Act 38 of 1963

The Major Port Trusts Act, 1963

An Act to make provision for the constitution of port authorities for certain major ports in India and to vest the administration, control and management of such ports in such authorities and for matters connected therewith.

  • Ministry of Shipping
  • Enacted 1963-10-16
  • 151 sections
SectionTitle
1 Short title, commencement and application. Read
2 Definitions. Read
3 Constitution of Board of Trustees. Read
4 First Board of Trustees. Read
5 Board to be body corporate. Read
6 Disqualification for office of Trustee. Read
7 Term of office of Trustees. Read
8 Vacation of office of Trustees. Read
9 Eligibility of Trustee for re-appointment or re-election. Read
10 Filling of vacancies in office of Trustees. Read
11 Saving provision for appointment of Trustee by Central Government after prescribed period. Read
12 Power of Central Government to extend time for election or appoint Trustees in default of election. Read
13 Term of office in case of certain Trustees. Read
14 Absence of Chairman and Deputy Chairman. Read
14A Acting Chairman or Deputy Chairman. Read
15 Conditions of service of Chairman and Deputy Chairman. Read
16 Meetings of Board. Read
17 Committees of Board. Read
18 Fees and allowances payable to Trustees. Read
19 Restriction of power of Trustees to vote in certain cases. Read
20 Defects in appointments or election not to invalidate acts, etc. Read
21 Delegation of powers. Read
22 Duties of Chairman and Deputy Chairman. Read
23 Schedule of Board’s staff. Read
24 Power to make appointments. Read
25 Power to grant leave, etc., to employees of Board. Read
26 Consulting Engineer to Board. Read
27 Power to create posts. Read
28 Power to make regulations. Read
29 Transfer of assets and liabilities of Central Government, etc., to Board. Read
30 Existing rates, etc., to continue until altered by Board. Read
31 Repayment of capital with interest. Read
32 Procedure when immovable property cannot be acquired by agreement. Read
33 Contracts by Board. Read
34 Mode of executing contracts on behalf of Board. Read
35 Power of Board to execute works and provide appliances. Read
35A Power with respect to landing places and bathing ghats. Read
36 Power of Board to undertake certain works. Read
37 Power of Board to order sea-going vessels to use docks, wharves, etc. Read
38 If accommodation sufficient, all sea-going vessels compelled to use docks, wharves, etc. Read
39 Power to order vessels not to come alongside of, or to be removed from, docks, wharves, etc. Read
40 Power of Central Government to exempt from obligation to use docks wharves, etc. Read
41 Board to declare when vessels other than sea-going vessels compelled to use docks, wharves etc. Read
42 Performance of services by Board or other person. Read
43 Responsibility of Board for loss, etc., of goods. Read
44 Accommodation to be provided for customs officers in wharves, etc., appointed under Customs Act. Read
45 Dues at customs wharves, etc. Read
46 Power to permit erection of private wharves, etc., within a port subject to conditions. Read
47 Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful. Read
47A Constitution and incorporation of Tariff Authority for major ports. Read
47B Term of office, conditions of service, etc., of Chairperson and other Members. Read
47C Disqualification for the office of Chairperson and Member. Read
47D Removal, etc., of Chairperson and Members. Read
47E Meetings. Read
47F Authentication of all orders and decisions of the Authority. Read
47G Vacancy, etc., not to invalidate proceedings of the Authority. Read
47H Officers and employees of the Authority. Read
48 Scales of rates for services performed by Board or other person. Read
49 Scale of rates and statement of conditions for use of property belonging to Board. Read
49A Fees for pilotage and certain other services. Read
49B Fixation of port-dues. Read
50 Consolidated rates for combination of services. Read
50A Port-due on vessels in ballast.Read
50B Port-due on vessels not discharging or taking in cargo.Read
50C Publication of orders of AuthorityRead
51 Power to levy concessional rates in certain cases.Read
52 Omitted..Read
53 Exemption from, and remission of, rates or charges.Read
54 Power of Central Government to require modification or cancellation of rates.Read
55 Refund of overcharges.Read
56 Notice of payment of charges short-levied or erroneously refundedRead
57 Board not to lease rates without sanction.Read
58 Time for payment of rates on goods.Read
59 Board’s lien for rates.Read
