tmtees present and voting and in case of an equality of votes, the Chairman, or other Trustee presiding shall have a second or casting vote.
(4) Nu business shall be transacted at a meeting udess, at Ieast five Trustees are present throughout such meeting.
(5) The Chairman may, whenever he thinks fit, and shalt upon the.written reguest of not less than three Trustees, call a special meeting. m u t e s of
proceedings 12. 11) Minutes in which shall be recorded the
s n d a u t m - +names 0: the trustees present and the proceedings of licallon each meeting of the Board and staading cornmitt- orders and dcassioaor shall be drawn up and recorded in a book tp be kept Raard. . for that purpose, and shall be laid before the next meeting of the Board and signed at such meeting by the
presiding'officer thereof, and shall be open to inspection
by any Trustee during working hours of the office of-the
Bmrd.
13
(2) A copy of the minutes of every meeting of the
Board and of its standing commjttees shall, as soon as may be, be sent for publication in the Official Gazette at the cost of the Board and another such copy shall
within three days of the meeting be forwarded to
Government .
(3) Government may also in any case ask for a
copy of any paper or papers Iaid before the Board and
the Board shall forward to Government a copy of such paper or papers.
(4) N1. orders and decisions of the Board shall be
authenticated by the signature of the Chairman or any other trustee authorised by the Board in this behalf, and all other instruntents issued by the Board shall be authenticated by the signature of an officer of the
Board authorised in like maruser in tLat behalf.
13. (1) The Board may, from time to time, appoint amtitution such number of Standing Committees as it deems fit, zd E!z each consisting of not less than five of its Trustees asof Standing
rneabers and may, by general or special order, direct Committea. that subject to such conditions, limitations and res tr i~
tions as may be specified in the said order, all or any of the powers or duties of the Board shall also be exer- cised or discharged by any of the Committees so
constituted
Provided that tbe Board shall always have the
power to alter, from time to time, the constitution of or
discontinue any such Committee.
(2) A Standing Committee may elect one of its
members to preside at its meetings and if no such
member has been elected or if a member so electd is
not present at the time appointed for holding any of
its meetings, the members present shall choose one from among themselves to preside at such meeting.
(3) The Standing Cornnuttees may meet and
adjourn at their discretion, but the Chairman of the Board may,)whenever he thinks fit, and shall, upon the written request of not less than two members of a
C]ommittee, call a special meeting of such Committee.
14
Trte ORBA PORT TRUST Am, I962 [&. A& %
(4) Questions at the meetings of a Standing
Committee shall be decided b a majority of votes of
the members present, and in t P e a s e of an equality of votes the person presiding at the meeting shall have a second or casting vote,
(5) No business shall be transacted at any such meeting unless at least three of the member!, of the Committee are present throughout such meeting.
Restriction 14. (1) No trustee shall vote on or take part in the $:#" OL discussion of shy matter coming up for consideration
wto or at a meeting of the Board or of any Committee if it is dimss mat- ,, w ~ C h one in which the Trustee has any direct or indirect ibsr am btt- pecuniary interest by himself or along with his partner, rwod. if any, or in which he is- interested professionally on behalf of a client or % agent for, any person other than
Wyerament, or a local authority.
(2) If any objection is r a h d at a meeting that a Tmstee has in any such matter an interest of the nature
s p d e d in sub-sdoc ( I ) , the objection shall be
considered and decided by the other Trustees of the Board or the Committee, as tke mse may be, in such manner as,may be prescribed and tbe decision of such Trustees shall be k l .
(3) If at any time it is brought to the notice- of the
m n of the Board that a Trustee had voted or
taken part in the discussions at a meeting in cantrave*
tion of the provisions of subsection ( I ) the matter shall,
unless bonaftde rights have a m e d to third parties in pursuance of the resolution passed at the meeting, be inquired into and decided in the manner prescribed, and pending such decision it sbaU be the duty of the Board or the Standing Committee, as the case may be, not to give effkct to such resolution.
(4) A decision. under sub-section (3) shall be h l and if as a result of the enquiry the Trustee is found to have lro@ or kkea part in the promedings in contra- veatMa of tho provisions of subsection (1) the reso- lution in question shaU stand amded,
15
15. No act or proceedings of the Board or of any Vdidation of acts and Standing Committee shaU be invalid merely by reason ,,,edbm.
of-
(1) any vacancy in or defect in the constitution of the Board or the Committee ; or
(2) any defect in the appointment, nomination
or election of a person acting as a Trustee
thereof ; or
(3) any irregularity in-its procedure not affecting
the merits ,of the case.
16. The -Board may from time to time, delegat~ Dtl~satiop d powan to such of its powers and duties to be exercised or dis: the ~ h k . charged by the Chairman subject to such conditions mm. and limitations as may be specified ,in that behalf in a resolution passed by the Board with the prior approval of Govement.
17, (1) The Chairman shaU be the Chief Executive'
OfEmr of the Board and shall, suhect to the provisions ~ b o Chair of tbis Act and the d e s and regulatibns made therem-
under, be r e s p o ~ b l e for implementhg all orders and
. de'cisions of the Board.
(2) It shall be the duty of the Chairman-- ( i ) to. attend evtq meeting of the Boad unless prevent4 by sic'kness or other xeasoMbIe cause ; . .
(ii) to exercise supervision and control o~eiThe
acts and pro&& of all officers and servants of the Board in matters. of executive a&hi&tration, and in matters eoiicerning the amunts and r-rds 6f the Board; and
(iii) subject to the regulations made under sections 20 and 95 and to the schedde for the time being in force prqared and sanctioned upder section 18, to dispose' of -all mamrs relating to the sedce of the officers ind servants of the Board, and their pay, pride= and dciwances :
16
5 18 T~rr ORISSA PORT TRUST ACT, 1962 [Or. Act 39 Provided that, subject to the approval of the Board,
the Chairman may deIegate all or any of his duties to the Vice-Chairman or any other Trustee or offcer or
servant of the Board as he may, from time to time,
consider fit.
CHAPTER III
Omcm AND SERVANTS OTHER WAN THE CHAIRMAN AND V I C E - C ~ R M A N
scbedult of 18- ( I ) The Board shall, from time to time, subject
J%rfn to such rules as may be made in that behalf, prepare st .ff. and sanction a schedule of its oficers and wrvants,
other than the Chairman and Vice-Chairman, setting
forth the number, designation, grades, salaries,
fees and allowances payable to such officers and servants.
ExpIanatiort-Artisans, porters and labourers and
contractors or agents who provide porters and labour-
ers are not officers and servants within the meaning of this section and sections 20 add 21.
(2) No such otFoer or servant shall undertake any work unconnected with his duties under this Act except with the permission of the Board.
mu.ltSu- 19. (1) A person shall be disqualified for being t1.n for appointed as an officer or servant if he has -directly or
appointnc@nt ., oacr, +indirectly, by himself or by a partner or any other
servnnl. person, any share or interest in any contract made with, or any work being done for the Board otherwise than as such officer or s e ~ a n t .
(2) U any such officer or servant acquircs dicectiy
or indirectly any share or interest of the nature and in the manner referred to in sub-section (1) he-shall, be liable to be;.:remove'd from office by order of the author- ity hadg ' the power so to do by or under Lhe proyi- doas of this Act.
17
![ (3) N~twithstaudhg anything wntained in sub-sections' (1) and (2) Government may exempt-
(a) any person, who is a member of the Board
of Directors of any Company or Corpora-, tion. owned or controlled by Government, from the operation of sub-section (I) ; and
(b) any officer or servant of. the Board, who is appointed as a membei of the Board of Directors of any such Company or Corpo-
ration, from the' operation of subsection(2).]
20. Subject to the prior approval of Government, z~b","";~
the Board may make regulations to provide for all or -,-t any of the following matters, namkly :- and QJMI. tio? uf
(a) tenure of ofice, provident funds, pensions, a e m a . gratuities, compassionate allowance, leave of absem and other conditions af senice of offiars and servants referred to in
section 18 ;
(6) remuneration of persons appointed to act for ,any . such officer or servant during
absence on leave ;
(c) powers, duties and functions of all such
officers and servants ;
(6) :qualifications of candidates for appointment
to such ;>osts and the manner of selection for such posts ;
(el pen&on, gratuities, compassionate allowan- ces, if any, payable to any of them or their relatives, as the case may be, in the event of injuries being sustained or death being caused in course of employment ;
(f) procedure to be followed in imposing any penalty of withholding increment or prs- -
motion, censure, reduction in rank, com-
pulsory retirement or dismissal in pursuance of depart mental proceedings for indiscipline, carelessness, unfitness, neglect of duty or
other miscond u and directing suspension. pending such - pr ceedings ; authority by whom such orders may be passed and to
I. ,whom appeal may lie ;
1. Inserted by the Orissa Port Trust (Amendment) Ad, 1%3 (Or. Act 26 of I963), s. 2.
18
520 * Oruss~ PORT TRUST ACT, 1962 [Or. Act 30
(g) establishment of welfare or- loan funds for the benefit of the employees of the Board ;
(A ) any of the matters covered by the aforesaid clauses in respect of artisans, porters and labourers and in respect of contractors :I nd
agents who provide such workmen ; and ( i ) suchothermattersas may be incidental to, or necessary for the purpose of replaling the appointment and conditions of servie or
for which in the opinion of the. Hoard
provisions should be made by regulations.
