The Tamil Nadu Maritime Board Act, 1995

THE TAMIL NADU MARIJTME BOARD ACT, 199. ARRANGEMENT OF SECTIONS. -SECTIQNS : CHAPTER I. PRELIMINARY. Short title, extent, commencement and appliioation. Definitions. 'CH)Wl"ER 11. Establishment of Tamil Nadu Maritime Board . Diqualifications of members. . . . , Term of office of Chairman and mambcrs. . Vacation of office of 'member. Eligibility for appointment. ' Filling up of casual vacancies, Absence of Chairman. Meetings of Board. Committees of Board. Fees and allowances payable to mmders. . Member: 0' Board or Colnmitte8 not to vote i~ certain c-.ses-. - Acts of Board not to be invalidated by infirmi@, Vacancy, Delegation ot powers. . Duties of Chairman. 1. . I . I , 8 TAMIL NADU GOVERNMEN7 GAZEYTl 1 .A - i - - 1 " 1 ~ P - .( - 3 111)1NA IP'Y _ I .-- . - - - - .- -. - -- i---- -- STAFF OF Tt IE BOARD. 17. Chief Executive Officer and other Officers and servant.; oi ih~ard. 18. Power to make appointments. CHAPTIlR 1V. PROPERTY AND CONTRACTS. 19. Transfer of assets and liabilities anc employees, etc. of Government to Born! 20. Tr-wfer ot service of certain employees, 21. Existillg rates, etc. to continue until altered by Bod 22. I<epa~~naonf t capital with interts'r. 23. Procedure when immovable property cannot be acqurr~d by .LScIe ment. 24. Excoution of coiitrirots and agrccm,:nts. WORB AND SERVICES TO BE PROVIDED AT THE PORTS BY TIIE BOARE 25. Power of Board ,to ~$zcptp:$qfrs and 'provide appianccs. 2 27 6 . . P P o o w w e e r r o o f f ~ B o o a a r r d d - t t * o o o r d u e n .rI $ s e , e r " % a -g k d f , f - d '* c g e , r v 5 t e t s in se . l s w t y o ,r ; k st s : do , c k . s , lj ' wharvcs, etc. Sea going vessels to use docks, wharves, etc. Power to order vegsels not to come alongside of, or to be removed from docks. wharves, etc. Power of Government to exempt vassels from obligation to use wharves, etc. Board to decbre when vesqls other thao sea-going vessels compelled to use dooks. wharves, etc. Services by Board or othef p p n . Responsibility of Board for'lo&,' et; , of goods. . Accommodation. , Power to permit erecti~no f priy? w@uvo. Compensation. IlMpOsITfON AN . D RSCOV . E RY OF RATES AT PORTS. . .,J r. C 6 Scale of ram. conditions-for use d property of Board. of sdcas. Concessional rates. Prior sanction of Ciovtxnrnent to rates and canditio- Powat of Government to require modi6cation or canqFUation of rates. Remission of rates or charges. Refunc, of overcharges. Notice of payment of charges short levied or erroneously refunded. Time for payment of rates on goods. Board's lien for rates. . , Ship optner's lien for freight i+nd other charp. Sale of goods after two months if rates or rent are not paid or lien for freight 1s not discharged. ~isposaol f goods not removed from premises of Board within time-limit. Application of sale proceeds. Recovery tf rates and charges by distraiut of vessel. Zwnt of port clearance after payment of rates, realisation ol damages, e. -4 TAMIL NADIT nGOVERN.MEMTG AZETTE EXTRAORDINARY 8 - .- -. - ",. vo. CHAPTER BORROWING POWERS OF BOARD. I 1 54. Poqer to raise Icans. 55. Board securities. 56. Right of joint or several payees of smuntxes. Power of one or two or more joint holders to gratt receipts. Endorsements to be made or, a security itself. Endorsement of security not liable for amount (hereof. Impression of signature on securities. Issue of duylic~tes ec~,it;-. Issue of converted, etc. sec~rities. caw.. I)iscbarg$g in w e ,. , , . Security for loans taken by BOW. Remedies of Government in respect of loans made to Board. 66. Power of Board to repay loan$ b%hbi&e date. 67. Establishment of sinking fund. - 68. Investment and app!iwt$m of d, + * dg w,. f J u t n r. d : . ! . , -; %.' . , : -2.' " " . - 69. ExaminsltiOh of dhlbb$ fbd. ~ b * 5 e . 70. Power of Board to #.y lqqns ?.J Ja Rp. q ter& hihi ' I I, I . I" . .:, , ,r , I . 72. Power of Board to borrow money from ~nternationalB & f01;. -W@?@On and Development or other foreign institutions. .t ' I " , . , 73. General Account of Ports. . I '4 74. Application of moms in Cbh~iUk qmto . I . 75. Pcrer to transfer moneys from account to &ecifie# ' # # .I $ fiila , t sr -*~ltoro* and vice versa. ). 76. Establishment of Reserve Fun&. , . :\ 77. Pomr lo rest& b k~hrds dcufili& tbr &5il1d's o m i liJt%i&ntl . ' ' . .: 8,. I 78. Prior sanction of Government to charge sxpen8itw ok ~ % d. . , . . . ?$.' '' Works requiring sandion of BO@p~lr ,Gow*nt. I, I I go. Power of Chairman as to excCntibn bf Works. ' rl. Power of Board to compound or compromise &mr, . 10 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY "."- - -- -&-'*. -.- -- - L u-- REVENUE AND EXPENI>lTURE--conr . Writing off losses. Powers, etc. of Board as Conservator. Budget estimates. Preparation of supplemental estimates. Reapprapriation of amounts in estimate. Adherence to estimate exoept in emergency. Acco~ntsa ne audit. Publication of audit report. Board to remedy defects and irregularities pointed out in audit report. Government to decide difference between Board and Auditors. O W E K yi. SUPERVISION AND CONTROL OF GOVERNMENT. 92. Administration report. 93. Submission of statements of income and expenditure to Government. 94. Power of Government to supersede Board. 95. Power of Government to give directiolls to Board. Pmns employed under this Act to be public servants for certain purposes. Penalty for contravention of sections 27, 28, 29 and 30, 'Penalty for setting Up wharves, quays, etc. without permission. Penalty for evading rates, etc. Recovery of value of umage to property of Boatd. Person interested in contracts, etc. with Board to be deemed to have ccmmitter! an offence under section 168 of Indian Penal Code. . ' -0th er o ffenoes Gognizanoe of offences. Offences by companies. MISCELLANE0U:S. Coostituti~.. r f State Ports Consultative Committee. Lo-.! Advisory Committee. Limitation of proceedings in respect of thiob~d one. Protecticon of act done in good faith. Power to niake ru1es. Powr to malie regulations. Provisions with respect to reglrlations. Power of Governme~lt to direct regulations to be made. Power of Governlnent to make first regulations. &sting of certain regulations, etc. Saving of right of ,Central Gowrnrpent and :nunidpaliti? to use WharPecl, etc. for collect~ono f duties and power of Customs authorities. Application of provtsio.~o~f ~ ctot a ir cnA. Powa to remove diflcujties. Repeal and saving: The following Act of the Tamil Nadu Legisiative /lss:mbly received the asaent of the President on the 1 Ith February 19~6 and is hereby pzlblished for general information :-- ACT No. 4 OF 1996. 'AnA ct lo proviUedfor'theC snsfttuttiono f kz Mdrftime Board for minor ports in the State of Tanoil Nadu and to vest the Administration, Control and Mdiu'gement bf~uchpo rt8 in that Board Und-f or matter8 connected t,'lere~vfrh. I BE it enaated 4 the Legislative A'sstmbly ' ot the State of Tamil xadiJi ;: I the Fsrtpgixth Year of the Republic of India as follo\vs :- I Shert title, mt I' I (2) It extends to the whole of the State of Tamil Nadu. , (3) It shall come into force on such date, as the Government may, by aotifimtioa, appoint. (4) It aP %P es to a11 the minor pbrts in ihe State to which the Indian Pees Ad app 'es on the date of t b comniencenlent of this Act aad the GImment may,'b y notifiation, apply the provisions ot tk is Act with eflect traan sue% dm, as may I>c spaciHcd in thei notrtication, to any 0 t h minor pma i.wSt&~t o which tbc Indian Ports Act is extGndcd by the C;overment under 4 *f that Am* Dedi.iBon& -3 2. In this A&, uakss tb matext otherwise requires, - . (4Y .ppointd by'' in rolatiea to aay minor pert aea~~~;fSu:~'Uoaa y . .: wN& this Act is made qplionMt te that pert ; 4% ! 0) "Boardq* mans the Tamil Naau Maritime ~ o a deaO bli&ad uadw ~ B 3; B I (c) "Board security" means debentures, bonds or dock certificates issuedf by the Board in respect of any loan contracted by it undet the provi- . sions of this Act ; > (4 "Chairman" means the ~hairrhin of the ~o&da nd id.o lodes the pxson appointed to act in his place under +tion 9 ; r tl central Act 52 of in the ( e) C " us C to o m lle s c A to c r t , o 1 f 96 C 2 u ; s$ ' om ' s" .m .e ans the Collector of Cu , st . om < .- s . sp e ,. c ;" i G f ied 1%. . (n "dock" includes all basitis, locks, cuts, entrances, graving ctdks, D * graving Mgcka, inclined planes, slipways, gridirons, moorings, transit sheds, wab&o~#~s,g odowna, open plots rltld other works and things appertaining to'any dock and also the portion of tho bs enclosed or protected by the arms or groynes of a harbour ; (g) bLforeshordi*n relation to a?o& 'means the area betwean , th , e high water mark and the low water mark relating to that port ; (h) "goods" indudes live stock a& every kind of movable property ; 1 (i) "Government" means t'he State Government ; (13 "high water mark" in rdatian to a port means s line drawn through the highest points reached by ordinary spring tides at any season of' the year at that port ; (k) " jmmow& grogsty " l n ~ l kwha rlage.rights and rY other rigl~~. , e-kbk on, eves or in rsspeetd, WIW,,w Ba;f, dook or $W :& g , , - - 5 2 TAMIL NADU GOVERNMENI' GAZETTE EXTRAORDINARY .---. . -2- --- -. -- - - - . - - - -- "----- (I) "Indian P ~ t sAc t" means the Indian Ports Act, 19(?; Qkatra8 ~ c x t v M8. (m)" Land" includes the bed of sea or river below iligil water w k and also things attached to the earth or per~nane~~tl>f? .stened to an* attaahed to the earth ; (n) "Low water mark" in relation to a port inzans a line drawn through the lowest points reached by ordinary spring tides at ally semon ot the year at that * port ; (0) " master " in relation to any vessel or craft ~nakil~gus e of any minor port means, ally pcrson .having, for the time b~:ing, the charge or control of such vessel or craft,. as ]he ,ca may be, except a pilot, harbour master, dock master, or berthii$f' b$~oi'b?th e port ; (p) " member " dean% A &em&' dl' the Boaid ; (v) " minor port " means; a poct other than a major port doelared as ) .ush by the Central Go~rnmentb .ibf ddy kiw ; I "- cr) " o yaar . . 6) in relation to goods includes any consignor, consignee, shipper .or, agent for the sale, custody, loading or unloading of such g~ods,a nd , 1 I,. . (ii) io relation to any vfssel or crgt making uw of any k t , in&ih i es any p~rot mr, charterer, consignee or mortgagee in possession thereof ;. (8) l6 pier ** jiocludes any stage, stain, landing place. k*fd irjtr, wg 3 itr sf'.l.:. .barge or psntoon and any bridges or other works connasbd therew!'i' ! i (t) "port" means any minor por. t to which 'this ~ c zti>p lie*ts -withie , such -lla)sts .+l may, from time t~ .&&t. bq . defin* by, t"h.e G . -o ,r a . q ", t udor I the Indian Ports Act ; 1 , :i ,;, . -5 s .&. .. , 8 . , > ,,: ,; @-" ; I:.. (u) '' mrt a~prw~h"- in rei@j~n. to a Bqrt ma s th.0~p~q ts of the mvigable rivers and cha~lnelsl eading to the port in wkch the ,Pa@ .,, Act is in force ; % (v;) "s P rescribed " means prescribed by rules or regulations made under this Aat @) '* pubiis. securities " means- (3 +omirory dotes. .depnth, YO& or other s~curitiCs of ille Central govmmmt or of any State Government : hovided that vourities 60th tho principai aid the isti$$ whereof havq fu. and unconditionally guaranteed by any siich (Government halt be w, tor the purposes of this clause, to be securities of such Government ; (ii) debentures or other securities for money jYwd by or on , ~ & l f of p9y m\jOicipal body, Improvement Trust or Port Trdst under the a~th$~o,f any law for the time being in force in the ct~t- !;rel~l.l;qgt he Board securfiies) : (x) "rate" includes any toll, dl+e, rent, f e ~or oharge. leviable under this Aet ; (y) "regulations means regulations made under this Act ; " (2) "rules" means rules made under this Act ; (M) ";vessel " indudes anything made for the conveyawe, mainly by a&, of human being or of goods : I' Wharf" includes any wall or swe and any part of the lsuad 0 t r o a r d e o & n or th d " s & t h la d a r Y k m bk o U fo l' r k 1 & bC @ d& h '6 ' t ' u l n W ~ a oi t i & h " $ g * U .Si b ng & or 6 f r o r d d t j h o e i h e tt rn g & t - b e Sllgt. . , ' I - v I , ."