Chapter XI MISCELLANEOUS

(1) The State Government may, by notification in the Official Gazette, constitute a State Ports Consultative Committee consisting of members of the Board and such other persons, being not less than ten and not more than twenty as the State Government may appoint from amongst persons who are, in the opinion of the State Government, capable of representing the interest of the Chamber of Commerce, Shipping, Sailing, Vessels, Customs Railways, Road Transport, Labour, Communications, Fisheries and Industries, so however that, there shall be atleast one member from each of the aforesaid interests. (2) The Chairman of the Board shall be the Ex-Officio Chairman of the Committee. (3) Such officer of the Board as the State Government may appoint in this behalf shall act as Secretary to the Committee. (4) The functions of the Committee as so constituted shall be as under :- (a) to advice the Board on all general questions pertaining to the minor ports; (b) to advice the Board in respect of any scheme pertaining to development of any minor port; (c) to review the administration of minor ports and to suggest ways and means of improving their work; (d) to suggest ways and means to remove any difficulty experienced by the Board in its administration of minor ports; (e) to make suo-motu recommendation to the Board in regard to any matter to ad ministration of the minor ports; (f) to report to the State Government or as the case may be the Board on such matter as may be referred to it either by the State Government or the Board for its opinion. (5) The State Government may by general or special order provide for,- (a) the calling of the meeting of the Committee and the procedure of meetings; (b) duties of the Secretary of the committee; (c) the term of the office of persons appointed to be the members of the committee to represent any of the aforesaid interests, travelling allowance and daily allowance to the Committee and rate thereof. (6) Any person appointed to the Committee to represent any of the aforesaid interest may resign from the membership by tendering his resignation in writing to the Chairman and the resignation shall take effect from the date on which it is received by the Chairman who shall give intimation of the vacancy to the State Government.

(1) The State Government may from time to time constitute for such ports as it may determine Local Advisory Committees, consisting of such number of persons as it may think fit in each case and on such terms and conditions as may be prescribed. (2) The Board may, if it thinks fit, consult the Local Advisory Committee concerned on any business coming before it, and shall do so in respect of such business as the State Government may, by general or special order in this behalf, specify or when required by the regulation so to do. (3) The Regional Port Officer shall be the ex-officio Chairman of a Local Advisory Committee. (4) Local Advisory Committees shall meet at such interavals as may be prescribed, and for the transaction of urgent business on such other occasions as the Chairman of the Board may require. (5) The number of members necessary to constitute a quorum at a meeting of a Local Advisory Committee shall as the State Government when constituting the Commit tee may specify.

No suit or other proceeding shall be commenced against the Board or any member or officer or employe thereof for anything done, or purporting to have been done in pursuance of this Act until the expiration of one month after notice in writing has been given to the Board or him stating the cause of action, or after six months after the accrual of the cause of action.

No suit or other legal proceeding shall lie against the Board or any member or officer or employee thereof in respect to anything which is in good faith done or intended to be done under-this Act or any rule or regulation made thereunder, or for any damage sustained by any vessel in consequence of any defect in any of the mooring, hawsers or other things belonging to or under the control of the Board.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made, for all or any of the following matters, namely :-

(a) fees and allowances payable to the members of the Board or any of its commit tees for attending meetings of the Board or its committee or for attending any work of the Board, under section 12;

(aa) the terms and conditions of service of the Chief Executive Officer under subsection (1) of section 17 ;

(b) the mode of executing contracts under section 24;

(c) factors to be taken into consideration for determining fair and reasonable compensation under sub-section (3) of section 36;

(d) the terms and conditions of appointment of persons as member of a Local Advisory Committee under sub-section (1) of section 106; and

(e) any other matter which is to be or may be prescribed by rules.

(3) The power to make rules conferred by this section is subject to the condition of the rules being made after the previous publication :

Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispence with previous publication of any rule to be made under this section.

(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

The Board may make regulations not inconsistent with this Act and the rules with respect to all or any of the following matters, namely: -

(1) the time and places of the meetings of the Board or its committees, the procedure to be followed for the transaction of business at such meetings and the number of members necessary to constitute a quorum at such meetings;

(2) the appointment, promotion, suspension, removal and dismissal of its officers and employees;

(3) leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances of the officers and employees and the establishment and maintenance of a provident fund or any other fund for their welfare;

(4) the time within which and manner in which appeals may be preferred under sub-section (2) of section 19 and the procedure for deciding such appeals;

(5) the terms and conditions of service of persons who become employees of the Board under clause (f) of sub-section (1) of section 20;

(6) any other matter which is incidental to, or necessary for, the purpose of regulating the appointment and conditions of service of its officers and employees;

(7) the form of receipt to be given under sub-section (2) of section 32;

(8) the period within which notice may be given under sub-section(2) of section 33;

(9) the factors to be taken into consideration in respect of payment of fair and reasonable compensation, under sub-section (3) of section 36;

(10) the guidance of persons employed by the Board under this Act;

