Vidhi Codex

The Kerala Maritime Board Act, 2017

The Kerala Maritime Board Act, 2017

Infrastructure2017114 sections12 chapters

This Act sets up the Kerala Maritime Board to develop and manage the State's non-major ports. The ports and related undertakings of the Government are transferred to the Board, along with their employees and provident funds. The Act sets out the Board's composition, meetings, committees, and its Chief Executive Officer and other officers.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II ESTABLISHMENT OF KERALA MARITIME BOARD →

  1. 3Establishment of Kerala Maritime Board
  2. 4Absence of Chairman
  3. 5Meeting of the Board
  4. 6Committees of the Board
  5. 7Defects in appointment not to invalidate acts, etc
  6. 8Delegation of powers
  7. 9Duties of the Chairman, the Vice Chairman and the Chief Executive Officer

Chapter III VESTING AND TRANSFER OF UNDERTAKINGS →

  1. 10Undertakings to vest in Government
  2. 11Transfer of undertakings to the Board
  3. 12Transfer of existing employees, Provident Fund etc

Chapter IV STAFF OF THE BOARD →

  1. 13Chief Executive Officer of the Board
  2. 14Controller of Finance and Accounts, officers and employees of the Board
  3. 15Power to grant leave, etc. to employees of the Board

Chapter V PROPERTY AND CONTRACTS →

  1. 16Transfer of assets and liabilities of Government to the Board
  2. 17Transfer of employees of the port offices and the Directorate of Ports to the Board
  3. 18Transfer of accumulation in provident fund and other like funds
  4. 19Existing rates etc., to continue until altered by the Board
  5. 20Repayment of capital with interest
  6. 21Procedure when land cannot be acquired by agreement
  7. 22Contracts by the Board

Chapter VI WORKS AND SERVICES TO BE PROVIDED AT NON-MAJOR PORTS BY THE BOARD →

  1. 23Powers of the Board to execute works and provide appliances
  2. 24Power of the Board to undertake certain works
  3. 25Control over fishing vessels
  4. 26Power of Board to order sea-going vessels to use docks, wharves etc
  5. 27If accommodation sufficient, all sea-going vessels compelled to use docks, wharves etc
  6. 28Power to order vessels not to come alongside of, or to be removed from docks, wharves etc.
  7. 29Power of Government to exempt vessels from obligation to use wharves, etc
  8. 30Board to declare when vessels, other than sea-going vessels compelled to use dock, wharves etc.
  9. 31Performance of services by the Board or other person
  10. 32Responsibility of the Board for loss, etc., of goods
  11. 33Accommodation to be provided for officers of Customs in wharves, etc., appointed under Customs Act, 1962
  12. 34Power to permit erection of private wharves, etc., within the limits of a port subject to condition
  13. 35Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful

Chapter VII IMPOSITION AND RECOVERY OF RATES AT PORTS →

  1. 36Scales of rates for services performed by the Board or other person
  2. 37Scales of rates and statement of conditions for use of property belonging to the Board
  3. 38Consolidated rates of combination of services
  4. 39Power to levy concessional rates in certain cases
  5. 40Prior sanction of Government to rates and conditions
  6. 41Power of Government to require modification or cancellation of rates
  7. 42Remission of rates of charges
  8. 43Refund of excess charges
  9. 44Notice of payment charges short levied or erroneously refunded
  10. 45Time for payment of rates on goods
  11. 46Board's lien for rates
  12. 47Ship owner's lien for freight and other charges
  13. 48Sale of goods
  14. 49Disposal of goods not removed from premises of Board within the time limit
  15. 50Application of sale proceeds
  16. 51Recovery of rates and charges by distraint of vessel
  17. 52Grant of port clearance after payment of rates, realisation of damages etc.

Chapter VIII BORROWING POWERS OF BOARD →

  1. 53Power to raise loans
  2. 54Securities
  3. 55Endorsement of a security
  4. 56Liability of endorser of security
  5. 57Impression of signature on securities
  6. 58Issue of duplicate security
  7. 59Conversion of securities
  8. 60Discharge in certain cases
  9. 61Security for loans taken by the Board
  10. 62Remedies of Government in respect of loans made to the Board
  11. 63Power of the Board to repay loans before due date
  12. 64Establishment of sinking fund
  13. 65Investment and application of sinking fund
  14. 66Annual examination of sinking fund
  15. 67Power of the Board to take temporary loans or overdrafts
  16. 68Power of the Board to borrow money from International Bank for Reconstruction and Development or from other foreign institutions

Chapter IX REVENUE AND EXPENDITURE →

  1. 69General Fund of the Board
  2. 70Application of amounts in General Fund
  3. 71Power to transfer amounts from General Fund to specified account and vice-versa
  4. 72Establishment of Reserve Funds
  5. 73Power to reserve Maritime Board securities for Board's own investments
  6. 74Prior sanction of Government to charge expenditure to capital
  7. 75Works requiring sanction of the Board or Government
  8. 76Power of Chief Executive Officer to direct execution of work
  9. 77Power of Board to compound or compromise claims
  10. 78Writing off loss
  11. 79Power etc., of Board as Conservator
  12. 80Budget estimates
  13. 81Preparation of supplementary estimates
  14. 82Reappropriation of amount in estimates
  15. 83Adherence to estimate except in emergency
  16. 84Accounts and audits
  17. 85Publication of audit report
  18. 86Board to remedy defects and irregularities pointed out in audit report
  19. 87Government to decide difference between Board and Auditors

Chapter X SUPERVISION AND CONTROL OF GOVERNMENT →

  1. 88Administration report
  2. 89Submission of statement of income and expenditure to Government
  3. 90Power of Government to supersede the Board
  4. 91Directions by Government
  5. 92Declaring of port limits

Chapter XI PENALTIES →

  1. 93Persons employed under this Act to be public servants for certain purposes
  2. 94Penalty for contravention of sections 26, 27, 28 and 30
  3. 95Penalty for setting up wharves, quay, etc., without permission
  4. 96Penalty for evading rates, etc
  5. 97Recovery of value of damage to property of Board
  6. 98Member or employee of the Board not to acquire share or interest
  7. 99Other offences
  8. 100Cognizance of offences
  9. 101Offences by Companies, Body corporates and Co-operative Societies

Chapter XII MISCELLANEOUS →

  1. 102Constitution of State Ports Consultative Committee
  2. 103Local Advisory Committee
  3. 104Limitation of proceedings in respect of things done under this Act
  4. 105Protection of acts done in good faith
  5. 106Power to make rules
  6. 107Power to make regulations
  7. 108Provisions with respect to regulations
  8. 109Power of Government to direct to make regulations
  9. 110Power of Government to make first regulations
  10. 111Posting of certain regulations etc
  11. 112Saving of right of Central Government and Local Self Government Institutions to use wharves, etc., for collection of duties and power of Customs Officers
  12. 113Application of provisions of this Act to aircraft
  13. 114Power to remove difficulties

PDF: pending for this language.