--. i A& I (1) ;is soon as ma9 $&tet ike $oi@eep&ne*ht bf ithi the 60h eim+- - amt may, by naification, establish A to be called ihc Tad;] Nidu of Tamil Naau MarhfeePollM. time Board. hk;;i G&r i)i.; - g#wli (2) The Board shall be a bodi oabdiate, I a common seal with pqwer, subieGf td tlS?: ,pr~visions*o$fi s Act, fp aoqoirs, 10 hold and dispose of pr-ty, both*q loypblp.and immovable; a B .on*, and may, by the said name, sue and be sued. . ' i A _ A j) Tiy&eadkoffice ~f the Board shall ba at such plw as tho Gcvmmt a, , t y no aiitfoii, tlikc r t * : '. ., t.L . . . , 'A J ! ,; , t', . . I , . ; -* .. ; .- * I. , I * 8 ".>A i 1 . ' ~1 ' 5 t'@ , ~diir+sl& ll consist ofl,tan - .members, Mo &al! ,b, .. by ' db9t2fimdt; as foilbws, AarnelY : 2 - i)l,,Of * - : *I , . s . <- .<:..A .'1b . : Yi 5 q - L .~ I (a) the State Port Officer, ex-officio ; A (6) the &ofeta& to . ~ovom bn m * c . n s f ~ !7 i / . .~inandcqq& m - oa 4 t . ,Q ..b $ ~ggmge below the ran& of a De~utvS ecretary to Government of t@t &*l*nS &ding with the subject port, ex-ojf iczo ; a r.latiog t b o ) p d art h s, m s ii lu ib p p p r id 4 g 1 , 1 m 6 i a d r i im i c " ' k a 4 oa & o + r fa . co t & p c d r & im ibw b s r b 4 n *8 ! d 3 o b d . , , '; , % ,tv,, w i , , d % , m g I i b , > u ,j , # .a h-- no f such matters ; 6' - ( 9 d % ) one mem 6 ber who po " s sesse > s a ' d d I e . d k. I q - & , f !+A ica . dm ia .% &&&. .I YJ t* s s it r .4 h $ a j& t. * * ~ e, n.g ineering and has wide experience of mattep relating to Barbour work; 1. 'j14 kt,$,? , - df4. .a.i , *r (c) one member who lo Charmed ~mounta;; or who p ~ a g ahig h amclemio qualificafion iqlAooountanp' apd. wh 9 ss uffici9t expe~@~icne aacounts . pertaining to indoshy; '&mihem, pdtt) '&' &qy& : % 7 onb m . e , m .+ b ,< e d r , r i e i prc 64 s e ., n $ tm ti g .f I~h>g~ i&t&ia Li ?l&, & A an d idusp~.y; . . .. ,,,, (i): one member representing 1 '3 t .C h l e interests of wo . r . k % ors . o . f 1 m " in L o .* r go,n1si :, . I L ' I 4 if, (j) ti& Chief ~kecutivt?O glcer appoi&ted und; &&ion &-oflicio. - :i,t 1 dk I < 1. It .Of Q The Government slx~ll? ' T int .dt hd mdrk npointd snbswtion (4) other than t$e Ghie Executive OiBcer to be thc hwnnan of the ~osr:da * nd th r e C n l & ih a f l E l x b e e c u di t r lv q o lu a O I f ' f fe ic d q f , & , kp d ,- q '6 * l . ,~ % b u t & h a .e 1 b ~ , i c i q n e i& -C d l , h a t( ir k m k $ a . no d ,f.t & p - a., & Bo , a % sd b . # k a ramb4.e t. o the Board, if he- ". . zntM or of a a a j n y w p S m ta t d e G o o e ver i n o m r e d .lt o l r > r ' o . f L h C an , i y s lo : t c h ~ a e l & ~ aut 4 h , o 0 r t r i t A y o ii r i * o . $ f a a @ .& o v + rB ra P a - ios , ,,*,t,1, 8, ,,1, v 14 d ; : G il, . I ,> :F f,, i bt mnmlld by 11ic.Central Goi&n-t or by any State Govcr~t~~;c nt (b) hns bet* convicted+ and > Ln . t . cn cs . d A to . in-mt -.... f"o r =i &&ce . lfivohring mord turphud6 ; or . . s7 M?' - I'AML NADU GOVER.NMENT GAZETTE EXTRAORDINARY -- - -- -- .- -.- . - "_M.11 (d) has directly or inclirectly any share or interest in :iny work dolic: by order of tbe Board or in any contract or amployment with, by or 011 t cllalf of the Bolrmd: Provi&d tbat no person dull be deemed to have a share or interest in such work, contract or employment by reason only of hS- (i) having a stare in any company or firm mhich may contract with or I be emplopad by or on behalf of the Board ; or (ii) having a sham or intsrast in any newspaper in which any adver?ise- meat relating to the affairs of the Board may bo insartad ; or (iii) baing intorested in any loan of money to the Board ; or (iv) having a share or inter& in any base, sale, exhnjp or purclram ef himahp roperty or any agmment for the fame ;o r (v) having a sham or intarust in any lioenca i d by the Board or cigttt by t- or otherwise with t b B oard to thta sole or preferential use d aay paaa3ls4s (M property belonging to tho Board ;o r (vi) having a share or intatsst in the occasional sale to the Board to a v a hn ot excding tan thousana nips in any one financial ychr, of any artick in MdB Int trail-. - rmofottbs , 5. bwry membet other than an odiioial a pointed as Ohairman and every 8fa&fmarnd mramdnl member shall hold office for a priqfof two years. 1Iyk.. ckcrtbo af 6. (I) Tht Govss~~U~mmaty ranova a manbar includiiag the Chairman, whe * d m i , n e t ~ ~ i o&'ltb EloruJ,ifhrr Ce) Cgcam snbjwt ts any of th)d isquaiifications mmtieaod in sec tisa 4 rn ' ~~ (1 mfuses ;o act or incapable of act;* ; or (c) has, in the opinion of the Government, b m e inuapable of repre- senting the interests by virtue of which ha was appointad ; or (d) absents, without the permission of the Board, from six consecutive w i n so f the Board ; or (e) acts in contravention of the provisions of section 13. ' . (2) The Chairman who is not an ex-ojjicio member may resign from his oflice by tendering his resignation in witidn to the Government, but the resigna- tion shall not take effect until it is accept by the govern men^. f (3) A member of the Board, other than the ex-oficio member, may resign '.VOID his office by tendering his resignation in writing to the Chairman who shall fhard the same to the Government, but the resignation shall not take effect until it is accq%edb y the Governmdnt. 7.' Any person 'ceasihp to be a mombar shall, udau dilqualifiisd vndm .. qoo(ion 4. be eligib1e for rsappointmcnt. $:- . . tph.4 %%, 8. (1) Any casual vacancy in the office of the Chairman shall be filled, as s&n , u may 4 .in the. same manner as provided in sub-section (5) of scotion 3. ' ,, (2) Any casd vacancy in the office of a member af the Board &ail be fill,,a s ea~lya s possible, after the occurrence of such vacancy : +' I , . ,, '. Provided that where any casual vacancy occurs in the o hox any such mt~lber within three months preceding the date on which the tar111 of the of6.a o f ~ ~ ~ ~ d e r S t c t i O n S , y i t s h s t t n o t B e l l l a i 3 . -+-' - a (3) A member appointed under sub-section (2) shall hold office so long only as the member in whose place he has been appointed wfould have held office lf the vacancy had not occurred, 9. If the Chairman is, by mfirmity or otaerwise, rendered Incapable of ~tsend0e1 : carrying out his duties or is absent on leave or otherwise, the Vice-Chairman, Chai~mt:fl, and in the absence of both the Chalrman and the Vice-Chairman, such member, as the Government may appoint, shall zct as the Chairman. 10. (1) The Board shall Eeet at such times and places, and shall, subject to Meetings 01 the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to tne transaction of business at its meetings (including the quorum at meetings) . as may be provided in the regulations : I Prov~dedt hat the Board shall meet at least once in cvery month. ! (2) The Chairman, or in his absenaa the:ViceChaiian, and. in the absence ~f both the Chairman and the Vice-chairman, any person chosen. bY,' the. members present from amongst themselves, shs(Il1pre~idaet a meeting-of the ,Bdard , . "! ' (3) All questions *at a meeting of the' BUardHshall be &bid& by a rnahritg, ! of the votes ot the members present and voting and, in the case of any equality of votes, the person presiding shall have a second or casting vote. f (4) The proceedings of the meetings of the Board shall be forwarded to the t Government in the Department in cllarge ofl~th e minor-ports within seven days of every meeting. . . 11. (1) The Board may, from time to rime, constitute from amongst its meal, Cornitregs . ,..- bers, one or more committees, each consisting.o f such number as the Board may Board. , consider necessary, for the purpose of discharging such of its dut&apd funpons as may be delegated to such committee or ' admmitteks b$l"tlidr'Bb&d. , . , . tr,& rc " %. .,a J! < '; ., '- .**P- (2) A committee constituted under sub-section (1) shall meet at such time and at such place and shall follow such procedure in regard to the transaction of business at its meetings (incluhng tne quorum) as may be provided in the regulations. :zwtn& 12. The members including the Chiufiiirlshtill be paid by the ~o&ds uch fees and allowances tor attending meetings of the Boara or o any of its conimi&&s payabl=t o and for attending any. work of the Board as may beprovidd in the rules. members. 13. A member of the Board or of a committee who- - (a) has directly or indirectly, by himself or by any partner, eh-pld$er or Members f Brad entployee, any such share cr Interest as is described in section 4, in respect o n r o t c o to rn v n o u t t e t e i a n of any matter, or certain cases. (b) 11as actea professionally in relation to any matter on behalf of any person having thereio any such share or interest as aforesaid, - --, x o t vo te or take part 1~ BEY proceeding of the Board or: any committee relating to such mattel. 14. No ~ cdton e or praceed.it.gtaken urder 1hisAct bythc Eoard or 3,ny commi'tet shrll be invalid~.ttdr rtrelj cu the gcur;d cf- ~ ~ . ~ f ~ d invalidated %' intirmiw, v2fnc5 (0) any vacancy or any defect in the' constitution of the Board or the co amittee; or . a,, , . I('. (b) any defect or rregularity in the ag~ointmento f I+ person actibg as a member rheceot ; or (c) hny member having acted or taken part in anv proceedtngs in oontra- kention of section 13 ; or (d) any defect or irregularity in suob act of promding not affdng he l,,?, ii, .l tze wse I 16 TAWL NADU GOVERNMENT GAZETTE EXTRAORDINARY I - --- - - -- - - -- - - - -- - - - - _ - 1 I ,,:tsga:lon of 15. The Board may, with the approval 01' the Govelnmcnt, direct :n&i-- ~owers, (a) such of the pahers a3l.d duties corlferred or imposed upon the Board by or under this Act as may be specified in ,uch direction, may also be exercised or pcrformed by the Chairman : (6) such of the powers and duties conferred or Impabed or; tIlo Chuirnla~r by or under this Act as mmy be Jpecified in such dircctiun, nay albu br: cxcl~iscd or performed by the Chief ExecCive Officer, subject to such conditions a.nd res- trictions as may be specified in such direction : Provided that the Chid Executive Officer shall exercise the powcrs and perform the duties specified in the direction, subject to the supervision and the I control of the Chairman. Outks cr / 16. (1) It sball be the duly of the Chairman and the Vice-chairman to attend Chairman. every meeting of the Board unless prevented by sickness or oiher reasonable cause. # (2) The, Chairman shill exercise supervision and control over the acts of all employees of the Board in the matters of executive administration and i~ mattas concerning the accounts and records of the Board. STAFE' OF THE BOARD. Chicf Executive and other 1 17. (1) (a) The Governnlent shall appoini a peison, having experience in o@ama nd ' ci qil works, operation and administration of ports, to be the Chief Executive Officer m t sof of the Board. bad. (b) The conditions of service of the Chief Executike Officer shaIl be I such as may be prescribed in the rules. (2) The Bolird nuy create posts an@ apppitlt svch otl?c~ oRicers and servants as It considers necessary, In accordance wlth the regulation made i n this behalf, for the =ffic~entp erformance of its functions. (3) Notwithstanding anything contained in sub-section (2), the Board ma,, with the pre+ous approval of the Government, sanction the creavon of, or appolnc any person to, any post the maximm monthly salary of which exceeds tho thousand rupees. I (4) The remuneration and other conditions of service of the officers snd servants of the Board shall be such as may be p~escribedb y regulations. Power to make rppolut~nals. 18. (1) Subject to the provisions of section 17, the pomer of appointing anv prson to any post, whether temporary or permanent, shall,- (a) in the case of a post, the incumbent of which is to be regarded as the head of a department; or the maximum of the pay-scale for which (exclusive of allowance) exceeds two thousand rupees, be exercisable bq the Government In consultation with the Chairman ; (h) in the case of any other post, be exercisable by the Chairman or by such authority as may be prescrikd by regulations : Provided that no person shall be appointed as a pilot at any port who is not, for the time being authorised by the Gtlvernment under the Indian Ports act, to pilot vessels at that Port. (2) The Government may, by order, specify any post, the incumbent of which shall, for the purpose of this Act; be regarded as head of a department. k TAMIL NADU GOVERNMENT GAZSTTE EXTRAORDINARY 17 ?