Fowtrto hp~oint,
21. Subject to such conditions, limitations and or restrictions, if any, as Government may by order direct,
grant Lava the Chairman shall have the power to- to officers
and servants.
(a) appoint officers and servants specified in the schedule for the time being in force made under section 18 ;
(b) grant leave and promotion to such oficers
and servants ;
(c) dismiss or reduce in rank and ,take any other
disciplinary action against such officers and servants ; and
(6) exercise all other administrative control over such officers and servants :
Provided that the orders of the Chajrman made in
pursuance of clause (c) shall be subject to the decision
in appeal, if any, to the Board pre'fened within such periad and io such manner as may be prescribed, Powel to
d i r~cnse
22. Notwithstanding anything to thc contrary in
rrith sections 20 and 21- and to
parrnit r e t i p
mcnt jn
certain cases.
( 1 ) h case of officers and servants appointed hy Government the power to dispense with their services otherwise than far: reasons
ofmisconduct, and to order their retirement
on pension, gratuity or compassiona~e
d o w a n e shall vest in Government and in d other ciwt;~ such power shall vest in the Board ; aad
19
(2) no orders made -by the Board -in respect of
officers or servants as Government may, from time to time, direct, shall have effect
without the prior approval of Goverment,
CHAPTER IV
23. (1) On the coming into force of this Act ali ztz
property within the limits of the port other than ward. private property, vested In or belonging to or held by the Government shall, subject only to such of the
charges and liabilities outstanding against such pro- perty as may be notified by the Government in that behalf, vest in, belong to and be held by the Board and
shall, with a31 the other property of whatever nature
or kind which may become vested in thz Board, be under its direction, manasement and control:
Provided that no mads and electric installations
thereon, if any, as are not public roads and which belong to Government immediately before the com- mencement of this Act shall vest in the Board under this
sub-section unless Government in exchange for a price
fixed and with the consent of the Board, so direct.
(2) All properfy vested in or belonging to, cr
acquired or held by and all moneys paid or payable to,
the Board shall be deerned to be held by the Board in
trust for the purposes of this Act.
24. The Board shall, for the purposes of this Act, POW? ta have power to acquire and hold immovable or movable acqulrc, hold or property or any interest therein, whether within oralienate
without the h i t s of the port, and also the power toproperw lease or sell any immovable or movable property which may have been vested in or acquired by it:
Provided that no acq~isition of immovable property or sale or lease for a term exceeding ten years of any immovable projjerty shall be valid uniess the sanction of Government to such acquisition, sale or lease has been hst obtained.
20
522 THE ORISSA PORT RUST ACT, 1962 [Or. Act 3 Application 25. When any immovable propedy is required for Orhnd Acquisitior the purposes of this Act, Government may a i the A C ~ , 1894. request of the B ~ a r d 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 the charges incurred by Government iin connection with the proceedings the land shall vest in the Board for the parposes of this
Act. Mar to acqui- 26. Whenever any property, to which- public as ritisa or such have no manner of right or claim, vests in the ~ ; ~ ~ , P ' t h c Board in pursuance of the provisions of this Act, no
such right or claim shall accrue in respect of such-
property for so lpng as it continues to remain vested
in the Board, anything in t h i s Act or aiy othef law
or in any custom or usage havjng the force of law to
the contrary not withstanding. Gnttactt by 27. (1) Subject to the pro+ions of this Act the 'h*BO"d. Board shall be competent to enter into and perform
any contract necessary for the purposes of this Act.
(2) Every such ~untract shall be .made on behalf of the Board by the Chairman in such form and manner as may be specified in the regulations made in that
behalf.
(3) No contract which is not made in accordance with the provisions of this Act and the rules and regula-
tions made thereunder shall be binding on the Board. +-
CHAPTER V
W0kK!3 AND SERVICE^^
Work., and appliances.
28. The Board may execute such works and
provide such appliances as it may deem necessary or expedient for the purposes 6f the port 'and such works
and appliances may i ic l ude-
(1) wharves, quays, docks, stages, jetties and piers within the port or on the foreshore I of the port, with all necessary and conye-
nient arches, drains, landing places, electric installations, stairs, fences, roads and rail- way approaches ;
21
(2) railways, tramways, 1ocomotives, rolling
stock, sheds, warehouses and other accom-
modation for passengers and ,goods and other appliances within the port for carrying
passengers and for conveying, receiving and storing goods landed, or to be shipped or otherwise ;
(3) moorings for vessels and cranes, scales and
all other necessary means and appliances, preferably mechanical process of loading
and unloading -vesseIs ;
(4) reclaiming, excavati.ng, .enclosing and raising
any part of the for.eshor of the port which
may be necessary for the execution of the
works authorised by this Act, or otherwise for the purposes of this Act ;
(5) such breakwaters and other works within or
without the limits of the port as shallbe
expedient for the protection of the harbour
or port ; .
(6) dredgers and other machines for cleaning, deepening and improving any portion of the port or foreshare ;
(7) pilot-boats and other appliances necessary
for the safe navigation of the port and of
the approaches thereto ;
(8) vessels, steam tugs or other ba t s for use as well within the limits of the port as, beyond those l i ~ t s , 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 putpose of landing, shipping or transhipping passengers and goods ;
I ; (9; boats, barges and other appliances necessary in connection with the supply of water to shipping in the port ;
22
Tm ORJSSA PORT TRUST, ACT, 1962 [Or. Act 38
(10) engines and other appliances necessary for
the extinguishing of fires in the port and on the property of the Board ; and
(11) such other works and appliances as may be,
in the opinion of the Board, expedient for carrying out the purposes of this Act. saaoias
=EL c ~ m 29. ( I ) When any wharf, quay, stage, jetty ar pier p d e d to u* has been made and completed, with suf5cient ware- wh4ncs, etc- houses, sheds and appliances for landing or for shipping goods from and in sea-going vessels, the Board may,
with the previous sanction of Govemeht, by a not5fication published in three consecutive issues of the OfEciaI Gazette, declare .that such wharf, quay, stage, jetty or pier is ready for reiving, landing and shipping or for landing or for shipping, as the case may be, goods from and in sea-going vessds. - .
(2) From a,nd after such publication, the Board
may, from time to time, when there is room at such wharf, quay, srage, jetty or pier, order to' come along- side of such wharf. quay, stage, jetty or pier for ;he purpose of landing and'shipping goods or for landing or for shipping % sabe, as the case may be, any- sea- going vessel within the port which has not commenced to discbrge cargo or which, b@g about to take in cargo, has not commenced to do so :
Provided that in making such order the Board
shall have regard so fa9 as may be, to the convenience of such vessel and of the shippers in respm of the use 3f any particular wharf, quay, stage, jetty or pier. 11-rn 30. When a sdficicnt number of wharves; quays* dation suiB . .
.;ttnb -- st ages, jetties, piers, warehouses, sheds and appliances minu vds lhave been provided, as aforesaid, the Board may, with ~ m p t J I e d to w *hmoll the previous sanction of Government by an order
am. pyblished in three consecutive issues of the OEdal
Gazette, direct that no goods. shall be landed or
shipped froljn or in any sea-going vessel within the port, .
aave at 'such wharves, qucys, stazes, jetties and piers and,may, in Eke mamcr;al+w, vary or revoke such, ordar .
23
Power to
31. Any officer appointed by the Board in this order vesseb behalf may in cases of emergency or for any reason not to come alongside of
which appears to him suficikrit by notice in writing, or to bo order t+ master or owner of any vessel to iemove such zay*
vessel from or not to bring such vesqel alongside of any wharvcs, wharf, quay, stage, jetty or pier belonging to the Board '''- and if such notice is not obeyed the Board may charge in respect of such vessel such sum as jt thinks fit, not exceeding five hundred rupees for each day of twenty- four hours or portion of such day during which such remains at such wharf, quay, stage, jetty or pier :. Provided that, in the case of a vessel ordered to be
removed such,charge shall not commence to be made_
till after the- expiiy of twelve liours from the service of
, such notice as aforesaid on the master or owner of .the vessel.
