Odisha Port Trust Act, 1962 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Act
Citation	Act 30 of 1962
Year	1962
Jurisdiction	State of Odisha
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	corporate, transport

The Odisha ~: G a z e t t e ~~ :m ~,,,,,"" EXTRAORDINARY PUBLISHED BY AUTHORITY 1 [ THE ORISSA PORT TRUST ACT, 1962 ] t Received the assent of the President on the 4th November 1962, first published in an extraordi nary issue of the Orissa Gazette, dated the 15th November 1962 ] AN ACT TO PROVIDE FOR THE REGULATJON, DBVELOPMe.NTt MANAGEMENT AND ADMINISTRATION OF PORTS WITHIN THE STATE OF ORISSA BE ·it enacted by the Legislature of the State of Orissa in the Thirteenth year of the Republic of India as foilows :-

CHAPTER I Preliminary

1. (J) This Act may be called the Odssa Port Sho1t title, Trust Act, 1962~· ~!:~~~

(2) It extends to the whole of the State of Orissa.

(3) It shall come into force on- such date as the Goverpment may, by notification, appoint and different dates may be appointed in respect of different ports.

wont.

_ 2. In this Act, unless·· the context otherwise Dcfinitiom requires- {]) "Board'' in respect of any port means ~he Board of Trustees in respect of such port established under section 3 ;

(2) "bye-lawu means a bye-law made by the Board under this Act; · .

. (8) ''Chief Officer of Customs" denotes the Chief Executive Officer of Customs for the port ; ·

(4) ''dock"' includes basins.., locks, cuts,entrances, graving docks, graving blocks, inclined. planes, slip ways, grid-irons. quays, warehouses and other works and things appertaining to any dock .and also denotes the portion. of the sea enclosed or protected by the arms or groynes of the harbour ;

J. For the Statement ofQbjects and Reasons see. Orissa Gt12d1~ Bitrat)tdi ..

oar)" dated· the. 23rd Au~t 1962 (No. 417).. and tor tePor& of Solect Committee, dated tho lotlr September 1962 (No. 452) • .

508 THB 0RISSA PORT TRUST ACT, 1962 (Sec. 2) (Or. Act 31

(5) "goods,, means and includes ev~ry kind of movable property;

(6) "Government" means the State Govern ment of Orissa ;

(7) ~'land" includes the bed of a river and of the sea below high water-mark ;

(8) "major port" means a. port declared as such by or under any law made by Parliament,·-or any existing law within- the meaning of the Constitution of India; ·

(9) "master" when used "in - relation to anY vessel or to any aircraft maki~ use of the port, means any person.having for the time being the charge or control of such vessel or such ·aircraft, as the case may be, except a pilot. harb:our'master, berthing master, , dock master or assistant harbour master' of the port ;

(10) "owner'' when used in relation to goods includes any consignor, consignee, shipper or a,s:ent for the sale, custody, loading· or unloading of such goods and when used in relation to any vessel, includes any port owner, Charterer, oonsignee or mortgagee in possession thereof; · (J J) "pier" includes any stage,_ stairs, landing· place, hard-jetty, landing stage, floating b_arge or pontoon and any bridge or other works coiinected therewith ; - - (J 2) "port" means any port other than a µiaj~r port with such limits as may be defined by notification issued by Government from time to tit;e for the purposes. of thls Act and until a notification is so issued, with such limits as may have been defined bi Govern.

ment under the provisions of the Indian Ports Act, 1908. u or tSJOI '

(13) uPort Trust Security " means debenture bonds or·'sfock certificates or other .. _secu.rities issued by the Board in respect of any loan contracted- under .tho pr9visions of this Act ;

\l of 1962) THE 0RISSA PORT TRUST ACT. 1962 (Secs. 3-4)

(14) "prescribed" means prescribed by rules made by Government under this Act

(15) "rate" includes any toll, due, rent. rate, fee or charge leviable under this Act ;

(16) "Regulations" means Regulations made by the Board under this Act ;

(17) "rules" means rules made by Government under this Act ;

(18) "Trusteg'' means a trustee on the-Board ;

(19) "vessel" denotes anything made for the conveyance by water of human beings or of property ;

(20) "wharf" includes any wall or stage and.

a_ny part of the river bank or foreshore that may be used for loading or unloading goods, and any wall enclosing or adjoining the same.

CHAPTER II THE BOARD OF TRUSTB~ 509

3. (1) With effect from such date as Government &tablish4 may, by notification appoint, there shall be in respect ~~~":1a~ of a port a Boe.rd charged with the responsibility oftion or tho development, managementio regulation and administra~ BMtd.

tion of such port and the duties of carrying out the provisions of this Act to be known as the Board of Trustees for such port.

(2) The Board shall be a body corpor2te, with the name aforesaid having perpetual succes~ion and a common seal with power, subject to the provi sions of this Act, to a<'.quire, hold and dispose of property and to contract, and may by the said name sue and be sued .

(3) With effect from the date of appointment of the Board in respect of any port no local authoritv orissaAct constituted under the Orissa Municipal Act, 1950, the ~1~ I=. Orissa Grama Panchayats Act, 1948 or the Orissa is or 1943. Panchayat Samiti and Zilla Parishad Act, 1959 ~~fi9~ shall exercise jurisdiction within such port. · '

4. (1) The Board shall consist of the following Composition trustees, namely :- orthcBoaxd.

(a) two persons to be appointed by Government· as the Chairman and the Vice Chairman respectively .. ex-offido trustees· , 510 T.HE OllISSA PORT TRUST ACT, 1t62 (Sec. 5) [Or. Act 3&

(b) not more than five elected representatives of . :;.uch commerce a_nd laoour organi ...

sations as may be notified by Government from time to time .... elected trustees ;

nominated trustees; and

(d) not more than seven Government officials to be nominated by Government ..... .

nominated trustees:

Provided that the total number of trustees in the Board shall not be iess than eleven.

(2) Every appointment, election or nomination under this section shall take effect as soon as it is notified by Government.

Torm or 5. ( 1) The Chairman and the Vice-Chairman omce. shall hold office during the pleasure of Government.

(2) The term of office of the elected and nomi nated non-official trustees shall be a period of two years from the date the election or nomination as the case may be, is notified by Governmenti

Provided that the outgoing trustee shall continue in office until the election or nomination of his successor is notified under section 4.

(3) Any nomin~t~d no~-o~Cial .. trustee may r.esign his office by gtving notice m wnting to Govern ment, and , on such resignation, being notified by Government, shall be deemed to have vacated office.

( 4) Any elected trustee may resign his office"' by giving notice in writing . to t~e Board and on the acceptance of such resrgnation by the Board, shall be deemed to have vacated office.

(5) An outgoing trustee shait be eligible, as the case may be, for reappoinamont, reeleet.ion or re-nom.ina ti on.

or 1962] THe ORISSA PORT TRUSr ACT, 1962 (Secs. 6-8) 511

6. (1) Notwithstanding anything contained in Constitution b · { ) f · of first Board SU ·Section I 0 section 4-- and filling • up camal

(a) the Board constituted for the first time vacancy.

shall consist of such number of'trustees, not being less than seven and more than eleven, as Government may, from time to time, determine, who shall be nominated by Government;

(b) any person whom Government ma}': deem fit· may be nominated as a trustee;

(ti) without prejudice to the provisions of clause (c) a trusfoe shall hold office "for such term, not being more than five years as Government may fix in that behalf.

(2) Every vacancy in the office of an elected trustee shall be filled up by the organisation con· cemed within thirty days of the occurrence of the vacancy.

(3) Where an organisation fai1s to elect a trustee for filling up the vacancy referred to in sub section (2) within the period specified therein Govern ment shall have the power to fill up such vacancy by appointing a .trustee according as they deem fit and on such appointment the trustee shall be deemed to be an elected trustee under clause (b) of sub-section (1) of section 4.

7. If any appointed trustee or nominated non- TmllpOtal}' official trustee. is by · infirmity or otherwise rendered .f~:~~ temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving vacation of his office, Government may appoint · or nominate another person to act in his place during his absen~.

8. (I) A person shall be disqualified for becom- Disqua.lliio ing a Trustee if be-- cation fo1 1· cffico ot

(a) is not a citizen of India, - or has volun- Trustee.

tarHy acquired the citizenship of a foreign State or is undet acknowledgment or adherence to a foreign $tate;

12 THE OrussA PoRT TRUST AcT, 1962 ( Sec. 8-contd. ) lOr. Aet 30

(b) has been convicted and sentenced to imprisonment for an offence involving moral turpitude which, in the opinion of Gcvernment, disqualifies him from being a Trustee and if such sentence has not been reversed, set aside, or _remitted;

( c) is of unsound mind;

(d) is an undischarged insolvent;

(e) holds any office of profit undor the Board;

(f) bas, directly or indirectly any share or interest in any work done by order of the Board, or in any contract or ·employ ..

- ment with, by or on behalf of the Board,

(2) No person shall be deemed to have a share or interest in any work, contract or employment within the meaning of clause (f) of sub~section (J) by reaso.1 only of his-

(i) having a share in any incorporated Company which may contract with or be employed by, or on behalf of, the Board;

(ii) having· a share or interest in any news ..

paper in which any advertisement relating to the affairs of the-Board may be published;

(iii) being interested in any loan advanced to the Board;

(iv) having a share or interest in any lease,, sale, exchange or purchase of immovable property or any ~greement for the same~

(v) having a share or interest in any licence granted by the Board, or having any right by agreement or otherwise with the Board to the sole or preferential use of any berth for vessels in the docks belonging to the Board;

(vi) 'having a share or interest in the occasional sale to the Board~ to a value not exceeding two thousand rupees in any one financial year, of any article in which he trades; or •f 1962) THE 0RISSA PORT TRUST ACT, 1962 (See. 9)

(vii) being a person to whom~ or a member of a firm or incorporated company to which, any of the functions specified in clauses

(a) and (e) of sub-sectior. (1) of section 35 shall 'have been relinquished under section-3&~_ (3} A Trustee shall cease to remain a Trustee on the Board if he-

(a) becomes disqualified in pursuance of the provisions of the foreeoing sub-sections;

(b) refuses to act or becomes incapable of acting;

(c) fails to attend, without the previous pennis· sion of the Board, three consecutive ordinary meetings of the Board; or

(d) is absent from the meetings of the Board for a period exceeding six consecutive months.

( 4) When~ver any question arises as to whether any condition specified in sub-section (2) or (3) has been satisfied the same shall be referred to Govern ment who shall make such orders as they deem fit and the order so made shall be final and binding on the parties :

Provided that no such order shall be made without giving the parties concerned not more than fifteen days time for beir~g heard in the matter~ 513

9. (1) The Chairman and the Vice-Chairman ~emuncrad th . d Ch · h 11 t1an and an e person appomte to act afi airman s a other r.ondl.

be entitled to such remuneration, if any) by way lion~ <lfof 1 al d · service of salary, eave and other l0wances an on retl.I'e-CJialrinD ment to such gratuity or compassionate allowance,~· if any 1 _as Government may from time to time determine iri i! that behalf.

Fees pay able to Cha.innr.:i, Vice-Chmir· .llllo end other Tru11t eca:.

Meetinri of 1ho Board.

THE 0RISSA PORT TROST Ac:r, 1962 (Secs. 10-12) (Or. Act 30

(2) Without prejudice to the provisions of sub-sectjon (1), thl;} other condirionc of service of the Chairman and Vice-Chairman shall be as may be determined by Government from time to time.

10. Government may pr~cribe from time to time the fees, if any, to be paid to the Chairman, Vice Chairman and other Trustees for attendance at meetings of the Board or its committees and pres cribe conditions and restrictions subject to which such fees shall be payable.

11. (1) The Board, subject to the other provisions of this Act shall meet at such intervals and at such places and observe such rules of procedurJ in regard to the transaction of business at its meetings as may be provided by regulations made in that behalf.

(2) The Chairman or in his absence the Vice Chairman or, in the absence of both. any Trustee choosen by the Trustees present from amongst themselves. shall preside at a meeting of the Bo2rd.

(3) All questions at a meetjng of the Board shall be decided by a majority of the votes of the Trustees present and voting and in case of an equality of votes, the Chairman, or other Tru~ee presiding shall have a second or casting vote. .

(4) No business shall be transacted at a meeting unless, at least five Trustees are present throughout such meeting.

(5) The Chairman may, whenever he thinks fit, a~d shall upon the. written reguest of not less than three Trustees, call a special meeting.

Mlnutedsi~gr 12. (J) Minutes in which shall be recorded the procee s f h edin f and authen- ·names 0 t e trustees present and the proce gs 0 1~11on °~nd each me7eting of the Board and standing committees d~;:ioilor shall be drawn up and recorded in a book ~o be kept &ard. for that purpose, and shall be laid before the next.

meeting of the Board and signed at such meeting by the presiding·:officer thereof, and shall be open to inspection by any Trustee during working hours of the office of.the BOt!.rd.

or 1962) THE 0RISSA PORT TRUST ACT, 1962 (Sec. 13)

(2) A copy of the minutes of every meeting of the Board and of its standing committees shall, as soon as may be, be sent for publication in the Official Gazette at the cost of the Board and another such copy shall within three days of the meeting be forwarded to Government.

(3) Government may also in any case ask for a copy of any paper or papers laid before the Board and the Board shall forward to Government a copy of such paper or papers.

( 4) All orders and decisions of the Board shall be authenticated by the signature of the Chairman or any other trustee authorised by the Board in this behalf, and all other instrtlll.tents issued by the Board shall be authenticated by the signature of an officer of the Board authorised in like manner in that behalf.

515

13. (1) The Board may, from time to time, appoint Constitution such number of Standing Committees as it deems fit, ~~d =~ each consisting of not less than five of its Trustees as or stm;idms:

members and may, by general or special order 1 direct Co~mittce,g.

that subject to such conditions, limitations and restrictions as may be specified in the said order, all or any of the powers or duties of the Board shall also be exercised or discharged by any of the Committees so constituted :

Provided that the Board shall always have the power to alter, from time to time, the constitution of or discontinue any such Committee.

(2) A Standing Committee may elect one of its members to preside at its meetings and if no such member has been elected or if a member so elected is not present at the time appointed for holding any of its meetings, the members present sha11 choose one from among themselves to preside at such meeting.

(3) The Standing Comnuttees mav meet and adjourn at their discretion, but the Chiirman of the Board may/jwhenever he thinks fit, and sbaU upon the written request of not less than two membe~s of a Committee, call a special meeting of such Committee.

516 TltB 0RISSA. POllT TROST ACT, 1962 (Sec. 14) (Or. Act l\J

(4) Questions at the meetiugs of a Standing Committee shall be decided by a majority of votes of the members present, and in the case of an equality of votes the person presiding at the meeting shall have a second or casting vote.

(5) No business sha11 be transacted at any such ·meetiDg unless at least three of the member~. of the Committee are present throughout such meetmg.

llenriction 14. (1) No trustee shall vote on or take part in the ~:: 0!, discussion of any matter coming up for consideration vot: or at a meeting of the Board or of any Committee if it is discuss mat- • hi h th T t has dir · di ct ters In which one m w c e rus ee any ect or m re they •~ inte- pecuniary interest by himself or along with his partner, rmod. if any, or in which he is- interested professionally on behalf of a clic=mt or as agent for- any person other than oovernment, or a local authority.

(2) H any objectjon is ra.iSed at a me.eHng that a Trustee has in any such matter an interest of the nature specified in sub-section (1), the objection shall be considered and decided by the other Trustees of the Board or the Committee, as the case may be, in such manner as· may be prescribed and the decision of such Trustees shall be final.

(S) If at any time it is brought to the notice- of the Chairman of the Board that a Trustee had vot.ed or taken part in the discussions at a meeting in contrave.n..

tion of the provisions of sub-section (1) the matter shall, unless bonaflde rights have accrued to third parties in pursuance of the resolution passed at the meeting, be inquired into and decided in the manner prescribed, and pending such decision it shall be the duty of the Board or the Standing Committee, as the case may be, not to give effect to such resolution.

(4) A decision. under sub-section (8) shall be final and if as a result of the enquiry the Trustee is found to have vote?. or tuken part in the proceedings in contra vention of the provisions of su~section (1) the reso lution in question shall stand annulled.

of 1962] THE 0RJSSA PORT TRUST AcT, !~62 (Secs.15-17\ 517

15. No act or proceedings of the Board or of any Validation of Standing Committee shall be invali_d merely by reason :~~edin:~ of- -

(1) any vacancy in or defect in the constitution of the Board or the Committee ; or (2} any defect in the appointment, nomination or election of a person acting as a Trustee thereof ; _or

(3) any irregularity in· its procedure not affecting the merits 'of the ease.

16. The -Board may from thrte to time, delegate Delegatiojt such of its powers and duties to be exercised or dis".' :>:e poc:&~ charged by the Chairman subject to such conditions 19\UI.

and limitations as may be specified _in that behalf in a resolution passed by the Board with the prior approval of Government. ·

17. (J) The Chairman shall be the Chief Executiv~· Duties of Officer of the Board. and shall, subject to the provisions tho ChaiP of thls Act and the rules and regulations maae there-- man.

un,der, be responsible for implementing all orders and . decisions of the Board. ·

(2) It shall be the duty of the Chairman-

(i) to. attend every meeting of the Board unless - preven~ by sickness or other reasonable · cause ;

(Ii) to exercise supervision and -controi over the acts and proceedings of au officers and .

servants of the Board in matters_ of executive aQini'nistratlon, and in ~tters coiicernihg the accounts and r~rds of the Board; and

(iii) subject to the regulations made under sections 20 and 95 and to the schedllle for the time being in force prepared and sanctioned UP.der section 18, to _dispose- of all matters relating to the service of the officers and servants of the Bo~ and their pay, priviJegea and allowancea ~ - 518 THB ORISSA PoRT TRUST ACT, 1962 (Or. Act 3G .. · (Secs. 18-19)

Provided that, subject to the approval of the Board.

the Chairman may delegate aU or any of his duties to the Vice·Chairman or any other Trustee or officer or servant of the Board as he may, from time to time, consider fit.

CHAPTER III 0FFICBRS AND SERVANTS OTHER THAN THE CHAJRMAN AND VICE·C.1IAIRMA.N Sch~dule or 18. (1) The Board shall. from time to time, subject Board'• to such rules as may be made 1n that behalf, prep.ire t.t•ff. and sanction a schedule of its officers and servants, other than the Chairman and Vice·Chairman, setting forth the number, designation, grades, salaries, fees and allowances payable to such officers and servants.

Explanation-Artisans~ 1Jorters and labourers and contractors or agents who provide porters and labour ers are not officers and servants within the meaning of this sect.ion and sections 20 arid 21.

(2) No such officer or servant shall ·undertake any work unconnected with bis duties under this Act except with the permission of the Board.

Disqu•I ifi~· 19. (1) A person shall be disqualified for being .

tion. for appointed as an officer or servant if he has ·directly or :~;:--on~fodirectly, by himself or by a partner or any other servO.J>.lo person, any share or interest in any contract made with, or any work being done for the Board otherwise than as such officer or servant.· _ (2) If any such officer or servant acquires directly or indirectly any share or interest of the nature and in the manner referred to in sub-section (1) he· shall, be liable to be-,,removetlfrom office by order of the author ity havmg·'the power so to do by or under the provi sions of this Act.

of 1962] THE 0RISSA PORT TRUST ACT •. 1962 (Sec. 20) ~[ (3) NQtwithstauding-aaytning ~ntained in sub-sections· (1) and (2) Government may exempt-

(a) any person, who is a .member of the Board of Directors of any Company or Corpora-.

tion owned or controlled by GoverD:ment, from the operation of sub-seetion (1) ; and

(b) any officer or servant of the Board, who is appointed as a member of the Board of Directors <;>f any such Company or Corpo ration, from the _operation of sub-section(2).)

519

20. Subj~ct to the prior appr_ova.1 of Government, ~C8l!lation1 - the Board may make regulations to provide for all or~~~:"

any of the following matters) namely :- a_od C!CIA'i~ t1ons w

(a) te-Qure of office, provident funds, pensions, ~em~.

gratuities, compassionate allowance, leave of absence and other conditions 6f "ervice of officers and servants referred to in section 18 ; ·

(b) remuneration of persons appointed to act for any _ such officer-- or servant during absence on_ leave ;

(d) ·_qualifications of candidates for appointment to such posts and the manner of selection for such posts ;

(e) pension, gratuities, compa_ssionate allowan- - ces, if any, payable to any of tp.em or their relatives, as the case may be, in the event of injuries bcing sustained or death, being caused in course· of employment ;

(f) procedure to be followed in -imposing any penalty of withholding increment or pre- - motion, censure, reduction in rank, com pulsory retirement or dismissj1.l in purs~ance of departmental proceedings for indiscipline, carelessness, unfitness, neglect of duty or other miscondu and directing suspension.

pending such. pr ceecijngs ; authority by whom such orders may be passed and to ~whom appeal may lie ;

~--------~------------------------------~ . I. Inserted by the Orissa Port Trust (Amendment) Act, i!t63 (Or. A.Ct 26 of 1963). s. 2.