- -- ! CHAPTER IV. PROPERTY AND CONTRACTS. Transfer of 19. (1) As from the appointed day, in relation to any port,- assets and (a) all property, assets and funds and all rights to levy rates vested in the IIabilitiesacd Government fer the purpose5 of the pan immediately before such day, shall vest ~ ~ & ~ $ ~ ~ ~ % i in the Boaid ; (h) a11 debts, obligations and liabilities incurred, all contracts entered into, (0 Hoard. and all matters and things engaged to be done by, with or for the Government immediately before such day, for 01. in connection with the purposes of the port, shall be deemed to have been incurred, entered into and engaged, to be done by, vith, or for the Board ; i (c) all non-recurring expenditure incurred by the Government for or in connection with the purposes of the port upto such day and declared to be capital expenditure by the Government shall be treated as the capital provided by the Government to the Board ; (d) all rates, fees, rents and othersums of money due to the Government ir? relation to the port inlrnediately before such day, shall be deemed to be due to the Board ; (e) all suits and other legal proceedings instituted by or against the Govern- I ment immediately before such day for any matter in relation to the port, may,be contillued by or against the Board. 4 ransfer of 20. (1) (a) As soon as may be after the appointed day, the Government may, setvice of dter consulting the Board, direct, by general or special order, that such of the employees of the Governinsnt who inmediately before the appointed day were serving ern"-' under the Government s~lelyo r ixaidy for or in comection with the affairs ef the port shall stand ailottrd to serve in connection with the a3airs of the Board with &ect on and from such dste a, nray b.: s?scih~d in such order : Provided that no such order shall be issued in respcct of any such employee without his consent. (b) With ell zct on and from the date specified in the order under clause (a), the persons specified in such order shall become employees of the Board and shall cease to be employees of the Government. (2) Every person refemd to in sub-section (1) shall hold office under the Board by the same ten~,re,a t the same remuneration and uwn the same rights and privileges as to pension or gratmty, a any, and other matters as he would have held the Sam= on the date specified in the order under clause (a) of sub-section (I), as if this Act had not been passed. (3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall 1)e the liability of the Board. (4) The sums at the credit of the provident fund accounts of the persons referred to in sub-section (1) as on the appointed day shall be transferred to the Board and the liability in respect of the said provident fund accounts shall :b the liability of the floard. (5) There shall ,oe paid to the Board out of the accumulations in the super- annl;:ition fund and other like funds, if any, of the Government, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in sub-section (1). The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be est,blishcd by thc Board for the benefit of its employees. Ex~sting raw, 21. As from the appointed day, all rates, fees, and other charges in relation rtc. to continue to any porc shall, unless and until they are varied by the competent authority in utnil altered accordance with the provisions of this Act, continue to be lcv~cd mad-oolleated OY Bo"d* at tne same rate at which they were being levied and collected bv the Governmenr before such day. Repayment ot 22. The Board shall repay, at such intervals and on such terms ana conditions capital with as the Government may determihe, the amount which is treated under clause (c) 'ILterest. of. sub-sction (1) of section 19 as capital provided by the Government, with interest at such rate as may be fixed by the Government and such repayment of capital or payment of inteiest shall be deemed to be a part of the expenditure of the Board. procedu1-0w bea t~ar A C ~I of 23. Any land or any interest thereig requirrd by the Board for the PUrpOW ~ ~ ~ ~ a m a . 594. of thls Act, may be acquired under the provision of the Land Acquisition Act, ~JC 1894. by agreement. Execution of 24. (1) The contracts or agreements shall be made or executed in accordance and wlth such rules as may tie prescribed. agreements. ' (2) A contract or agreement ma& or executed in cohfravention of the pro- visions ot thie Act or the rules or regulations mado Weunder sh not be binding c,, the Boaxd . ,- ..., +:,., ,,., > t - 1- .l -1C ,f rl-rn P.rqrd 1 - 8 TAMIL KAdU GO~IERN!MENTC AZE' . iT -.. I .- : - t:X r i (;~. . i .. l -ji-I' ~,. I<Y - -- -- -- - -- - - - .rrrr-- ,* r * , -". ,. P B o o w ar e d r t o o f execu 25 te . s ( u 1 c ) h T w 7 o 1 r c k B s D , L v I i .- t ? h i in n l o y r , 3 s u u t b s j i e d c z t t h to e l a i n m y i ts o h * t; r l I c .: 2 v ,) f :: a (-i d ll : i , , . . - ' , i , I . * r : J , : . . , .~~L. L . executeworks as it may deem necessary 0:-e xpedient. and provide ~pplianc-. (2) Such works and appliances inrl:~. i.lclc!d% - (ii) ::lrl;'~rveq, CJLI,Ld:Io~c,k $, st?.ses, jc:;ics, 2;~:;. ." , ., -,G c 1%~: other wsrks within the port or port approaci-:s ar .>11 ih:: ig. *, *)b t11~ or port approaches, with all such conven~eut rchas, cln:~fis,l ~ l ~ dLill,c-~~z~s a , t :ifj. fences, roads, bridges, tuqncls and approaches and buildings icqWi:\l L,: CiIC rcsi- dznce of the employees of ths b * m rd as the BoLr d ma11 consider i>CGi>j.b'j ; (b) buses, l?corIrtives, rolling stock sheds, hotels, warehouses and other accommodation ".r passengers and goods and other applizucz~ far caqmg passengers anu for conveying, rec:iving and storing goods landed or to be sh~pped'or otherwise ; (c) mooring and cranes, scales and all other necessary means and appliances for loading and un-loading of v~ssels; 4 (d) reclaiming, excavating, enclosing aud raising any part of the foreshore of the port or port approaches which may be necessary for the execution of the works authorised by this Aci or otherwise for the purposes of this Act ; 1. i (e) such break waters and other works as may be expedient for the protection of the port ; (f) dredgers and other machines for cleaning, aidening, deepeni~iga nd improving any. portiou of the port or pol% approaches or of the foreshoxe of the port or port approaches ; (g) light-houses, light-ships, beacons, buoys, pilot boats and other appliances necessary for the 'safe :navigation of the port and the port approaches in so far as it relates to Stqte functions ; (h) vessels, tugs, boats, bar es and launches and lighters for toe use within the limits of the port or beyont~sel imits, whether in territorial waters or otherwise, for tho ~pqoseo f .toying or rendering assistance to any vessel, Whether enteiing or leapgthe port br bound else~wh7er e and for the pqose of saJibg or protecting lffe or property and for the of landing, sh~pping or transhipping passengers or goods under section 3 of ~ b o ~ : a -. C Q U ~ ~ ~ Wm,iu ntenance and use of boats, b$\z%t other arnIipn3 for t e pmpqse of the supply of water at the port ; (J) engines and other appliances necessary for the extinguishing of - fires ; (h) lands abutting the sea ccast including cnmks ; ..- --"-r.sT-i t ' -7.c (1) ferry oats and other works and equipmeut appertaining to the running ferry service at or between the poi-ts ; % (m)c onstruction of models and plans for cxrrying out hydraulic studies : and (rs) dry doc~s,o lpways. mat Dasl ns ana wor~shopbto cdrry out repairs or overhauling of vessels, tugs, boats, machnery cjr other appi~a~lces. #.*. a:. .- 26. (1) The board may undertake to carry out on behalf of any person any Power o: Board t, undmake works or services or any class of hrkso r services, on such terms and conditions etain norkb. as may be agreed upon between the Board apd the persons concerned. -- ,J TAMIL NADU GOVERNMENT GAZETTE EXTRAORDlhARY 19 I1, - ---- -. . -- ---- (2) The ~oardm ay, if it considers it necessary or expedient in the public ~nterest so to do, lend any of its vessels or appliances or the serviw of any of its e~nployees to any person for such period not exceeding three months and on such terms and conditions as may be agreed upon between the Board and the persons concerned. 27. (1) When any dock, berth, wharf, quay, stage, jetty, pier or placa ' Powa of Baue ' of anc lorage erected at any port or port approaches under the provisions ' to orda see. ,- of this ~ c htas been completed with sdiicient warel~ouses, sheds and appli- going vtweb ances for receiving, landlng or shipping goods or pafsengers from and upon to use dod*y. wkarves, sea golug vessels, the .Board may, after obt$ning the aljproval of the Collector . . sf Customs and by notification published In three comtive issues of the Tamil Nadu Governmen1 Gazette, declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing and shipytn! or for landrng or for shlpping goods or passengers from and upon sea go~ng vessels. (2) As from the date of the publication of such notification for the third time, it shall be lawful for the Board from Ume to time, when thefe 1s room at such dock, berth, wharf, quay,. stage, jetty, pier dr place of * anahorage to order to Gome along side of such dock, btrth, wharf, qwiy, stage, jetty, pier or place of anchorage, For the purpose of landing and shippi* goods or. passengers or for lanhng or for shipping the same, apy sea Wang vessel wlth~nt he port or port approaches which has not cornmen- .ed to discharge goods or passengers or wMch belng about to .take in goods er passengers, has not commenced to dp ,sq : Provided that before making such otder, the Board shall have regard, as far as possi~let, o the convenience cf such vessel and of the shippers, in reepect of the use of any partxular dock, berth, wharf, quay, stage, jetty, pier or place of anchorage : J a. Provided further that if the Board is not the conservator of the port. the Boar4 shdl not itself make the order as aforesaid, but shall requirt the conservator of the port, or ather person exercising the rights, powers and authorities of the conservator of the port to make such order. 