Vidhi Codex

The Tuticorin Port Trust Act, 1924

The Tuticorin Port Trust Act, 1924

Infrastructure1924119 of 119 sections available

This Act vested the management of the port of Tuticorin (Thoothukudi) in a Board of Trustees. It sets out the constitution of the Board, the appointment of its Chairman and Vice-Chairman, the election and disqualification of Trustees, and their terms of office.

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  1. 1. Short title
  2. 2. Commencement
  3. 3. Interpretation clause
  4. 4. Imposition of duty of working the Act on a Board
  5. 5. Constitution of the Board
  6. 6. Appointment of Chairman and Vice-Chairman, election of Trustees and appointment of nominated Trustees
  7. 8. Disqualifications for office of Trustee
  8. 9. Term of office of Chairman, Vice-Chairman and Trustees
  9. 10. The remaining Trustees shall hold office for a term of two years from the date of election or appointment, as the case may be, but the Board may at any time accept the resignation of any Trustee.
  10. 11. The first elective Trustees shall be elected, and the first Chairman, Vice-Chairman and nominated Trustees shall be nominated on such dates as shall be notified.
  11. 12. Any person ceasing to be a Trustee shall, unless disqualified under sub-section (1) of section 8, be eligible for re-election or re-appointment.
  12. 13. Government may appoint a Chairman, Vice-chairman or Trustee, as the case may be.
  13. 14. Grant of leave of absence to Chairman or Vice-Chairman
  14. 15. Appointment of acting Trustee
  15. 16. Remuneration to Chairman or Vice-Chairman and acting Chairman or Vice-Chairman
  16. 17. Fees payable to Chairman, Vice-Chairman and other Trustees
  17. 18. Provisions concerning Board's proceedings
  18. 19. Restriction on power of Trustees to vote or discuss matters in which they are interested
  19. 20. If the decision is that the Trustee voted or took part contrary to the provisions of sub-section (1), the resolution on the question shall not be given effect to.
  20. 21. Delegation of powers to Chairman or Vice-Chairman
  21. 22. Duties of Chairman
  22. 23. Provided that, subject to the control of the State Government the Chairman may delegate all or any of these duties to the Vice-Chairman as may seem good to him from time to time.
  23. 24. The provisions of sections 14 and 16 shall not apply to a Vice-Chairman elected under this section.
  24. 25. Power to frame regulations regarding leave, etc
  25. 26. Power to frame regulations for artisans, porters, etc
  26. 27. Power to appoint, punish or grant leave to officers and servants
  27. 28. Prior sanction of State Government to orders or regulations of Board
  28. 29. Property vested in Board
  29. 30. Power to acquire, hold, or alienate property
  30. 31. Application of Land Acquisition Act
  31. 32. Power to execute works and provide appliances
  32. 33. General nature of works to be executed or appliances to be provided
  33. 34. Seagoing vessels compelled to use wharves, etc
  34. 35. In 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 wharf, quay, stage, jetty or pier.
  35. 36. Power to order vessels not to come alongside of, or to be removed from, wharves, etc
  36. 37. Power to State Government to exempt from obligation to use wharves, etc., and to require preference to be given to Government vessels
  37. 38. Power to order survey or examination of works
  38. 39. Power of State Government to restore or complete works at the cost of Board
  39. 40. Performance of services by the Board
  40. 41. Responsibility of Board for loss, etc., of goods
  41. 42. Relinquishment of services subject to the control of the State Government
  42. 43. Performance of services by persons to whom the services have been relinquished by the Board
  43. 44. Scale of rates
  44. 45. Scale of rates and statement of conditions for use of property belonging to the Board
  45. 46. Consolidated rates for combination of services
  46. 47. Prior sanction of State Government to such scales, etc
  47. 48. Refund of overcharges
  48. 49. No person shall be entitled to a refund of an overcharge unless his claim to the refund has been preferred in writing by him or in his behalf to the Board within six months from the date of payment.
  49. 50. Power of State Government to enhance rates if Board fails to do so
  50. 51. Board not to lease rates without sanction
  51. 52. The Board shall not lease, farm, sell or alienate any power vested in it under this Act of levying rates without the assent of the [State Government.
