Chapter VIII MISCELLANEOUS

No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence punishable under this Act or any rule or regulation made thereunder.

No suit or other legal proceeding shall lie against the Board or any Member or employee thereof or the Adjudicatory Board or the Presiding Officer 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 deficiency of service or any consequential losses on account of deficiency in services.

Every person employed by the Board or the Adjudicatory Board under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

1. (1) Notwithstanding anything contained in any other law for the time being in force, the Board in exercise of the powers conferred on it by regulations made under this Act or by invoking the contractual remedies available to the Board may cancel the allotment of any premises made to any employee of the Board or any other person or evict an employee of the Board or any person in occupation of any port asset or premises or area in the port limits, by notice in writing, addressed to such allottee or employee or other person who may be in occupation or possession thereof in violation of the regulations specified or formulated by the Board: Provided that such notice shall indicate the reasons for cancellation of allotment or eviction or removal along with the period within which the removal or eviction is sought and recovery of the sums of dues in arrears and also for the extended unauthorised use of such premises.
2. (2) If any allottee or employee or other person is aggrieved by the order made under sub-section (1), then the said allottee or employee or other person may appeal against the order with the compensation officer so appointed by the Board within thirty days from the receipt of the order under sub-section (1).
3. (3) If any allottee or employee or other person refuses or fails to comply with an order made under sub-section (1), then any Magistrate of the First Class may, on application made by or on behalf of the Board, order any police officer, with proper assistance, to enter into the premises and evict any person from, and take possession of, the premises and to deliver the same to the Board or a person appointed by the Board in that behalf and the police officer may, for the purpose, use such force as may be necessary.
4. (4) Any such notice as is referred to in sub-section (1) may be served--
   • (a) by delivering or tendering it to the allottee or employee or any other person who may be in occupation or possession of the whole or any part of the premises; or
   • (b) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises; or
   • (c) by registered post; or
   • (d) by publishing in the local newspaper having circulation in the area. Explanation.-- For the purposes of this section, the expression premises means any land, building or part of a building which is part of port assets and includes
     • (i) areas such as canteens, gardens, grounds and out-houses, if any, appertaining to such building or part of a building;
     • (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; and
     • (iii) any furniture, books or other things belonging to the Board and found in such building or part of a building.

Without prejudice to any other action that may be taken under this Act, the Board may recover by suit any rates, damages, expenses, costs, or in case of sale the balance thereof, when the proceeds of sale are insufficient, or any penalties payable to, or recoverable by, the Board under this Act or under any regulations made in pursuance thereof.

1. (1) The Board may use its funds for providing social benefits including development of infrastructure in areas of education, health, housing, accommodation, skill development, training and recreational activities for its own employees, customers, business partners, Government and Non-Government Organisation, local communities, environment and society at large.
2. (2) The manner of utilisation of funds for the Corporate Social Responsibility shall be such, as may be prescribed. Explanation.---For the purposes of this section, the expression "Corporate Social Responsibility" means the activities, to be undertaken by the concerned Major Port, as referred to in sub-section (1) and section 135 of the Companies Act, 2013 (18 of 2013).

1. (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
   • (a) the composition of the Selection Committee and the manner of appointment of the Chairperson and Deputy Chairperson of the Board under sub-section (1) of section 4;
   • (b) the manner of appointment of Members of the Board under sub-sections (2) and (3) of section 4;
   • (c) the procedure for conducting any inquiry made under sub-section (2) of section 5;
   • (d) the honorarium payable to the Independent Members under section 11;
   • (e) the parameters for creation of Master Plan under section 25;
   • (f) the norms for fixation and implementation of scales, fees, rates and conditions under subsection (1) of section 27;
   • (g) the form, manner and fees for filing application before the Adjudicatory Board under section 32;
   • (h) the manner of applying the sums under sub-section (3) of section 40;
     • (i) the purposes for which the monies received by the Board shall be applied under sub-section (3) of section 43;
   • (j) the form in which the Board shall prepare an annual report under sub-section (1) of section 44;
   • (k) the manner of appointment of the Presiding Officer and members of the Adjudicatory Board under sub-section (3) of section 56;
   • (l) the salaries and allowances payable to and other terms and conditions of services of the Presiding Officer and members of the Adjudicatory Board under sub-section (5) of section 56;
   • (m) the procedure for conducting an inquiry under sub-section (5) of section 57;
   • (n) the procedure to be adopted by the Adjudicatory Board under sub-section (2) of section 58;
   • (o) other functions of the Adjudicatory Board under clause (d) of sub-section (3) of section 58;
   • (p) the form and manner for applying of a review before the Adjudicatory Board under subsection (1) of section 60;
   • (q) the salaries and allowances payable to and the other terms and conditions of service of officers and employees of the Adjudicatory Board under sub-section (2) of section 61;
   • (r) the manner of utilisation of funds for Corporate Social Responsibility under sub-section (2) of section 70; and
   • (s) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be made, by rules.