28. When a sutficient number of docks, berths, wharves, quay,% tages, Sea gurLg jetties or piers have been provided at any port or port apprcb:hss, the Board to use my. after obtalnlng the approval of the Collector of Customs and by noti- docks, wharv~s, Scation published in three consecuuve issues of the Tamil Nadu Government etc. Gazette, direct that no goods or passengers shall be landed or shipped from gr upon any sea going vessel with the port or port approaches otherwise than at snch docks, berths, wharves, quays, stages, jetties or piers, except with the mnction of the Board and in accordance with such conditions as the Board may specify. 29. Any offcer appointed by the Board in this behalf, may, in cass powa c :c t. of einergency or for any reason which appears to him sufficient, by notice zvBcns:szd s no1 tc :t;yid0 in writing, order the - aster or owner or agent of dny sea going vessel not ,,!,-,,, ,, to bring such vessel alongside of, or to remove such vessel from any dock, f,,, berth, wharf, quay, stage, jetty, pier or place of anchorage belonging to or docks, wba~rer. under the control of the Board and if, such notice is not complied with, the Board may charge in rospect of such vessel such sum as it thinks fit, not exceeding one thousand rupees for each day or po~tion of such day, during which such vessel remains at such dock, berth, wharf, quay, stage, jetty, I pier or place of anchorage : Provided that in the case of a vessel ordered to be removed, such charg:: .,hall not commenae to be made till ~ftetrh e expiry of twelve hours fro111 the service of such notice on the master or owner or agent of the vessel. 30. tdotwithstanding anything contained in section 27. of 28, the Govern- p,rwel of meat may, if in their opinion, it is necessary in the pubh Interest SO to do merit to exempt by general or special order, from time to time, prmit oertain spified vessels wswk from or cla~seso f vessels to discharge or ship goods or oartain specified) goods or owbhlaigravtuio~n,e t ctc;. of gu,;ds at such place in a port or within th; port :tppra.~cnc,. iii ..!!:i? ;1?.1:1i!t:!. during suL,, F2:,,2d uud subject to such payments lv ;he 13~L!r~;l.1 1t1 L I. 1.11 .,),!Li",~~:* as ~;;,~~~;~:!atli,~! :,tth ink fit. Soar& to 51. ,*, ,;ll.:r. ally duci. berr!~, nh;;:'.qua.. sisge. jetty, vcr UP. :ICicc ut .,..~!li.c ;:.. agc: :VL declare when receiving, lnlldiny or zhipmcnt of goods or passengers from oi. I!;;):, \ic,,.\.!, , ;I,:, ..<I,,,.~. .L:I vessels other go,ng vcsscls, l,as becl, 'made atid completed with all prep-r ;ipp!iai;ct.~ I:; .. , :hs:..~ .r !f, i-,: than sea going Dourc[ niay. aftel. c;bi;tininL the ~lpproval of the C'c~llccto~<. )I' c !I:,!, ,!:a >. I-> i I' , ,, , h:,: in the Tanli! A;adci (;~vcft~tnenC!a zctte,- vessels , . ,. compelled to use dock, wharves, etc. lo) cleclaie th,!i such dock. b rth, wh.lri qu.i:, .I )pc . I , / * ancholage is ready fcr ~eceiving,l anding or shipment ot roc~cl,0 1 p.', , , , , , vzsscl not being jc2, ping vessels. and (6) tlir;ct that, u~irhinc ertain limits to be sp..cified thereirt. il ihC~1 ; ! I. )! I:,: J;iuS I~! wir!,out the zxpress sarrctfon of the Board, to land or ship aiiy 9ocdc. cii- !i.i\\.: iye:.s. oi,! > :: or into. any vessel, no: being sea going vessels of any class specifietl in :;~~i-h~ II-tic!-,. \c,~pi at ,such dock. berth, wharf, quay. s:rge. jel.ly, pier or p1a:e of ;tnchoi,uge. +i3 '(23 AS from the , ('at< of the publi~ati(lqc f tl~ec r,:er nlr:;tioncd 111 \ub- sectl~r. ,(I), it shall not be la~ful, without the col'lsel t f ih~' Board. t for any vessel specified in sukseri)lonL(1 )- I G e., - 14' (a) to land or ship any goods or passengers at any place within the Iimtts s;g specified except at such dock, berth, wharf, quay, stage, jetty, pier or ,place oS . a. nchorage. and . .* . (b) while within such limits, to anchor, fasten or lie withill fifiy >:::& oi the oreinary low-water mark. (3) ]f, after the publication of such order, any such kessel, ancilols, fastens or lies, ivithin the limts so specified, it shall be lawful fcr 111e Eoiird to cause the same no be removed out of the said limits nr the cxpon5e of the master or owner or agent of the vessel. , .,c 32. (1) The Board shall have power lo undertake the following survices *vices by namely :- Board or otk pwron. ' @) ~t~hedoringIn nding, shippins or transh~pptng passecgels and go+s be;tween vessels in port and the wharves, piers, quays cr docks belong- ing to c: in the possession of the Board ; (b) receiving, removing, shifting, transpor:ing, stcrir,g cir deliverjng goods brought within the Board's premises ; (c) carrying passengers within the limits of the port or port approaches, by s,;c]m~ eans a:ld subject to such restrictions and conditions as the Government may thifilc fi~t o impose ; and (a, pilotmg, hauling, mooring, re mooring, hooking or measuring of vessels or any other service in respect of vessels. (2) The Bcasd may, if so iccpaslcsr by ih.: o+,f jel, t:.v.- ciLL , : - , $he goods for the prlrpost: cf perforlxil:g the servict 'L:.J \i,, !I .. 1 #: in such form as t>e Board may zpecify. (3) Notwith\:;tcdiiig i~nything cc,nt;lincd 611 Illis SCC-~Cf,h:c, . 71 :,:d 11 authorise a1.y person to perform any jf the serv~ccs n~c:lcic,~~c 1 d 11 , ! I Secticil (1) on such terms ard conditio:~a s rnav be agleed upon. ! ' 1 (4) No purson authorissd ur?v .?\h-secticxn (3) shall charge or recover for such service any sum in excess of the amounl 1ovinLie according to tit2 mle framed under secuons .Ti. 3%. or 40. I -- a TA TtlIL NADU GOVFRh MEhT GAZETTE EXI'RA0RDlNAR.Y - 2 - -. ' ' - .* .. ., v. (5) Any such person shall, if so required by the owner, perform in respect of the goods any of the services and for that pqose take charge of the goods and give a receipt. in such~forma s the Board may sgecify. (6) The responsibility of any such person for the l.oss, destruction or deteri- oration of goods of which he has \taken charge. shall, sgbject .tot he other provi- runrsl IX of sions of this Act, be that of a bail- under *$ions 151,152 and .1 61 of tho ' 1872. Indian Contract Act, 1872. 8 (7) After any goods has been taken charge of and a receipt given for them under this section, any liability fdr any loss .or damage qhicb may occv to, them shall attach to the person to whom a receipt has been given or to the.,n,laster or owner of tbe vessel from which the goods have been .landed for trans-. . 5 ~~~~~~~~ I 33. (1) Subject to the provisious of this Act, thc responsibility of the Board for the loss, destruction or deterioration of gooJs of which it.1las tzken charge ttrc..or shall,- goods. (11) 111 rne case of goods rlccned for cxriage by railway, be governed by ;lie pruvisions of the RailwcLyAs ct.1 989; and (b) in other cases, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 18'72, as if the woxs " in the absence of any spc cia1 contract" in section 152 of that Act had been omitted : - Provided that no responsibility. under this section shall attach to the ~ o i r d (;) ur.:~l a rrs-.;pt mentioned in sub-sectiox~(2 ) of section 32 is given by the Board ; and (ii) after the expiry of such period as may be prescribed by regulations froin the date. cf taking charge of such goods by the Board. (2) rhe Board shall !lot be in any way ~.csponsib!e for the loss, destruclicn or dzter:ci~ationo t, or damage to, the goods of which it has taken charge, un!ess noticc oi such loss, destri~ction or deterioration of or damage has been given witllin such penod as rrlay be prescribed by regulations n~rdcin :his behalf fro 3 ti~c date of takilig charge of such goods by :he Roarii under sub-sectior? (2.) .->r section 32. 34. (1) Wiicre the Collector ot Customs has, under th* provisions of any Accomodatio Act for tile levy ot duties of customs, appointad any dock, berth, wharf, quay. stage, jelty, pier. place of anchorage, warehouse or shed or a portion of ally, warehouse or shed provided :ti any port' under the provisions of this Act for the use of ss.:-goin'g ~~esselsto be an approved place for the landing CL shipping of goods or a warcho~lse fo-. the storing of dutiable goods on the first im- portatroz r heresf &ithout payment oi duty, within the meaning of the first nzentlol~edA ct, th:: $6wd shall set apart and maintain such place on 01 adjoining suci? do&, ~vl1ar1q, uay, stl~eje,t ty, pier or a p!ace of anchorage or m :.uch warehouse or shed or portion thereof, for the rtse 05 officers oi Custon~$a s may be necessary. (2) Not:vithstanding that any dock, berth, wharf, quay, stage, jetty, pi-, place of ancho:age, warehw~se or shed or portion thereof at any port has, under the protisions at sub-section (I), been set apart for the use of )he officers of Chstorns at the port, all rates and other charges payable under this Ac4 in respect thereof, dr f-ort he storage of g d st herein, $hail be payable to the Bpard, or to such person or persons as may be appointed by the Board'to redve the samp 35. (1) No person shnM make, erect or fix, W thin the limits of the port or pol; Power to p~ approaches, any whzrf, dock, qusiy, stage, jetty, pier, place of anchorage, wec- erection cf tloil or lnooring or undertake any rec:arnatian of foreshore wlthln the said Pi'iVdiewhm li:nitr rxcgt with the previ ,us permission in writing of the Board and sub.i,ject tu a - - - , - - . ,--.- - . - ' 2 ~ . 2 :k BLWS I GC- 22 TAMIL NADU GO\ ERN MENT GAZETTE EXTRAORDINARY -- - - - - - - _ I _ . - (2) If ally person makes, erects or fixes ally wharf, dock, quay, slagc, jetty, per, place of anchorage, erection or mooring or underta.kes reclamarioll of foreshore in contravention of sub-section (I), the doard may, !q notlce, require such person to remove it within ouch time as may be specifier1 111 the notlce and if the person fails to remove it, the Board may cause ~t to be removed a: the .rpense of that person. G ornwosatiom. 36. (1) Where, as a result of an order pablisiled under scc~~'8o, ~l c .1 ,zcllon 31, the use of any wharf, dock, berth, quay, stags, jetty, pier or pLace of dorage, made, fixed o erccted by any person is rendored unlamful, ~lleB oard may, after hearing the per,on cdncerned by order, close, remove, fill up or destroy such wharf, dock, ber~h, quay, stage, ptty, pier or place of ancho- rage or prrnit the use therzof to such person on payment of such rates and oharges as the Board may, with the previous saltction of the Government, deter- mine. (2) Save as otherwise provided under sub-section (3), no person shall be entitled to claim compensation for any injury, damage or loss caused or alleged - te have been caused by an order made under sub-section (1). (3) If ~t is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty, pier or place of anchorage was made, fwd u ereoted by any person ~ i t tbh e previous permicsion of the author~ty competent I to grant such permission, he shall be paid by the Board compensation of the amount which shall be determined in the manner and in accordance with the principles hereafter set out, that is to say-- (a) in computing the compensation, there shall not be taken into account aay rates or other charges which such person shall be liable to pay for using any wharf, dock, berth, quay, stage, jetty, pier or place of anchorage, provided by the Board ; i (b) the a mount of compensation shall be calculated with reference to the ost of construction of such ~harfd, ock, berth, quay, stage, jetty, PIC, or place of amdorage ; i (0) where the amount of compensation can be fixed by agrcement, it shdl be pald in accordance with such agreement ; (d) where such agreement can be reached, the Government shall IN appoin~ as arbitrator, a person who is, or has been, or is, qualified for appointment as a Judge of a High Court ; (e) the Governmelit may, iil any particular case, nominate a person possessing special knowledge of any matter relating to any case under inquiry to assist the arbitrator in determining any aue;tion which has to be decided by him under this section, and where such nomination is mzde, the person to be compensated may also llornir~atea n assessor for the same purpose ; (f') at the comme.1cement of the proceeding before the arb~trator,t he Board and the person to be compensated sh;: state what in their respective opinion is a fair amount of oompensation ; (g) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persans to whom such compensation shall be paid ;

