Chapter XII MISCELLANEOUS

Constitution of State Ports Consultative Committee.—

1. (1) The Government may, by notification, 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 Government may appoint from amongst persons who are, in the opinion of the Government, capable of representing the interests of the Chamber of Commerce, Shipping, Sailing, Vessels, Customs, Railways, Road Transport, Labour, Communications, Manufacturers of Marine Products, Operators of Ports, Fisheries and Industries, so however that, there shall be at least one member from each of the aforesaid interests.
2. (2) The Vice Chairman of the Board shall be the ex-officio Chairman of the Committee.
3. (3) Such officer of the Board as the Government may appoint in this behalf shall act as the Secretary to the Committee.
4. (4) The Committee constituted under sub-section (1) shall have the following functions, namely:—
   • (a) to advise the Board on all general questions pertaining to the non-major ports;
   • (b) to advise the Board in respect of any scheme pertaining to the development of any non-major port;
   • (c) to review the administration of non-major 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 non-major ports;
   • (e) to make suo-motu recommendation to the Board in regard to any matter relating to administration of the non-major ports;
   • (f) to report to the Board on such matters as may be referred to it either by the Government or the Board for its opinion.
5. (5) The Government may by rules provide for,—
   • (a) the calling of the meetings of the Committee and the procedure of meetings;
   • (b) quorum of the Committee;
   • (c) duties of the Secretary of the Committee;
   • (d) term of office of persons appointed to be the members of the Committee, travelling allowance and daily allowance to the members of the Committee and rates, thereof.
6. (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 Government.

Local Advisory Committee.—

1. (1) The 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. (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 Government may, by general or special order in this behalf, specify or when required by the regulation so to do.
3. (3) The Port Officer appointed under the Indian Ports Act, 1908 (Central Act 15 of 1908) shall be the ex-officio Chairman of a Local Advisory Committee.
4. (4) The Local Advisory Committee shall meet at such intervals as may be prescribed and for the transaction of urgent business on such other occasions as the Chairman of the Board may require.
5. (5) The number of the members necessary to constitute a quorum at a meeting of a Local Advisory Committee shall be such as the Government may specify.
6. (6) The recommendations of the Local Advisory Committee may be placed before the next Board meeting.

Limitation of proceedings in respect of things done under this Act.—No suit or other proceedings shall be commenced against the Board or any member or employee 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 to such member or employee stating the cause of action or after six months after the accrual of the cause of action.

Protection of acts done in good faith.—No suit or other legal proceedings shall lie against the Board or any member or employee thereof in respect of 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.

Power to make rules.—

1. (1) The Government may, by notification, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing powers, such rule may be made for all or any of the following matters, namely:—
   • (a) the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 13;
   • (b) the form and manner of executing contracts under section 22;
   • (c) the terms and conditions on which the Board with the previous sanction of the Government may raise loans under sub-section (1) of section 53;
   • (d) the terms and conditions of appointment of persons as member of a Local Advisory Committee under sub-section (1) of section 103; and
   • (e) any other matter which is to be or may be prescribed by rules.
3. (3) All rules made under this Act shall be subject to the condition of previous publication: Provided that if the Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with previous publication of any rule to be made under this section.
4. (4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to make regulations.—The Board may, with the previous approval of the Government, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act and without prejudice to the generality of this power, such regulations may provide for all or any of following matters, namely:—