520 l'owcito lppolnt, punisl:J or grant lea vo to officera aad 11crvants.

1im O!ussA PORT TRUST ACT, 1962 (Secs. 21-22) [Or. Act 30

(g) establishment of welfare m.- loan funus for the benefit of the employees of the Board ;

(h) any of the matters covered by the aforesaid clauses in respect .of artisans, porters and Jabourers and in respect of contractors :ind agents who provide such workmen ; and

(i) such other matters as may be incidental to, or necessary for the purpose of regulating the appointment and conditions of service or for which in the opinion of the. Hoard provisions should be made by regulations.

21. Subject to such conditions, limitations and restrictions, if any, as Government may by order direct, the Chairman shall have the power to-

(a) appoint officers and servants specific:d in the schedule for the time being in force made under section 18 ;

(b) grant leave and promotion to such officers and servants ;

(d) exercise all other administrative control over such officers and servants :

Provided that the orders of the Chairman made in pursuance of clause (c) shall be subject to the decision in appeal, if any, to the Board preferred within such period and in such manner as may be prescribed.

J':owet to 22. Notwithstani::ling anything to the contrary in d1•~ensc ti" 20 d 21 with services sec ons an - and to pa nnit retire ment in certain c1ues.

( 1) in case of officers and servants appointed hy Gov~rnment the power to dispense with their services otherwise than for reasons of mfaconduct, and to order their retirement on pension, gratuity or compassionase allowance shall vest in Government and in all other caws such power shall vest in the Board; and of 1962) THE 0RISSA PoRT TRUST AcT, 1962 (Secs. 23-24)

(2) no orders made ·by the Board -in respect of officers or servants as Government may from time to time, direct, shaJI have effect without the prior approval of Government.

CHAPTER IV PROPERTY AND CONTRACTS 521

23. (J) On the coming into force of this Act all Pro~ property within the limits of the port other than ~~~tztt private property, vested m or belonging to or held by the Government shall, subject only to such of the charges and liabilities outstanding against s!lch property as may be notified by the Government in that behalf, vest in, belong to and be held by the Board and shall, with all the other property of whatever nature or kind which may become vested in th;;: Boa.rd, be under its direction, management and control: .....

Provided that no roads and electric installations thereon, if any, as are not pub1ic roads and which belong to Government immediately before the com mencement of this Act shaJl vest in the Board under this sub-section unless Government in exchange for a price fixed and with the consent of the Board, so direct.

(2) AH properiy vested in or belonging to, c-r acquired or held by and all moneys paid or payable to, the Board shall be deemed to be held by the Board in trust for the purposes of this Act.

24. The Board shall, for the purposes of this Act, Pow~ t• have power to acquire and hold immovable or movable h;(J~~· property or any interest therein. whether within oralicoatc without the limits of the port, and also the power to proPerty lease or sell any immovable or movable property which may have been vested in or acquired by it:

Provided that no acquisition of immovable property or sale or leasf: for a term exceeding ten years of any immovable property shall be valid unless the sanction of Government to such acquisition, sale or lease has been first obtainro.

522 Application or Land Acquisitior Act, 1194.

THE ORISSA PoRT fRUST AcT, 1962 (Or. ~ct 38 (S«s. 25-28)

25. When any immovab]e property is required for the purposes of this Act, Government may at the request of the Board procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894, 1or1894 and on payment ·by the Board of the compensatfon awarded under that Act and the charges incurred by Government in connection with the proceedings the land shall vest in the Board for· the purposes of this Act.

uar to acqui- 26. Whenever any pro_Perty, to ~hich· pu~tic as •!tion or such h~ ve no manner of 9ght or clatm, vests m the ~~~~c~Y the Board _m pursuan?e of the provisions of this Act, no such nght or clrum shall accrue in respect of such pro.Perty for so lpng as it continues to remain vested in the Board, anything in this Act or any other law or in any custom or usage having the force of law to the contrary notwithstanding.

Contracta br 27. (J) Subject to the prov'"ions of. this Act the ih.- Board. Board shall be competent to enter into and perform any contract necessary for the purposes of this Act.

Works and •pPlianees.

(2) Every such contract shall be -made on behalf of the Board by the Chairman in such form and manner as may be specified in the regulations made in that behalf.

(3) No contract which is not made in accordance with the provisions of this Act and the rules and regula tions made thereunder shall be binding on the Board.

CHAPTER V Wo'.R.KS AND SERVlCES

28. The Board may execute such works and provide such appliances as it may deem necessary or expedient for the purposes of the port ·and such works and appliances may include- '· '

(1) wharves, quays, clocks, stages, jetties and piiers within the port or on the foreshore of the port, with all n~sary and cony~ ..

nient arches, drains, landmg places, electnc installations,.. stairs, fences, roads and rail way approaches ;

of 19621

(2) THE ORrss.A PoR·r TRUST AcT, 1962 (Sec. 28-contd.)

railways, tramways, locomotives, rolling stock, sheds, warehouses and other accom modation for passengers and .goods and oth~r appliances within the port for carrying passengers and for conveying, receiving and storing goods landed, or to be shipped or otherwise ;

(3) moorings for vessels and cranes, scales and all other necessary means and app1iances, preferably mechanical process of loading and unloading -vessels ;

(4) reclaiqiing, excavat,ng, .enclosing and raising any part of the for.eshore of the port which may be necessary for the execution of the works authorised by this Act, or otherwise for the purposes of this Act ;

(5) such breakwaters and other works within or without the limits of the port as shall be expedient for the protection of the harbour or port; ·

(6) dredgers and other machiiles for cleaning, deepening and improving any portion of the port or foreshore ;

(7) pilot·boats and other appliances necessary for the safe navigation of the port and of the approaches thereto ;

(8) v.essels, steam tugs or other boats for use as well within the limits of the port as. 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 purpose of landing, shipping or transhipping passengers and goods ; .

1, j

(9) boats, barges and other appliances ·necessary in connection with the supply of water to shipping in the port ;

523 524 Tim 0RJSSA PORT TRUST' AcT, 1962 (Secs. 29-30) [Or. Act 39 (/0) engines and other appliances necessary for the extinguishing of fues in the port and on the property of the Board ; and

(11) such other works and appliances as may be, in the opinion of the Board, expedient for carrying out the purposes of this Act.

sea..,~ 2~. (1) When any wharf, quay, stage, jetty or pier ;::S:d t~01:"~ has been made and completed, with sufficient ware· wh•oes, etc. houses, sheds and appliances for landing or for shipping goods from and in se~-going vessels, the -Board may, with the previous sanction of Government, by a notification published in three consecutive issues of the Official Gazette, declare .that such wharf, quay, ·stage, jetty or pier is ready for r~iving, landing and shipping or for landing or for shipping, as the case may be, goods from and in sea-going vessels.

(2) From a·nd after such publicat!on, the Board may, from tim~ to time, when there- is room at such wharf, quay, stage, jetty or pier, order to· come along side of such wharf. quay, stage, jetty or pier for the purpose of landing a~d ·shipping goods or for landing or for shipping th~ same, ~ the case may be, any. sea going vessel within the port w:hich has not commenced to discharge cargo or which, b¢ng about to take in cargo, has not commenced to do so :

Provided that in making such order the Board.

