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

Powers of the Board to execute works and provide appliances. —

1. (1) The Board may, subject to any other law for the time being in force, execute such works, within the limits of port and provide such appliances as it may deem necessary or expedient.
2. (2) Such works and appliances may include, —
   • (a) wharves, quays, docks, stages, jetties, piers, place of anchorage and other works within the port or port approaches or on the foreshore of the port or port approaches in the State, 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 stock, sheds, hotels, warehouses and other accommodation for passengers and goods and other appliances for carrying passengers and for conveying, receiving and storing goods landed, or to be shipped or otherwise;
   • (c) moorings and cranes, scales and all other necessary means and appliances for loading and unloading of vessels;
   • (d) reclaiming, excavating, enclosing and raising any part of the foreshore of the port or port approaches which may be necessary for the execution of the works authorised by this Act or otherwise for the purposes of this Act;
   • (e) such breakwaters and other works as may be expedient for the protection of the port;
   • (f) dredgers and other machines for cleaning, widening, deepening and improving any portion of the port approaches or of the foreshore of the port or port approaches;
   • (g) light houses, light ships, beacons, buoys, pilot boats and other appliances necessary for the safe navigation of the port and the port approaches in so far as it relates to State functions;
   • (h) vessels, tugs, boats, barges and launches and lighters for the use within and beyond the limits of the port, whether in territorial waters or otherwise, for the purpose of towing or rendering assistance to any vessel whether entering or leaving the port or bound elsewhere and for the purpose of saving or protecting life or property and for the purpose of landing, shipping or transshipping passengers or goods under section 27;
     • (i) sinking of tube wells and equipment maintenance and use of boats, barges and other appliances for the purpose of supply of water at the port;
   • (j) engines and other appliances necessary for extinguishing of fires;
   • (k) lands abutting the sea coast including creeks;
   • (l) ferry boats and other works and equipment appertaining to the running ferry service at or between the ports;
   • (m) construction of models and plans for carrying out hydraulic studies;
   • (n) dry docks, slipways, boat basins and workshop to carry out repairs or overhauling of vessels, tugs, boats, machinery or other appliances;
   • (o) carrying out hydrographic survey within the port areas and in other areas as decided by the Board, and providing necessary vessels, equipments and facilities for the same;
   • (p) container handling facilities.

Power of the Board to undertake certain works. —

1. (1) The Board may undertake to carry out on behalf of any person any works or services or any class of works or services, on such terms and conditions as may be agreed upon between the Board and the person concerned.
2. (2) The Board may, if it considers necessary or expedient in the public interest so to do, lend any of its vessels or appliances or the services of any of its employees to any person for such period not exceeding three months and on such terms and conditions as may be agreed upon between the Board and the person concerned.

Control over fishing vessels. —

1. (1) Every fishing vessel plying within the non-major ports, including channels and basins thereof, shall be subject to the general control of the Board in the manner as may be prescribed.
2. (2) The Board shall take all possible steps to give warnings of danger that may occur within the jurisdiction of the Board.

Power of Board to order sea-going vessels to use docks, wharves etc. —

1. (1) Subject to the provisions of section 29 of the Customs Act, 1962 (Central Act 52 of 1962), regarding arrival of vessels and aircrafts in India 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 sea-going vessels, the Board may, by notification published in three consecutive issues of the Official Gazette, declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing and shipping or for landing or for shipping goods or passengers from and upon sea-going vessels.
2. (2) As from the date of publication of such notification for the third time, 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 order to come alongside of such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for the purpose of landing and shipping goods or passengers or for landing or for shipping the same, any sea-going 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: 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, wharf, quay, stage, jetty, pier or place of anchorage: Provided further that if the Board is not the Conservator of the Port, the Board shall not itself make the order as aforesaid but shall require the Conservator of the Port or other person exercising the rights, powers and authorities of the Conservator of the Port to make such order.