32. (1) Notwithstanding anything contained iflw.. of G o v c m t sections 29 and 30 Government may, by notification to. ,,,, from time to time, permit specified 'vessels or classes of i;; ,m,;blig;
vessels to discharge or ship cargo or any specified- cargo wharvm; etc.,
-or any specified classes of cargo, at such part of t h e ~ ~ d $ , ~ ~ ~ ~ port, in such manner, during s ~ c h period, subject to ro be d,,. to . such payments and o.fi such .conditions as Government ~ o v t m m c n t vtsscla. think fit, and .otherwise grant exemption from the
' - provisions of the said sections and may in like manner . . cancel or modify any such notiiication.
(2) Governgent may also at any time. require that any 'vessel belonging to or in. the-senice of Government - ' shaIl be permitted to come alongside any wharf,' quay,
stage, jetty or-pier belongifig to the Board in preference to all other vessels-at the time in the port add it shall-
. . be'incumbent- on. the Board to give effect to any such requisition. - .
33. Government may, at any t h e , order a locd povae a s w e y or examination' of any works of the Board or :z$g~;f the proposed site therefor arid the cost of such survey or w o k .
: and examination shall be borne and paid by the.
, Board out of its funds in thegeneral account specified , ' in clause (b') of sub-section (2) of section 40.
24
526 TEE ORISSA PORT TRUST ACT, 1962 [Or. Aot 30 (Secs . 34-35)
power of 34; If, at any time, the Board-
Gavcrnmcnt t o rcslolt or C O ~ P I : tc (a) allows any work ,or appliance constructed
works at the cost of tho or provided by or vested in it to fall into BOU~. disrepair, or does not, within a reasonable time, cdmplete any work commenced by it or incIuded in any estimate sanctioned by Government ; or
(6) does not, after due notice in writ~ng, proceed to carry, out effectually any work or repair or to provide any appliance which is
necessary in the opinion of Government for the purposes of this Act,
Government m y cause such work to be restored or
compIeted or carried out or such repair to be executed
or such appliance to bc provided ; and the cost of any such restoration, completion, construction or provision shall be paid by the Board ; and shall be recoverable in the manner provided in the Local Authorities Loans 9 1 9 1 ~
Act, 1914.
Ptrrormance 35, ( I ) The Board shall provide all reasonable
0 r 5 e w i ~ b ~ i ~ ~ j l i t i e s for and shall have power to undertake the the Boaro.
following services, namely :-
(cr) landing, shipping or transhipping passengers and goods, between vessels in the port and
the wharves, piers, quays or docks iri possession of the Board ;
(b) pro viaing proper amenities t o and ensuring
the safety of vessels entering the port ;
(e) ~ i ~ v i , . i . ~ g for pilotage, hauling, mooring, rernou:.ing, hooking, measuring and other
services in respect of such vessels ;
(d) carrying passengers by rail, tramways or otherwise within the limits of the port, subject to such restrictions and conditions
as Government may deem fit to impose ;
(e) receiving, removing, shifting, transporting, storing or delivering goods broupht within
. the Board's premises ;
25
(j) providing special facilities for giving pre-
ference in receiving, transporting and
shipping of such consignments of iron-ore as Government may, from time to time direct ; and
(g) such other services as may be incidental. or ancillary to or necessary or expedient for the carrying out of the purposes of this Act.
(2) Thc Board in addition to its obligation under
asbsection ( A ) shall provide for each of the following
matters and for rendering all such services as may be relevant thereto, namely :--
(a) construction, maintenance and cleansing of
drains and drainage works and public
latrines, urinals and silmilar conveniences ;
(6) construction and maintenance of works and means for providing supply of water for public and private purposes ;
(c) scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters ;
(A) establishment and mzintenance of hospitals and dispensaries and the carrying out of
other measures necessary for public medical
relief ;
(e) construction and maintenance of markets and sIaughter houses and regulation of dl markets and slaughter houses ;
(I) the regulation of places for the disposal of the dead and the provision and maintenance of
places for the said pllrpose ;
(g) regulation and abatement of offensive or dangerous trades, occupation and practices ;
(A) regulation, maintenance, alteration and
improvement of public streets, bridga,
culverts, causeways and the iike ;
26
O m s ~ PORT TRUST ACT, 1962 [Or. Act 34 ( i ) maintenance of fire-brigade and protection orlife and property in case of fie ;
(j) lighting, watering and cleansing of public
streets and other public places ; and
(k) f u W e n t of any other obligation imposed
by or under t h i s Act or any other law for the time being in force.
(3) The Board may provide, either wholly or in part, for all or any of the following services, namely :-
(a) furtherance of education, establishment of
schools and improvement of educational facilities ;
(b) providing housing a~commodation for the employees of the Board and for labourers engaged within the port ;
(c) construction and maintenance of warehousec and godowns ; and
(6) any measure, not hereinbefore specified, likely to promote public safety, health, convenience or general welfare of labourers
and other persons working or residing
in the port area.
Obligation to 36. (1 ) Subject to the ~rovisions of sub-section ( I )
render of section 38 where a_ny of the sefiices speczed in s ~ v ~ c c s i i clause (a) or (e) of sub-section ( I ) of section 35 has
requited by b een undertaken by the Board, it shall be the duly of soods- the Board to render the said services in respect of the
goods ' if so required by the owner and if fufther
required, to take charge of the same on granting in t h e prescribed form and manner a receipt therefor.
(2) On the issue of a receipt under sub-section
( I ) the person in whose favour such receipt is issued
and the master or owner of the vessel from which
the goods might .have been transhipped shall ceaso to be responsible for the subsequent loss or damage,
Y my. to such goods.
27
37. (1) The responsibility of the Board for the ~ a p o m i . loss, destruction or deterioration of goods of which gi~y::~, it is taken charge shall, subject to the other provisions 1055, otc., or of this Act, be that of a bailee under sections 151, g°CdS. 9 of 1872 152 and 161 of the -Indian Coiltract Act, 1872, omi- ting the words "in the absence of any special contract" in section 152 of the said Act:
Provided that, till the receipt mentioned in sub- section ( I ) of section 36 is. given by the Board, the goods shaIl he at the risk of the owner.
(2) The Board shall not be in any way responsi- ble for loss af or damage t o goods of which it has taken 'charge, unless notice of such loss or damage shall have been given within one month of the date
of the receipt issued under sub-section ( I ) of section
36.
38. (1) Tht Board may, subject t o the sanction v2;3i3h-
of Governrneilt and subject to such conditions as scrvicas
may be prescribed- subject L ~ Ccontio~ o of tho
(a) enier into an agreement relinquishing GOYCCnmmt
the performacce of any of the services
specified in cIau.ses (a) and (e) of sub-
section (1) of section 35 to an approved
person; or
(b) enter into an agreement accepting a
liability greater or less tkan that imposed
on the Board by sub-section (1) of section
37.
(2) Every agreement entered into under this
section. shall be in writin2 acd signed by or on behalf
of- the parties concerued.
(3) No person t o whom the performance of any service is relinquished under sub-section (1) shall charge or recover for such service any sum in
excess of the,amnunt leviable if mch service had
been ,perfgi:~ed by the Roard.
28
THE ORISSA PORT TRUST ACT, 1962 [Or. Act 30
(4) Notwithstanding such relinquishment, the
Board may charge dues -according to the, scales Iaid down in sections 70,71 and 72 for the use of its works
or appliances or for other services connected
with that which has been relinquished without thereby incurring any IiabiIit-y under section 37. Pciorrnancc
of scrvicos 39. In respect of any person to whom any or by porsons all of the services has or have been relinquished under
whom the section 38 the provisions of sections 36 and 37 shall, strviccs hnva been relin- mui cltis mulandis, apply.
quisbsd by
hc Board.
CHAPTER VI
Constiluiion ofpofl Trust 40. ( I ) Save as otherwise rovided in this ACt md. there shall be a Port Trust Fun d! (hereinafter referred
to as the Fund) vcsted in the Board which shall bo
comprised of-
(a) all funds which immediately before the establishment 'of the Board had vested
in Government or any other authority on account of the port under the India-n 150fIm. Ports Act, 1908 and the Orissa Ports ~ ~ ~ t l l a a
Regulation, 1937 ; 11 of 1937. . :
(b) all moneys received by or on behalf of the Baard under the rovleions of this Act P or m y othet la* as the time being in
force or undet any contract;
( c ) aU proceeds of the Qis osal of property % by or on behalf 0f t e Board; (d ) all rents accruing from any property of
the Board;
(e) a11 moneys raised by means of rates, fees, charges aod other dues levied for the purposes of this Act;
If) all fines and penalties levied by or undeq the provisions of this Act;
29
THE ORISSA PORT TRUST ACT, 1962
(Secs. 4142)
(g) a11 moneys received , by o r . on behalf of
tl;e Board from Government, Central
or State or from any individual or associa- tion of individuals by way of grant, .gift
or deposit ;
(h) all interests and profits arising from any investment of or from any transaction in connection with, any mqney behng- ing to the Board, including loans advan-
ced under this Act; and
( i ) all honeys received by or on behalf of the
Board from any other source whatsoever.