shall have regard so fat as may be, to the convenience of such vessel and of the shippers in- respect of. the use Jf any particular wharf, quay, stage, jetty or p~er.

~~~uffi. 30 •. W'!ten ~- sufficient number of wharves~ quays, :icDt. aIIse.· :stages, Jetties, p1ers1 warehouses, sheds and appliances iom1 1v1Cl!seld ta !have been provided, as aforesaid, the Board may, with il:Ompc c o th . t• f G b d UICI whl.r't'~ e previous sane ion o overnment y an or er •to. pµblished in thre~ consecutive issues of the Official Gazette, direct that no goods. shall be landed ot - shipped from or in any sea-going vessel within the port, save at 1such wharves. quc.y!!, sta:Jes, jetties and piers and ·may:o -in like maM.er;al•er1 vary or rovoke auy auch· order.

of 1962]_ THE ORISSA PORT TRUST ACT, '1962 (Se.cs. 3J-3iJ) - 525 . Powcrfo

31. Any officer appointed by the Board in this order vesseb behalf may in cases of emergency or for any reason nft to ~~mer w.hich appears to him sufficient by notice in writing, ~r 0 1~8b10 e 0 order th,e master Or O~er Of any vessel to ;e~oVe· such r~:red vessel from or not to brmg such ves~el alongside of any wharves, wharf, quay, stage, jetty or pier belonging to the Boarcl etc.

and if such notice is not obeyed the Board may charge in respect of su('.h vessel such suni as _it thinks fit, not exceeding five hundred rupees for each .day of_ twenty~ four hours or pqrtion of such day durm$' which ~uch vessel remains at such wharf, quay, stage, 1etty or pier :.

Provided that, in the case of a vessel ordered to be removed such· ch~rge shall not commence to be :ina~~ till after the- expii:y of twelve hours from the_ service of such notice as aforesaid on the master or owner of .the vessel.

32_. (I) Notwithstanding anything c~ntained in Powcn _ of sectio°:s 29 a~d 30 Goyernm~nt I?la~, by notification ~~ve=~• from time to t1;me, perD11t specified vessels or classes of from oblisa- 1 t di h hi - - · don lo use vesse s o ~c arge o~ s P cargo or any spec1fied- cargo wharves; etC'., -or any specified classes: of cargo, at such part of-the and to requi- . h d · ·h -· . · .. re prefereneo port, m sue manner, ur1ng S'!.IC penqd, subject to to be given 10 .

such payments and. Ori such conditions as Government Government may- think fit, and -~the~se grant exemption from the vessels.

-provisions of the said sections and may in like manner - cancel or modify ariy such :D-otifi.cation. · · _ (2) Governµi_ent may ~lso at anr time_ require that any vessel belongmg to or m th~ ·service of Government shall b.e permitt.ed to co~e alongside any wharf; quay, stage, 1etty or-pier belongm:g to the Board in preference to .all other vessels-at the time in the port and it shalt" _be incumbent- on the Board to give effect to any such requisition. -

33. -Gov~ri;une~t may; at any time,· order a locaI Power fo er survey or exammat10n of any works of the Board or der Sl:!r:vey I?'

the propos~d s~te therefor af'ld the cost of such survey ~;~~:.~!ID- ' - and exammat10n shall be borne and paid by the.

~oard out of it.s funds in the· ·general account specified in clause (b) of sub-se~tion (2) of section 40.

526 Power of Goverrtment to res!ort:

or compl:te works at the cost of tho Boitrd.

THE ORISSA. PoR T TRUST ACT, 1962 (Secs. 34-35) [Or. Act 30 34~ If, at any time, the Board-

(a) allows any work ,or appliance constructed or provided by or vested in it to fall into disrepair, or does not, within a reasonable time, co·mplete any work commenced by it or included in any estimate sanctioned b} Government ; or

(b) does not, after due notice in writmg, proceed to carry. out effectually any work or repair or to provide any appliance which is necessary in the opinion of Government for the purposes of this Act, · Government may cause such work to be restored or completed or carried out or such repair to be executed or such appliance to be provided ; and the cost of any such restoration, completion, construction or provision shall be paid by the Board ; and shall be recoverable in the manner provided in the Local Authorities Loans 9 of 191 4 Act, 1914.

Perforl!lance - 35. (/) The Board shall provide all reasonable ~~;eB~~~.b)' faci1iti~s for a~d shall have power to undertake the followmg services, namely :-

(a) landing, shipping or transhipping passengers and goods, between vessels in the port and the wharves, piers, quays or docks iri possession of the Board ;

(b) proviaing proper amenities to and ensuring the safety of ves.sels entering the port ;

(t) p;ovi,.: ·1g for pilotage, hauling, mooring, remoo 1·ing, hooking, measuring and other service~ in respect of such vessels ;

(d) carrying passengers by rail, tramways or othenvise within the limits of the port, subject to sui.;h restrictions and conditions as Government may deem fit to impose ;

(e) receiving, removing, shifting, transporting, storing or delivering goods brought within . the Board's premises ; - of 1962] THE ORiSSA PORT TRUST ACT, 1962 (Sec. 35)

(f) providing special faciHties for g1vmg pre~ ference in receiving, transporting and shipping of such consignments of iron-ore as Government may, from time to time direct ; and

(g) such other services as may be incidental. or anciilary to or necessary or expedient for the carrying out of the purposes of this Act.

(2) The Board in addition to its obligation under nb-section (f) shall provide for each of the followfog matters and for rendering all such services as may be relevant thereto, namely :--

(a) construction, maintenance and c1eansil}g of drains and drainage works and public latrines, urinals and silmilar conveniences ;

(b) construction and maintenance of works and means for providing supply of water for public and private purposes ;

(d) establishment and maintenance of hospitals and dispensaries and the carrying out of other measures necessary for public medical relief ;

(e) construction and maintenance of markets and slaughter houses and regulation of all markets and slaughter houses ;

(/) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose ;

(g) regulation and abatement of offensive or dangerous trades, occupation and practices ;

(h) regulation, maintenance, alteration and improvement of public streets, bridges, culverts, causeways and the like ;

527 .S28 THe 0RISSA PORT TRUST ACT, 1962 (Sec .. 36) _ (Or. Act 31

(i) maintenance of fire-brigade and protection of·life and property in case of fire ;

(j) lighting, watering and cleansing of public streets and other public places ; and

(k) fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force.

(3) The Board may provide, either wholly or in part, for all or any of the following services, namely:-

(a) furtherance of education, establishment ·or schools and improvement of educational facilities ;

(b) providing housing accommodation for the employees of the Board and for labourers engaged within the port ;

( c) construction and maintenance of warehouse<:.

and godowns ; and

(cf) any measure, not hereinbefore specified, likely to promote .Public safety, health.

convenience or general welfare of labourers and other persons working or residing in the port area.

Obligation to 36. (I) Subject to the provisions of sub-section (J) ~~~i~ of section 38 where a)ly of the serVices specified in scvlC:Cs if clause (a) or (e) of sub-section (!) of section 35 has ~~~~~dr by been undertaken by the Board, it shall be the duty of goods. the Board to render the said services in respect of the goods· if so required by th,e owner and if further required, to take charge of the same on granting in the prescribed form and manner a receipt therefor.

(2) On the issue of a receipt under sub-section (I) the person in whose favour such receipt is issued and the master or owner of the vessel from which the goods might ·have been transhipped shall ceaso !o be responsible for the subsequent loss or damage, if any. to such goods.

or 1962) THE ORISSA PORT TRUST ACT, 1962 529 (Secs. 37-38)

37. (1) The responsibility of the Board for the R:~ponsi· loss, destruction or deteriqration of goods of which ~~~d0f0r it is taken charge shall, subject to the othei;- provisions loss, etc., or of this Act, be that of a bailee under sections 151, goods.

9 ofl872 152 and 161 of the -Indian Contract Act, 1872, orni ting the words "in the absence of any special contract" in section 152 of the said Act:

Provided that, till the receipt mentioned in sub section (1) of section 36 is_ given by the Board, the goods shall be at the risk of the owner.

(2) The Board shall not be in any way responsi ble for loss of or damage to goods of which it has taken ·charge, unless notice of such loss or damage shall have been given within one month of the date of the receipt issued under sub-section (J) of section

36.

38. (J) The Board may, subject to the sanction Rc1inqufahf G . - d b" h d" . mcnt of o overnment an su ~ect to sue con 1t10ns as scrvic.is may be prescribed- subject to lho control of tho

(a) enter into an agreement relinquishing Govcrn.mo:nt.

the performance of any of the services .ipecified in clau·ses (a) and (e) of subsection (1) of section 35 to an approved person; or

(b) enter into an agreement accepting a liability greater or less than that imposed on the Board by sub-section (1) of section

37.

(2) Every agreement entered into under th.is section. shall be in writing and signed by or on behalf of- the parties concerned.

(3) No person to whom the performance of any service is relinquished under sub-section (1) shall charge or recover for such service any sum in excess of the· amount leviable if such service had beeu · perfoi::-:ed by the Board.

530 THE 0RISSA PORT TRUST ACT, 1962 (Secs. 39-40) [Or. Act 30 ( 4) Notwithstanding such relinquishment, the Board may charge dues -according to the- scales laid down in sections 70, 71 and 72 for the use of its works or appliances or for other services connected with that which lias been re1inquished without thereby incurring any liability under section 37.

Pcform~ncc 39 In respect of any p-erson to whom any or of services • . .

by persons all of the services has or have been relinquished under ~~~~~hn~~ section 38 the provisions of sections 36 and 37 shaJI, been relin- mutatis mutandis, apply.

qgi3bed by he Board.

CHAPTER VI REVENUE, EXPENDITURE, ACCOUNTS AMO AUDIT Constitution O ( ) S h · "d d · hi A of Port Trust 4 • I ave as ot erw1se prov I e m t s ct Fund. there shall be a Port Trust Fund (hereinafter referred to as the Fund) vested in the Board which sha11 ba comprised of~

(a) all fu~ds whic~ immediately before the establishment of the Board had vested in Government or any other authority on account of the port under the Indian l5'ofl901.

. 1908 d h 0 . p . Orlssa Ports Act, an t e r1ssa orts Rcsuletloa Regulation, 1937; 11 of1937. _

(b) all moneys received. by or on behalf of the Bt1ard under the provisions of this Act or Emy othet law for the time being in force or under any contract;

(d) ~11 rents accruing from any property of the Board;

(e) all moneys raised by means of rates, fee~, charges and other dues levied for the purposes of this Act;

<D an fines and penalties levied by or uncle~ - the provisions of this Act;

of 1962 THE OruSSA PoRr TRUST AcT, 1962 (Secs. 41-42)

(g) all moneys received . by or. on behalf of fr.e Board from Government, Central or State or from any individual or associa tion of individuals by way of grant, ·gift or deposit;

(h) all interests and profits arising from any investment of or from any transaction in connection with, any mqney belong ing to the Board, including loans advan ced under this Act; and

(i) all inoneys received by or on behalf of the Board from any other source whatsoever.

(2) The Fund constituted under sub-section (1) shall be held by the Board in trust for the purposes of this Act subject to the provjsions herein contained and shall be maintained in the following distinct accounts, namely:-

(a) the Pilotage Account relating to all moneys including all fees for Pilotage and all fines and penalties levied under this Act from pilots, harbour-masters or other persons employed in the Pilot Service other than fines and penalties imposed by a court;

(b) the general account relating to all moneys received by or on behalf of the Board other than those specified in clause (a);

and

531

41. All moneys payable to the credit of the Fqnd. to bo aforesaid accounts shall be received by the Board kcpc in Stato and shall be forthwith p;iid into the State Bank of Bank.

India to the credit respectively of the said accounts ..

42. (1) The moneys frc:!ll time to time .credited ..\pplication to the fund shall, subject to the provisions of section ofihe Fund.

96, be applied by the Board in payment. of all sum!:.

charrrcs and costs necessary for carryrng out_ the provisions of this Act and of the rules, regulations and bye-laws made thereunder.

532 THE ORISSA.'PORT TRUST ACT, 1962 [Or. Ad30 (Secs.. 4~46) . (p), Such ~oneys shall likewise be applied ·in payment.· of all ·sums ·pay~ble out of the ,Fund under .any, law _ f Ol' the . time._ being .in force.

~~~ro. 43 .. The Chairmail.. ·may, in cases, .reqwnng . immediate action, on being so authorised by the ·Board and subject to the. rules and regulations, if - any, ·made in that behalf, incur _expe_nditur_e- from ou~ of the .Fund for me~ting such situations.

·Rpservo· fud,

44. (I) .The Board may, from time to. time set apart ·as reserve fund or funds from out of its reve nue . surplus ~for the pprpose of p1oviding against any . temporary decrease in revenue or · increase in ex_penditure from transient causes or for purposes of replacement or. for meeting expenditure arising·· _from loss or damage by fire, shipwreck or other acoidents or for any other emergency arising in the ordinary course of administration of the provisions of this A.ct.

· (2} The sums set ~part as a reserve fund shall .not ·exceed such amount and shall be invested in such manner as Government may from time to time direct .

. 45. No expenditure shall be charged by the 'Bnard· to· capital account without the prior sanction of . Government:

. .