If accommodation sufficient, all sea-going vessels compelled to use docks, wharves etc. — When sufficient number of docks, berths, wharves, quays, stages, jetties or piers have been provided at any port or port approaches as aforesaid, the Board may, after obtaining the approval and permission of the proper officer envisaged in section 33 of the Customs Act, 1962 (Central Act 52 of 1962) and by notification published in three consecutive issues of the Official Gazette, direct that no goods or passengers shall be landed or shipped from or upon any sea-going vessel within the non-major port or port approaches otherwise than at such docks, berths, wharves, quays, stages, jetties or piers, except with the sanction of the Board and in accordance with such conditions as the Board may specify:

Power to order vessels not to come alongside of, or to be removed from docks, wharves etc Power to order vessels not to come alongside of, or to be removed from docks, wharves etc.—Any officer appointed by the Board in this behalf, may, in case of emergency or for any reason which appears to him sufficient, by notice in writing, order the master or owner or agent of any sea-going 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 as it thinks fit, not exceeding ten thousand rupees for each day of twenty four hours or portion of such day, during which such vessel remains at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage:

Provided that in the case of a vessel ordered to be removed, such charge shall not commence to be made till after the expiry of twelve hours from the service of such notice as aforesaid on the master or owner or agent of the vessel.

Power of Government to exempt vessels from obligation to use wharves, etc.—The 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 certain specified vessels or classes of vessels to discharge or ship goods or certain specified goods or classes of goods at such place in a port or within the port approaches, in such manner, during such period and subject to such payments to the Board and on such conditions as the Government may think fit:

Board to declare when vessels, other than sea-going vessels compelled to use dock, wharves etc Board to declare when vessels, other than sea-going vessels compelled to use dock, wharves etc.—(1) When any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for receiving, landing or shipment of goods or passengers from or upon vessels, not being sea-going vessels has been made and completed with all proper appliances in that behalf, the Board may, after obtaining the approval of the Collector of Customs, by order published in the Official Gazette,—

1. (i) declare that such dock, berth, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing or shipment of goods or passengers from or on vessels not being sea-going vessels; and
2. (ii) direct that within certain limits to be specified therein it shall not be lawful without the express sanction of the Board, to land or ship any goods or passengers, out of or into, any vessel not being sea-going vessel of any class, specified in such order, except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage.

1. (2) As from the date of the publication of the order mentioned in sub-section (1), it shall not be lawful, without the consent of the Board, for any vessel of any such class,—
   • (i) to land or ship any goods or passengers at any place within the limits so specified except such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage;
   • (ii) while within such limits, to anchor, fasten or lie within twelve nautical miles from the sea shore.
2. (3) If after the publication of such order, any such vessel, while within the limits so specified, so anchor, fasten or lie, it shall be lawful for the Board to cause the same to be removed out of the said limits at the expense of the master or owner or agent of the vessel.

Performance of services by the Board or other person.—(1) The Board shall have power to undertake the following services, namely:—

1. (a) stevedoring, landing, shipping or transshipping passengers and goods between vessels in port and the wharves, piers, quays or dock belonging to or in the possession of the Board;
2. (b) subject to the regulations made under sub-section (2) of section 141 of the Customs Act, 1962 (Central Act 52 of 1962), receiving, removing, shifting, transporting, storing or delivering goods brought within the Board’s premises;
3. (c) carrying passengers within the limits of the port or port approaches, by such means and subject to such restrictions and conditions as the Government may think fit to impose; and
4. (d) piloting, hauling, mooring, re-mooring, hooking or measuring of vessels or any other service in respect of vessels.

1. (2) The Board may, if so requested by the owner, take charge of the goods for the purpose of performing the service or services and shall give a receipt in such form as the Board may specify.
2. (3) Notwithstanding anything contained in this section, the Board may authorise any person to perform any of the services mentioned in sub-section (1) on such terms and conditions as may be agreed upon.
3. (4) No person authorised under sub-section (3) shall charge or recover for such service any sum in excess of the amount leviable according to the scale framed under sections 32, 33 or 35 of this Act.
4. (5) Any such person shall, if so required by the owner, perform in respect of the goods any of the services and for that purpose take charge of the goods and give receipt in such form as the Board may specify.
5. (6) The responsibility of any such person for the loss, destruction or deterioration of goods of which he has taken charge shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872 (Central Act 9 of 1872).
6. (7) After any goods have been taken charge of and a receipt given for them under this section, no liability for any loss or damage which may occur to them shall attach to any person to whom a receipt has been given or to the master or owner of the vessel from which the goods have been landed or transshipped.

Responsibility of the Board for loss, etc., of goods.—(1) Subject to the restrictions contained in section 45 of the Customs Act, 1962 (Central Act 52 of 1962), on custody and removal of imported goods the responsibility of the Board for the loss, destruction or deterioration of goods of which it has taken charge shall,—

1. (i) in the case of goods received for carriage by railway, be governed by the provisions of the Railways Act, 1989 (Central Act 24 of 1989); and
2. (ii) in other cases, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872 (Central Act 9 of 1872): Provided that no responsibility under this section shall attach to the Board,—

1. (a) until a receipt mentioned in sub-section (2) of section 31 is given by the Board; and
2. (b) after the expiry of such period as may be provided by the regulations from the date of taking charge of such goods by the Board.