(2) The Fund constituted under sub-section ( 1 )
shall be held by the Board in trust for the purposes of this Act subject to the provjsions herein contained and shall be maintained in the following distinct accounts, namely :-
(a) the Pilotage Account relating to all moneys including a11 fees for Pilotage and all fines
and penalties Ievied under this Act from pilots, har bour-masters or other persons employed in the Pilot Service other than fines and penalties imposed by a court;
(6) the general account relating to all moneys received by or on behalf of the Board other than those specified in clause (a); and
(c) such other speciaI accounts as Govern- ment may, lrom time to time, direct.
41. All moneys peyable to the credit of the .to
aforesaid accounts shall be received by the Board and shall be forthwith paid into the State Bank of
India to the credit respectively of the said accounts.
42. (1) The moneys fr~mtime to time ,credited 4pplimtion to the ruad shall, subject to the provisioils of section or the Fund. 96, be applied by thc Board in payrneile of all sums, charges aad costs necessary for carrying out . ' the provisions of this Act and of the rules, regulations and bye-laws made thereunder.
30
[or. AEt 3a
(2) a Such mobeys s h a U likewise be applied i n payment., bf. all ,sums -payqble out of the ;Fund under .anyc laiw . for the ' time. being in force.
. .
Wcgaar Mditura. 43. The ~ h a b a h . may, in cases, . requiring immediate action, on being so authorised by the ,Board and subject to the. rules and regulations, if any, .made in that behalf, bcur ,expe,nditure from
of the .Fund for meeting such situations.
44. (1) The Board may, from time to -time set apart-as reserve fund or funds from out of its reve- nue .surplus -for the pyrpose of p oviding against any . temporary decrease in reven I e or ' increase in ex enditure from trans5ent causes or for purposes P o rkplacement or for meeting expenditure arising
from loss or damage by fue, shipwreck or o t h e ~
acoidents or for any other emergency arising in the
or&nary course of administration of the provisions of this Act.
(2) The sums set apart as a reservc fund shall ,not ,exceed such amount and shall be invested in such manner as Government may from t ime to time
direct. , . Chsrgoh . 45. No expenditure shall be charged by the wid 'Bo-ad- to'~pita1account withoutthepriorsanction Acc?lml. of .Government : , , . . . . ,
.
. . l ~ ~ r i v i d e d that whenever in the opinion of Govern-
m n t it is ,expedient so to db with a view . to faci- ,
litate - the development of the port or the construe-
.tion . . thereof, Governgent may, from time to time, by notification specify, the period d ~ j n g which go such smction shall be n ~ s s a r y . ] glrorko 46. No work shall ,be .undertaken or any cgn-
rq- tract in respect of .such work entered into or any - -, . .
eaactlon of B W ~ m- expenditure in connection: therewith incurred with- G o m t - - ~ ~ t - the plan and estimate of the work being earlier,
approved by the Board where ihe estimated cost ,
exceeds two thousand rupees,aqd'also by Govern- ment where such cost exceeds , twenty thousand
rupees: , .
31
(Secs. 47-50]
'[Provided that whenever ia the opinion. of
Government i t is expedient so to do with a view
to facilitate the development of the port or the cons-
truction thecebf, Government may, from time to
time, by notification specify the period during which it shall not be necessary to obtain such prior
approval-
(a) of ,the 3oard, where thd estim ted cost
as aforesaid does not exceed kty thou- sand rupees; and
@) of Government where the said cost does
not exceed rupees ten lakhs.]
47. The Ch~irrnan shall at a special meeting to sudsct b held 04n or before the 20th ' day of December Eslirn'E. every year lay before the Board .an estimate of the income and expenditure of the Board for -\he next
financial year.
48. The estimates shall be printed in the form prescribed and a copy thereof shall be served on-cir~ulation
each trustee. not less than ten clear days prior to :!:;tg. the day appointed for the meeting specsed in sec- tion 47.
49. The Board may, at such meeting, alter or Ado~lion or modify the said estimates and shall subject to such g;cto5 * alterations or modScations, if any, pass the same.
50. (1) The estimates passed by the Board u n d e r ~ 5 p F ~ ~ ~ $ section 49, shall, not later than , the loth dby of ~ovcr jgncnt .
January, be submitted to Government who may call for such further information as may be deemed necessary from the Board or return the estimat~s
to the Board for ,reconsideration.
(2) Government may, after . a consideration
of the said estimates along with the information
and the views as may have been received in pursu-
ance of sub-secJ.ion ( I ) , approve the same subject
to guch alterations or modXcations, if. any, as they
may decide. - - - -
1. Addcd by the Orissa PortTrust (Arncndmcntj Act, 1963 (Or. 26,,f 19631, c. 4-
32
534 THE ORISSA PORT TRUST ACT, 1962 [ Or. Act 30 Suppleman-
ONY
51. The Chairman may, in the course of any
btimntes. year for which an estimate has been approved by Government cause one or more suppIementa1 esti-
mates for the residue of such year to be prepared
and laid before the Bbard and to such estimates
the provisions of sections 48, 49 and 50 shall, so far as may be, apply.
RcstrIctlon
of cxgcndi- 52. Save as otherwise provided in section 53 S U K ~ O the Board shnll not without the prior sanction of Budgct
grnnt. Government spend on any item of expenditure any
sum greater than that allotted in the estimates approv-
ed by Government under section 50 or section 51 8 s the case may be.
Board's porvcr to 53. (1) In cases requirjng immediate action spcnd beyond the Board may, wit h0ut prior sanction of Goverd- approved ment, spend, on any item of expenditure-
ostimrcs.
(a) a sum not exceeding two thousand rupees
in excess of the sum allotted for the item in the approved estimates; and
(b) a sum not exceeding three thousand rupees on any item for wEcI.1 no funds are allot- ted for the year in the said estimates.
(2) On a decision being taken by the Board
under sub-section ( I ) the Chairman. shall forthwith
report to' Government the circumstances which
necessitate such expenditure and the manner in which the Board proposes to meet the same. , Auditors.
+b r
54. (1) The accounts of receipts and expen&-
turc of the Board shall, once in every year, be laid
before Goven~me~zt and' shall be . audited by such. auditors as Government *may, from' time to time, appoint and the Accountant-General for the State of Okissal may be appointed in that behalf.
2) The Auditors so appointed may, by sumons
in writing,-- require produetion of any book, deed, ~oucher, document or paper;
33
(6) require the attendance of any pcrson In the custody of or accountable for any
such book, deed, contract, voucher, document . or paper; and
(c) require such person to esplain all matters relating thereto or to prepare and subn i t further statements in connection t!~ere- with according as such Auditors deem it necessary O r expedient.
55. (1) The Auditors sha 11, before the eipiry Audit
of fourteen days of the completion of the audit,Rcpor'. p rvare their report and submit copies thereof to Government and to the Board.
(2) The Board shaII, on receipt of such report
.cause the same along with an abstract of the relevant
accounts to be published in the Official Gazette.
(3) The Government shalI, as soon as may be,
after receipt of the report, cause a copy there~f to
be laid before the Legislative Assembly.
CHAPTER VII
56. ( 1 ) The Board may, in pursuance of n resolu- Poncr to
'tion passed by it, borrow by way of debenture or onr2i'c11:nhc, other security (hereinafter referred to as Port Trust Smrities) or on the guarantee obtained from Ciovern-
ment, any sums of money which may be required-
(a) for acquiring any land which -it has power tp acquire ;
Ib) for erecting any building which it has power t o erect :
(c) for the execution of any work, the provision of any plant, or thc doing of any other thing which it has the power to executo,
provide or to do ;
(6) for meeting expenditures w l k h it has the power to incur ;
34
[Or. Act 30 (el to repay any loan raised under this Act or any debt due to Government ; or
(f) for any other purpqse for which the Board is by virtue of this Acl or under any other law authorised to borrow.
(2) No loan shall be r a k d without prior sanction of Government and previous publication of the appli-
cation for sanction.
(3) The amount of loan, rate of interest and the terms and conditions including the date of floatation, the time and method of the payment and the like shalt
also be subject to '.he prior approval of Government,
Pt:iod with-
In which
57. The time for repayment of any loan shall9
lonns t obe in no case, exceed sixty years, and the time for re-
rcp3ld. payment of any money borrowed for. discharging any p r a ~ o u s loan shall not, except with the express sanction of Government, extend beyond the unexpired portion of the period for which such previous loan was
sanctioned. Port Trust Sccuritia. 58. ( I ) The Board may, with the sanction of
Government, prescribe the form in which Port Trust. Securities shall be issued, the mode in which and the conditions subject to which they may be transferred.
