Section 36:
Receipt, expenditure and account of port-charges.
(1) The 1[Government] shall
appoint some officer or body of persons at every port at which any dues, fees or other
charges are authorised to be taken by or under this Act to receive the same and, subject to the
control of the 1[Government], to expend the receipts on any of the objects authorised by this
Act.
(2) Such officer or body shall keep for the port a distinct account, to be called the port
fund account, showing, in such detail as the 1[Government] prescribes, the receipts and
expenditure of the port, and shall publish annually as soon after the first day of April as may
be practicable an abstract, in such form as 2[the Government] prescribes, of the account for
the past financial year:
3[Provided that the port fund account for any port may, if so authorised under the provisions
of any Act relating to such port, be merged with the general account of that port, and in such a
case, the provisions of sub-section (6) shall not apply and the provisions of sub-sections (4) and
(5) shall have effect as if for the words "the port fund account of the port" therein, the words
"the general account of the port" had been substituted.]
4* * * * *
(4) All money received under this Act at or on account of any port subject to this Act,
excluding receipts on account of pilotage but including -
5[(a) fines other than those creditable to the pilotage. account of the port under
sub-section (5a)],
(b) proceeds of waifs, and
(c) any balance of the proceeds of a sale under section 14 where no right to the
balance has been established on a claim made within three years from the date of the
sale,shall be credited in the port fund account of the port.
(5) All expenses incurred for the sake of any such port, excluding expenses on account of pilotage
but including--
(a) the pay and allowances of all persons upon the establishment of the port,
(b) the cost of buoys, becons, lights and all other works maintained chiefly for the benefit
of vessels being in or entering or leaving the port or passing through the rivers or channels
leading thereto,
(c) pensions, allowances and gratuities of persons who have been employed in the port under this
or any other enactment relating to ports and port dues, or such portion of those pensions, allowances
and gratuities as the 6[Government] may by rule determine.
(d) with the previous sanction of the 6[Government], contributions towards the support of
public hospitals or dispensaries suitable for the receiption or relief of seamen or otherwise towards
the provision of sanitary superinendence and medical aid for the shipping in the port and for
seamen whether ashore or afloat, belonging to vessels in the port, and
(e) with the like sanction, contributions towards sailors homes, institutes, rest-houses and coffeehouses and for other purposes connected with the health, recreation and temporal well-being of
sailors,shall be charged to the port fund account of the port.
7[(5a) All fees charged for pilotage at any port subject to this Act 8[other than a major port] and
all fines and penalties levied under the Act or under any other Act relating to the port from pilots or
other persons employed in the pilot service other than fines and penalties imposed by a court, shall
be credited to a distinct account to be called the pilotage account of the port.
(5b) All sums so credited to the pilotage account may be applied, in such proportions as the
Government may from time to time direct, to the following purposes, namely:--
(a) the purchase and maintenance in repair of such vessels, and the supply of such materials,
stores or other things as the officer or body appointed under sub-section (1) may deem it necessary to
purchase, maintain or supply for the efficiency of the pilot service;
(b) the payment of the salaries, wages and allowances of pilots and other persons employed in the
pilot service or in the supervision thereof:
(c) the payment of pensions, retiring gratuities, compassionate allowances or bonuses to pilots
and other persons engaged in the pilot service, and of the contributions, if any, duly authorised to be
made in their behalf to any provident fund or welfare fund;
(d) the payment of pensions, gratuities and compassionate allowances granted by the
officer or body appointed under sub-section (1) to pilots and other persons engaged in the
pilot service who have been injured in the execution of their duty and to the surviving
relatives of pilots and other persons so engaged who have been killed in the execution of their
duty or who may die while still in the service of such officer or body;
(e) the provision of educational, recreational and other amenities for pilots and other persons
employed in the pilot service;
(f) the payment of contributions or appropriations to any special fund or funds established
under the provisions of any other Act relating to the port to which the officer or body
appointed under sub-section (1) considers contributions or appropriations should be made
from the pilotage account;
(g) any other expenditure which may, with the previous sanction of the Government, be incurred
in respect of the pilot service.
(5c) If the officer or body appointed under sub-section (1) at any port is also the authority
responsible for maintaining the general account of the port, then notwithstanding the absence of
any provision in that behalf in the Act under which such general account is maintained, such
officer or body may, with the previous sanction of the Government, apply any sum out of the
moneys credited to such general account towards meeting deficits, if any, in the pilotage account of
the port, or transfer the whole or any part of any surplus funds, in the pilotage account to the
general account of the port.]
(6) Subject to the provisions of any local law as to the disposal of any balance from time to time
standing to the credit of a port fund account 9[or of a pilotage account], any such balance may be
temporarily invested in such manner as the 10[Government], may direct.
Notes:
1. Subs. by the A.O. 1937, for "Local Government".
2. Subs. by the A.O. 1937, for "that Government".
3. Ins. by Act 35 of 1951, s. 191.
4 Sub-section (3) omitted by Act 6 of 1916, s. 9.
5. Subs. by Act 35 of 1951, s. 191, for cl. (a).
6. Subs. by the A.O. 1937, for "Local Government".
7. Ins. by Act 35 of 1951, 8. 191.
8. Ins. by Act 23 of 1992, s. 6
9. Ins. by Act 35 of 1951, s. 191.
10. Subs. by the A.O. 1937, for "Local Government".