1. (2) The Board shall not be in anyway responsible for the loss, destruction or deterioration of, or damage to, goods of which it has taken charge, unless notice of such loss or damage has been given within thirty days from the date of taking charge of such goods by the Board under sub-section (2) of section 31.

Accommodation to be provided for officers of Customs in wharves, etc., appointed under Customs Act, 1962.—(1) Subject to sub-section (2) of section 141 of the Customs Act, 1962 (Central Act 52 of 1962), where the officer authorised under that Act, for the levy of duties of customs, appointed any such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, warehouse or shed or a portion of any warehouse or shed provided at any port under the provisions of this Act for the use of sea-going vessels to be an approved place for the landing or shipping of goods or a warehouse for the storing of dutiable goods on the first import thereof without payment of duty, within the meaning of the Customs Act, 1962 (Central Act 52 of 1962), the Board shall set apart and maintain such place on or adjoining such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage or in such warehouses or shed or portion thereof, for the use of officers of Customs as may be necessary.

1. (2) Notwithstanding that any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, warehouse or shed or portion thereof at any port has, under the provisions of sub-section (1), been set apart for the use of the officers of Customs at the port, all rates and other charges payable under this Act in respect thereof or for the storage of goods therein, shall be payable to the Board, or to such person or persons as may be appointed by the Board to receive the same.

Power to permit erection of private wharves, etc., within the limits of a port subject to condition.—(1) No person shall make, erect or fix within the limits of a port or port approaches any dock, berth, wharf, quay, stage, jetty, pier, place of anchorage, erection or mooring or undertake any reclamation of foreshore within the said limits except with the previous permission in writing of the Board and subject to such terms and conditions if any, as the Board may specify: Provided that where the previous permission is sought by a Government Department or an undertaking owned or controlled by Government, a decision thereon shall be taken and communicated within sixty days from the date of receipt of such request: Provided further that where the Board fails to communicate the decision taken thereon within the stipulated time, permission shall be deemed to have been granted to the Government Department or undertaking, as the case may be.

1. (2) If any person makes, erects or fixes any wharf, dock, quay, stage, jetty or pier, erection or mooring or undertakes any reclamation of foreshore in contravention of sub-section (1), the Board may, by notice, require such person to remove it within such time as may be specified in the notice and if the person fails to do so, the Board may cause it to be removed at the expense of that person.

Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful.—(1) Where, as a result of an order published under section 26 or section 27 the use of any wharf, dock, berth, quay, stage, jetty, pier or place of anchorage, made, fixed or erected by any person is rendered unlawful, the Board may, after hearing the person concerned by order, close, remove, fill up or destroy such wharf, dock, berth, quay, stage, jetty, pier or place of anchorage or permit the use thereof to such person on payment of such rates and charges as the Board may, with the previous sanction of the Government, determine.

1. (2) Save as otherwise provided under sub-section (3), no person shall be entitled to claim compensation for any injury, damage or loss caused or alleged to have been caused by an order made under sub-section (1).
2. (3) If it is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty, pier or place of anchorage was made, fixed or erected by any person with the previous permission of the authority competent to grant such permission, he shall be paid by the Board compensation, the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,—
   • (a) in computing the compensation, there shall not be taken into account any rates or other charges which such person shall be liable to pay for using any wharf, dock, berth, quay, stage, jetty, pier or place of anchorage, provided by the Board;
   • (b) the amount of compensation shall be calculated with reference to the cost of construction of such wharf, dock, berth, quay, stage, jetty, pier or place of anchorage;
   • (c) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
   • (d) where no such agreement can be reached, the Government shall appoint an Arbitrator, a person who is, or has been, or is qualified for appointment as a Judge of High Court;
   • (e) the Government may, in any particular case, nominate a person possessing special knowledge of any matter relating to any case under inquiry to assist the Arbitrator in determining any question which has to be decided by him under this section, and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;
   • (f) at the commencement of the proceeding before the Arbitrator, the Board and the person to be compensated shall state what in their respective opinion is a fair amount of compensation;
   • (g) the Arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persons to whom such compensation shall be paid;
   • (h) where there is a dispute as to the person or persons who are entitled to the compensation, the Arbitrator shall decide such dispute and if the Arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof among such persons.