Section 29:
Transfer of assets and liabilities of Central Government, etc., to Board.
(1) As from the
appointed day in relation to any port--
(a) all property, assets and funds 1[and all rights to levy rates] vested in the Central Government
or, as the case may be, any other authority for the purposes of the port immediately before such day,
shall vest in the Board;
(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and
things engaged to be done, by, with or for the Central Government or, as the case may be, the other
authority immediately before such day, for or in connection with the purposes of the port, shall be
deemed to have been incurred, entered into and engaged to be done by, with or for the Board;
(c) all non-recurring expenditure incurred by the Central Government or any State Government
for or in connection with the purposes of the port up to such day and declared to be capital
expenditure by the Central Government shall be treated as the capital provided by the Central
Government or, as the case may be, the State Government to the Board;
(d) all rates, fees, rents and other sums of money due to the Central Government or, as the case
may be, the other authority in relation to the port immediately before such day shall be deemed to be
due to the Board;
(e) all suits and other legal proceedings instituted by or against the Central Government or, as the
case may be, the other authority immediately before such day for any matter in relation to the port
may be continued by or against the Board;
(f) every employee serving under the Central Government or, as the case may be, the other
authority immediately before such day solely or mainly for or in connection with the affairs of the
port shall become an employee of the Board, shall hold his office or service therein by the same
tenure and upon the same terms and conditions of service as he would have held the same if the Board
had not been established and shall continue to do so unless and until his employment in the Board is
terminated or until his tenure, remuneration or terms and conditions of service are duly altered by the
Board:
Provided that the tenure, remuneration and terms and conditions of service of any such employee
shall not be altered to his disadvantage without the previous sanction of the Central Government.
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any
other law for the time being in force, the transfer of the services of any employee under this section to the
Board shall not entitle such employee to any compensation under that Act or other law, and no such claim
shall be entertained by any court, tribunal or other authority.
2[(3) Notwithstanding anything contained in clause (a) of sub-section (1), the right to fix rates vested
in the Board shall vest in the Authority as from the date it is constituted under sub-section (1) of section
47A.]
Notes:
1. Ins. by Act 29 of 1974, s. 13 (w.e.f. 1-2-1975).
2. Ins. by Act 15 of 1997, s. 11 (w.e.f. 9-1-1997).