(1) Subject to the other provisions of this Act, the functions of the Board shall be to set up, operate, manage and control minor ports in West Bengal.
(2) Subject to the provisions of any other law for the time being in force, the Board may, with the approval of the State Government, develop or establish one or more minor ports at such place or places as it may, on proper survey and study undertaken for the purpose, consider fit and suitable and provide such works and appliances within or without the limits of such port or ports as it may deem necessary and expedient.
304 The West Bengal Maritime Board Act, 2000.
XXX of 2000.]
(Chapter IV.—Establishment of minor ports and works and services to be provided at minor ports, and functions of Board.—Section 19.)
(3) The works and appliances as aforesaid may include:—
(a) such wharves, quays, docks, stages, jetties, piers, place of anchorage and other works within a port or port approaches or on the foreshore of a port or port approaches in West Bengal, with all such convenient arches, drains, landing places, stairs, fences, roads, bridges, tunnels, and approaches, and buildings required for the residence of the employees of the Board as the Board may consider necessary;
(b) buses, locomotives, rolling stocks, sheds, hotels, warehouses, and other accommodation for passengers and goods and other appliances for carrying passengers and for conveying, receiving or storing goods landed or to be shipped or otherwise;
(c) moorings and cranes, scales, and all other means and appliances necessary for loading and unloading of vessels;
(d) reclaiming, excavating, enclosing and raising any part of the foreshore of a port or port approaches which may be necessary for the execution of the works under this Act or for the purposes of this Act;
(e) such breakwaters and other works as may be expedient for the protection of a port;
(f) dredgers and other machines for cleaning, widening, deepening and improving any portion of a port or port approaches or of the foreshore of a port or port approaches;
(g) lighthouses, lightships, beacons, buoys, pilot boats and other appliances necessary for the safe navigation of a port and port approaches in so far as they are within the purview of the functions of the State Government;
(h) vessels, tugs, boats, barges, launches, and lighters for the use within, or without, the limits of a port, whether in territorial waters or otherwise, for the purposes of towing or rendering assistance to any vessel, whether entering or leaving a port or bound elsewhere, saving or protecting life or property, and landing, shipping or transhipping passengers or goods;
(i) sinking of tube-wells, and equipment and maintenance and use of boats, barges and other appliances for the purpose of supply of water at a port;
(j) engines and other appliances necessary for extinguishing fires;
(k) lands abutting the sea-coast including creeks and rivers;
305 The West Bengal Maritime Board Act, 2000.
[West Ben. Act (Chapter IV—Establishment of minor ports and works and services to be provided at minor ports, and functions of Board—Section 20.)
(1) ferry-boats and other works and equipments appertaining to the running of ferry-service at or between ports;
(m) construction of models and plans for carrying out hydraulic studies;
(n) dry docks, slipways, boat-basins and workshops to carry out repairs or overhauling of vessels, tugs, boats, machinery or other appliances.
Private participation in ports.
20. ( I) The Board may, with the approval of the State Government, invite private, public or joint sector undertakings to conduct studies and surveys for the purpose of setting up minor ports or to construct, own, operate and manage minor ports and to perform all or any of the functions of the Board under section 18, on such terms and conditions as it may consider fit and expedient:
Provided that the selection of any such private, public or joint sector undertakings shall be by open and competitive bidding, the evaluation being made either on the basis of such criteria as may be laid down clearly in the tender document or by negotiation as the State Government may think fit and proper and may give its approval in writing, stating the reasons therefor.
Explanation.—For the purposes of this sub-section,—
(a) the expression "operate and manage" shall include providing security, lighting of the port, port waters and port approaches, dredging of the navigation channel, observing health and environment norms, and keeping the ports fat and ready in all respects for movement of vessels;
(b) the approval of the State Government shall be necessary both before inviting private, public or joint sector undertakings and the acceptance of the competitive or negotiated bid for such participation;
(c) for the removal-of doubts, it is hereby declared that—
(i) the Board may, with the previous sanction of the State Government, entrust all or any of the works or services to be set up and provided in the port to the selected undertaking, and
(ii) the State Government shall have the power to permit private investment in the creation, operation and management of minor ports and all or any of the facilities related thereto in such manner, and on such terms and conditions, as it may think necessary and expedient in the public interest.
306 The West Bengal Maritime Board Act, 2000.
XXX of 2000.]
(Chapter IV.—Establishment of minor ports and works and services to be provided at minor ports, and functions of Board.—Sections 21, 22.)
(2) So long as the Board is not constituted or does not start functioning, the State Government shall have the power to invite a private, public or joint sector undertaking for setting up, or for management and operation, of a minor port under sub-section (1).