(11) the safe, efficient and convenient use, management and control of the docks, wharves, quays, jetties, buildings and other works constructed or acquired by, or vested in, the Board, or of any land or foreshore acquired by, or vested in, the Board under this Act;

(12) the reception, porterage, storage and removel of goods brought within the pre mises of the Board, for the exclusive conduct of these operations by the Board or persons employed by the Board, and for declaring the procedure to be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged;

(13) keeping clean the port, river or basins or the bank of the river and the works of the Board, and for preventing filth or rubbish being thrown therein or thereon;

(14) the mode of payment of rates leviable by the Board under this Act;

(15) regulating, declaring and defining the docks, wharves, quays, jetties, stages and piers vested in the Board on which goods shall be landed from vessels and shipped on board vessels;

(16) regulating the manner in which and the conditions under which, the loading and unloading of all vessels within the port or port approaches shall be carried out;

(17) regulating the lighterage of cargo between ships or between ships and shore or between shore and ships;

(18) the exclusion from the premises of the Board of disorderly or other undesirable persons and of trespassers;

(19) ensuring the safety of the port;

(20) generally for the efficient and proper administration of the ports;

(21) the person, if any, authorised to sign and the mode of affixing the corporate seal and of attestation of documents relating to Board securities issued ,or to, be issued by the Board;

(22) the manner in which payment of interest in respect of such Board securities is to be made, recorded and acknowledged;

(23) the circumstances and the manner in which Board securities may be renewed;

(24) the circumstances in which such securities must be renewed before further payment of interest thereon can be claimed;

(25) the form in which such securities delivered for renewal, conversion, Consolidation or sub-division are to be receipted;

(26) the proof which is to be produced by a person applying for duplicate securities;

(27) the form and manner of publication of the notification mentioned in sub-section (2) of section 61 and the manner of publication of the list mentioned in sub-section (3) of that section;

(28) the nature and amount of indemnity to be given by a person applying for the payment of interest in the Board securities alleged to have been wholly or partly lost, stolen or destroyed, or for the issue of duplicate Board securities;

(29) the conditions subject to which Board securities may be converted, consolidated or sub-divided;

(30) the amounts for which stock certificate may be issued;

(31) generally all matters connected with a grant of duplicate, renewed, converted, consolidated and sub-divided securities;

(32) the fees to be paid in respect of the issue of duplicate securities and of the renewal, conversion, consolidation and sub-division of Board securities;

(33) the fees to be levied in respect of the issue of stock certificate.

(1) No regulation made by the Board under this shall have effect until the same has been published by the Board in the Official Gazette with the previous approval of the State Government.

(2) Any regulation made under this Act may provide that a breach thereof shall be punishable with fine which may extend to two hundred rupees and where the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which such breach continues.

(1) Whenever the State Government considers necessary in the public interest so to do, it may by order in writing toghter with a statement of reasons therefore, direct the Board to make any regulation for all or any of the matter specified in section 110 or to amend and regulations, within such period as the State Government may specify in this behalf:

Provided that the State Government may extend the period specified by it by such period or Periods as it may consider necessary.

(2) If the Board, to whom a direction is issued by the State Government under sub section (1) fails or neglects to comply with such directions within the period allowed under sub-section (1), the Government may make the regulations or amend the regulations, as the case may be, either in the form specified in the direction or with such modification thereof as the State Government may think fit:

Provided that before so making or amending the regulations the State Government shall consider any objection or suggestion made by the Board within the said period.

(3) Where in pursuance of sub-section (2) any regulation have been made or

Notwithstanding anything contained in this Act, the first regulations under this shall be made by the State Government and shall have effect on being published in the Official Gazette.

The text of the regulations made under clauses (10) to (19) of section 110 and the scale of rates together with a statement of conditions framed by the Board under Chapter VI shall be prominently posted by the Board in English and in Gujarati on special boards to be maintained for the purposes at the wharves, docks, berth piers and other convenient place on the premises of the Board.

Nothing in this Act shall affect— (1) the right of the central Government to collect customs, duties or of any municipality to collect town duties at any dock, wharf, quay, stage, jetty or pier in the possession of the Board, or (2) any power of authority vested in the customs authorities under any law for the time being in force.

The provisions of this Act shall also apply to all air crafts making use of any port while on water in the same manner as they apply in relation to vessels.

(1) If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enactment repealed by this Act to the provisions of this Act the State Government may, by general or special order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made in respect of a minor port after the expiry of a period of two yeras from the appointed day. (2) Every order made under sub-section (1) shall as soon as may be after it made, be laid before the State Legislature.

On the application of this Act to any minor port, the Bombay Landing and Wharfage Fees Act, 1882, shall stand repealed in relation to that port: Provided that such repeal shall not affect-- (a) the previous operation of the Act so repealed, or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued and incurred under the Act, so repealed; (c) any penalty, forfeiture, or punishment incurred in respect of any offence committed under the Act so repealed; or (d) any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture and punishment may be imposed, as if this Act had not been passed: Provided further that, subject to the preceding proviso, anything done or any action taken under the repealed Act, shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.