(1) When any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, erected at any port or port approaches under the provisions of this Act, has been completed with sufficient warehouses, sheds and appliances for receiving, landing or shipping goods or passengers from and upon seagoing vessels, the Board may, after obtaining the approval of the Collector of Customs and by two consecutive notifications, declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing, or shipping goods or passengers from and upon seagoing vessels.
(2) With effect from the date of the publication of the notification for the second time under sub-section (1), it shall be lawful for the Board from time to time, when there is room at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, to make an order directing any seagoing vessel within the port or port approaches, which has not commenced to discharge goods or passengers or which being about to take in goods or passengers has not commenced to do so, to come alongside of such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for the purpose of discharging goods or passengers or for taking in goods or passengers, as the case may be:
310 The West Bengal Maritime Board Act, 2000.
XXX of 2000.]
(Chapter W.—Powers and responsibilities of Board in relation to the use of ports.—Sections 32-34.)
Provided that before making such order, the Board shall have regard as far as possible to the convenience of such vessel and of the shippers in respect of the use of any particular dock, berth, whaf, quay, stage, jetty, pier or place of anchorage:
Provided further that if the Board is not the Conservator, the Board shall not itself make the order as aforesaid but shall require the Conservator or any other person exercising the rights, powers and authorities of the Conservator to make such order.
32. When a sufficient number of docks, berths, wharves, quays, stages, jetties, piers or places of anchorage have been provided at any port or port approaches as aforesaid, the Board may, after obtaining the approval of the Collector or Customs and by two consecutive notifications, direct that no goods or passengers shall be landed or shipped from or upon any seagoing vessel within the minor port or port approaches otherwise than at such docks, berths, wharves, quays, stages, jetties, piers or places of anchorage, except with the sanction of the Board and in accordance with such conditions as the Board may specify.
33. Any officer appointed by the Board in this behalf, may, in the case of emergency or for any other reason which appears to him sufficient, by notice in writing, direct the master, or the owner, or the agent, of any seagoing vessel not to bring such vessel alongside of, or to remove such vessel from, any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage belonging to, or under the control of the Board, and, if such notice is not complied with, the Board may charge in respect of such vessel such sum, not exceeding one thousand rupees, as it thinks fit for each day of twenty-four hours or portion of such day during which such vessel remains at such dock, bearth, wharf, quay, stage, jetty, pier or place of anchorage:
Provided that in the case of a vessel directed to be removed, no such charge shall be made till after the expiry of twelve hours from the service of such notice as aforesaid on the master or the owner or the agent, as the case may be, of the vessel.
34. Notwithstanding anything contained in the foregoing provisions of this chapter, the State Government may, if, in its opinion, it is necessary in the public interest so to do, by general or special order from time to time, permit such vessels or classes of vessels to discharge or ship such goods or classes of goods at such place in a port or within the port approaches, in such manner, during such period, subject to such payments to the Board, and on such conditions, as the State Government may specify in the order.
Seagoing vessels compelled to land at, or ship from, the docks, wharves, etc.
Seagoing vessels not to be brought alongside of, or removed from, dock, berth, wharf, quay, stage, jetty, pier or place of anchorage.
Power of State Government to exempt vessels from obligation to use wharves etc.
311 The West Bengal Maritime Board Act, 2000.
[West Ben. Act (Chapter VL—Powers and responsibilities of Board in relation to the use of ports.—Sections 35, 36.)
Board to declare when vessels, other than seagoing vessels, to be compelled to use docks, wharves, etc.
Performance of services by Board or other persons.