(1) If at any time, the State Government is of the opinion that the Board is unable to or has persistently defaulted for any reason whatsoever to perform the duties imposed on it by or under the provisions of this Act or of any other law, and as a result of such default, the financial position of the Board or the administration of the ports has greatly suffered, the State Government may, by notification in the official Gazette, supersede the Board for a period not exceeding six months at a time or till reconstitution of Board, whichever is earlier :
Provided that the State Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board before issuing a notification under this sub-section.
(2) Upon the publication of the notification under subsection (1) —
(a) all members of the Board shall, as from the date of supersession, vacate their offices as such members of the Board;
(b) all the powers and duties of the Board shall, until the Board is reconstituted under clause (b) or clause (c) of sub-section (3), be exercised and performed by such person or persons as the State Government may direct; and
(c) all properties vested in the Board shall, until the Board is reconstituted, vest in the State Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section(1), the State Government may,—
(a) extend the period of supersession for such further term, not exceeding six months, or 62
(b) reconstitute the Board by fresh appointment in which case, a person who has vacated his office under clause (a) of sub-section (2) shall not be deemed as disqualified for reappointment only for reason of such vacation;
or
(c) reconstitute the Board by appointment only for such period as it may consider necessary, in which case a person who has vacated his office under clause (a) of sub-section (2) shall not be deemed as disqualified for reappointment only for reason of such vacation:
Provided that the State Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) or (c) of this sub-section.
(4) The State Government shall issue a notification under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action and lay it before the State Legislative Assembly at the earliest possible opportunity.
Power of the State Government to give directions to the Board.
96.(1) Insofar as it is not inconsistent with the provisions of this Act, the State Government may, from time to time, issue to the Board directions in writing on matters of policy and the Board shall be bound to comply with the same:
Provided that the Board shall be given due opportunity to express its view before any direction is given under this subsection.
(2) The decision of the State Government whether a matter pertains to policy or not shall be final.
63
CHAPTER X PENALTIES Persons employed under this Act to be public servants for certain purposes.
97. Every person employed by the Board under this Act shall be deemed to be a public servant in terms of the Indian Penal Code, 1860 and the Prevention of Corruption Act,
1988.
45 of 1860.
49 of 1988.
Penalty for contravention of Section 27 to 29 and 31.
98. Whoever fails to comply with any order issued under section 27, 28 or 29 or any condition imposed under section 31 shall, on conviction, be punishable with fine which may extend to five thousand rupees and, where the contravention or failure continues, with further fine which may extend to five hundred rupees for each subsequent day during which such contravention or failure continues.
Penalty for setting up wharves, quays, etc., without permission.
99. Any person who fails to comply with the provisions of section 35 shall, on conviction, be punishable with fine which may extend to five thousand rupees for the first failure, and with a further fine which may extend to five hundred rupees for each subsequent day during which the contravention continues.
Penalty for evading rates.
100. Any person who with the intent of evading payment of the rate lawfully due in respect of any goods or vessels carrying any goods—
(a) understates or incorrectly gives the weight, quantity, value or description of such goods, or the tonnage of such vessel in any document presented to any employee of the Board for the purpose of enabling him to determine such rates; or
(b) removes or attempts to remove or abets the removal of such goods or such vessel, shall, on conviction, be punishable with fine which may extend to twice the amount of rates so due subject to a minimum of ten thousand rupees.
64 Recovery of value or damage to property of the Board.
101. If, through negligence of any person having the guidance or command of any vessel, or of any mariner or persons employed on such vessel, any damage is caused to any dock, wharf, quay, mooring, stage, jetty, pier or other work in the possession of the Board or any movable property belonging to the Board, the amount of such damage shall, on the application of the Board, be recoverable together with the cost of such recovery by distress and sale under a Magistrate’s warrant, of a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores belonging to such vessel:
Provided that no Magistrate shall issue a warrant until the master of vessel has been duly summoned to appear before him and, if he appears, until he has been heard:
Provided further that no such warrant shall be issued if the vessel was at the time under the orders of a duly authorised employee of the Board and the damage caused was attributable to the act or order of such employee.
Other offences. 102. Any person who contravenes any of the provisions of this Act, or of any rule, regulation or order made there-under, for the contravention of which no penalty is expressly provided thereunder, shall, on conviction, be punishable with fine which may extend to one thousand rupees.
Cognizance. 103. No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence punishable under this Act or any rule or regulation made thereunder.
Offence by companies.