60 Ship-owner’s lien for freight and other charges.Read
61 Sale of goods after two months if rates or rent are not paid or lien for freight is not dischargedRead
62 Disposal of goods not removed from premises of Board within time limit.Read
63 Application of sale proceeds.Read
64 Recovery of rates and charges by distraint of vessel.Read
65 Grant of port-clearance after payment of rates and realisation of damages, etc.Read
66 Power to raise loans.Read
67 Port Trust securities.Read
68 Right of survivors of joint or several payees of securities.Read
69 Power of one or two or more joint holders to grant receiptsRead
70 Indorsements to be made on security itself.Read
71 Indorser of security not liable for amount thereof.Read
72 Impression of signature on securities.Read
73 Issue of duplicate securities.Read
74 Issue of converted, etc., securities.Read
74A Recognition as holder of Port Trust securities in certain cases.Read
74B Legal effect of recognition by the Board under section 74A.Read
75 Discharge in certain cases.Read
76 . Power of Board to make regulations.Read
77 Place and currency of loans raised by Board.Read
78 Security for loans taken out by Board.Read
79 Remedies of Government in respect of loans made to Boards.Read
80 Power of Board to repay loans before due dateRead
81 Establishment of sinking fund.Read
82 Investment and application of sinking fund.Read
83 Examination of sinking fund.Read
84 Power of Board to raise loans on short-term bills.Read
85 Power of Board to take temporary loans or overdrafts.Read
86 Power of Board to borrow money from International Bank for Reconstruction and Development or other foreign institutions.Read
87 General account of portRead
88 Application of moneys in general account.Read
89 Omitted..Read
90 Establishment of reserve funds.Read
91 Power to reserve Port Trust securities for Board’s own investmentsRead
92 Prior sanction of Central Government to charge expenditure to capital.Read
93 Works requiring sanction of Board or Central Government.Read
94 Powers of Chairman as to execution of worksRead
95 Power of Board to compound or compromise claims.Read
96 Writing off of losses.Read
97 Powers, etc., of Board as Conservator or Body appointed under section 36 of Indian Ports Act.Read
98 Budget estimates.Read
99 Preparation of supplemental estimateRead
100 Re-appropriation of amounts in estimateRead
101 Adherence to estimate except in emergency.Read
102 Accounts and audit.Read
103 Publication of audit report.Read
104 Board to remedy defects and irregularities pointed out in audit report.Read
105 Central Government to decide difference between Board and auditors.Read
106 Administration report.Read
107 Submission of statements of income and expenditure to Central Government.Read
108 Power of Central Government to order survey or examination of works of Board.Read
109 Power of Central Government to restore or complete works at the cost of Board.Read
110 Power of Central Government to supersede Board.Read
110A Power of Central Government to supersede the Authority.Read
111 Power of Central Government to issue directions to Board.Read
112 Every person employed by the authority of this Act to be a public servantRead
113 Penalty for contravention of sections 37, 38, 40 and 41.Read
114 Penalty for setting up wharves, quays, etc., without permission.Read
115 Penalty for evading rates, etc.Read
116 Recovery of value of damage to property of BoardRead
117 Other offences.Read
117A Person interested in contracts, etc., with the Board to be deemed to have committed an offence under section 168 of Indian Penal Code.Read
118 Cognizance of offences.Read
119 Offences by companies.Read
120 . Limitation of proceedings in respect of things done under the Act.Read
121 Protection of acts done in good faith.Read
122 Power of Central Government to make rules.Read
123 General power of Board to make regulations.Read
123A Power of Authority to make regulations.Read
124 Provisions with respect to regulationsRead
125 Power of Central Government to direct regulations to be made or to make regulations.Read
126 Power of Central Government to make first regulations.Read
127 Posting of certain regulations, etcRead
128 Saving of right of Central Government and municipalities to use wharves, etc., for collecting duties and of power of Customs Officers.Read
129 Application of certain provisions of the Act to aircraft.Read
130 Power to evict certain persons from the premises of Board.Read
131 Alternative remedy by suitRead
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