  52. 53. All fines and penalties recovered under this Act [other than fines and penalties imposed by a Court] shall be paid to the Board.
  53. 54. Time for payment of rates on goods
  54. 55. Lien for rates
  55. 56. Priority of lien of Board over other liens and claims
  56. 57. Preservation of lien for freight after goods are landed
  57. 58. Retention of such goods until lien is discharged
  58. 59. Discharge of shipowner's lien for freight
  59. 60. Sale of goods after two months if rates or rents are not paid or lien for freight is not discharged
  60. 61. Notice of sale
  61. 62. Notice of sale to owner
  62. 63. Application of sale-proceeds
  63. 64. Recovery of rates and charges by distraint of vessel
  64. 65. Grant of port-clearance after payment of rates
  65. 66. Alternative remedy by suit
  66. 67. Power to raise loans
  67. 68. Port Trust Securities
  68. 69. Indian Securities Act applicable to Port Trust Securities
  69. 70. Power to frame rules
  70. 71. Place and currency of loans raised
  71. 72. Security for loans
  72. 73. Remedies of the Government in respect of loans made to Board
  73. 74. Power to repay loans before due date
  74. 75. On any such repayment being made, the portion of any subsequent instalment which represents interest shall be reduced to such an amount as represents interest on the outstanding principal.
  75. 76. Provided that a sinking fund need not in the absence of any stipulation to that effect be established in the case of loans taken from the '[State Government.
  76. 77. Examination of sinking fund
  77. 78. The Board shall pay forthwith into the sinking fund any amount which the Accountant-General may certify to be deficient.
  78. 79. Objects on which Board may spend money
  79. 80. Establishment of reserve fund
  80. 81. Prior sanction of State Government to charge expenditure to capital
  81. 82. Works requiring sanction of Board or State Government
  82. 85. Audit and examination of accounts, etc
  83. 86. Publication of audit report
  84. 87. Auditor's remuneration
  85. 88. Submission to Board of annual estimate of income and expenditure
  86. 89. Every such estimate shall be in such form as the '[State Government] may prescribe.
  87. 90. Revision and passing of estimate
  88. 91. Approval of estimate by State Government
  89. 92. Provided that no such modification, rejection or addition be inconsistent with the provisions of this Act or involve the raising of a loan.
  90. 93. Power to enter into contracts
  91. 94. Mode of executing contract
  92. 95. Power to compound or compromise claims
  93. 96. Pilotage fees
  94. 97. The Board shall have the right and privilege of maintaining pilots or harbour-masters for the navigation of vessels at the port, and all fees for pilotage shall be paid to the Board.
  95. 98. No person shall be appointed as pilot or harbour-master who is not for the time being authorized by the [State Government] under the provisions of the Indian Ports Act, 1908, to pilot vessels.
  96. 99. Pilotage account
  97. 100. Expenditure and application of pilotage accounts
  98. 101. Power to frame by-laws
  99. 102. Validity of by-laws
  100. 103. Penalties for infringement of by-laws
  101. 104. Exhibition of by-laws and scales of rates and charges
  102. 105. Cancellation of by-laws
  103. 106. Penalty for being interested in contracts with Board
  104. 107. Penalty for obtaining illegal gratification
  105. 108. Penalty for refusing or neglecting to appear before an auditor of accounts, etc
  106. 109. Penalty for infringement of section 34, 35 or 37
  107. 110. Penalty for depositing filth, etc., on the wharves or foreshore
  108. 111. Penalty for setting up wharves, quays, etc., without permission
  109. 112. Such expenses shall, on the application of the Board, be recoverable under a Magistrate's warrant as if the amount were a fine inflicted by such Magistrate.
  110. 113. Penalty for evading rates, etc
  111. 114. Recovery of value of damage to property of Board
  112. 115. Cognizance of offenses against Act or by-laws
  113. 116. Saving of power of Customs Collector under existing law
  114. 117. Limitation of proceedings in respect of things done under the Act
  115. 118. Saving of liability of Board for acts of officers or servants
  116. 119. Power of State Government to make rules under the Act
  117. 120. Submission of returns and information to State Government
  118. 121. Power of State Government to take possession of works and cancel powers of Board
  119. I. The properties vested in the Board

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