(2) The right to sue in respect of moneys secured by Port Trust Securities shall be exercisable by the hoIders thereof for the Qrne being without preference in respect of priority of date.
I ndian 59. The provisions of sections 4,5,8,9,10 and 15 of Sccuritics the Indian Securities Act, 1920 shall, rnlrtaiis mu tandis, lo a f 1920 AcC, 1920
applicable to apply to all securities issued by the Board subject in
port Trust the case of sections 10 and 15 of the said Act to the Securities. understanding Lhat the word "prescribed" shall mead
"prescribed by Government or by the Board with the sanction of Government".
Powcr tn 60. The Board may make regulations to carry
makc regulations. out the purposes of this Chaptcr and in particular to providc for all or any of the following matters, namely :-
(n) the person, if any, authorised to sign, and the mode of a f i ing the corporate seal of attestation of documents relating to Port Trust Securities;
35
(b) the manner in which payment of interest in ,
respect of Port Trust Securities is t o be made and acknowledged ;
(c) the circumstances and the manner in which Port Trust Securities may be renewed ;
(6) the circumstances in which sucb securities must be renewed before furthei payment
of intercst thereon can be claimed, :
(e) the form in which securities delivered for renewal-and conversion are to be receipted ;
(f) the proof which is to be produced by persons
applying for 'duplicate securities ;
(gl the form and manner of publication of the notification mentioned in su b-sec; ion (2)
of section 10 cf the Indian Securities Act, 1920, as applied to Port Trust Securities
and the manner of publication of the list mentioned in sub-section (3) of that section ;
(h) the nature and amount of indemnity to be given by a person applying for the pay- ment. of interest on debentures alleged
to have been wholly or partIy lost or
destroyed, or for the issue of duplicate
debentures ;
(i) the conditions subject to which Port Trust Securities may be converted - ;
( j ) the amounts for which stock certificates
may be issued ;
(k) generally, all matters connected with the
grant of duplicate, renewed and converted
securities ;
(1) the fees to be paid in respeGt of the issue of duplicate securities and bf the rerlewaI
and conversion of Port Trust Securities ;
(m) thc fees to be levied in respect of the issue of stock certificates ; and
36
THE ORISSA PORT TRUST ACT, 1962 [Or. Act 38 ( 1 1 ) any other matter which is required to be or may be provided for by regulations.
(2 ) The p w e r ' to make .regulations under s u b section ( I ) shall be subject to the following conditions,
namely :-
( i ) a draft of the regulatiolls shall be published
in three cor~secutive issues of the official Gazette;
iii) the same shalI have no effect until approved
by Government after such publication snd until such approval has also been
published in the official Gazette ; and
(iii) Government may, at any time, by noti- ' , fica tion cancel any regu Iation published under the proovisio~z of this section.
Sccurityror , 61.. All loans may be raised on the security of-
loans.
(a) the property now vested, or which may hereafter become vested in the Board, other than any sums set apart by the Board
as a sinking fund for the purpose of paying off any loan ; and
(b) the t?.ses, tnlls, ducs, rates, rents, cesses, fees and charges leviable under this Act. Remedic3 or 62. Government shall have, in respect of loans
GoTernmat made by it to Boa~.d, the same remedies as cebenture- in rcspcct of loans made holders ; and it, shall not be deemed to possess any
'O B ~ r d - prior or greater rights in respect of such loans than debenture-holders.
power to rt- 63. ( I ) The Board may appIy any sum not bein g:ror0 ~ ~ s l e ~ ~ than ten thousand rupees which can be so applie late.
t
without prejudiciug'tl~e security of the other debenture- holders of the Board, in repaying to the Government any sum which may remain due to them in respect of
the principal of any loan before the titiye fixed for the repayment of the same.
(2) On any such repayment being made the portion
of any subsequent instalrnent which represents interest shall be reduccd to such an amount as represents intei.es t on the outstanding principal.
37
64. In respect of a loan not repayable before the Establish-
men1 of ink. expiration of one ysnr From the dntc of the loan, the- ~ n g rund.
Board sllall psp hnlf-yzariy ortt of its income into a
sinking fund such sum suiZcie!~f for the repayment, within the period fixed, of the loan.
65. ( I ) . The acc~un:ll stjcns in the siuking f ulld rnvestmtnt and nppli- shall, subject to ti;e prior approval of Government, of
be invested in ;h-omissory n :~ tes and other ~ e c ~ r i t i e s ofsinkine fund.
the Centt,al or thc State covl=i.nment or otherwise- and shall he hcld in trcst for the purpose of this Act by t!ir,ro trustces 011s beiilg the Board and the
other a person appointed by Government.
(2) Tllc Board may apply the whoIe or any pal-t
cl'sums accumulated in tile si~lktrig fund in or towards the disch:.~;.gc of the !honeys for the repayment of which the fund hns bee11 established pravided that i t pays into t-hc fund ill each yz3: and accumulates until the whole oT the irLOIIcyS borro11:zd are discharged, a
sum equirralent to t h e ii~te:.est which would have been praducsd by the a i~~k i i lg fund, or the part of the sinking fund so applied.
66. Tilt ~i i lk i l~g fl-~ilb established Tor the Eanmina tion of sinking ljquidation cf nrly I - ~ x i l sil?.!! he su l isct to annual ,,,,d,
examination by tilt Accou ntant-General, Orissa who
shall sscertain whether the cash and the current vaIue of the securities at thc credit of the fund are actually,
equal to tile :mount which wo2ld have been accu mu!nted had invfit:nc:~ts been !-egul:~rly mride and had thc rate of iuterest ns 0riginnI1:~~ estimated bee11 obtained tilercon and tile Zoard shall pay forthwith into the sinking fund any amount which the Accountant- General nlny certify to be deficient.
67. All pay~~lcnts due from the Board on account
of irltcrest on and rzpayment of loans shall be made lDtcr-t and
in priority to all other payments due from the Board. :$yrncn:;;
. .
other pal. mcnts.
68. N 0 t h ~ co ntni ned in this Act snall be demed Pqwer to
to affect tl:c powc; cf the D03i.d to raise 1oaw u n d ~ r ~ n ~ , I0ze 1916 the L O C ~ Authorities Loails Act, 1914. h a 1 ~uthot- r l t i e ~ Loans
bct, 1 91 4.
38
540 THE ~RISSA PORT TRUST ACT, 2962 [Or. Act 34
CHAPTER VLU
LEVY AND COWRY OF ~ T E S
~ u ~ , I . ~ ~ ~ ~ I ~ 69'- All dues IeviabIe immediately before the under tho coming into force of this Act in respect of any port Orissa port^'
Regulation, in pursuance of the provisions of the OrisSa Ports'ori- 1 9 3 7' lo Regulation, 1937 shall continue to be so leviable until z:911 contlnup. it is otherwise declared by Government by notifiation
in that behalf. s c 70:(I) The Board shall frame a scale of rates on r*tt'n payment of which and a statement of conditions subject to which-
(a) any ,of the services specilicd in Chap- V
shaIl be - render9 by it or by a person to
whom any servlce has been relinquished
under d o n 38 or partly by one and partly
by the other ;
(b) the benefit of any df the works and appliances s m e d in the said Chapter
shall be availed of ; and
(c) any property belonging to or in possession
or occupation of the Board or, any pIam
within the limits of the port may be used.
(2) In determining the rates and conditions under sqb-section ( I ) the Board may, and if 60, directed by
Government shaII, provide for the levy of a special
scale of rates in respect of wharves, roads and railways
in the construction of which heavy expenditure bas
been incurred.
Sale o r i r t t s 71. Without prejudice to the generality of parucdar of section 70 the Board shall, in particular,
D orvia:. bncdt~ a d determine the rates and conditions. under the said urn- section-
(i) in respect of ' the following services rendered
and benefits available, namely :--
(a) transhipping of goods or passengers between
vessels in harbo~s ;
39
(b) landing and shipping of goods or passengers
from or to such vessels, t o or from any
wharf, quay, pier, dock, land or building
in possession or occupation of the Board
or at any place within the limits of the port;
(c) cranage or porter'age of goods on any such
place ;
(d) wharfage, storage or demurrage of goods on any such place ; and
(e) any other service in respect of vessels, passengers or goods ; and
(ii) In respect of the use of any property
belonging to or i n possession or ' occupation of the Board for the purposes herein specified, namely:-
(a ) approaching or Iying at or alongside any moorings, wharf, qua , pier, dock,. land, B
. - buiIding or place as a oresaid by vessels or
boats ;
(b) entering upon or plying for hire at' any wharf, quay, pier, dock, land, building , . , . .
or place as aforesaid by animals or vehicles
carrying passenger or goods;
(c) leasing of land or sheds to owner of goods . - .
imported or intended for export or by steamer agents ; and
(d) any other use of any land, roads, canals, works or appliance belonging to or main- tained or provided by the Board.
