Chapter XI MISCELLANEOUS

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 by rules.
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 the Government may, by general or special order in this behalf, specify or when required by the regulations so to do.
3. (3) The Port Officer, appointed under the Indian Ports Act, 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 by rules and for the transaction of urgent business on such other occasions as the Chairman of the Board may require.
5. (5) The number of members necessary to constitute a quorum at a meeting of any Local Advisory Committee shall be, as the Government when constituting the Committee may specify.

No suit or other proceeding 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.

No suit or other legal proceeding 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.

1. (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rule 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 committees for attending meetings of the Board or its committee or for attending any work of the Board, under section 12;
   • (b) the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 17;
   • (c) the form and manner of executing contracts under section 24;
   • (d) the terms and conditions on which the Board with the previous sanction of the Government, may raise loans under sub-section (1) of section 54;
   • (e) the terms and conditions of appointment of persons as member of a Local Advisory Committee under sub-section (1) of section 104; and
   • (f) any other matter which is to be or may be prescribed by rules.
3. (3) All rules made tinder 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 each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, 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 or omitted to be done under that rule.

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 the following matters, namely :-

1. (1) 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 a quorum at such meetings;
2. (2) the appointment, promotion, suspension, removal and dismissal of its officers and employees;
3. (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 of any other fund for their welfare;
4. (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. (5) the terms and conditions of service of persons who become employees of the Board under clause (f) of section 20;
6. (6) any other matter which is incidental to, or necessary for, the purpose of regulating the appointment and conditions of service of its employees;
7. (7) the form of receipt to be given under sub-section (2) of section 32;
8. (8) the period within which notice may be given under sub-section (2) of section 33;
9. (9) the guidance of persons employed by the Board under this Act;
10. (10) 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;
11. (11) 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;
12. (12) keeping clean the port, river or basins or the bank of the river and the work of the Board, and for preventing filth or rubbish being thrown therein or thereon;
13. (13) the mode of payment of rates leviable by the Board under this Act;
14. (14) 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;
15. (15) 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;
16. (16) regulating the lighterage of cargo between ships or between ships and shore or between shore and ships ;
17. (17) the exclusion from the premises of the Board of disorderly or other undesirable persons and of trespassers;
18. (18) ensuring the safety of the port;
19. (19) generally for the efficient and proper administration of the ports;
20. (20) 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;
21. (21) the manner in which payment of interest in respect of such Board Securities to be made, recorded and acknowledged;
22. (22) the circumstances and the manner in which Board Securities may be renewed;
23. (23) the circumstances in which such securities must be renewed before further payment of interest thereon can be claimed;
24. (24) the form in which such securities delivered for renewal, conversion, consolidation or sub-division are to be receipted;
25. (25) the proof which is to be produced by a person applying for duplicate securities;
26. (26) 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;
27. (27) the nature and amount of indemnity to be given by a person applying for the payment of interest on the Board Securities alleged to have been wholly or partly lost, stolen or destroyed, or for the issue of duplicate Board Securities;
28. (28) the conditions subject to which Board Securities may be converted, consolidated or sub-divided;
29. (29) the amounts for which stock certificate may be issued;
30. (30) generally all matters connected with grant of duplicate, renewal, conversion, consolidation and sub-division of securities;
31. (31) 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;
32. (32) the fees to be levied in respect of the issue of stock certificate;
33. (33) any other matter, which is to be, or may be, prescribed by regulations;

1. (1) No regulation made by the Road 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.

1. (1) Whenever the Government considers necessary in the public interest so to do, it may, by order in writing therefor, direct the Board to make any regulations for all or any of the matters specified in section 108 or to amend any regulations, within such period as the State 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: Provided that, before so making or amending the regulations the Government shall consider any objections or suggestion made by the Board within the said period.
3. (3) Where in pursuance of sub-section (2) any regulations have been made or amended, the regulations so made or amended shall be published by the Government in the Official Gazette and shall thereupon have effect accordingly.

Notwithstanding anything contained in this Act, the first regulations under this Act shall be made by the 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 108 and the scale of rates framed together with a statement of conditions framed by the Board under Chapter VI shall be prominently posted by the Board in Marathi and English on special boards to be maintained for the purpose at the wharves, docks, piers and other convenient places on the premises of the Board.

Nothing in this Act shall affect,-

1. (1) the right of the Central Government to collect customs duties or of any municipality to collect town duties at any dock, berth, wharf, quay, stage, jetty or pier in the possession of the Board, or
2. (2) any power or 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.

If any difficulty arises in giving effect 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 after the expiry of a period of two years from the date of commencement of this Act.

Section 5A of the Indian Ports Act, 1908 (15 of 1908), inserted therein in its application to the State of Maharashtra, shall stand deleted.

On applications of this Act to any minor port, the Bombay Landing and Wharfage Fees Act, 1882 (Bom. VII of 1882), shall stand repealed in relation to that port: Provided that, such repeal shall not affect,-

1. (a) the previous operation of the Act so repealed, or anything duly done or suffered thereunder;
2. (b) any right, privilege, obligation or liability acquired, accrued and incurred under the Act, so repealed;
3. (c) any penalty, forfeiture, or punishment incurred in respect of any offence committed under the Act, so repealed; or
4. (d) any investigation, legal proceedings, 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 enacted: 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.

1. (1) The Maharashtra Maritime Board Ordinance, 1996 (Mah. Ord. XVI of 1996) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken, as the case may be, and under the corresponding provisions of this Act.