(h) where there is a dispute as to the person or persons who are entitled ta tbe compensation, the arbitrator shall decide such dispcte and if the arbitrator finds that more persons than one are entitlsd to compensation, shall appo;tien the amount thereof among such persons; (i) nothi- in the Arbitration Act, 1940 shall appb to arbitrations fz%le~ct X vnda this sdoa3 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 23 e" - II - - C (j) the arbitrator app~inted under this section, while holding arbitra- ~ M V tio n proceedings u.-d*zrt his Act, shall have all tho pJwers of a Civil Court lm. while trying a suit under the C3d.3 of Civil Procedure, 1938, in resp:ct of the following matters, namely :- (i) qummoning and enforcing tht; attendznce of any person and 'exami- ning him on oath ; (ii) requiring the discovery and production of documents; (iii) receiving evidence on 18tidavits ; (iv) issu~ngc ommissions for examination of witnesses or dacume*ts. (4) Every award shall also state the amount of costs incurred in the arbitration prodings und.=rt his section and by what p:rsons and in what propor- tions they are to be paid. (5) Any parson aggrieved by an award of the arbitrator made under this section mly, within thirty days from the date of the award, prefer an appeal to the High Cnllrt within whose jurisdiction the pxt is situated : Provided that the Higb Co~rmt ay entertain the appeal after the expiry of the said. p:riod of tbirty days if it is satisfied that tho appellant was prevented by sufficient cause from filing the app3al in time. 24 T-f - TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY ---41 .-- '- - --- -- - CHAPTER VI. 1. IMPOSITION AND RECOVERY OF RATES AT PORTS. Wrofnt& 37. (I) The Board shall, frcm i.ime to tire, frame a scale of rates at wbich and a statement of the conditions nr.der which any of the st:rvices specified her&- under shall be ie rfc rmed by itself or any perscn authcriscd urder secticn 32 at or in relation to t e port or port zpproacbes- (a) transhipping of passergers cr got ds between \essels in the port cr port approaches ; (b) srevedoring, landing ard shipping of pawngers or goods from or to sucb vessels, to 01 from any wharf, quay, jetty, pier, dock, berth, nlooring stage, or erection, land or buileing in the possession or occupation of the Board or at any place wilhin the limits of the port or port approaches; I (c) cranzge or porterage of gocds on any sucb place ; (d) wharkage, storage or demurrage of gocds on any such place ; " 39 @ (e) any other service in respect of vessels, passengers or goods excop- ting the services ie respect of vessels for which fees are chargeable under the I~dian Ports Act. (2) Diiferent scale of rates and conditions may be framed for different classes of goods and vessels and lor difl'crcnt ports. ;Yeah of rates 38. (1) The Bcard shall, frcm t~mteo time, also irame a scale of rates on p~y- uxl condition ment of which, and a statement of conditions under which, any property belonging fix ure of to, or in the possession or occupation of, tht Board or any place within the limits EZ? ~f the port or port approaches may be used for the pLrposes specified hereunder :- Of ~9 r (a) approaching or lying at or alongside any buoy, mooring, wharf, quay, pi%, dock,, land, building or place as idoresaid by vessels ; (b) entering upon or plying for hire at or any wharf, quay, pier, dock, land, building, road, bridge, approach or place as aforesaid by animals or vehicles carrying passengers or goods ; (c') leasing of land or sheds by owners of goods imported or intended for export or by steamer agent ; (d) any other use of any land, building, works, vessels cr appliances belonging to or provided by the Board. (2) Different scale of rates and conditions may be framed for different classes of goods and vessels and for different ports. Rate for 39. The Board may, from time to time, frame a consolidated scale of rates ~ornbinatio~ for any combination of #he services specified in section 37 or for any combination of ~avicc8. of such service or services with any user or permission to use any property belon- ging to or in the possession or occupation of the Bcard, as specified in section 38. 40. In framing scales ni rates under any of the foregoing provisions of this Concaaona sat.s. Chapter, the Board may prescribe a lower rzte in respect of- I I (a) cAasta1 goods, that is to say, goods other than imported goods as defined Cenua, in the Customs A%t, 1962, carried in a vessel from one Indian Port to another A,., 2 Gr Indian Port : 1 1962. . I Provided that the Board shall not make any discrimination between one Jnjlan Port and one another such port in prescribing a lower rate under this seotion; t .., b" (b) other goods in special cases. - - 7 ,- VERi4 MEFIT- G - A - . Z ETTE EXTP,AORDINAR~ --- -- 41. Every scale of rates and every sf;~ferrenotf conditions framed by the Board Prior saoc ulldar the foregoing provisions of this Chapter zkc I'r Le sulxktcd to tl,e Government 0fGovernl for sanction 23d shdl hrve effect when so sa~ictioned2 nd published by the Board ~ ~ ~ $ o ~ ~ . in the 7nnlfl Nadu Government Gn;rtre. 42. (1) Whenever the Government c~nsideri t necess?.ry in :I. public inter-:: poWot so to c'o, they my, by order in writing togetl-er wit11 a .*.tement of reasons therefor, Governmen direct the Boa1.d to cancel any ~f the scales in fcrce or rncd~lyt he same within sueh resujre period as the Government may specify in the order. rnodlficatior Cancellation (2) If the Board to whorrr a direction is given under sub-section (1) fails or of rates. neglects to comply with such direction within the specified pericd. the Government es or make such modifications therein 2s they may think Pravided that before so cancelling or modifying any scale, the Government shall consider any objectio~oi r suggestion which nlay be made by the Board during the specified pcri -d. (3) When, in pursuallce ot this section, any of the scales has been cancelled or modifrcd, such cancellation or modification shall be published by the Govern- ment in the Tamil Nadu Governrn~ntG azette, and sball, thereupon, have effect accordingly. I 43. The Board may, in special cases, and for reasons to be recorded in ' writing, excinpt, either urho!ly or partly, any gcods, vehicles, or vessels or class of Rer.ission of goods, vei~icleso, r vessels from the payment of any rate or of any charge leviable in ~ ~ ~ ' g ~ ~ , respect thereof according to any scale of rates in force under this Act or remit the whole or any portion ef such rzte or charge so levied. 44. No person shall be entitled to refund of err overcharge made by the, Board unless his claim to the refund has been preferred, in writing, by him or on his Rebdo f ov behalf to the Board within six months from the dz.te of paynent duly supported by a11 original relevant documents : Provic'ed that the Board may, of its own motion, remit overcharges rade in its bills at any time. 45. (1) When the Boarc! is s~~tisfiethda t any charge leviable under this Chapter Notice of has been si~olrev~ie ct UL.L I I or t~t~l(brleyi ~mdedi,t m2.y issue a notice to the person who c p h W arg y es m sh ort is liable to pay suoh charge or to whom the refund has erroneously beein rn%de,.re- levied or quiring him to show cause why he should not pay the amount specified in the notlce: erroneously refunded. Provideti that no suoh notiae shall be issued after the expiry of three years- (a) when the charge is short levied, from the date of the payment of the (b) wkere a charge has been erroneousIy refunded, from the date of the refund. (2) The Board may after conside!ring the representation, if any, made by the person to whoh notice is issued uirddf sub-scction fl), determi~et he amount due from such person and thereupon SUCH person shall pay the amount so determirled. 46. Rates in respect of goodd to be landed sht?:ll be payable immcdistsl~O n the Tief or landing of the goods and rates in respect of gocds to be mmo~edfr om the premisas pa~ePIo*f of the Board or to be shipped for export or to be transhipped shall be payable before the goods are removed, s h i w o r transhipped. 47.(1) For the amount of all rates leviable by the Board under this Act in respect ~oard'sli en of any goods and for the rent due to the Boarc for' any,building, pUntb, stackrng forrates* areas or other premises on or in *hi~li.d nj gocds may have beea placed, theiB0ard shall have a lien on such gocds and may seize and detain the same until ,such ratts and rents are fully paid. (2) &I& lien shall have pridrityl over all other liens and-dds, ~ ~ e pfobr' general awkpt and for the ship ownerfs lien upon the said gadds for f.el&t and other chargk whuo such iiea exists' aiilarWb een pres~cdin the manner plbvided - 26 TAMIL NADTJ GOVERN !'dENT GAZE ... T -- T -- E EXT RAOR .-. I >-[ -- N ARY - - .- - -- -- - ", ----- I- I in slb-sezion (1) of $3: i3n 4{ ald far m71ey p tyd'~lct~ th~: C:,ltr~lG ~vur~.ment undx aily law f,r rha: ?Ira: b:i.~-, II f*>ic>r,o lat.inz 7 I c?lflorn\ other ti12 7 by way of p:t.ilijr 3; 5 1.: .LP~ 1.3 ~11:G ~v.cc.I.I~:.LI~~, ld:ra lly id\$ f ~tirp: tlm: b;: ' force. I Sbip owner's 13. (1) If th: inlsto: 3. o\ul~3rf 3x7 1,:uel 3r li, ag:?: st or li):;)il> ~!13t illle Uen for of land~ilgfr om s3;:~ v<:;,.;~:ls n.ld , s j~I-1,1' J~lyd ,ck, vI1-~rfq, L~J, s ,a:; i t-i, b~rth, f o r t e h i e g r h t c h a a n r d g ' e s ' . m> .iilg ar piar b:l3.1:i1g :,I . 1.1 3s: ~pltionor " ill: 333rd gtvo\ : ilt: Bard a noticc in wr~ii,lgt ir~s~vt . .~ c~j ~ oardc , (3 i:mlin s L 3j:c; LO ii itcrl F); i';:cglli or othi:r ci1lr.g:~ p ry~b!; J rr: ;:l~pa w.l.:r, t 3 ail nil 3.1 ~t LJ b; 1112 li 15il:J 111 SLLC~I notice, s.~c!l g ~ ~5.d111,1 c ~.ltl.l&: L; b.: liable t:, s ~ z h11 2~1[ a s.id .LI~r. ~.lt. (2) Th.: zmds shall b: iatained in the c~rtcd.y ot the Baar : at tlv: risk and expe I.+: $)f .;P: o v.l~, of 1Ir: g33di LL;I~I ! .; 121 I 3.1 is ' iwli :. g:.:d l., !I ' . i ufter m~:ntioncd '11.d 2 d )V,II a,d .i.~r,Lg: r~ilts iubll b,; p ~y~~bbyl l1:11 : l~.trtyc 1titl:d to aucb goods for the ti~llcd iring wllicil tllcy may bi: s~ rc~ainc~'. (3) Upm tb: p: rd tion on baf~rea ny officer ~pp~i.~ibeyd llle f%): lrd in that k,o:%alf of a d>c.a~i~,p ti.p~r;ingt o a receipt foi, or rebase fioln, tho am3Unt of S~C!I ' exccutd by tb: p:.-s31t by whom or an wi~sebe !~dlf SJG!~ , lJticr: ~LTS been glven, the Board may p:mlit such goods to be rorn~v~ud it hout rcglrd to such lien, provided that ;he Board s'lall have used ~easo.lablec arc 1s resp:ct of the a;Al~e.~:icityo f sac11 dxum:.lt. Sale of goode 49. (I) Til? 13 ~1 111 ~ j , L ,:f -r '11: :~p;!+oyf tw I 111 )IIL:,Sf r,,i.l 111.: linll: when a m o f r t m e r r e t n h t t w s a o i r f e r a n t o e t s a o n r y h g ~ 3 a a r d dx ~ i s 1 1 g, . 3 1 c ~ l p , ~ ~, . , l : f ,1 *:i 1 " 1. 