Section 88:
Application of moneys in general account.
(1) The moneys credited to the general account
under section 87, shall, subject to the provisions of section 89 of this Act and of section 36 of the Indian
Ports Act, be applied by the Board in payment of the following charges, namely:--
(a) the interest and instalments of principal due in respect of any loan that may have been raised
or obtained by the Board or for the repayment of which the Board may be liable, and payments to the
sinking fund established for such loan;
(b) the salaries, fees, allowances, pensions, gratuities, compassionate allowances or other moneys
due to--
(i) the Chairman, Deputy Chairman and other Trustees;
(ii) the employees of the Board; and
(iii) the surviving relatives, if any of such employees;
(c) the contributions, if any, payable to the Central Government or any State Government on
account of the pension and leave allowance of any officer lent to the Board by such Government;
(d) the cost and expenses, if any, incurred by the Board in the conduct and administration of any
provident or welfare fund or loan or special fund established by the Board;
(e) the contributions, if any, duly authorised to be made by regulations made under this Act to any
such fund as is referred to in clause (d);
(f) any charges for which the Board may be liable under section 108 or section 109;
1[(g) such sums as may, from time to time, be agreed upon by the Board and a State Government
or the Central Government or any other authority, as a reasonable contribution payable by the Board
towards the expenses in connection with the watch and ward functions of the police force or the
Central Industrial Security Force or any other force which the State Government or the Central
Government or the other authority, as the case may be, may establish and maintain for the protection
of the port and the docks, warehouses and other property of the Board;]
(h) the cost of repairs and maintenance of the property belonging to or vested in the Board and all
charges upon the same and all working expenses;
(i) the cost of the execution and provision of any new work or appliance specified in section 35
which the Board may determine to charge to revenue;
(j) any expenditure incurred under section 36;
(k) any other expenditure which may be incurred by the Board generally for the purposes of this
Act;
(l) any other charge which may on the application of the Board 2[or otherwise] be specially
sanctioned by the Central Government or for which the Board may be legally liable.
(2) 3[Subject to such general or special directions as the Central Government may, for the purpose of
maintenance or development of major ports in the country or generally for the development of shipping
and navigation, give in this behalf, all moneys standing at the credit of the Board] which cannot
immediately be applied in the manner or for the purposes specified in sub-section (1) shall--
(a) be deposited in the State Bank of India or in such 4[corresponding new bank or banks], and
subject to such conditions as may, from time to time, be specified by the Central Government; or
(b) be invested in public securities or in such other securities as the Central Government may
approve in this behalf; and the said securities shall be held in trust by the Board for the purposes of
this Act;
5[or].
6[(c) be given as a loan to the Board of another port for the development of that port.
7[(d) be invested, in any manner, in an arrangement referred to in sub-section (3A) of section 42;
(e) be invested, in any manner, in the development or management of any port including a port
other than a major port on such terms and conditions as may be approved by the Central
Government.]
Explanation.--For the purposes of this sub-section, "corresponding new bank" means a
corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (5 of 1970) or the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1980 (40 of 1980).]
6[(3) Every direction issued by the Central Government under sub-section (2) shall be complied with
by the Board and shall not be called in question in any court on any ground.
(4) No suit or other legal proceeding shall lie against the Central Government, the Board or any
officer or other employee of the Board authorised by it in this behalf for any loss or damage caused or
likely to be caused by anything which is in good faith done or intended to be done in pursuance of any
direction issued under sub-section (2).]
Notes:
1. Subs. by Act 29 of 1974, s. 30, for clause (g) (w.e.f. 1-2-1975).
2. Ins. by s. 30, ibid. (w.e.f. 1-2-1975).
3. Subs. by Act 12 of 1988, s. 2, for "All moneys standing at the credit of the Board" (w.e.f. 28-1-1988).
4. Subs. by s. 2, ibid., for "scheduled bank or banks" (w.e.f. 28-1-1988).
5. Added by s. 2, ibid. (w.e.f. 28-1-1988).
6. Ins. by s. 2, ibid. (w.e.f. 28-1-1988).
7. Ins by Act 22 of 2000, s. 3 (w.e.f. 1-9-2000).