· -1(Prov;ided that. whenever in ~e ?Pinio~ of Gove~ ..

ment it is . expedient so to do with a view . to faci ...

. litate - the development of the port or the construc .tion. thereof, Governroent may,· from time to tim:e, by' notification specify the period dilling which I10 such sanction shall be n~ssary.]

Worn 46. No work shall .be .undertaken or any C()n ~= er tract ~ resp:ct of .sucht. worthk ent~rtedh . intoedor _ ~tnhy Board or· expenditure 1n connec ton:- erewi mcurr WI - Gt>vernmaJt.-out- the plan and estimate of the work being earlier approved by the Boar~ where ihe estimate;d cost exceeds two thousand rupees. a"Q.d. also by Govem ment where such cost exceeds ·twenty thousand .

rupees:

1.6Addod by the Orissa Port Trust (Amendment) Act, 1963 Cor. Act 26 of !963)1. 3. . · of 19621 T:rpi.E ORrssA Pmtr Tuuu Acr, 1962 (Secs. 47-50) '[Provided that whenever m the opinion of Government it is expedient so to do with a view to facilitate the development of the port or the cons~ traction thereof, Government may, from time to time, by notification specify the period during which it shall not be necessary to obtain such prior approval-

(a) of ·the Board, where the estim3r,ted cost as aforesaid does not exceed fifty thousand rupees~ and {jy) of Government where the said cost does not exceed rupees ten lakhs.]

533

47. The Chcirman shall at a special meeting to B~dsct be held o·n or before the 20th · day of December Esti~tc.

every year lay before the Board _an estimate of the income and expenditure of the Board for -~he next financial year.

48. The estiroates shall be printed in the form P m and prescribed and a copy thereof shall be served on-ck~u1at1on each trustee. not less than ten clear days prior to ~f~udft the day appointed for the meeting specified in sec- 5 ima 00 • tion 47.

49. The Board may, at such meeting1 alter or Ad<;>Plion or modify the said estimates and shall subject to such E.stimatos by alterations or :rnodi?cations, if any, pass the same. Boird.

50. (1) The estimates passed by the Board under ~P1.1ro~1 ~r section 49, shall, not later than the 10th dby of o~~~~zienl January, be submitted to Government who may call for such further information as may be deemed necessary from the Board or return the estimates to the Board for Teconsideration. '

(2) Government may, after . a consideration of the said estimates along with the information and the views as may have been received in pursu ance of sub~sec'.ion (1 ), approve the same subject to such alterations or modifications, if. any, as they may decide.

1. Added by the Orissa Port Trus1 (Amendment) Act, 1963 (Or. Act 26 of 1963}, '· 4- .

534 Supplemen IB>rY E.sllmatcs.

THE OrussA PoRT TRus1· ACT, 1962 (Secs. 51-54) [Or. Act 30

51. The Chairman may, in the course of any year for which an estimate has been approved by Government cause one or more supplemental esti~ mates for the residue of such year to be prepared and laid before the Bbard and to such estimates the provisions of sections 48, 49 and 50 shall, so far as may be, apply.

Restriction. 52. Save as otherwise provided in section 53 of CJ11pcnd1- • h . . f sure ro the Board sh'lll not wit out the prior sanction o :r~~~ct Government spend on any item of expenditure any · sum greater than that allotted in the estimates approv ed by Government under section 50 or section 51 as the case may be.

:~:c;~sto 53. (1) In case~ requw.ng imm~diate action spend beyond the Board may, without prrnr sanction of Govern ..

~fifr:~~~- ment, spend· on any item of expenditure-

(a) a sum not ex"Ce.eding two thousa.nd rupee!.

in excess of the sum allotted for the item in the approved estimates; and

(b) a sum not exceeding three thousand rupees on any item for which no funds are allot ted for the year in the said estimates.

(2) On a decision being taken by the Board under sub-section (1) the Chairman. shall forthwith report t(Y Government the circumstances which necessitate such expenditure and the manner in whlch the Board proposes to meet the same.

54. (1) The accounts of !eceipts and expenditure of the Board shall, once m every year, be laid before Government and· shall be . audited by such auditors as Government ,may, from· time to time, appoint and the Accou1:1tant-<;Jeneral for the State of Ohssa: may be appomted m that behalf.

2) The Auditors so appointed may, by summons in -writing,-

(a) require production of any book, deed, voucher, document or paper;

of 1962] THE ORrssA PoRT TRUST AcT, 1962 (Secs. 55--56)

(b) require the attendance of any person m the custody of or accountable for any such book, deed, contract, voucher, document or paper; and

(c) require such person to explain all mattet's relatiq.g thereto or to prepare and submit further statements in connection there with according as such Auditors d~em it necessary or expedient.

535

55. (1) The Auditors shall, before the expJry Audit - of fourteen days of the completion of the audit, RcPort.

prepare their report and submit copies thereof to Government and to the Board.

(2) The Board shall, on receipt of such report .cause the same along with an abstract of the relevant accounts to be published in the Official Gazette.

(3) The Government shall, as soon as may be, after receipt of the report, cause a copy thereof to be laid before the Legislative Assembly.

CHAPTER VII BORROWING POWERS OF THE BOARD

56. (J) The Board may, in pursuance of a resolu- Power 10 'tion passed by it, borrow by way of debenture or on r~i!c ll~o.hc.

other security (hereinafter referred to as Port Trust Securities) or on the guarantee obtained from Government, any sums of money which may be required-

(a) for acquiring any land which -it has power tp acquire ;

(b) for erecting any build1ng which 1t has power to erect ;

(c) for the execution of any work, the provision of any plant, or the doing of any other thing which it has the power to cxecuto, provide or to do ;

(d) for meeting expenditures which it bas the power to incur;

- 536 Pc;iod with ln which I orins to be rcpald.

Port Trust Sccuriti~.

THE OR1SSA PoRT TRUST Acr. 1962 (Secs.57-60) [Or. Aet 30

(e) to repay any loan raised under this Act or any debt due to Goverrunent ; or

(f) for any other purpqse for which the Board is by virtue of this Act or under any other law authorised to borrow.

(2) No loan shall be rai6::d without prior sa nctio?

of Government and previous publication of the app h cation for sanction.

(3) The amount of loan, rate of interest and the terms and conditions inducting the date of :floatation, the time and method of the payment and the like shall also be subject to ~he prior approval of Government.

57. The time for repayment of any loan shall' in no case, exceed sixty years, and the time for re payment of any money borrowed for. discharging-any previous loan shall not, except with the express sanction of Government, extend beyond the unexpired portion of the period for which such previous loan was sanctioned.

53. (J) The Board may, with the sanction of Government, prescribe the form in which Port Trust_ Securities shall be issued, the mode in which and the conditions subject to which they may be transferred.

(2) The right to sue in respect of moneys secured by Port Trust Securities shall be exercisable by the holders thereof for the time being without preference in respect of priority of date.

Indian 59. The provisions of sections 4,5,8,9,10 and 15 of Sccur1iil~5 the Indian Securities Act1 1920 shall, mutatis mutandis, 10 af 1920 X~licabJc to apply to all securities issued by the Board subject in ~ort :r~ 1w the case of sections 10 and 15 of the said Act to the c.:untics:. understanding .that the word ••prescribed" shall mean Power tn make rcgula tions.

.. prescribed by Government or by the Board with the sanction of Government".

60. The Board may make regulations to carry out the purposes of this Chapter and in particular to provide for all or any of the following matters, namely :-

(a) the person, if any, authorised to sign, and the mode of affixing the corporate seal of attestation of documents relating to Port Trust Securities;

of 1962] qlff Jtl9 -nm ORissA PoRT TRusr Acr, 1962 ( Sec. 60-contd.")

(b) the manner in which payment of interest in respect of Port Trust Securities is to '!;le made and acknowledged ;

(d) the circumstances in which su<'.R-. securities must be renewed before further payment of interest thereon can be claimed. :

(e) the form in which securities delivered for renewal and conversion are to be receipted ;

(f) the proof which is to be produced by pP.rso.ns applying for ·duplicate securities.; · (gJ the form and manner of publication of the notification mentioned in sub-sec; ion ~2) of section 10 cf the Indian Securities Act, 1920, as applied to Port Trust Securities and the manner of publication of the list mentioned in sub-section (3) of that section ;

(h) the nature and amount of indemnity to be given by a person applying for the pay ment. of interest on debentures alleged to have been wholly or partly lost or destroyed, or for the issue of duplicate debentures ;

(i) the conditions subject to which Port Trust Securities may be converted- ;

(j) the amounts for which stock certificates may be issued ; ,

(k) generally, all matters connected with the · grant of duplicate, renewed and converted securities ;

(1) the fees to be paid in respect of the issue of duplicate securities and of the renewal and conversion of Port Trust Securities ;

(m) the fees to be levied in respect of tJie issue of stor:k certificates ; and 537

538.

Security for loans. · THE OR1ssA PoRT TRusr AcT, 1962 (Secs. 6J-fi3) [Or. Act 38

(n) any other matter which is required to be or may be provided for by regulations.

(2) The power· to make .regu Iations under sub section (J) shall be subject to the following conditions, namely:-

(i) a dran of the regulatio11s sh~ll be published in three consecutive issues of the official Gazette;

(ii) the same shall have no effect until approved by Government after such publication and until such approval has also been published in the official Gazette ; and

(iii) Government may, at any time, by noti .. fication cancel any regulation published under the provisions of this section.

61. All loans may be raised on the security of-

(a) the property now vested, or which may hereafter become vested in the Board, other than any sums set apart by the Board as a sinking fund for the purpose of paying off any Joan ; and

(b) the t~-xes, tnlls, dur:s, rates, rents, cesses, fees and charges leviable under this Act.

Rerned\ci of 62. Government shall have, in respect of loans

01.n°"ern~tfmade bv it to Board, the same remedies as cebenture-rcspcc'" o · .

loans made holders ; and it shall not be deemed to possess any to Bord. prior or greater rights in respect of such loans thari debenture-holders.

Power 10 re- 63. (1) The Board may apply any sum not being &:loro 1~~ns Jess than ten thousand rupees which can be so appUed late. without prejudicing.the security of the other debentureholders of the Board, in repaying to the Government any sum which may remain due to them in respect of the principal of any loan befor6 the tirr.e fixed for the repayment of the same.