1 : ' , \ :x , 2 1 i :- ~ y ,i o j f d ;, S I~C il ; l ~s ~ t z 1 - 1 i 1 t c e ;! r ,C p:riod ; i:ii n II o IA t I , bi J n I g I ~PC l ~ e ! s i s d l t a h b a l n e paid or lien for twenty four h~ursa,fi 1:r the l.l;zJi,ig uf the animq.1~0 1.g ood, as t h B~o ard may think keI&h&;$t fit, sell by nlblic asction or in such cases as thc B md cancidcrs it necexiry ,o to do, for reas )ns to be rocal-dcd In writing, sell by .ot~d~pii,iv aio agraclnent or in , any other manner suc11 goods Qr so m1jch there~fa s in tile opini~no f th.: Board ; may be n-sry- ! (a) if any rates payable to the Board in respect of such pods havc not been paid, or -- (b) if aty rszt plyal,la to the Board i:~ resp:ct (3f any place sn or in which such gmds have been stored has not bosn paid, or . (c) if any lien of any shi owner for freight or other charges of which notice has b,aa given has not been &charged and if the p:rsDo claimin2 such lien for freight or oth4x charg~sh as made to the B33rd an applimtion for such sale. (2) Before m~kingsl lch sala, the B~ardsh 311 giv: tan d.iys nstice of the qalne by publiaation thereof in the Tanzll Nadu GovernmL*ntG azette ?:~d a133 io atl53it O;L~ of the prinoipal local daily news papars : Provided that iil tha oase of animals and p,cishablo or hazardous goods, tha Board may give such short€ r notice and in such manner as, in the opiaion of the Board, the urgency of tha case admits of. (3) If the address of t110 owner of tha gooa.is] la$ b~anst ated in tha m~nifest of the goods or in any of l;ha do~utneiltsw hich havc oolna into ths possession of the Board or is otherwise known, n3tice shall also be givea to him b.1 latter delivered at suoh address or sent by pmt but the title of a Irma flde purcha5:r of such goods shall not bp: invalidated by reason of the omissio~tl o sand such notice, nor shall any suoh purchaser be bound to inquire whether suc:~n otice has b:el~ sent. (4) Notwithstanding anything contained in this seation, controlled goodo may ba sold at such time and in such manner as the Governmat may diicot. . - .. . ..,. .L Provided thlt where all the rates and charges payable under this ~ c int re spaat of any such go~dhs% ve5 33l paid, no notice of removal shall be so served or published under this s!15 sXtio?l unless two months hav:: expired from the date Jn which goods ware plsaed in the custody of the Board. (2) The notice referred to in sub-seation (1) may also be served on the agents . 1 of the vessel by which such goods ware landed. (3) If such owner or person does not comply with the requisition in the notice served U ~ O ?h im or publis4ed under sub-section (I), the Board may, at any time af~etrh e expiration of tw3 months from the date of which such goods were placed in its custody, sell thz goods by public auction, or, in such cases as the Board considers it necessary su todu, for reasons to be recorded in writiag sell by tender, private agreement or in any other manner such goods or so much thereof in the optniioa of the Board may be necessary after giving notice of the sale in the manner specif&+ in sub-sections (2) and (3) of section 49. a (4) ~ottvithrtaadinga rrything oontained in sub-section (1) or sub-section (a) the hard may in the case of animals an 1p erishable or hazardous goods give noticz or removal of such goods alth~ughth e p :riod of one month or as the case may be, of t ~mont hs spesificd in sub-section (1) has not expired or give such shorter notice of sale in such manner as in the opinion of the Board the urgency of thp case (b) corltrolled goods may be sold in accordance with the provisions of sub- section (4) of section 49. (5) The Government may, if they deem neoeasary so to do in the public interest, by notification, exempt any goods or classes of goods from the operation of this section. 5 1. (1) Th: p p~ceedso f every sale under secion 49 or section 50 shall be applied =I:'$ in the follow~i~gor dzr, namaly :- (a) in payment of the expenses <~tfh e sale ; (b) in pryn:.t:, s:s3rdi.~g to th:ir re;p:2iiva prioritias, of the liens and claim; ox:;ap:e3 in sub section (2) of ssction 47 from the priority of the lien of the Bosrd ; .: (c) ill ~~y.a:l3tf :!13 i-3:~an~d exp:n of iaild.i,lg, removing, storing or I ~nre:l,aj~il;ih : sm:, a2 1 or'sll Xher chargss dge to the B~drdin respect thereof ihduc'lng dam~rrage(o thsr thln the psnal asmurrage) payable ln respect of shch goods 12; J p:rlod of four msntbs from the dste of landing ; (d) in payment of any penalty or fine due to the Central Government uader any law f ~'trhe time being in force relating to c~~stom; s (c) in payment of any otner sum due to the Board. (a he surplus. if any, shall be psid to the imp2rter, owner or consignee the goods or to his agent, on an application made by him in this behalf within s:u ~,,,..~thfsro m the date of the sale of the goods. {I) Whero no app1i:ation has been mad3 under sub-section (2), the surplus %hall be app!i.d by tlie B~ardf or purposes oi this Act. rzs 52. (!) f: tile master of any vessel in resp;ot of which any rates or penalties O' are pAyablsu nd~rrh is Act, OL undar any roguiall~nso r orders made in pursuance trg therS9f, rd:loes ne&x~s io pay the sam: ol any prt thareof on demand, the dlstramtof vedlcb. L P-"" - 28 TA.M . IL W L - G 0L-E TTE EXTRAORDINARY __ --.. -_- _ - . . - - __-_- - - - - -- - - -- C * ^ Boaxd may, distrain or arrest such vessel and the tackle, apparel and furnit1 1e beloriging thereto or any part thereof and detain the same until the amount d c'ud"to'the Board together with such furthia.amoont,a s may accrue for any period, during which the vessel js under dihtrai'nt or arrest, is paid. (2) In cast, any part of the said rates or penalties or of the cost of the distrain or arrest or the keeping of the same, remains uapaid for a period of five days next aft? any such distrcin or iirrest has been so made, the Board may cause the vessel or other thing so distrained or arrested to be sold and with the proceeds of suah sale, shall satisfy such rates or penalti$ and costs,including the cost of sale remaining unpad, rendering the surplus (if any), to the master of such vessel, on demand. ' ' 53. If the Board gives to the officer of the Central Government whose duty Grant ofp ort dearam alter is to grant the port clearance to any vessel at the port, a notice stating- I mymcatof I mta. (a) that an amount specifledtherein is due in respect of rates, fines, perallics nalhation of or expenses chargeable under this Act or under any :rgulations or orders made dsmapcs, etc, I in pursuance thereof, against n~chve ssel 'or by the owner or master of such vessel in respect thereof, or against or in respect of any gocds on board sucli vessel ; or (b) that an amount specified thereinis due in respeat of any dzmage referred to in section 100 and such amount togethe1 with the cost of the prcceedings, for the recovery thereof before a Magistrate under that section has not been realised, su& o$cer shall not grant such port clearan? until the amcunt so chargeable or due hils been paid, or, as the case may be, the damage and cost have been realised. -- D7J GOVERNMENT GAZETTE E-X TRAORDINARY 29 ' &--- - 2 . - __I_ - . CHAPTER Y:I. BORROWIR'G POWERS UJ! LGAKI;. ., 24. (I) The Boald may raise loans with the previous sancti~n;f ihc Gcl.er%- Power torairez inent on such terms and conditions a%m ay be p~escribedb y the Government for bans- the phrposes of this Acr. (2) Loans may be raised by the Board in thc per! market on Board securities ( issued by it or may be obtained ~ioi:t~he Governnlen~o r any Bank or any iinancial institutions like All Icdia hnzncial Coi porations and State Finance Colporations approved by the Government. (3) Ths terms of ail loans shall be subject to the approval of the Government. 55.(1) The Board may, with the sanction of the Go- --'nrnent, prescribe the Boara form in which the securities of the Bbard sh'a1.1 be issued by the BoL.rd and the mode securities. in which, and the con"itions subject to which, they may be transferred. (2) The holder of any Eoard security in any form may obtain in exchange therefor, upon sdch terms as tlie Board may, from time to time, determine a Board secukity in other form prescribed by rdgulations. (3) The rigbt to sue in respect of money secured by the Board securities shall' be exercisable by the holders thereof for the time being without preference in r&mt .of prior'?ty of d&e. 56. (1) hotwithstanding anything contained in section 45 of the Indian ~ont'ractR ight ofjoin Central Act IX of Act, 1872- or several payees of (a) when the Board security is payable to two or moie p w n s jqinqy securities. an6 either or any of them dies, the Board security shslll be payable to the survivors of those persons, and I (b) when any such security is payable to two o; more persons severally and all or any of them dies, the security shall be payable to the survivor or $qrvivors of those persons or to the rev1 esentatives M the deceased or to any of them. (2; This section B s11 apply whether such death occurred 'or occurs before or after the ~ppointedd ay. (3) Nothing herein contained shtill affect any claim which any representative of a deceased person may have againathe survivor or survivors under of in respect of any seourity to which s3bsection (1) applies. I . < (4) For the purposes of this seqtion, a body ir.corporitte~o r deemed to be inc01~0ratCdu nder the Companies Act, 1956. ,Cr tht~ Timi! ~ a d uC o-operative (Lntral I or Societies Act, 1983 or any other enactmeut for the tlme being is 'fvrcz. whether 1956. ~~~~l Nadu 30 within: or outside India, -h:'l '7- ~ ~ eto' ddie when it is dissolvec!. d 1983. 57. Where two or more persons are joint holders of any Board security, any Powm,, of one or ona of those persons may give 'an'effedtual receipt for any interest payable in rwo ,mejoin, respect of such security unless notice to the contrary has been given to the Board nolr~emt o by any other ho1d:r. grant receipts. I 58. NotwitbstBndiqg anything in section 15 of the Negotiable Instruments E ~ Q ~ ~ " ,----fa\A ct XXV1 Act, 1881, no en'clorsement 'i3f a Board Wufify which 'is transferable by $endorse- t r o s be e m f ad f e f of 1881. merit shall be valid unless made by signature ot the holder inscribed on ths bck of surit~ the security itself. 59. Notwithstahding anything in the Negotiable ~nstrtime~tAs ct, 1881, ~ ~ d ~ ~ ~ ~ , , , Cantral Act XXV1 a person shall'not by reason only of .his Having. endorsed any Board, , secu& be security not, liable to pay anv rrone) due either as principal or as interest thereunder. liable for ., - , , , amount thacot. 60. (1) The signature of the personiut~orisedt o sign Board 'securities on behalf ~ ~of ~ ~ ~ , ~ i ~ ~ of the Board ma} be printed, on~aveqo r,elSk;t bographedo r impressed by such other signature on maohanical process as the Board miQ dir on such'seckities. ¶ccudtia. 30 TAM1L NADU CIOVliRN MENT GAXKI'I I( IiX'I'I<AOI< 1 I P 1 1 J 6 - . - , -- e -- - - -. - I - (2) A sigx~tur5~3 p:i.lied, ongravei, litliogr.