1. (1) The Board may, with the previous approval of the Central Government and after previous publication, by notification, shall make regulations consistent with this Act and the rules made there under to carry out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:---
   • (a) rules of procedure for transaction of business under sub-section (1) of section 13;
   • (b) rules of procedure for transaction of business under sub-section (2) of section 14;
   • (c) the appointment of employees under clause (b) of sub-section (1) of section 18;
   • (d) the use and development of the port assets under sub-section (2) of section 22;
   • (e) the form and manner in which contracts shall be made by the Board under sub-section (3) of section 24;
   • (f) the purposes of planning and development of Major Port under sub-section (1) of section 26;
   • (g) the form of port security under sub-section (3) of section 33;
   • (h) the issuance of duplicate or new security under sub-section (1) of section 36; and
     • (i) any other matter which is required to be, or may be, specified by the regulations or in respect of which provision is to be made by the regulations.

Every rule made by the Central Government, every regulation made by the Board and every notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation or notification or both Houses agree that the rule, regulation or notification should not be made, the rule, regulation or notification shall thereafter 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 under that rule, regulation or notification.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made in respect of a Major Port after the expiry of a period of three years from the date on which this Act is made applicable to that Major Port.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

1. (1) The Major Port Trusts Act, 1963 (38 of 1963) is here by repealed.
2. (2) Notwithstanding the repeal of the Major Port Trusts Act, 1963 (38 of 1963) under sub-section (1),—
   • (a) anything done primarily by the Board of Trustees and Tariff Authority for Major Ports under the Major Port Trusts Act, 1963 (38 of 1963) in respect of any rule, notification, inspection, order or notice made or issued or any appointment or declaration made or any operation undertaken or any direction given or any proceeding taken or any penalty, punishment, forfeiture or fine imposed under the Major Port Trusts Act, 1963, shall, insofar 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;
   • (b) any order, rule, notification, regulation, appointment, conveyance, mortgage, deed, trust, special purpose vehicle, joint venture, document or agreement made, fee directed, resolution passed, direction given, proceeding taken, instrument executed or issued, or thing done under or in pursuance of the repealed Major Port Trusts Act, 1963 (38 of 1963), shall, if in force at the commencement of this Act and not inconsistent with the provisions of this Act, continue to be in force, and shall have effect as if made, directed, passed, given, taken, executed, issued or done under or in pursuance of this Act;
   • (c) any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure or existing usage, custom, privilege, restriction or exemption shall not be affected, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in, or from, the repealed Major Port Trusts Act, 1963 (38 of 1963);
   • (d) any person appointed to any office under or by virtue of the repealed Major Port Trusts Act, 1963 (38 of 1963) shall be deemed to have been appointed to that office under or by virtue of this Act;
   • (e) any jurisdiction, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not in existence or in force shall not be revised or restored;
   • (f) any documents and any funds constituted and established under the repealed enactments shall be deemed to be documents and funds constituted or established under the corresponding provisions of this Act;
   • (g) any prosecution instituted under the repealed enactments and pending immediately before the commencement of this Act before any Court shall, subject to the provisions of this Act, continue to be heard and disposed of by the said Court;
   • (h) any inspection, investigation or inquiry ordered to be done under the repealed Major Port Trusts Act, 1963 (38 of 1963) shall continue to be proceeded with as if such inspection, investigation or inquiry has been ordered under the corresponding provisions of this Act; and
     • (i) the application of this Act to the port of Mumbai, the Bombay Port Trust Act, 1879 (6 of1879) and the port of Kolkata, the Calcutta Port Act, 1890 (3 of 1890), in so far as the said Acts apply to municipal assessment of the properties of the port of Mumbai and port of Kolkata and matters connected therewith, shall continue to so apply.
3. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal of the Major Port Trusts Act, 1963 (38 of 1963).

Notwithstanding anything contained in this Act, the Board of Trustees functioning as such immediately before the commencement of this Act shall continue to so function until the Board for each Major Port is constituted under this Act, but on the constitution of such Board, under this Act, the Members of the Board of Trustees holding office before such constitution shall cease to hold office.