The Odisha Port Trust Act, 1962

The Odisha Port Trust Act, 1962

Infrastructure1962120 sections

The Orissa Port Trust Act, 1962 provides the legal framework for establishing and governing a Board of Trustees to oversee non-major ports across the State of Orissa. It applies to port authorities, vessel owners, maritime workers, traders, and cargo handlers operating within port limits. The legislation empowers these port trusts to manage port property, construct and maintain maritime infrastructure such as docks and wharves, collect tariffs, enforce safety regulations, and provide essential marine services like pilotage. By decentralizing port administration under state oversight, the Act ensures organized maritime trade, efficient cargo movement, economic growth, and proper maintenance of coastal ports.

  1. 1. Short title, extent and commencement
  2. 2. Definitions
  3. 3. Establishment and incorporation of the Board
  4. 4. Composition of the Board
  5. 5. Term of office
  6. 6. Constitution of first Board and filling up a casual vacancy
  7. 7. Temporary absence of Trustees
  8. 8. Disqualification for office of Trustee
  9. 9. Remuneration and other conditions of service of Chairman and Vice-Chairman
  10. 10. Fees payable to Chairman, Vice-chairman and other Trustees
  11. 11. Meetings of the Board
  12. 12. Minutes of proceedings and authentication of orders and decision of Board
  13. 13. Constitution and conduct of business of Standing Committees
  14. 14. Restriction on power of Trustees to vote or discuss matters in which they are interested
  15. 15. Validation of acts and proceedings
  16. 16. Delegation of powers to the Chairman
  17. 17. Duties of Chairman
  18. 18. Schedule of Board's Staff
  19. 19. Disqualification for appointment as Officer or Servant
  20. 20. Power to make regulations
  21. 21. Power to appoint, grant leave or promotion to officers and servants
  22. 22. Power to dispense with services and to permit retirement in certain cases
  23. 23. All property of the Board
  24. 24. Power to acquire, hold or alienate property
  25. 25. Application of Land Acquisition Act, 1894
  26. 26. Bar to acquire right or claim to property in the port
  27. 27. Contracts by the Board
  28. 28. Works and appliances
  29. 29. Wharves, etc., when to be ready for receiving goods
  30. 30. Accommodation supplied to be used for landing and shipping
  31. 31. Power to order vessels not to come alongside of wharves, etc.
  32. 32. Government power to permit vessels to use private wharves, etc., and to land Government vessels
  33. 33. Power to order survey of any work
  34. 34. Power of Government to restore or complete works at the cost of the Board
  35. 35. Performance of services by the Board
  36. 36. Obligation to render services required by goods owner
  37. 37. Responsibility for loss, etc., of goods
  38. 38. Relinquishment of services subject to control of Government
  39. 39. Performance of services by persons to whom the services have been relinquished by the Board
  40. 40. Constitution of Port Trust Fund
  41. 41. Payment to State Bank of India
  42. 42. Application of the Fund
  43. 43. Emergency expenditure
  44. 44. Reserve Fund
  45. 45. Charge to capital account
  46. 46. Works and contracts to have prior sanction of Government
  47. 47. Submission of budget estimate
  48. 48. Budget estimate to be circulated to trustees
  49. 49. Adoption of budget estimate
  50. 50. Submission of budget to Government
  51. 51. Supplementary estimates
  52. 52. Restriction of expenditure to budget grant
  53. 53. Board's power to spend beyond approved estimates
  54. 54. Auditors
  55. 55. Audit Report
  56. 56. Power to borrow
  57. 57. Period within which loans to be repaid
  58. 58. Port Trust Securities
  59. 59. Indian Securities Act, 1920 to apply to Port Trust Securities
  60. 60. Power to make regulations
  61. 61. Security for loans
  62. 62. Remedies of Government in respect of loans made to Board
  63. 63. Power to repay loan before due date
  64. 64. Establishment of sinking fund
  65. 65. Investment and application of sinking fund
  66. 66. Examination of sinking fund
  67. 67. Interest payments and other payments
  68. 68. Power to borrow under Local Authorities Loans Act, 1914
  69. 69. Dues leviable under the Odisha Port Regulation, 1937 to continue
  70. 70. Scale of rates
  71. 71. Scale of rates for particular services
  72. 72. Consolidated scale of rates
  73. 73. Prior sanction of Government to such scales
  74. 74. Refund of overcharges
  75. 75. Power to increase rates to meet deficiency of revenue
  76. 76. Power of Government to enhance rates, if Board fails to do so
  77. 77. Board not to lease, farm, sell or alienate without sanction
  78. 78. Fines and penalties payable to Board
  79. 79. Payment of balance of Port Fund to Board
  80. 80. Time for payment of rates on goods
  81. 81. Lien of rates
  82. 82. Lien to have priority over other liens and claims
  83. 83. Preservation of lien for freight after landing
  84. 84. Retention of such goods until lien is discharged
  85. 85. Discharge of ship-owner's lien for freight
  86. 86. Sale after two months if rates or rents are not paid or lien is not discharged
  87. 87. Notice of sale
  88. 88. Notice of sale to owner
  89. 89. Application of proceeds
  90. 90. Recovery of rates and charges by distraint of vessel
  91. 91. Grant of port-clearance after payment
  92. 92. Alternative remedy by suit
  93. 93. Pilotage
  94. 94. Appointment of pilots to be made
  95. 95. Rules and regulations for pilots
  96. 96. Expenditure on pilotage
  97. 97. Power of Government to make rules under the Act
  98. 98. Regulations when to take effect
  99. 99. Power to frame bye-laws
  100. 100. Bye-laws when to have effect
  101. 101. Penalties for infringement of bye-laws
  102. 102. Exhibition of bye-laws and scales of rates and charges
  103. 103. Cancellation of bye-laws
  104. 104. Trustee or servant of the Board not to be interested in contracts
  105. 105. Penalty for obtaining illegal gratification
  106. 106. Penalty for refusing or neglecting to appear before auditor of accounts
  107. 107. Penalty for infringement of section 29, 30 or 32
  108. 108. Penalty for depositing dust, etc.
  109. 109. Penalty for setting up wharves, etc., without permission
  110. 110. Penalty for understating quantity or weight of goods or incorrectly describing them
  111. 111. Penalty for removing or attempting to remove vessels or goods
  112. 112. Penalty for damage to property
  113. 113. Cognizance of offences against Act or bye-laws
  114. 114. Saving of powers of Collector under existing law
  115. 115. Notice of suit in respect of things done under the Act
  116. 116. Saving of liability of officers or servants
  117. 117. Submission of returns and information to Government
  118. 118. Power of Government to take possession of works and cancel powers of Board
  119. 19(3). [Amendment to Section 19]
  120. 54(6). Auditors' powers

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