72. m e Board may, frame a consolidated ~ ~ a l e ~ m s o ~ i d ~ ~ a
of rates for any combination of the services specified ;bi,,,ik , in sections 70 and 71 or for any combination of such of services. service or services with any user or permission t o use any property belonging to or in the possession or occupation of the Board, as speczed in the said
sections.
40
Prior sanc- t ion or Oovernmcn t t o such scalcs.
73. (1) Every scale and every statement of condi-
tions framed by the Board under sections 70, 71 or 72 shall be submitted to Government for sanction,
and when so sanctioned and published in the official Gazette, shall have the force of law ; and may, in
Eke manner from time to time, be amended or added to by the Board.
(2) The Board may, in special cases, with the prior sanction of Government, r e h t the whole or
any portion of the rates or of any charge leviable
according to any scale in force under this section
and may suo motu correct mistakes, remit overcharges made in its bills, and write off irrecoverable sums up to a Iimit of two hundred rupees in each case.
(3) In respect of any item of any scale of rates
framed in pursuance of sections 70, 71 or 72 the
Board, with the previrus sanction of Government
may fix maximum and minimum rates, and may levy any charges not exceeding the maximum and not below the minimum so k e d .
RcFund 74. No person shall be entitled to the refund of ovcr C ~ X E C S . an overcharge except on application made by him
or on his behalf to the Board before the expiry of six months from the date of payment and in the form and manner specified by regulations made in that
behalf. Power to 75. (1) If in any case- incrensc rates
ciency of
revenue.
(a) on the preparation of the estimate of any
year, it appears that the estimated income of the Board for such year, after deducting
therefrom the estbated expenditure of such year, wiU' be insacient for the payment of the interest which may be
payable by the Board during such year
to Government or to any other creditor and of my sinking fund established under
section 64 and of any sum the repayment of which is due in pursuance of any terms fixed under setion 56 ; or
41
(b) ail any time during the course of a year, it appears that the income of such portion of the year as has then elapsed, and the estimated income of the residue of such
year after deducting therefrom the actual expenditure of such past portion and
the estimated expenditure of such residue,
will be insufficient far the payment of
the said interest, sinking funds and sums
due ;
the Board ,may, and upon the requisition of Govern- ment shall, increase the rates for the time being in
form to such extent as will render the estimated income
of the year sufficient as nearly as may be for the pay-
ment in full of the said interest, sinking funds and sums due.
(2) Such increased rates shall be iked by the
Board, and if approved by Government, shall be
published in the Official Gazette and shall become leviable after the expiration of one month from the date of such publication, and continue to be so
leviable until altered by the Board with the sanction
of Government.
76. If the Board shall, for fifteen days after the power or receipt by the Chairman of any such requisition from Qovcmmeut to enhance
Government, neglect or refuse to submit to Govern- ra!es,ifBoard
ment for approval such increased rates, Government fails to do SO. may by notificaion increase such rates as they think fit, and such notification shall have the same force as if a new scale of rates to the same effect had bees duly framed under section 70, 71 or 72 and sanctioned and published under section 73.
77. The Roard shall not lease, farm, sell or Board ,-,it
alienate any power, vested in it under this Act, of without lcnsc r a m ~ a n c - levying rates without the prior approval of Govern- ,ion. ment.
78. All fines and penalties recovered under this Fines and Act (other than fines and penalties imposed by a pcnalli:s Court) shall be paid to the Board. paynblu 10 Hoard.
42
Paymcpt of 79.The Government may at any time direct balancc of
Port Fund that the whole or any portion of the balance of the
to Board. moneys which may be credited to the ConsoIidated Fund of the State in t h ~ account of Port under the Indian Ports Act, 1908 or the Ocissa Ports ReguIatio11,ls 01 1908. Orissa 1937 after defraying therefrom all expenses legaliy,,,l,,i,, chargeable from the said income shall 5 e paid to the 11 of 1937.
Board for the purpose of this Act.
Timc for p,,,, or 80. Rates in respect of goods to be landed shall
r a t e on be payable immediately on the landing of the goods and in respect of goods to be removed from the premises of the Board or to 'be shipped for export or trans- hipped, befor e the goods are removed or shipped or transhipped.
81. For the amount of all rates Ieviable under Lien ofntcs this Act in respect of any goods, and for the rent due
to the Board on any buildings, plinths, stocking 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
are fully paid.
82. Such lien shall have priority over all other
over otberlje11~ and cIaims, except for general average and for ""
md the ship-owner's lien upon the said goods for freight claims.
and other charges where such lien exists and, has
been preserved in the manner provided in section
86 and for primage, and for money payable to Govern- ment.
fi~scrvntion 83. If the master or owner of any vessel or his
or lien agent at or before the time of Ianding from such vessel
frcight aRcr , of any goods at any dock, wharf, quay, stage, jetty o rp i e r i n the occupationoftheBoard,givestothe Board notice in writing that such goods are to remain subject to a lien for freight or other charges including landing charges payable to the ship-owner to an amount to be mentioned in such notice, such goods shall continue liabIe to such amount.
Retation OF 84. Such goods snall be retained in the custody
such goods
untillien is of the Board, at the risk and expense of the owners
dischared. of the said goods until such Iien is discharged as
,hereinafter mentiond, and godown or storage rent shall be payable by the party entitIed to such gods
for the time during which they may be so rehincd.
43
85. Upon the production to any officer appointedsis~h~e of by the Board in that behalf of a document purportiog;,p,jDp;;yncr's t o be a receipt for or a release from the amount of frcigbt. such lien, executed by the person by whoni or on whose behalf, such notice has been given, ;he Board
may permit such goods to be removed without regard
to such lien, provided t h ~ t the Board shall have used
reasonable Fare in respect to the authedicity of such document.
86. The Board may, after the expiry of two ;;:a$ficr
months from the time when any goods have passed , months
into its custody, or in the case of perishable goodsifracesor rents are not after the expiry of such shorter period not paid or Iieo
being less than twenty-four hours as the Board may lor 1s not think fit, seIl by public auction so much as may d;,h,,,d. be necessary of such goods-
(a) if any rates payale to the Board in respect of such goods have not been paid ;
(b) if any rent referred to in section 81 -in respect of any place on or in which such goods have been stored has not been paid; or
(c) if any lien of any ship-owner for freight or other charges of which notice has been given hae not been discharged and if the person claiming such lien for freight or other charges has made an application for stlch sale.
87. Before making such sale, ten days' notice ~ o t i c a of of the same shall -be given by publication thereof in "'o the Official Gazette, unless the goods are of a perish- able nature so as to, in the opinion of the. Board, render their immediate sale necessary or advisdble, in which event such notice shall be given as the urgency of the case requires.
88. If the address of the owner of the goods hasN0tim ,r been stated on the madest of the cargo or in any of s a l o to the documents which have come into the hands of owner.
the Board, or is ,otheiwise knovh, notice ' shall also
be given to the owner of the goods by registered post :
Provided that the .title of a bona fide purchaser
of such mods shall not be invalidated by reason -of
44
the omission. to send the notice hereinbefore mentioned, nor shall any such purchaser be bound to inquire whether such notice has been sent.
A pllcation 89. ( 1 ) The proceeds of. every such sale shall be applied 'in the following order or priority, namely .-
prwcda.
(a) in payment of the expenses of the. salt ;
(b) in payment, according' to their respective priorities of the Liens subject to the provi-
sions of section 82 ; and
Ic) in payment of the rates and expenses of landing, removing, storing or warehousing the same, and of all other charges due.
to the Board in respect thereof.
(2) The surplus, - if any, shall be paid to the importer, owner or consignee of the goods, or to his
agents on his applying for the same :
Provided that such application shall be made within one year from the sale or reason be shown to
the satisfaction of the Board why such application was not so made ; and ib case such application has not been so made or reason shown, 'such surplus shall be heId by the Board upon trust for the purposes of t h i s Act.
~ccovtry oi 90. ( I ) Lf the master of any vessel in respect of ratC48nd charges b y which iny rates or penalties are payabIe under this
dismint of Act, or under any bye-laws, rules, regulations or '"". orders made in pursuance thereof refuses or neglects
to pay the ,same or any part thereof on demand it shall be lawful for the Board to distrain on its own
.authority such vessel and the tackle, apparel and furniture belonging thereto or any part thereof and .detain the same until the amount so due is paid.
(2) I-n case any part of the said rates or penalties
or of the c o s t of the distress or of the keeping of the same, remains unpaid for the space of fiVe days next after any such distress has been made, the Roard may cause the vessel or other things so distrain~~i
45
to be sold and- with the proceeds of such sale, shall
satisfy such rates or penalties and costs, including the
costs of sale, remaining unpaid, paying the surplus, if any, to the master of such vessel on demand.
