The Odisha Port Trust Act, 1962
The Odisha Port Trust Act, 1962
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. Short title, extent and commencement
- 2. Definitions
- 3. Establishment and incorporation of the Board
- 4. Composition of the Board
- 5. Term of office
- 6. Constitution of first Board and filling up a casual vacancy
- 7. Temporary absence of Trustees
- 8. Disqualification for office of Trustee
- 9. Remuneration and other conditions of service of Chairman and Vice-Chairman
- 10. Fees payable to Chairman, Vice-chairman and other Trustees
- 11. Meetings of the Board
- 12. Minutes of proceedings and authentication of orders and decision of Board
- 13. Constitution and conduct of business of Standing Committees
- 14. Restriction on power of Trustees to vote or discuss matters in which they are interested
- 15. Validation of acts and proceedings
- 16. Delegation of powers to the Chairman
- 17. Duties of Chairman
- 18. Schedule of Board's Staff
- 19. Disqualification for appointment as Officer or Servant
- 20. Power to make regulations
- 21. Power to appoint, grant leave or promotion to officers and servants
- 22. Power to dispense with services and to permit retirement in certain cases
- 23. All property of the Board
- 24. Power to acquire, hold or alienate property
- 25. Application of Land Acquisition Act, 1894
- 26. Bar to acquire right or claim to property in the port
- 27. Contracts by the Board
- 28. Works and appliances
- 29. Wharves, etc., when to be ready for receiving goods
- 30. Accommodation supplied to be used for landing and shipping
- 31. Power to order vessels not to come alongside of wharves, etc.
- 32. Government power to permit vessels to use private wharves, etc., and to land Government vessels
- 33. Power to order survey of any work
- 34. Power of Government to restore or complete works at the cost of the Board
- 35. Performance of services by the Board
- 36. Obligation to render services required by goods owner
- 37. Responsibility for loss, etc., of goods
- 38. Relinquishment of services subject to control of Government
- 39. Performance of services by persons to whom the services have been relinquished by the Board
- 40. Constitution of Port Trust Fund
- 41. Payment to State Bank of India
- 42. Application of the Fund
- 43. Emergency expenditure
- 44. Reserve Fund
- 45. Charge to capital account
- 46. Works and contracts to have prior sanction of Government
- 47. Submission of budget estimate
- 48. Budget estimate to be circulated to trustees
- 49. Adoption of budget estimate
- 50. Submission of budget to Government
- 51. Supplementary estimates
- 52. Restriction of expenditure to budget grant
- 53. Board's power to spend beyond approved estimates
- 54. Auditors
- 55. Audit Report
- 56. Power to borrow
- 57. Period within which loans to be repaid
- 58. Port Trust Securities
- 59. Indian Securities Act, 1920 to apply to Port Trust Securities
- 60. Power to make regulations
- 61. Security for loans
- 62. Remedies of Government in respect of loans made to Board
- 63. Power to repay loan before due date
- 64. Establishment of sinking fund
- 65. Investment and application of sinking fund
- 66. Examination of sinking fund
- 67. Interest payments and other payments
- 68. Power to borrow under Local Authorities Loans Act, 1914
- 69. Dues leviable under the Odisha Port Regulation, 1937 to continue
- 70. Scale of rates
- 71. Scale of rates for particular services
- 72. Consolidated scale of rates
- 73. Prior sanction of Government to such scales
- 74. Refund of overcharges
- 75. Power to increase rates to meet deficiency of revenue
- 76. Power of Government to enhance rates, if Board fails to do so
- 77. Board not to lease, farm, sell or alienate without sanction
- 78. Fines and penalties payable to Board
- 79. Payment of balance of Port Fund to Board
- 80. Time for payment of rates on goods
- 81. Lien of rates
- 82. Lien to have priority over other liens and claims
- 83. Preservation of lien for freight after landing
- 84. Retention of such goods until lien is discharged
- 85. Discharge of ship-owner's lien for freight
- 86. Sale after two months if rates or rents are not paid or lien is not discharged
- 87. Notice of sale
- 88. Notice of sale to owner
- 89. Application of proceeds
- 90. Recovery of rates and charges by distraint of vessel
- 91. Grant of port-clearance after payment
- 92. Alternative remedy by suit
- 93. Pilotage
- 94. Appointment of pilots to be made
- 95. Rules and regulations for pilots
- 96. Expenditure on pilotage
- 97. Power of Government to make rules under the Act
- 98. Regulations when to take effect
- 99. Power to frame bye-laws
- 100. Bye-laws when to have effect
- 101. Penalties for infringement of bye-laws
- 102. Exhibition of bye-laws and scales of rates and charges
- 103. Cancellation of bye-laws
- 104. Trustee or servant of the Board not to be interested in contracts
- 105. Penalty for obtaining illegal gratification
- 106. Penalty for refusing or neglecting to appear before auditor of accounts
- 107. Penalty for infringement of section 29, 30 or 32
- 108. Penalty for depositing dust, etc.
- 109. Penalty for setting up wharves, etc., without permission
- 110. Penalty for understating quantity or weight of goods or incorrectly describing them
- 111. Penalty for removing or attempting to remove vessels or goods
- 112. Penalty for damage to property
- 113. Cognizance of offences against Act or bye-laws
- 114. Saving of powers of Collector under existing law
- 115. Notice of suit in respect of things done under the Act
- 116. Saving of liability of officers or servants
- 117. Submission of returns and information to Government
- 118. Power of Government to take possession of works and cancel powers of Board
- 19(3). [Amendment to Section 19]
- 54(6). Auditors' powers
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