(1) As from the appointed date, in relation to any port,—
(a) all property, assets and funds and all rights to levy rates vested in the State Government for the purposes of the port, immediately before the appointed date, shall vest in the Board;
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(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 State Government immediately before the appointed date, 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 State Government for or in connection with the purposes of the port upto the appointed date and declared to be capital expenditure by the State Government shall be treated as the capital provided by the State Government to the Board;
(d) all rates, fees, rents and other sums of money due to the State Government in relation to the port, immediately before the appointed date, shall be deemed to be due to the Board;
(e) all suits and other legal proceedings instituted by or against the State Government immediately before the appointed date for any matter in relation to port, may be continued by or against the Board;
(f) every employee serving under the State Government immediately before the appointed date solely or mainly for or in connection with the affairs of the port shall become an employee of the Board, and 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 if the Board had not been established and shall continue to do so unless and until his employment in the Board 23 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 .
(2) The absorption of employees in the service of the Board under clause (f) of sub-section (1) shall not be construed as retrenchment from current service under the Industrial Disputes Act,1947 or any other law for the time being in force, and no compensation of any kind shall be payable to any employee in this regard:
Provided that this shall not bar the State Government or the Board from introducing any scheme of voluntary retirement for any or all grades of employees.
14 of 1947.
Existing rates, etc. to be continued until altered by the Board.
21. As from the appointed date, all rates, fees and other charges in relation to any port shall, unless varied by the Board in accordance with the provisions of this Act or the rules or regulations framed thereunder, continue to be levied and collected, at the same rate at which they were being levied and collected by the State Government before the appointed date.
Repayment of capital with interest.
22. The Board shall repay, at such intervals and on such terms and conditions as the State Government may determine, the amount which is treated under clause (c) of Section 20 as capital provided by the State Government, with interest at such rate as may be fixed by the State Government and such repayment of capital or payment of interest shall be charged to the expenditure of the Board.
Procedure when immovable property cannot be acquired by agreement.
23. Where any land is required for the purposes of the Board, the State Government may, at the request of the Board, acquire such land under the provisions of the Right to 24 Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and on payment of the compensation awarded under that Act by the Board and of the charges incurred by the State Government in connection with the proceedings, the land shall vest in the Board.
30 of 2013.
Contracts by the Board.
24. The Board may enter into contracts for the purposes of this Act, subject to the following conditions, namely:—
(a) Every contract shall be made on behalf of the Board by the Chief Executive Officer or an officer specifically authorised for the purpose by the Board.
(b) No contract for leasing of waterfront, jetty, waterway and related infrastructural facilities thereof for a term exceeding five years shall be made unless it is previously approved by the State Government on such terms and conditions as it may prescribe in the regulations.
(c) No contract for the acquisition or sale of immoveable property or for the lease of any such property for a term exceeding thirty years, shall be made unless it is previously approved by the State Government, and on such terms and conditions as it may prescribe in the rules.
(d) The form and manner of executing contracts and Concession Agreements on behalf of the Board shall be such as may be prescribed by rules or specifically approved for any project by the State Government, and
(e) No contract made in contravention of the provisions of this Act and the rules framed under it shall be binding on the Board.
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CHAPTER V WORKS AND SERVICES TO BE PROVIDED AT PORTS BY THE BOARD Powers of the Board to execute works and provide appliances.
25.(1) The Board may, subject to any other law for the time being in force, execute such works, within or without the limits of port and provide access to such appliances and facilities as it may deem necessary or expedient for the purpose.
(2)Without prejudice to the generality of the provision in sub-section (1),access to the appliances and facilities to be provided may include the following, namely:—
(a) wharves, quays, docks, stages, jetties, piers, place of anchorage and other works within the port or port approaches or on the foreshore of the port or port approaches in the State, with all such convenient arches, drains, landing places, stairs, fences, roads, bridges, tunnels and approaches, and buildings required for the residence of the employees of the Board as the Board may consider necessary;
(b) railways, buses, locomotives, rolling stock, sheds, hotels, warehouses and other accommodation for passengers and goods and other appliances for carrying passengers and for conveying, receiving and storing goods landed, or to be shipped or otherwise;
(c) moorings and cranes, scales and all other necessary means and appliances for loading and unloading of vessels;
(d) reclaiming, excavating, enclosing and raising any part of the foreshore of the port or port approaches which may be necessary for the execution of the works authorised by this Act or otherwise for the purposes of this Act;
(e) such breakwaters and other works as may be expedient for protection of the port;
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(f) dredgers and other machines for cleaning, widening, deepening and improving any portion of the port or port approaches or of the foreshore of the port or port approaches;
(g) light-houses, light-ships, beacons, buoys, pilot boats and other appliances necessary for the safe navigation of the port and the port approaches in so far as it relates to State functions;
(h) vessels, tugs, boats, barges and launches and lighters for the use within the limits of the port or beyond those limits, whether in territorial waters or otherwise, for the purpose of towing or rendering assistance to any vessel whether entering or leaving the port or bound elsewhere and for the purpose of saving or protecting life or property and for the purposes of landing, shipping or transhipping passengers or goods;
(i) sinking of tubewells and equipment, maintenance and use of boats, barges and other appliances for the purpose of the supply of water at the port;
(j) engines and other appliances necessary for extinguishing of fires;
(k) lands abutting the sea coast including creeks;
(l) ferry boats and other works and equipment appertaining to the running ferry service at or between the ports;
(m) construction of models and plans for carrying out hydraulic studies;
(n) dry docks, slipways, boat basins and workshop to carry out repairs or overhauling of vessels, tugs, boats, machinery or other appliances; and
(o) without prejudice to the above, to provide or ensure providing of such other facilities as are in the opinion of the Board necessary for the operation of ports and non-nationalized inland waterways in the State.
27 Power of the Board in undertaking certain works.
26.(1) The Board may undertake on behalf of any person any works or services or any class of works or services, on such terms and conditions as may be agreed upon between the Board and the person concerned.
(2) The Board may, if it considers necessary or expedient in the public interest so to do, lend any of its vessels or appliances or the services of any of its employees to any person for such period not exceeding three months and on such terms and conditions as may be agreed upon between the Board and the person concerned.
Power of the Board to order sea going vessel to use dock, wharves etc..