91. If the Board gives to the Officer of Govern- Grant
ment whose duty it is to grant the port-cIearance port-c~caia- 3f any vessel a notice: stating that an amount therein nca after PBymWDr of speczed is due in respect of rates or penalties chargeable patar.
under this Act, or under any bye-laws, ruIes or orders made in pursuance thereof, against such vessel, or
by the owner or master of such vessel in respect of any goods on board such vesseI, such Officer shalI not grant such port-clearance until the amount so
chargeable has been paid.
92. Notwithstanding anything in this Act instead Altcrnalivc of proceeding against the defaulter by distress and by
sale as hereinbefore provided or after a defaulter has been so proceeded against unsuccessfulIy or with partial success, any surn due or the balance of any sum due. as the case may be, from such defaulter on account of any rates, damages, expenses, or costs, may be recovered by a suit in a court of competent jurisdic- tion.
93. The Board shall .have the fight and privilege Pilotas re,
of maintaining pilots or harbour-masters for the navigation of vessels at the port, and all fees for
pilotage shall be paid to the Board.
94. .No person shall be appointed as pilot or~ppof~~trncnt
harbour-master who is not for the time being author- pi10'4m
ised by Government under the provisions of the
I 5 of 1908 I~dian Ports Act, 1908, to pilot vessels.
95. (1) Notwithstanding anything contained in ~ n l o s and
Chapter IT1 the Board may make special reylations~~::~$l for regulating the behaviour and conduct of pilotsp~~ots. or harbour-masters, and may provide that any breach thereof shall render the person committing it liable' to a penalty- not exceeding two hundrd rupees in
46
THE ORISSA POUT TRUST ACT, 1962 [ Or. Act 3Q
addition to such punishment in the form of suspension, dismissal or the like as the Board may deem ex-
pedient to inflict.
(2) Such regulations shall have no effect until they have becn approved by the Government and published in the oficia1 Gazette. Expcnditurc
on pilotage. 96. All sums credited to the pilotage account under clause (0) of sub-section (2) of section 40 may
be applied, in scch proportions as the Board may, from time to time , direct, to the following purposes only, namely :-
{ I ) the purchase and maintenance in repair of such vessels, and the supply of such
materials stores or other things as the Board may deem i t necessary to maintain or supply for the efficiency of the pilot
service ;
(2) the payment of lbe salaries and allowances of pilots or harbour-masters and other officers and servants of the Board employed in the pilot service. or in the supervision
thereor' ;
(3) the payment of pensions or retiring era-
tui ties or con~passionate a110 wances to
pilots or har bour-masters and ,other officers and servants engaged in the pilot
service, and of the contributions, if any,
duly authorised t o be made in their behalf to any PI ovidsnt fund ;
(4) the payment of pensions, gratiuties and compassionate alioivances granted by the
Board t o pllots or harbour-masters and
other cfficers and sewants engaged
in the pilot service, who have been injuted in the execuiion of their duty and to the
surviving relatives of pilots. or harbour- masters, officers and servants .so -engaged,
who may die in the service of the Board.
47
of 19621 THE ORISSA PORT TRUST ACT, 1962
(Seu. 97)
CHAPTER =I
RGS,S, XEGULATIONS AND BYE-LAWS
97. ( 1 ) Govcrnment may, after previous publi- po.cr or Govcrnrncn t cation, make ruIe,s to cai'ry Out [he purposes of this to makc rules
Act. undcr thc
(2) In particular and without yrejudice to the A C ~ .
generality of the roregojng power, such rules may provide for all or any of the following mattelms, namely :-
(a),the qualifications of persons to be elected as Trustees of the Board ;
(b) the salary and allowances to be paid to the Chairman, Vice-chairman and persons appointed to act during their absence on leave and the conditions and restrictions subject to which the same are payable ;
(c) the fees payable to the Chairrrian, Vice- Chairmarl and other Trustees of the Board for attendance at meetings and the conditions and restrictions subject to
which such :ees are payable ;
(d) the inquiry into and decision of objections referred to in section 14 ;
(e) the conditions subject to which the Board may relinquish the performance of any
of the sersices specified in clauses (a) and
(e) of' sub-section (I) of section 35 or enter into any agreement accepting a greater or lesser liability than that ~mposed
on the Board by sub-section ( I ) of section , A . .. , . . 37 ; .- .
. - - -
(f) the form of the receipt to be giten under sub-section ( I ) of section 36 by the Board, or in pursuance of t k provisions of
section 39 by a person to whom any -service
have been relinquished ;
(g) the form of annual estimates of income and
expenditure to be laid before the Board under sectiort 47; and
48
(h) any other matter which under the provisions
of this Act is required to be or may be
prescribed.
(3) All rules made under this section shall have
effect as if enacted in this Act. Regulations
whcn to 98. No regulation made by the Board shall have
takccffcct. effect until it has been approved by Government and published in the Gazette.
Powcr to 1 ramc byc-
99. The Board may from time to time make bye- I ~ S . laws not inconsistent with the provisions of this
Act or of the Indian Ports Act, 1908 in respect of all l5 Or l9 08
or any of the following matters, namely:-
( I ) the guidance of persons employed by the Bodrd under this Act ;
(2) the safe and convenient use of the docks, wharves, quays, jetties, sheds, warehouses, railways, tramways and other works constructed or' maintained by or vested
in the Board under this Act ;
(3) the use of the public landing places construc-
ted by or vested ill the Board ;
(4) the reception, porterage, storage and removal of goods brought within the premises of the Board and for the exclusive conduct of these operatio~ls by the Board or persons employed by thz Board ;
(5) keeping clean the harbour and basins and the works of the Board and for preventing
filth or rubbish being thrown therein
or thereon ;
(6) regulating, declaring and defining the docks
wharves, quays, jetties, stages and piers, vested in the Board on which goods shall be landed from vessels and shipped on
b a r d vessels ;
(7) regdating the Ii&terage of cargo between
ships or between ships and shore or
between shore and ships:
49
THE ORISSA PORT TRUST ACT, 1962 55 1
(8) the exclusion from its premises of disord-
erIv or other undesirable persons and of tresspassers ;
(9) regulation or restriction of t he use of sites
for different purposes within the limits of the port ;
(10) regulation or restriction of buildings in different areas withjn the said limits and of temporary structures therein ;
(If) regulation or prohibit ion of rise or occupation of any public street
and any matter in connectio~ with the construction, repair, maintenance and lighting of such street ;
(12) regulation, control and supervision of
places where dangerous or offensive trades, occupations or practices are carried on;
(13) regulation and control of hospitals and
dispensaries ;
(14) matters reIating to water -supply, drzinage
and sewerage disposal ;
(15) imposition of fees that may be charged in respect of licences and permissions required to be granted by the Board under any bye-law and fees that may
accompany notices and applications required to be given or made to the Board
for any of the purposes of this Act;
(16) the mode of payment of the rates IeviabIe under this Act; and
(17) generhlly For the carrying out of the pur- poses of this Act.
100. No bye-law or alteration or revocation of B3x-I-[aws a bye-law shall have effect until the same has been when to
published in three successive issues of the official h"wcfl'"to
Gazette and has been approved by Government.
50
THE ORISSA PORT TRUST ACT, 1962 :Or. Act 30 Penalticsfor 1OB.I l )TheBoard l l l ayp rov ide t l~a tab reach iniringcmenl Of ,ny
or bye-laws. bye-law shall be punishable with finc which may extend to five thousand ruyces and in case of a continuing breach with linc w11ich may extend to five hundrcd rupees for every day dulhjns which the breach continyes after conviction for the first breach.
12) Any such bye-law may also provide hat a person contravening the same shall be required to remedy, so far as Iies in his power, the mischief, if any, caused by such co~ltravention. Exhibition
102. The Board shall cause the said bye-laws of bye-laws and the scales of rates leviable by the Board tocether 3lld SC;IJCS 01 with a statement of Ihe couditiol~s under whlch it
ratcs and
charges. is prepai-ed to render scrvjces 01. to provide for ser- vices to be rendered to be hung up at the several wharves, docks and piers and other convenient places on the premises of the Board.
