Section 42:
Performance of services by Board or other person.
(1) A Board shall have power to
undertake the following services:--
(a) landing, shipping or transhipping passengers and goods between vessels in the port and the
wharves, piers, quays or docks belonging to or in the possession of the Board;
(b) receiving, removing, shifting, transporting, storing or delivering goods brought within the
Board's premises;
(c) carrying passengers by rail or by other means within the limits of the port or port approaches,
subject to such restrictions and conditions as the Central Government may think fit to impose; 1***
(d) receiving and delivering, transporting and booking and despatching goods originating in the
vessels in the port and intended for carriage by the neighbouring railways, or vice versa, as a railway
administration under the Indian Railways Act, 1890 ( 9 of 1890); 2***
3[(e) piloting, hauling, mooring, remooring, hooking, or measuring of vessels or any other service
in respect of vessels;] 4[and]
4[(f) developing and providing, subject to the previous approval of the Central Government,
infrastructure facilities for ports.]
(2) A Board may, if so requested by the owner, take charge of the goods for the purpose of
performing the service or services and shall give a receipt in such form as the Board may specify.
(3) Notwithstanding anything contained in this section, the Board may, with the previous sanction of
the Central Government, authorise any person to perform any of the services mentioned in sub-section (1)
on such terms and conditions as may be agreed upon.
4[(3A) Without prejudice to the provisions of sub-section (3), a Board may, with the previous
approval of the Central Government, enter into any agreement or other arrangement (whether by way of
partnership, joint venture or in any other manner) with, any body corporate or any other person to perform
any of the services and functions assigned to the Board under this Act on such terms and conditions as
may be agreed upon.]
(4) No person authorised under sub-section (3) shall charge or recover for such service any sum in
excess of the amount 5[specified by the Authority, by notification in the Official Gazette].
(5) Any such person shall, if so required by the owner, perform in respect of goods any of the said
services and for that purpose take charge of the goods and give a receipt in such form as the Board may
specify.
(6) The responsibility of any such person for the loss, destruction or deterioration of goods of which
he has taken charge shall, subject to the other provisions of this Act, be that of a bailee under
sections 151, 152 and 161 of the Indian Contract Act, 1872 ( 9 of 1872).
(7) After any goods have been taken charge of and a receipt given for them under this section, no
liability for any loss or damage which may occur to them shall attach to any person to whom a receipt has
been given or to the master or owner of the vessel from which the goods have been landed or transhipped.
Notes:
1. The word "and" omitted by Act 29 of 1974, s. 18 (w.e.f. 1-2-1975).
2. The word "and" omitted by Act 22 of 2000, s. 2 (w.e.f. 1-9-2000).
3. Ins. by Act 29 of 1974, s. 18 (w.e.f. 1-2-1975).
4. Ins. by Act 22 of 2000, s. 2 (w.e.f. 1-9-2000).
5. Subs. by Act 15 of 1997, s. 12, for "leviable according to the scale framed under section 48 or section 49 or section 50"
(w.e.f. 9-1-1997).