(2) On any such repayment being made the portion of any subsequent instalment which represents interest shall be reduced to such an amount as represents interest on the outstanding principal.

of 1962] THE ORCSSA PORT TRUST A ~T, 1962 (Secs. 64-68) 539 9 ot' J9J.i

64. In respect of a loan not repayable before the Establish expiration of one y·:::ar from the date of the loan the !11em obicik· • ' . .· . ' 1ng fund.

Board shall prry half-yearly out of its income mto a sinking fund such sum suffi.cic!1t for the repayment within the periOd fixed, of the loan ..

65. (J). The accmmibtions in the sinking fund rnve5tment.

shall, subject to the prior approval of Government, ~~1~0n npp~;

be invested in p,·omissory n'Jtes and other securities of sinkini ruad.

the Central or the State Government or otherwiseand sl1all be hc!d in trust for the purpose of this Act by two trustees one beirrg the Board and the other a person appointed by Government.

(2) The Board may apply the whole or any part of sums accumulated i~ the sinking fund in or towards the discl-nrgc of the !TIOneys for the repayment of which the fund h~s been est:i.blishcd provided that it pays into the fund in each y;;:~r and accumulates until the \v:1olc of the moneys borrowed are discharged, a sum equivalent to fr;e interest which would have been pr..:itluced by the sinking fund, or the part of the sinking fund so applied.

66. Th~ sinking fund established for the Exl!Illia•tion llquidation of ~my l·JJ.n sh~!i be subject to annual ~r;,fkiag examination by foe Accountant-General, Orissa who n shall ascertain whetiler the cash and the current value of the sccurit[cs at the credit of tl1e fund arc actually, equal to the ~mol!nt which wo'Jld ilave been accumulated had invc.st:ncats l;>·~cn regularly made and had the rate of interest as origin::illy estimated been obtained thereon and the Board shall pay forthwith into the sinking fund a.ny amount which the Acc01mrnnt-Gencral may certify to be deficient.

67. All payments due from the Board on account Priority or of interest on and repayment of loans shall be made r:?~~~~t a;J in priority to all other payments due from the Board. repnymcnt of loan o'CJ other PaJ• ment1.

68. Noti.iing cont<ti!le<l in tliis Act snall be deemea. P~wer to to affect the powc . .-. cf the Board to raise Joap.c:: und',.,.r ~~~r 10~i~ the Local r\uthontres Loans Act, 1914. Loc111Autha1- rltie~ Laaas ~ct, I !:lr.1.

540 THE 0RISSA PORT TRUST ACT, 1962 ( Secs. 69-7 J )

CHAPTER Vlll LEvY AND RECOVERY OF 'RA.TES {Or. Act 30 Duo• l•viablt1 69·. All dues leviable immediately before the un~e, tb~ coming into force of this Act in respect of any port Oriua Porl1 . f h · • f th 0 · · p 1 Regulation, m pursuance 0 t e proVISIOflS 0 e nssa Orts Orl!Sl 19 3 7· 10 Regulation, 1937 shall continue to be so leviable until~~~ contlnu.,. it is otherwise declared by Government by notification ° · in that behalf.

s c .. 1 c of 70. · (1) The Board shall frame a scale of rates on u.te•. payment of which and a statement of conditions subject to which-

(a) any ·of the services spociticd in Chaptor V · shall be· rendered: by it or by a person to whom any servfce has been relinquished _ under section 38 or partly by one and partly by the other ;

(b) the benefit of any of the works and appliances specified in the said Chapter shall Le availed of ;· and

(c) any property belonging to or in possession or occupation of the Board or. any place within the limits of the port may be used.

(2) In determining the rates and conditions under Sl.l\b-section (I) the Board may, and if so .. directed by Government shall, provide for the levy of a special scale of rates in respect of wharves, roads and railways in the construction of which heavy expenditure has been incurred.

s~Ie oi:ratcs 71. Without prejudice to the generality of ;~;,r:.clllu provisions of section 70 the Board shall, in particu1ar, txin~u · an• detennine the rates and conditions . under the said ulCI- section~

(i) in respect of ·the following services rendered and benefits avai1able, namely:-

(a) transhipping of goods or passengers between vessels in harboti.rs ;

of 1962] THE OrussA PoRT TRUST ACT, 1962 (Sec. 72)

(b) Janding and shipping of goods or passengers from or to such vessels, to or from any wharf, quay, pier, dock, land or building in possession or occupation of the Board or at any place within the limits of the port;

(d) wharfage, storage or demurrage of goods on any such place ~ and

(e) any other service in respect of vessels, passengers or goods ; and

(ii) .. in respect of the use of any property belonging to or in possession or· occupation of the Board for the purposes herein · specified, namely:-

(a) approaching or lying at or alongside any moorings, wharf, quay, pier, dock,_ land, building or place as aforesaid by vessels or boats ;

(b) entering upon or plying for hire at" any wharf, quay, pier, dock, land,, building or place as aforesaid by animals or vehicles carrying passenger or goods;

(d) any other use of any land, roads, canals, works or appliance belonging to or main tained or provided by the Board.

541

72. The Board may, frame a consolidated scaleconsolidatcd of rates for any combination of the services specified ra1csb-_ .for · , . 70 d 71 -" b" . f h oom iuntloa JU sections an or ior any com mat1on o sue of services.

service or services with any user or permission ·to use any property belonging to or in the possession or occupation of the Board, as specified in the said sections.

542 THE 0RISSA PoRT TRusr Acr, 1962 (Secs. 73-75) [Or. Act 30 P.rior saner 73. (J) Every scaJe and every statement of condi to~~ernmcn~ tions framed by the Board under sections 70, 71 or t 0 I such 72 shall be submitted to Government for sanction, sea cs. and when so sanctioned and published in the official Gazette, shall have the force of Jaw ; and may, in like manner from time to time, be amended or added to by the Board.

(2) The Board may, in special cases, with the prior sanction of Government, remit the whole or any portion of the rates or of any charge leviable according to any scale in force under this section and may suo motu correct mistakes, remit overcharges made in its bills, and write off irrecoverable sums up to a limit of two hundred rupees in each case.

(3) In respect of any item of any scale of rates framed in pursuance of sections 70, 71 or 72 the Board, with the prevk11s sanction of Government may fix maximum and minimum rates, and may levy any charges not exceeding the maximum and not below the minimum so fixed.

Rcflmd or 74. No person shall be entitled to the refund of over chars.cs. an overcharge except on application made by him or on his behalf to the Board before the expiry of six months from the date of payment and in the form and manner specified by regulations made in that behalf.

Power to incrense r.ites lu :::over deli· ciency or revenue.

7). (1) If in any case-

(a) on the preparation of the estimate of any year, it appears that the estimated income of the Board for such year, after deducting therefrom the estimated expenditure of such year, will be insufficient for the payment of the interest which may bo payable by the Board during such year to Government or . to any other creditor and of any sinking fund established under section 64 and of any sum the repayment of which is due in pursuance of any terms fixed under section 56 ; or of 1962] THE ORISSA PORT TRUST ACT, 1962 ( Secs.76-78 )

(b) at any time during the course of a year, it appears that the income of such portion of the year as has then elapsed, and the estimated income of the residue of such year after deducting therefrom the actuaJ expenditure of such past portion and the estimated expenditure of such residue, will be insufficient for the payment of the said interest, sinking funds and sums due;

the Board .may, and upon the requisition of Govern ment shall. increase the rates for the time being in force to such extent as wm render the estimated income of the year sufficient as nearly as .may be for the pay ment in full of the said interest, sinking funds and sums due.

(2) Such increased rates shall be fixed by the Board, and if approved by Government, shall be published in the Official Gazette and shall become leviable after the expiration of one month from the date of such publication, and continue to be so leviabie until altered by the Board with the sanction of Government.

543

76. If the Board shall, for fifteen days after the Power or receipt by the Chairman of any such requisition from:3°ev:~:C~at Government, neglect or refuse to submit to Govern~ r~~es,ifBoard ment for approval such increased rates, Government fails 10 do 110 • may by notificaion increase such rates as they think fit, and such notification shall have the same force as if a new scale of rates to the same effect had been duly framed under section 70, 71 or 72 and sanctioned and published under section 73.

77. The Roard shall not ]ease, farm, sell or Board n~t to alienate any power, vested in it under this Act, ofle!lse ra1es 1 · . h h · l f G wllhout sani;-evymg rates wit out t e pnor approva o overn- tion. · ment.

78. AU fines and penalties recovered under this Fin~s and - Act (other than fines and penalties imposed by a pena~~i:s Court) shall be paid to the Board. ~~~~<l~ 10 544 THE ORISSA PORT TRUST ACT, 1962 [Or. Act 30 ( Secs.79-84 ) raymq1r or 79. The Government may at any time direct ~~l~n~c i·u~J that the whole or any portion of the balance of the to Board. moneys which may be credited to the Consolidated Fund of the State in th';! account of Port under the Time payment rates goods.

Indian Ports Act, 1908 or the Orissa Ports Regulation, 15 _or 19011.

1937 after defraying therefrom all expenses legally~~~~ition chargeable from the said income shall ~e paid to the 11or1937.

Board for the purpose of this Act.

f~r 80. Rates in respect of goods to be landed shall on be payable immediately on the landing of the goods and in respect of goods to be removed from the premises of the Board or to ·be shipped for export or trans hipped, before the goods are removed or shipped or transhipped.

81. For the amount of all rates leviable under Li<:n ofrntcs this Act in respect of any goods, and for the rent due to the Board on any buildings, plinths, stocking areas or other premises on or in which any goods may have been placed, the Board shaU have a lien on such goods and may seize and detain the same until such rates are fully paid.

~~0°~~'Boa~J 82. Such lien shall have priority over all other ~vcr other liens and claims, except for general average and for ~1~imi.. acd the ship-owner's lien upon the said goods for freight and other charges where such lien exists and. has been preserved in the manner provided in section 86 and for primage, and for money payable to Govern ment.

Preservation 83. If the master or owner of any vessel or his for~cn Corr agent at or before the time of landing from such vessel reight a tcr f d d k . goods arc o any goo s at any oc , wharf, quay, stage, Jetty landed. or pier in the occupation of the Board1 gives to the Board notice in writing that such goods are to remain subject to a lien for freight or other charges including landing charg((s payable to the ship-owner to an amount to be mentioned in such notice, such goods shall continue liable to such amount.