Cancellation
103. Goverlulnent may by an order. published of byc-la,vs. in the oficial Gazette at any time, annul any such bye-lawr..
CHAPTER XI
104. Any person who, being a Trustee or an
. Oficer or Servant of the Board, in any case not cov-
sicd in an- cr-ed by sub-section (2) of section S, acquires directIy
1 rncls with Or
R i ~ ~ r d . indil-ectly any share or' interest in any contract or empIoyment with, by or on behalf of the Board shall be deetu ed to have colnn~it ted an offence punishable i~nder scctioil 168 of the i ~ l d i a ~ l Penal Code. 45 or I ~ C O pcnnlly fur 105. Any officer or SCI-vant of the Board, not
u b ~ a i n i ~ ~ g bci~lg ;l j~ubiic scl-v0a!lt wj t11i 11 the meaning of section
1llcg.ll grati- 21
fiiarinn. or the Irtdinr~ Penr~l Code, who accepts or obtains, or asrees to accept 01. atten~pts to obtain from any 45 or 1860
pel-so11 for hirnsclr or for nny other person any grati- ficat ion whn tsovcr, other than legal remuneratjon, as a reward for doing or forbcaring to do any official act or for showing or forhearing to show, in the exer- cise of his oficjal ful~ctions, favour or disfavour t~
51
any person or for rendering or attemptinz to render
ally service or disservice to any pe'rson with tile Board or with any public servant as such, or with the
Goi.elhnment slzall be li~,ble to the same punisilment
45 of 1 8 ~ as is provided under t h e Indian PenaI Code in rhe case ~f 2 like offence committed by a public servant.
206. Any person who, when duly -required so to do Penalty Tor pcru5in[: or
by any audjtor of accouilts mder section 54. refusesncslcclins -- - -
to appear 01% neglects ro appear before such euditor or to produce any book, deed, accounts, voucl~er, docu-nudi ro iof ment or paper or to answer any question or prepare~~~.OUni"
and submit any state~nent shall be punishable for every such neglect or refusal with fine wkch may extend to one hundred rupees.
107. Whoever infrinzes any order issucd ~rnder.P"n"~y ror ~nrringcmcnr section 29- or 30 or violates any condition imposed ,,r scc~ion
under section 32 shall be punished with f ne which29, 3°n r 32-
n a y e ~ t e n d from ten to o w hundred rupecs and i f the infringcmcnt or violation be contil~uing with n further fine irfllicT1- may extend to one hundred r,upecs for every day during which such infringement or violation ~ontinues.
108. Any person who without licence from e zz;:Yi.C& competent authority wilfully deposits or permits ~~ILI, , ct .,
his servants to deposit any dust, dirt, dung, ashes, ;&,5 or
refuse or filth of any kind or broken glass. earthen- f~rcstiarc.
ware or rubbish in or upon any wharf, dock or pier in the possession of the Board or in or upon any part of thc foreshore of the port shall be punishable wi th fine which may extend to ten rupees for each offci~ce. Pcnally Inr 109. (1) Any person, other than the Board orscrlinFup
the Consei-va tor of the Port, who shell, witllou t fist u.1jar\cs, q y s , CLC., obtaining the written consent or Government to his ,v,hirut so doing, mtrke, seL up or fix ~vithin the limits of pcrmiss~o~l .
the port, any wharf, quay, pier, lnooriilg o? other erection whatsoever, shall be punishable with fine rrrhich nlay ex!end to one thousand I-upecs and to a further fine which may extend to one I~undrcd rtlpees for every day duril-~g which he shall p e r n ~ i t such vrharf?
quay, pier, moor i~~g or other erection to remain, after notice to removc the same has bcen ~ i v e n to hiin.
52
Penally for understating
quantity or weight of g ~ o d s or ~ n c o r m l y
deseri b ing rhcm
(2) Any such wharf, quay, pier, nloorins or other erecdon within the limits of the port may be rernwed
by the Board and the person who made, set up, or fixed the same shall be liablc to pay all expenses which may be incurred by t ne B ~ a r d in the removal thereor and all such expenses shall, on the appiication of the Board, be recoverable under a Magishate's warrant s s if the amount were a fine inflicted by such Magistrate.
110. If it b e found when goods are imported at or exported Crom any v~karf, dock or pier in the possession of h e Board, that the weight, quzntity
or description of such goods bas been und.cr mted
or incorrectly givcn ir! any docurneat presented to
any officer of the Board for the purpose of enabling him to determine the rate payable in respect nf the said goods, the owner of such goods shall be liabie
to pzy to the Board such sum not excezding twice the proper rates on tht: whole weight or quantity of the cnnsignmenf of gouds so u d t r s t a t e d or incorrectly described, as may be determined by the Board and the said sam shall, on the application of the Bcard, be recoverable under a Magistrate's warrant as if
it werc a fine inflicted by such Magistrate.
113. Any person who removes or attempts to
Ptnahv for rernove or abets the remo1;al of acy vessel or goods I c m d i n ~ ~ with the intention of evading payment of the rates
mles, etu. lawfully due in respect thereof io the Board shall b~
punishabje with fine which may extend to fifty rupees.
112, If, though the negligence oi' any person , having the guidance or c o m m ~ ~ ~ d of any vessel cc o f value of of any of' the mariners or persons employed cn such
damage 1 0 vessel, daaage shall be caused io any wharf, dock, or ~omd. pjer or other work iri the possession of the Bonrd the amounl of sues damage shall, on the application of the Board, be rmveia.hIe, together with the cos t of such rmver- j by distress an6 sale llnder a Magi-
strate's w a ~ a u t , ~f a sufi~ieril portion of e h ~ boa~s, masts, spars, ropss, cables, anchors vr stores belon- ing to such vessel :
Frovided thar ng Mapstrate shaII isme sucn a warrant until rhe rnasser of ihe vessel h2s beer, tiltrn-
moned tc zppear before him and if he apyears, c ~ ~ t i l be has been heard :
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Provided further that no such warrant shall issue if the vessel was at the time under the orders
of a duly authorised servant of the Board or officer
in the pilot service of the port and unIess the damage
caused was in no way attributable to the order, act
or improper o~nission of such servant or officer.
113. Save as otherwise provided, no Ma@strate Cognitanu!
of orrc nccs other than a Magistrate of the first or second class Acr
shalI try any oKence against this Act or against any or bye-laws. bye-law published under section 100.
CHAPTER XI1
114. Nothing in this Act shall affect any power saving af vested in the Chief Officer of Customs under any ~ ~ ~ ~ m s of law for the time being in force. Collector
undcr exist-
ing law.
115. ( I ) No suit shall be commenced against ki:;c the Board or any person for anytlung done or pur- ding porting to have been done in pursuance of this Act rqpccl of thlngs done or the rules, regulations or bye-Iaws made thereunder the Act.
(n) until the expiration of one month after notice in writing has been given to the Board or to such person stating explicitly the cause of action, the nature of relief sought, the amount of the compensation, if any, claimed and the name and address of the intending plaintiff and udess the plaint contains a statement that such notice has been so given ; and
(6) after the expiration of six months from the date on which the cause of action for such suit arose.
( 2 ) No suit or prosecutiol~ or other proceeding shall be entertained in any court against the Board or against any person for anything which is in gbod faith done or illtended to be done under this Act or any rule, regulation or bye-law made thereunder.
54
556 'THE ORISSA POKT TRYST ACT, 1962 [Or. Act 30 of P96Zi Saving of 116. (1 ) The Roard shaII not be liable Tor any
liability 01 act or default of any officer or servant appointed
for under this Act or under the Indian Ports Act, 1908, 1 5 3908 acts or oficcrs or if the Board be appsinted by Government under
9cNants. the said Act to be the Conservator of the port, or of any person acting under the authority or direction of any such officer unless such act a r defiiull is done or made under the direction of the Board! nor for
ally darnage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other
things belonging to the Board.
(2) Notwithstanding any thing contained in sub- section ( I ) the Board may, in any special case with
the sanction of Government, award compensation to any person for any act done, default made or damage caused by tht Board or any of its employees.
Submission 317. The Chairman shaII supply such retarns
orrc[urns and information as may be called for by the Govern-
and,inTor- rnatjon to l~ienf for the purposes of this Act. Oovcmrucnt.
Power OT 118. (1 ) If, at any time, in the opinion of Govern-
Govcmncn~ ment the works intended to be executed by the Board
ro t+C por3css,oo under this Act have not been, and are nor likely to of worksand be properly carried out or maintained by the Board,
cancel powers of they may give six months notice, by order published Board. in the official Gazette, that unless, within that period, the Board takes measures, to their satisfaction for the carrying out 3r maintenance of the said works, the powers by this Act conferred on the Board shall,
at the end of such period, be withdrawn or revoked.
(2) Ir, at the end of such period the Board fails to take such measures. Government may assume pclssession and management of the works already constructeri and may, by a like notification, declare the powers of the Board to be withdrawn or revoked
and upon publication cf such modification, all immov- abIe and movable property, all rights of levying and recovering rates and'penalties, all benefit of contracts, and all rights of suit which at the time are vested in
the Board shall be transferred to, and vested in Government an6 the rights of all creditors of the Board under this Act shaU continue as against Govern- ment to the exlcl l t of the property so transferred to
and vesied in them.
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