~phed or otlicrwisc i~nplzssed shall be as valid as iT it had bse~ili lsciibed in the proper ilaild wriiing u!' :le person so autliarisd. hueo f 61. (1) Whs~an y hard s:cuity is albgd to 11 iv,: 'o~v,lid st or stolen 01 dcs duplicate troyed, either wholly or in p lit, and a p:ison claims to be :lie person to wholn but gmritia. for the loss or theft or dcstruc:ion it would be psyabl:., 11:: may, 0.1 application lo the Board and on produciilg p:dof fa its sarisfdciion oT ihb lo>s .Jr ~it:it or d:,~ru~tioo and of ths genui~le,~eosis' LU.: claim and on payment ji s~~fcwh,i i' any, a$ may be I prescribed by rsgolauons, obtai~flr om the Board an 3rde: for- (a) the payment ok interest in respect of t h ~sec urlty said to be lost or stolen or d:stroyed, p:nding the issue of a d iplicatc sec ~rity; a nd t (31 'h-: ~isiloo f a d tp:ic.ttc s:curity plyLLblteo tlie applicant. C (2) An order sball 1101 bc plssod under sub-s9:'ion (I) until attvr :he issdc by the Board of the natification of the loss or theft or d~->:iul;rioni ll the n~anner pres- cribed by regulations. (3) A list of s:s~:ities in mp:ct of whic: an %)id::i i plssad 1ri1d:r silb.section (I) shzll b: p :bli;h,>d 13s dch m 11.1:r cri ths B~drdm .rj p:ojsiibi: by regulations. (4) If, at any timo before the Board becorns discharsed uadcr the provisions of this Act from liability in resp::t of any security, ;he whole of which is allegca to have been lost or stolen or daitroyed, such security is found, any order passed in respsct thereof 1de1 this se-;tion shall be cancelled. - 62. The Board msy, subjcct to such condi ions as it may p~esc~i'ooo,n the issue of (1) converted, etc., application of a person cla~mingto be entitled to a !I3ard \cci~rityo r ~erlritiesis sued securities. by it,on being saiisfied of the ge~uinznesso f the claim and 011 ddivcry sf tlic sscurity or securities receipted in such manner and on p3yrr~:nt of such fee, if zay, as it may prescribe, convert, consdidate 3r sub-divide thc sccdiity or securities, ar,diJsue to the applicant a nefi security or secur~tiesa ccordingly. (2) The conversion, coqsalidation or sub-d vision refers-d to in sub-section (1)-may be into seccrity or secl~ritieso f the same o: diffei.ent classes ur uf the same or ditferent loars. 63. Notwithstanding anyelring contained in the Indian Limitation Act, 1963- Discharges in Central ACE3 6 1 f certain cases. 1963. (i) on payment of the amaunt due on a Board security on or after the date on qhich payment becomes dus to, or (ii) when a duplicate sec~rityha s k n is suec under section 61, or (iii) wben a new security or securities has or have 'been issued upon conver- sion, consolidation or sub-division under section 62, theBaard sliall b: di;llirz:-l >an 21 lia3ilitiej in respsci of the security izr securities so p~idor in pl~ccof wliich a d kplicate or new secLlrityo r sec~riiiehs as or have been .- issued (a) in the case of payment, after the lapse of six years from the date on which payment was due; (b) in the case of duplicate security after the lapse of six years from the date of the publication under sub-section (3) of section 61 of the 11s t in wbich the security is first mentioned or frorl the date of the last payment of interest on the original security, whichever date is later; (c) in the case of a n&w security issued ilpon conversion, consolidation or sub-division, after a lapse of six years from the date of the issue thereof. . Seourit~fo 64. All loans raised by the Board ilnder this Act shall be a first charge on- loans taken t Born*: (1) the propcrty vested or wbkF may, hereafter during the curiency of the Iorns, bemme vested in the Board other.t han- (J) wny sum set a2art by the Board- ;: \ isthe sinking fuud forthe purpose of paying off any loan; or . - . T A Ml L NADU GOVE-R NMENTGGAZ - ETTE - EX TRAORDINARY 31 - - - (ii) for the payment of pension to its employees; or (I,) the provident or psnsion fund established bl the Board; and (2) the rates leviable by the Board under this Act. 65. Ths Government shall hav~LL i vspect of loans made by it to the Buard the Remtdies ot same remedies as h3ldcrs of Board securities issued by the Board; anc, the Govern- Governmenth mcnt shall not be deemed to pwsess any prior or greater rights in respect of st~chloansI W=~ of 1oans tila11 holders of such Yoard secl~riite s: m: de to Board Provided that when the telm; of any such Idan made before theappointed day expressly provide that the loan shall have,p;iqrity over aQ other loans In the matter I of repayment by the Board, such loan shall have priority. I 66. The Board nay, with the previous sanction of the Government, apply any p,,, ,,, sums out of mJneys which may come into i!s.bands under the ,~r~yisioonfs t bis Act Hoard 10 a~idw hich call be ho ~ppkedW lthot~pt rejudlclng the hecurity of the other holders ~f E"?"?r eIpa ns the Board securities, in repaying to the Government any sum wbich may rmin dde to them in rGspcct of the principal of any loan although the time fi-d fgt. the reprLyment of the same may not have arrived: Provided that no svciir cpayrpe~s~hta ll be qlade of any sum less than ten thousand su;paca: and that if such rkpayment :s made, the amount of interest in each su~~~tdinginstalmsehnaltl be so adjusted as to represent exactly the interest d,ue on the outstanding princizbal. . 67.' (1) If, in respect of a loan raised by the Board under this Act ~ ~ f'i , ~ - it~ a'-s rcpay,able befotg: the expiratiof! of o.ne yew f r y t he ddlp-of tb_f:l oan, t@,CJ~+pmoP-& irrHng.fund. mc'iit by. an oiiif so diiedt ..thea'Boar$ qll set apakt. li@fvady' ogt' pf ,itx ib@w I 1 as at sinking fund, a sum sufficieni t'o liq~idatetl ie ioarl within a pe&i)'ddl b ; did11 nor iq any, case, unkss the previous consent of the Government has been obtained, ex* twdnty five yeais; ljut the maxirhu& #riod' sliall not. in aity case ex&d fort$ ' y Wi .!(I . . . . Prddd&$uat a si&ing fund np$ p$, ip thq i~soncoat an$ st&u$~~littn~&r t, effect, be cstablishql iq'the case of)oans taken by the Bod&f tom tde Central &v;onr- merit or any State Goverm'ent. (2) -re any sinlcipg fund ba,s, bdfQ?etly &*inl ed day, been.establish$: by ' any arlihority in respect of a loall ra~sed'byi t, for \vhit:h loan, the Board is liable under this Act, the sinking fund so establisheo by that authority shall be deenleo to have been established by the Board under this section. 68. (1) The sums so set apart by the Board under sub-section (1) or Sctlon 61 ilnzvcs$rmien~t a,nd~ 2~$.~ ~ ctdh sums forming part of any sinking fund referred to in sub-section (2) of that section shall be inveshed in public sccurities or in such other securities as the Govern- ,,lent lnay approvc ill this &half ;tnd shall be held by tllc Board in trust ~ QtIhe put- poses of this Act. (2) The Boarcl may apply the whole or anv part of the sums accumulated in any sinking fund in 'or to~ardsth e discharge cf tht mnnevs for the repayment of which the fund has been established : Provided that it pays into the fund in each year and accumulates until the whole of the mm3neys borrowed are discharged, a sum equivalent to the interest which would have been produced by the sinking fund or the part of the sinking fund so .applied. 69. (I) A sinking hnd c~ablishedS ar the liquidation of any loan shall bo $$TF;:~'.oi subject to :~nnunle xamination by such person as may bt; appointed by the Govern- ment in t Gis beh~lf2 nd the p=rson so a~intesdha ll ascertain whether the cash and id: bn;re,17 m,;:ie~ \ si~izo f ii;e e4urkies 31 tht: crd.i.t .0 :' the fund are ctctdy eqtlal . : L , \ I i .d :~ : , : ,: .!I ,:., ,. :I,:. .?.: i ? ~ .it ' , . i.: L h \ i f ~ . , . ,* , ; : . . : * ' * , . . d . . ',I.;\, 2 : . :\::I. ,$ LLL 1 XU i ~ II~ .~L~Q1 , .i L i d ? , y~> b~ i~ 3.r > a t i x s k drD i z 1 re r o e i.n k . d~l> - 32 TAMIL NADU GOVERNMENT G,jZETTE E~IRt"\ORDINARY - - - I.---- ---- / (3) If the cash and cunent market value of the securities at the credit of ii sinking fund are in excess of the amount which should be a? its credit, the person appointed under sub-seaion (1) shall certify the :m ~unotf the excess :.lid ibt. Board may, with the previous sanction of the Goveri~ne n;, rcducc: 'r d:sco~:'tlnuc the Idi' yesrly coiltribu?ions to the sinking fund requir4;d under secrion 67. . B I'o o w ar e d r t 01 o raise 70. Nothing contained in this Act shall be deemed to aflect thc ;c)c,t\fer ot tile Gel:!! loans on short Board to raise loans under the Local Authontics Loails Aci, 1919. i91;. ccrms bills. Powers of 71. Notwithstanding anything contained in this Act, the Boar,: may- Board to rake temporary loans or overdrafts. (i) borrow moneys by means of temporary overdraft or other wise by placing the securities held by the Board in its reserve fund.; or on security of the fixcd deposlts of the Board in its banks ; (ii) obtain advances from such banks on pledge or hypothecation of its current assets without the previous sanction of the Government : 81 i I t .,r s- Provided that such temporary overdraftt or other loans- b k (a) shall not at any time have a Ionger currency than six months : ano (b) shall nor be taken, without the prev~ouss anction of the Governmc~r, ]fat any time in'any year the amount of such overdrafts, or other loans exceeds such amount not exceeding ten lakhs of r pees, as the <, oiren~mrnnt ay fix in tbis behalf: L Provided hrrther that all moneys so borrowed by overdrafts or otherwih shall be expended for the purposes of this Act. Vower of 72. Notwithstanding anything contained in this Act but subject to any other Board to law for the time being in force, the Board may, with the previous sanction of the borrow money Government and on. such terms and conditions ss may be approved by the Govern from International ment, raiso, for the purposes of this Aut, loans in any currericy or currencie from Bank for the International Bank for Reconstruction and Development or from any other Reconstructien Bank or Institution jn any country outside India, and no ot'her provision of this a D n e d v elopmtn ! Chapter shall apply to or in relation to any such loan unless the terms and condi- ar otbq Fore~gn tiom of the lfil~11 o r the approval thereef by the Govemtnt otherwise provide. lnstttutmns. I --a ---- - . I 7 (IHAPTER VIII. 1- WVENUE AND EXPENIPITURE. --, I--. All m0nCYn; received by or on behalf of the Board under the provisions Genera! Am.;r~t - &' Act and a11 moneys received by it as the conservators of the ports and of of Port. their :t~~roacheosr as t17e bod)? ~p3ointedu nde; section 36 of the Indian Ports sh~lbl e credited to a fund c?.ll.lled the General ,~,ccounto f the ports. ,f it -"LC[, 74. (1 ) Th e moneys credited to the General Account under section 73 shall be P-pplicat.iou OJ fl~rJicdb y the Board in payment of the tollowing charges, namely :- moneys ~n Genera 1 . Account (0) the interest and instdments of principel d.ve in respect of any loan that may have been raised or obtained by the Board or for the repaynexlt oi which the Board may be liable and payments to the sinking fund established for such loan ; (b) the salaries, fees, remunerations, a!lowsnces, pensi~r~sg,r atuities, compassionate allowances or other moneys due to- (i) the Chairman, and other members of the Board, (ii) the employees of the Board, and (iii) the surviving relatives, if any, of such employees ; (c) the contribution, if :my, payable to the Central ~ovmnmento r any State Government on account of the pension and leave allowan~oo f any officer lent to the Board by such Government; (d) the cost and expenses, if any, incurred by the Bor.rrd in tho conduct and administration of any provident or welfare fund or loan or special fund astablished by the Board ; (e) the contributions, if any, duly authorised to be made by regulations mhde under this Act to any such fund as is referred to in clause (d) ; (f) such sums as may, from time to time, be agreed upon by the Board - .. and the Government or the Centla1 Government or any other authority, as a (. ;f , I. 