Retention of 84. Such goods snall be retained in the custody ~~ti~ liJi00~! of the Board, at the risk and expense of the owners di~chargcd. of the said goods until such lien is discharged as ·hereinafter mentiond, and godown or storage rent shall be payable by the party entitled to such goccs for the time during which they may be so reta.in!!d.

of 1962] THE ORISSA PORT TRusT Acr, 1962 (Secs. 85-88 ) 545

85. Upon the production to any officer appointed.Dischara;e of by the Boar~ in that behalf of a document purporting ]~~r~~ner's to be a receipt for or a release from the amount of freight.

such lien, executed by the person by whom: or on whose behalf such notice has been given, .:.he Board may permit such goods to be removed without regard to such lien, provided th<>t the Board shall have used reasonable pare in respect to the authenticity of such document.

86. The Board may, after the expiry of two so.I() of fl months from the time when any goods have passed f~.~~~nfus into its custody, or in the case of perishable goods if rates or f h . f h h . d rents are Dot a ter t e expiry o sue s orter peno not paid or lien being less than twenty-four h01.us as the Board may for freight think fit, sell by public auction so much as may ~s;;~:rgcd.

be necessary of such goods-

(a) if any rates payale to the Board in respect of such goods have not been paid ;

(b) if any rent referred to in section 81 -in respect of any place on or in which such goods have been stored has not been paid; or {c) if any lien of any ship-owner for freight or other charges of which notice has been given hat· not been discharged and if the person claiming such lien for freight or other charges has made an application for sach sale.

87. Before making such sale, ten days' notice Notico of of the same shall· be given by publication thereof in sale.

the Official Gazette, unless the goods are of a perishable nature so as to, in tb,e opinion of the. Board, render their immediate sale necessary or advis~ble, in which event such notice shall be given as the urgency of the case requires.

88. If the address of the owner of the goods has Noticci or been stated on the manifest of the cargo or in any ofsale·· to the documents which have come into the hands ofowner.

the Board, or is otherwise kno\Vn, notice 'shall also be given to the owner of the goods by registered post :

Provided that the ·title of a bona fide purchaser of such !!i::iods shall not be invalidated by reason -of 546 THE Oruss;.. PoRT TRusT Acr, 1962 (Secs 89-90) ror. Act 30 the omission to send the notice herein before mentioned nor shall any such purchaser be bound to inquir~ whether such notice has been sent.

Application 89. (1) The proceeds of every such sale shall be or satci- applied ·in the following order or priority, namely ·- proeccd11.

(a) in payment of the expenses of the· sale ;

(b) in payment, according· to their respective priorities of the liens subject to the provi sions of section 82 ; and ( c) in payment of the rates and expenses of landing, removing, storing or warehousing the same, and of all other charges due to the Board in respect thereof.

(2) The surplus, . if any, shall be paid to the importer, owner or consignee of the goods, or to his agents on his applying for the same :

Provided that such application shall be made within one year from the sale or reason be shown to the satisfaction of the Board why such application was not so made ; and in case such application has not been so made or reason shown, ·such surplus shall be held by the Board upon trust for the purposes of this Act.

~very or 90. (J) If the master of any vessel in respect of ~~~c;a:iy which a·ny rates or penalties are payable under this disvaint of Act, or under any bye-laws, rules, regulations or .,wcJ. orders made in pursuance thereof refuses or neglects to pay the ·same or any part thereof on demand it shall be lawful for the Board to distrain on its own ·authority such vessel and the tackle, apparel and furniture belonging thereto or any part thereof and _detain the same until the amount so due is paid.

(2} In case any part of the said rates or penalties or of the cost of the distress or of the keeping of the same, remains unpaid for the space of fi\fe days next after any such distress has been made, the Board may cause the vessel or other things so distrainr-d or 1962) THE ORJSSAPORT TRUST ACT, 1962 (Secs. 91-95) to be sold and· with the proceeds of such sale, shall satisfy such rates or penalties and costs, including the costs of sale, remaining unpaid, paying the surplus, if any, to the master of such vessel on demand.

547

91. If the Board gives to the Officer of Govern- Grant of ment whose duty it is to grant the port-clearance porr~Jeara of any vessel a notice stating that an amount therein g~~~~f or specified is due in respect of rates or penalties chargeable rato1.

under this Act, or under any bye-laws, rules or orders made in pursuance thereof, against such vessel, or by the owner or master of such vessel in respect of any goods on board such vessel, such Officer shall not grant such port-clearance until the amount so chargeable has been paid.

92. Notwithstanding anything in this Act instead Altcrnalivc of proceeding against the defaulter by distress and ~cucdy by sale as hereinbefore provided or after a defaulter u · has been so proceeded against unsuccessfully or with partial success, any sum due or the balance of any sum due. as the case may be, from such defaulter on account of any rates, damages, expenses, or costs, may be recovered by a suit in a court of competent jurisdiction.

CHAPTER IX PILoTS AND HARBOUR-MASTERS

93. The Board shall . have the right and privilege Pilotage fees of maintaining pilots or harbour-masters for the navigation of vessels at the port, and all fees for pilotage shall be paid to the Board.

94. _No person shall be appointed as pilot or APP.ointment harbour-master who is not for the time being author- of piJois.

ised by Government under the provisions of the 1 s or 190s fo_dian Ports Act, 1908, to pilot vessels.

95. (1) Notwithstanding anything contained inRolcs aod Chapter III the Board may make special regulations resul1ttioos • . . regardklg for regulatmg the behaviour and conduct of pilots pilots.

or harbour-masters, and may provide that any breach thereof shall render the person committing it liable· to a penalty not exceeding two hundred rupees in 548 Expenditure on pilot'1ge.

THE 0RISSA PORT TRUST ACT, 1962 [Or. Act 3Q (Sec. 96) addition to such punishment in the form of suspension, dismissal or the like as the Board may deem ex pedient to inflict.

(2) Such regulations shall have no effect until they have been approved by the Government and published in the official Gazette.

96. All sums credited to the pilotage account under clause (a) of sub-section (2) of section 40 may be applied, in st~cil proportions as the Board may, from time to time , direct, to the following purposes only> namely :- (J) the purchase and maintenance in repair of such vessels, and the supply qf such materials stores or other things as the Board may deem it necessary to maintain or supply for the efficiency of the pilot service ;

(2) the payment of the salaries and allowances of pilots or harbour-masters and other officers and servants of the Board employed in the pilot service. or in the supervision thereol° ;

(3) the payment of pensions or retiring gra tuities or compassionate allowances to pilots or harbour.masters and . other officers and servants engaged in the pilot service, and of the contributions, if any, duly authorised to be made in their behalf to any pr evident fund ;

(4) the payment of pensions, gratiuties and.

compassionate aliowances granted by the Board to pllots or harbour .. masters and other C' fficers and servants engaged in the pilot service, who have been injuted in the execu;ion of their duty and to the surviving relatives of pilots· or barbour masters, officers and servants "So -engaged, who may die in the service of the Board.

nf 1962J THE ORtssA PORT TRusT Acr, I 962 (Sec:.97)

CHAPTER X RULES, REGULATIONS AND BYE-LAWS 549 'YT. (I) Government may, after previous publi- Pov..er or t.I. k I ] f hi Go;crnrncnt ca on) ma e ru es to carry out l le purpo:=;es o t s ta rn.akc rule~ Act. under the

(2) In particular and without !,"rejudice to the Act.

generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a)· the qualifications of persons to be elected as Trustees of the Board ;

(b) the salary and allowances to be paid to the Chairman, Vice-Chairman and persons appointed to act during their absence on leave and the conditions and restrictions subject to which the same are payable ;

(c) the fees payable to the Chairman, Vice Chairrnan and other Trustees of the Board for attendance at meetings and the conditions and restrictions subject to which such Zees are payable ;

(d) the inquiry into and· decision of objections referred to in section 14 ;

(e) the conditions subject to which the Board may relinquish the performance of any of the services specified in clauses (a) and

(e) of sub-sect!on (I) of section 35 or enter into any agreement accepting a greater or lesser Jiability than that imposed on the Board by sub-section (1) or- section 37 ;

(f) the form of the receipt to be giVen under sub-section (1) of section 36 by the Board, or in pursuance of tt.; provisions of section 39 by a person to whom any -service have been relinquished ;

(g) the form of annual estimates of income and expenditure to be )aid before the Board under section 47; and 550 Regula ti ems when 10 fake effect.

Power to r rame bye laws.

THE 0RISSA PORT TRUST ACT, 1962 (Or. Act 30 (Sec.98)

(h) any other matter which under the provisions of this Act is required to be or may be prescribed.

(3) AH rules made under this section shall have effect as if enacted in this Act.

98. No regulation made by the Board shall have effect until it has been approved by Government and published in the Gazette.

99. The Board may from time to time make bye Iaws not inconsistent with the provisions of this Act or of the Indian Ports Act, 1908 in re5:pect of al 11 s or I 9 os or any of the following matters, namely:-

(1) the guidance of persons employed by the Bod.rd under this Act ;

(2) the safe and convenient use of the docks, wharves, quays, jetties, sheds, warehouses, railways, tramways and other works constructed or' maintained by or vested in the Board under this Act ;

(3) the use of the public landing places construc ted by or vested in the Board ;

(4) the reception, porterage, storage and removal of goods brought within the premises of the Board and for the exclusive conduct of these operations by the Board or persons employed by the Board ;

(5) keeprng clean the harbour and basins ~nd the works of the Board and for preventing filth or rubbish being thrown therein or thereon ;

(6) regulating, declaring and defining the docks wharves, quays, jetties, stages and piers, vested in the Board on which goods shall be landed from vesse1s and shipped on bo.ard vessels ;

(7) regulating the lighterage of cargo between ships or between ships and shore or between shore and ships:

of 1962 THE 0RISSA. PORT TRUST ACT, 1962 (Sec. JOO)

(8) the exclusion from its premises of disord erly or other undesirable person.s and of tresspassers ;

(9) regulaiion or restriction of the use of sites for different purposes within the limits of the port ;

(JO) regulation or r~st~iction of. ~ui.ld~ngs in different areas within the sam hm1ts and of temporary structures therein ;

(If) permission, regulation or prohibition of use or occupation of any public street and any matter in connection: with the construction, repair, maintenance and lighting of such street ;

(12) regulation, control and supervision of places where dangerous or offensive trades, occupations or practices are carried on;

(13) regulation and control of hospitals and dispensaries;

(14) matters relating to water -supply, drainage and sewerage disposal;

(15) imposition of fees that may be charged in respect of licences and permissions required to be granted by the Board under any bye-law and fees that may accompany notices and applications required to be given or made to the Board for any of the purposes of this Act;

(16) the mode of payment of the rates leviable under this Act; and

(17) genera:l1y for the carrying out of the pur poses of this Act.