1. (a) the time and place 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 the quorum at such meetings;
2. (b) the appointment, promotion, suspension, removal and dismissal of its officers and employees;
3. (c) leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances of the officers and employees, the establishment and maintenance of a provident fund or any other fund for their welfare;
4. (d) the time within which and the manner in which appeals may be preferred under sub-section (2) of section 15 and the procedure for deciding such appeals;
5. (e) the terms and conditions of service of persons who become employees of the Board under clause (f) of section 16;
6. (f) any other matter which is incidental to or necessary for the purpose of regulating the appointment and conditions of service of its employees;
7. (g) the form of receipt to be given under sub-section (2) of section 31;
8. (h) the period within which notice may be given under sub-section (2) of section 32;
   • (i) 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;
9. (j) the reception, porterage, storage and removal of goods brought within the premises 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;
10. (k) 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;
11. (l) the mode of payment of rates leviable by the Board under this Act;
12. (m) 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;
13. (n) 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;
14. (o) regulating the lighterage of cargo between ships or between ships and shore or between shore and ships;
15. (p) the exclusion from the premises of the Board of disorderly or other undesirable persons and of trespassers;
16. (q) ensuring the safety of the port;
17. (r) generally for the efficient and proper administration of the ports; the person, if any, authorized to sign and the mode of affixing the corporate seal and of attestation of documents relating to securities issued or to be issued by the Board;
18. (t) the manner in which payment of interest in respect of such securities to be made, recorded and acknowledged;
19. (u) the circumstances and the manner in which securities may be renewed;
    • (v) the circumstances in which such securities must be renewed before further payment of interest thereon can be claimed;
20. (w) the form in which such securities delivered for renewal, conversion, consolidation or sub-division are to be receipted;
    • (x) the proof which is to be produced by a person applying for duplicate securities;
21. (y) the form and manner of publication of the notification mentioned in sub-section (2) of section 58 and the manner of publication of the list mentioned in sub-section (3) of that section;
22. (z) the nature and amount of indemnity to be given by a person applying for the payment of interest on the securities alleged to have been wholly or partly lost, stolen or destroyed, or for the issue of duplicate Securities;
23. (za) the conditions subject to which securities may be converted, consolidated or sub-divided;
24. (zb) the amount for which stock certificate may be issued;
25. (zc) generally all matters connected with the grant of duplicate, renewal, conversion, consolidation and sub-division of securities;
26. (zd) the fees to be paid in respect of the issue of duplicate securities and of the renewal, conversion, consolidation and sub-division of securities;
27. (ze) the fees to be levied in respect of the issue of stock certificate;
28. (zf) any other matter, which is to be, or may be, provided by regulations.

Provisions with respect to regulations.—

1. (1) No regulation made by the Board under this Act shall have effect until the same has been published by the Board in the Official Gazette.
2. (2) Any regulation made under this Act, may provide that a breach thereof shall, on conviction, 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 during which such breach continues.
3. (3) Every regulation made under this Act, shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions.

Power of Government to direct to make regulations.—

1. (1) Whenever the Government considers necessary in the public interest so to do, it may, by order in writing thereof, direct the Board to make any regulations for all or any of the matters specified in section 107 or to amend any regulation, within such period as the Government may specify in this behalf: Provided that the Government may extend the period specified by it by such further period or periods as it may consider necessary.
2. (2) If the Board, 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 Government may think fit:

Power of Government to make first regulations Power of Government to make first regulations.—Notwithstanding anything contained in this Act, the first regulations under this Act shall be made by the Government by notification.

Posting of certain regulations etc.—The text of the regulations made under clause (a) to (r) of section 107 and the scale of rate framed together with a statement of conditions framed by the Board under chapter VII shall be prominently posted by the Board in Malayalam and English and in regional languages on special boards to be maintained for the purpose at the wharves, docks, piers and other convenient places on the premises of the Board.

Saving of right of Central Government and Local Self Government Institutions to use wharves, etc., for collection of duties and power of Customs Officers.—Nothing in this Act shall affect,—

1. (i) the right of the Central Government to collect customs duties or of any Local Self Government Institution to collect duties at any dock, berth, wharf, quay, stage, jetty or pier in the possession of the Board; or
2. (ii) any power or authority vested in the customs authorities under any law for the time being in force.

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

Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the 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 after the expiry of a period of two years from the date of commencement of this Act.

1. (2) Every order made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly.