Chapter IV STATE MARITIME BOARDS

(1) Every State Maritime Board established or constituted by the State Government under the Acts specified in the Third Schedule, shall be deemed to be duly established or constituted for the purposes of this Act: Provided that where the State Maritime Board has not been established or constituted, the State Government may, by notification, establish a State Maritime Board within six months from the date of commencement of this Act: Provided further that where the functions of the State Maritime Board are discharged by a body of persons or a department of the State Government, that Government may notify such body of persons or department, as the State Maritime Board for the purposes of this Act. (2) The State Maritime Board shall be a distinct legal entity, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. (3) The head office of the State Maritime Board shall be at such place as the State Government may, by notification, specify in this behalf.

(1) On and from the date of establishment or the date of notification of the State Maritime Board under sub-section (1) of section 13, the State Government shall transfer to the State Maritime Board, and vest, amongst other things,— (a) all port land, property, assets, funds, interest in property and all rights to levy rates vested in the State Government; (b) all rates, fees, rents and other sums of money due to the State Government; and (c) every employee serving under the State Government before such date solely or mainly for or in connection with affairs of the port. (2) All debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done with or for the State Government till the date of establishment or the date of notification of the State Maritime Board under sub-section (1) of section 13, shall be deemed to have been incurred, entered into or done by, with or for the State Maritime Board, and all suits or other legal proceedings instituted by or against the State Government till the date of establishment or the date of notification of the State Maritime Board, be continued or instituted by or against the State Maritime Board. (6) The conservator may, with the approval of the Government, delegate such of its powers to such persons, as may be prescribed by the appropriate Government.

(1) Every State Maritime Board shall be responsible for the effective administration, control and management of ports other than major ports within the territory of the respective State and for the said purpose, shall perform the following functions, namely:— (a) initiating plans for development of ports; (b) promoting the use, development and improvement of ports; (c) executing such works within or outside the limits of ports and providing such appliances to ports, as the Board may deem expedient or necessary; (d) exercising licensing functions in respect of infrastructure and services of ports; (e) exercising supervision and control over all port works, including port works contracted out to third parties; (f) regulating and controlling navigation within the limits and the approaches to the ports; (g) fixing of port tariff; (h) developing new ports, subject to obtaining security clearance as per the guidelines issued by the Central Government; (i) protecting ecological balance and safeguarding social and environmental issues; (j) advising or issuing directions in relation to matters referred to the Board by the State Government; (k) providing or ensuring the provision of such other services and facilities which may be considered necessary for the efficient operation of ports; (l) ensuring compliance with the provisions of this Act and the rules made thereunder; (m) carrying out all other functions that are or may be notified by the State Government. (2) The State Maritime Board shall ensure transparency in the exercise of its powers and discharging of its functions. (3) The State Maritime Board may, for the purposes of discharging its functions under sub-section (1), issue such directions from time to time, in writing, to any port or port officer, as it may consider necessary, and such port or port officer shall comply with such directions.