551

100. No bye-law or alteration or revocation of Bye-laws a bye-Jaw shall have effect until the same has been when to published in three successive issues of the official h.:1.ve effect.

Gazette and has been approved by Government.

552 THE 0RJSSA PORT TRUST ACT, 1962 10r. Act 30 (Secs. 101-105) Penalties for 101. (/) The Board may provide that a breach infringement of oiny bye-law shall be punishable with fine which of bye-laws. • may extend to five thousand rupees and in case of a continuing breach with fine which may extend to five hundred rupees for every day during which the breach contin:1es after conviction for the first breach.

(2) Any such bye-law may also provide !hat a person contravening the same shall be required to remedy, so far as lies in his power, the mischief, if any, caused by such contravention.

102. The Board shall cause the said bve-laws Ex hi bi ti on J or bye.laws and the scales of rates leviable by the Board together •111d s~ales or with a statement of the conditions under which it rates and . . .

charges. is prepared to render services or to provide for services to be rendered to be hung up at the several wharves, docks and piers and other convenient places on the premises of the Board.

103. Government may by an order published Cancellation · J ffi · I G · ] h of bye-laws. rn t le o cia azette at any time, annu any sue Pcn:!ltv ror b~in.; 1-:--i ~.~r~· sled in ... on· ! racl~ wiih Ht>Jrd.

bye-law.

CHAPTER XI PENALTIES

104. Any person who, being a Trustee or an Officer or Servant of the Board, in any case not cov ered by sub-section (2) of section 8, acquires directly or ~ndirectly any share or interest in any contract or employment with, by or on behalf of the Board shall be deemed to have committed an offence punishable under section 168 of the indian Penal Code. 45' or 1sSJ Penally for ublnining lllcg,d grati· fk;iii~n.

105. Any officer or servant of the Board, not being a public servant within the meaning of section 21 of the Indian Penal Code, who accepts or obtains, or agrees to accept or attempts to obtain from an_y 45 person for hirnsclf or for '1,.1lY other person any wat1- fication whatsovcr, other than legal remuneration, as a reward for doing or forbearing to do any official act or for showing or forhearing to show, in the exer cise of his official functions, favour or disfavour to of t 860 cf 1962] THE 0 RIS~A PORT TRUST ACT, 1962 (Secs. 106-J09) any person or for rendering or attempting to render any service or disservice to any person with the Board or with any public servant as such, or with the Governmem shall be 1i?.ble to the same punishment 45 of 1860 as is provide<l under the Indian Penal Code in th!!

case of a like offence committed by a public servant.

553

106. Any person who, when duly-required so to do Pcrn<1~ty for . ,c usin~ 0 r by any auditor of accounts under section 54. refuses ncslcciing or neglects to appear before such cuditor or to ~~r~~g~~ produce any book, deed, accounts, voucher, docu~ auditor of ment or p~per or to answer any question or prepare ~~~-oun!s and submit any statement shall be punishable for every such neglect or refusal with fine which may extend to one hundred rupees.

107. Whoever infringes any order issued under _Pcnp-lry for t . 29 30 · J d" · · d infringcmcor sec !Oil or or VJO ates any COll IllOn impose c.f section under section 32 shall be punished with fine which 29, 30<Jr 32.

may extend from ten to orie hundred rupees and if the infringement or violation be continuing with a further fine which may extend to one lrnndred rupees for every day during which such infringement or violation eontinues.

108. Any person who without !Jcence from c:. PonoH_y_ror h . .lf JI d ·. . deri<mung: competent aut onty w1 u y epos1ts or permits filth, etc., his servants to deposit any dust1 dirt, dung, ashes, onh [he . .,,,. one> or refuse or filth of any kmd or broken glass, earthen- forcst;Me.

ware or rubbish in or upon any wharf, dock or pier in the possession of the Board or in or upon any part of the foreshore of the port shall be punishable \Vith fine \vhich may extend to ten rupees for each offence.

9 ( ) A · th · h h B d Pen:i.Hy (N IO • 1 ny person, 0 .l Cl t an t e oar or seitin~ up tne Conservator of the Port, who shall, without first whJr-"cs, b . . h . t f G . t .. t..; qu<1Ys, etc., o t am1 ng t e W'"l tten co nsen o · ove1 n men ~o ills witho ,11 so doing, make, set u? or fix within the limits of permission· the port, any wharf, quay, pier, 1:nooring o.i· other erection whatsoever, shall be purnshable Wtlh fine which may extend to one thousand rupees and to a further fine which may extend to one hundred rupees for every day during 'Nhich he sJwl[ permit such wharf, quay, pier, mooring or other erection to remain, after notice to remove the same has been given to him.

554 Penally for Widorstating quantity or weight of ~oods or 1 ncorrectlY deserib ing tbem P.:nal\v for le'ra d irq.; • rates, ek.

R.eeover,,o of vallle of damage !o t) toPerty of Bowd.

THE ORISSA PoRT TRusr Acr. 1962 [Or. Act 38 (Secs. 110-112)

(2) Any such wharf, quay, pier, mooring or other erection within the limits of the port may be remcwed by the Board and the person who made, set up, or fixed the same shall be liable to pay all expenses which may be incurred by the Board in the removal thereof and all such expenses <>hall, on the appiication of the Board, be recoverable under a Magistrate's warrant as if the amount were a fine inflicted by such Magistrate.

no. If it be found when goods are imported at or exported from an_y wharf, dock or pier in the possession of rhe Board, that the weight, quantity or description of ..;uch goods has been nnd.cr ~tated or inconeccly given in any document presented to any officer of the Board for th.e purpose of enabling him to determine the rate payable in respc:ct nf the said goods, the owner of such goods shall be liabie to p::y to the Board such sum not exce~ding twice the proper rates on thi;; whole weight or quantity of the consignment of goods so understated or incorrectly described, as may be determined by the Board and the said sum shall, on the application of the Board, be recoverable under a Magistrate's warrant as if it were a fine inflicted by such Magistrate.

111. Any person who removes or attempts to remove or abets the removal of ar:.y vessel or goods with the: intention of evading payment of the rates lawfully due in respect thereof to the Board shall b(} punishable with fine which may extend to fifty rupees.

112. If, through the negligence- of any person having the guidance or commll.11d of any vessel er of any of the mariners or persons employed on such vessel, damage shall be caused to any wharf, dock, pier or other work ifl the vossession of the Bortrd the amoun1 of such damage shall, on the appiication of the Board, be recovera.hJe, together wjth the cost of such recovery by distress and sale nnder a Ma~ strnte'~ warrant, of a sufficii::nt portion of thf boats, m~ts, spars, ropes, cables, rmc::hors or stores belon~ ing tu such vesseJ :

Provided that no .IVfagistrate shall issue sucn a \Varrant until the mas[er of the vessel has been st1m~ moned to appear be-fore him and if he appears, l.mti1 he has been hieard :

of 1962] THE 0RJSSA PORT TRUST ACT, 1962 (Secs. 113-115)

Provided further that no such warrant shall issue if the vessel was at the time under the orders of a duly authorised servant of the Board or officer in the pilot service of the port and unless the darnage caused was in no way attributable to the order, act or improper omission of such servant or officer.

555

113. Save as otherwise provided, no Magistrate Cosnizan1;e other than a Magistrate of the first or second class ~!a~~:t~~t shall try any offence against this Act or against any or bye-laws.

bye-law published under section 100.

CHAPTER XII MISCELLANEOUS

114. Nothing in this Act shall affect vested in the Chief Officer of Customs law for the time being in force.

any power Saving of under any power of Customs Col[cclor undc r exist· ing Jaw.

115. (J) No suit shall be commenced against Limitation the Board or any person for anytltlng done or pur- ~fnr0cf~ porting to have been done in pursuance of this Act r~PCC! of or the rules> regulations or bye-laws made thereunder ~~~rr ~g~e

(a) until the expiration of one month after notice in writing has been given to the Board or to such person stating explicitly the cause of action, the nature of relief sought, the amount of the compensation, j~ any, claimed and the name and address of the intending plaintiff and unless the plaint contains a statement that such noti~e has been so given ; and

(b) after the expiration of six months from the date on which the cause of action for such suit arose.

(2) No suit or prosecution or other proceeding shall be entertained in any court against the Board or against any person for anything which is in gbod faith done or intended to be done under this Act or any rule, regulation or bye-law made thereunder.

Act.

556 Sn\ling of liability of Dolrd for act~ or officers or

9ervanrs.

THE 0RrssA Pm'.T TRUST Acr, 1962 [Or. Act 30 of 1962} (Secs. 116-118)

116. (I) The Roard shall not be liable frir any act or default of any officer or servant appointed under this Act or under the Indjan Ports Act, 1908, 15or1903 if the Board be appo_inted by Government under the said Act to be the Conservator of the port, Qr of any person acting under the authority or direction of any such officer unless such act -or default is done or made under the direction of the Board. nor for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to the Board.

(2) Notwithstanding anything contained in sub section (J) the Board may, in any special case with the sanction of Government, award comp~nsatiou to any person for any act done, default made or damage caused by tht.. Board or any of its employees.

submission 117. The Chairman shall supply such returns ofdrt:turs and information as may be called for by the Governan in.or- ~ h f h" A ma ti on 10 went i or t e purposes o t IS ct.

Govcrmucnt.

Powe r 118. (J) If, at any time, in the opinion of Govem Go\leri;un~n1 ment the works intended to be executed by the Board ro take d h" A h t b d l"k 1 t po~session un er t rs ct ave no een, an are nor r e y o of work~ and be properly carried out or maintained by the Board, ~~~:~ o< they may give six months notice, by order published Board. in the official Gazette, that unless, within that period, the Board takes measures, to their satisfaction for the carrying out or maintenance of the said works, the powers by this Act conferred on the Board shall, at the end of such period, be withdrawn or revoked.

(2) It, at the end of such period the Board fails to take such measures, Governmem may assume p0ssession and management of the works already constructed and may, by a like notification, declare the powers of the Board to be writhdrawn or revoked and 11pon publication cf such modification, all immov able and movable property, all rights of levying and recovering rates and.penaltiGs, all bendit of contracts, and all rights of suit which at the tirn~ are vested in the Board shall be transferred to, and vested in Government and the rights of all credii:ors of the Board under this Act shall (;ominue as agrunst Govern ment to the exli:nt of the property so transferred to and vested in them.

The Odisha Port Trust Act, 1962

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