'l reasonable contribution payable by tha Board towards the expenses in oonnection with the watch and ward functions of the Police Force or the Cieatral Industrial Security Force or any other Force which khe Government or the Central Government or any other authority as the case may be, may establish and maintain for the protection of the port and the docks, warehouses and other property of the Board; I (g) the cost of repairs and maintananca of the property belonging to or vested in the Board btld all charges upon the same and all work~ng expenses ; (h) the cost of the execution and provision of any new work or appliance specified in section 25 which the Board may determine to charge to renew ; (i) any expenditure incurred under section 26 ; (1) any other expenditure which may be incurred by the Board generally for tho purposes of this Act ; (k) any other charge whkh may, on the ap~licationo f the Board or otherwise, be specifically sanctioned by the Government or for which the Board may be legally liablt:. (2) All moneys standing at the credit of the Board which cannot immediately be applied in the manner or for the purposes specified3n sub-section (1) shall- (a) be deposited in the State Bank of India or in any corresponding.new bank as defined m dause (d) of section 2 of the Bznking Coppanies (Acqui~~on and transfcs of Undertaking) Aot, 1970 as the Board may decide, or ( h ~ he invcsted in such public securities es mzy be determined by the Board a d t he srid sea~ritiash all be held in trust b) the Board for the puro6,ses of tlrls Ast, oi' fd k ;mu- & ~ C I I ~ d iw hws- - 34 TAMIL NADU GOVERNMENT GAZETTE EYTRAORDTMA RY -- -- --- - -- ---- -- - Power to 75. The I3oard nlay, with tho :~reviousu a~wtiono f the (;ovor~~~~~a?cpnlLt. from sen m er o a n 1 e ys any sum out of tka 1n3112y j c:eJited to the Cl,i&.. r: A. :::j unt cf the Port toivard.r meeting deficits, if any, in tha particular or sp3;ificJ acsaunt suaa s pilotage aoco~i~t. account to rpecifiedparticular 2 s? m~intainegi r tr.tn;fer th? wholo or part, of any surplus funds in such particu!ar account an.d , acsount to the Gan2ral 4c;ount of the Port. vice-versa 76. The Board may, tror;I tima to tims, sst <ipa~sutc h sums o~lot t ~tssu rp!us Esmb ishment income as it thinks fit as a reserve fund or funds,for the purpose of oxpend!ng o ? f m r a o r s . ervz existingfa~ilitieso r creating new facilities at the p ~ tosr f or the purpose of providing against any temporary decrease revenue or incroasc of expenditure fro111 transient ,)I causes or for p.irpssj< oi replacamznt or for mesting expenditure ,arising from loss or damage from fire, cydone, ship wrecks or other aczident or for any other emergency arising in the ordi~~arcy~ nducto f its works under this Act : Provided that the sums set apzrt annually 111 respaot ot, and tho aggrcsaru at any tlme of any such reserve fund or funds shall not exl;~;d such amounl as InitY. irom time to time, bs fixed in tiy.it bs!valf by the Govc;nm=nt. ' power to 77. (1) For tla: purposcs or a:ly investment which the Bosrd is :~uthorised reserve Board to :?lake ujlder this Act, it s:1111 bta l~wfuflo r the Bxrd to :.esarvc and sct apart securites fr,r Roard'sowr. a.1" S:2u*ities to b; inucl by it on acs3unt of any btt~tlo which the collvent of tllu i .~vestrnents. Govcrnme~lth ~bs22 n given, provided that thi: intelltion to so ressrve and set apart su:R j::>*itl~3 hzs been notified as a col~ditionto the issue of the loan. (2) The issue by the Board of such securities direct to and in the name of the Bxrrd shall not op:rata to extingtlish or olncel such securities, but cverj' security so issued siirll b~ vkrlicl iri a11 TZ~~3s JifS isSsue d to and in the name of any other person. (3) Thepurchase by ti15 Bawd sr the transfer. assignment or andommont to the Board of any seourity issued by the Board, shall not opeyate to axtinguhk or cancel any sudh sasurity but ths s~m3sh all b: valid and negotiable in the same lnannar and to the 9'271: axteat a%i i held by or trnnsferred or assigned or endorsed to any other person. Prior sanction 78. (1) No expznditure shall bs charged by the Board to capital without the ef Go~arppre-t to chow previ~~sa,n ction of the Government : expenditure to capital. Pravidai tthat the bard may without stlch sanction charge to capital expenditure not excseding such limit as may be spscified and subject to such cunditions 41 mdy b3 i1np~~3bdy tile Governmeul. (2) Nothing in sub-sert~on( I) shdll b: d:i: n2.i to rzqlirc tll.: furtller sancti~n of rne Government in any case where the actilul exp,-ilditurc illsurred as a charge lo capita[ excexts the cxpendlture sdnctiuneit 1,1 trlis bejlalf by thc Government unlsu the excsss is mor? thzil taa p:r ctnt of t!~: eu>:.lditure sa sanctioned. Jc'o~a s re;;~i:ir.g 79. (1) N3 new work or. appliance thc estiiuatzd cost of which exceeds s~lch sanction of amount as may be fixed by the Government in this behalf, shall be com~nencedo r Board or provided by th- Boa*d, n ~sri~ alla ny contract bz entered into by the Board in Government. respect of any SUCII new work or appliance until a plan of an estililate tor such work c\: ap-311ance has been submitted to and approvcJ by the Board, and in each the estimated cost of any such new work or ap;liance exccxis such amount, as may from time to tima, be fixed by th:: G3veriirn:nt in this bhalf, sanciion of the Government to the plan and estimate; shall be ohtaincd before SUCI~ work is commcnced or appliitncc provided (2) Nothing in s~b-2e:tion (1) shnll b: d.=c.n:d to require the further sanction of the Government in any case whzre the actual expenditure incurred a~es not exceed iiy more than ten psr cent of the estimated cost so sanctioned. Powur elC hdirrudn 80. N~ivithdanJi~ld; tlytliin~c 0ntrine.I ~ r i s ,~iti~79n, the Cha~rmanm ay ar to :X=O:~O.? 01 direct the execution ot any work the cost of whicil do29 not.exceed such ma~im~~rn war tt. limit ah mav he fixrd by t le Gove nmlnt in that department b2haB and may enter inlo contracts tor the exec1 tion of such works, but in every suuh case tllc Chairmau s.lrll, as r.oo11.ap osgiblc, nla'ke a rcport t6 the Bcvd of any such dirccfions given or contracts entered in co by him. wo 81. (1) The Boara may i:ompounri or w~ilpromisea ny claim or demand or ahy p,, .i action or suit instituted by 01 agains~it for such sum of Inorley or other compensation to compound or as it deems sufficient : con;,womise Aimg Provided that no scttle~nents hall be made under this section without the p:cvious sanction of tne Ciovernnlent ii such settlement involves the payment by the Board of a sn:n oxcscding such a.nou:lt as may 'be spciiied by tile Govcrnincnt in this behalt. 82. (1) Subject to such conditions as ]nay be spszified by the Gover~11eut Wfihing off loma, where th? Board is of opinion that any amount due to or any loss, whether of money or of property ~acurrmb y the Board is irrecoverable, the Board may, with the previous approval 01 the Government, sanction the writing oft finally of the aid amount or loss : Provided that no such approval ot the Oovcrnlnent shall be necessary where sztch irrecoverable amount or loss does not exceed, in any individual case, five thwand rupes or in t.1~a ggregate in any year, one fakh rupees. (2) Notwithstanding anything contained in sub-stction (I), where the Cbzliunan is of opinion that any amount due to or any loss, whether of money ~r ot property, incurred by the Board is irrecoverable, the Chiman ma] sa.lcrioa the. writing off finally ot sucb amount or loss, provided that such amount or :ass cl.oa aot excoed, in an individual am, one thousand rupees or in the aggregata irp my one yea, tweuty thousand iupees and in cvary su;h &so, the Chairman W lark8 a raport to the Board giving raasons for such sanction. d m % s B. ro M fi b t y h e c G ~ b ~ .A IR ct C a aT u u t ~t h h. o o r ri i t a i d es . s a h n a d ll m ap f p r l i y c . t t i o m th s e o o .I n b t r a k in s e w d h i i n c h th m is a A y c l t x in e r x csp a w d t k u rr f rsrs, q ~ eq(r, )Sr the Board ss tho Oonsar~rrtoro f the Post or as the body appointed tmia -oil (I) of section 36 ot the Indian Ports At# and also to the sancion of mdh wotks t b estimate thueof and the oxpen&ituaw ~ ~ d c r . BI. (1 1'O hQ Board W, on or Mom the thirty k tda y of Jamuy in eaQh year, %crspct .ghc(ioru6 a spwd meeting at which tho @hairmans hall submit an astimaM d thm income .nd Bpldituro of t b B o d for the nett fhocial year, in SUQ fom aspt M- m) 8Wfy. A copy of such otirmts shall be cent to each mqnbm of 6 $4 as to mush him not lass than ten claar dare prior ta the datc appfnted spadsJ maeting refweb to ir subactian (I). I (3) 'ihe Board shall consider the at- at sub. mecting and nay prrYdtoonaUy appmw of it with or without moctibcaticp. (4) The Board shall, on er before the tenth day of February, OQWa af SLC~es timate as provisionally approved by it, to be sent to the Oovrapmtd. 6) Tbe Government may sandon the estimate or may rctbrn it with rmmks and may call for such additional information as they may deem neoossary. (6) When an estimate is returned under sub-section (S), the Board shalh pnoqeed to reconsider the estimate with reference to si~chre marks and shall furrlish s~chad dilional infordation as the Gover~unmmt ay call for and shall, if mxeaary, m&fy or alter the astimate and resubmit it to the Government. (7) 'Ttc Government shall sanction the estimatt with or without modifications. (8) Where any such estimate is not smctioned by the Government before the commencement of the financial year to which it relates, the Government may authorise the Board to incur such expeMture as may be necessary in the opinion or the Governme,:t until such tlme as the approval of the estimate by the Government communicated to the Board. 1s 85 The Board may in the c urse of any year for which an estimate has been sanctioned by the Goverrlmci~tc ause one or more suppleme~lrael stimates for the Preparation ef residuo of such year to in prepared arrd the prvvisions of section 84 shall, so tar ~ ~ ~ ~ a l RS may bc applv to such estimate as if it were an annual estimate. - 36 TAMIL NADU GO'JERNMENT GAZETTE EXTRAORDlNARtY - ,. . - 6 h =:. lkapprop'r"i ation~f $6. Subject to ar.y directions which the Govcr~~mcnmta y give in this behalf, any sum of money or part thereof of which the expenditure has been adthorised in ail &$mate for ths time being in force sanctioned by the Government and aPich has not been so spent, may at aay time be reappropriated by the Board to h t any excess in any other expenditure authorised in the said estimate. Adherence to i 87. (1) Subject to the provisions of section 86, no sum exceeding such amount airnab except in as the G"vernme?t may fix in this behalf sball, save in cases of emergency, be emergency. expendeo by, or on behalf of, the Board unless such sum is included in some estimate of the Board at the time in force which has been finally sanctioned by the Government. (2) If any sum exceeding such limit as may have bsn fixed in this behalf moer sub-section (1) is so expended by the Board on a pressing emergency, the circumstances shall be f~rihwlthr eported by the Chairman to tbe Government, together witb an explanation of the way in which it is proposed by the Board to cover such extra expe~dit~c. 1 A au o d co it u , nts anri and 8 p 8 re . pa ( r 1 e ) t T h h e e a B n o n a u r r ~ l ls s h ta a t l e l m m e a n in t t o p f i n a c p c ro o p t~ e n r ti a n c c c l o u u d n in ts g a t n h d e o ba th le e n r c r e e l s e h v e a e n t t i r n e c s o u r c d h s I form as may be approved by the Governnlent. i I (2) The acccna4ts of the ~ o G I sdh all be a~dzttxoi nce in every year and if so required by the Government ,oo~currentlyw ith the compilation of such accounts .by ,an &,tor appointed by th,G overnment in consultation with the Oomptroller a d A uditor-General of India (hereinafter referred to as ".the Auditor") and any amount payable to such Audi~or She Board in respect of such audit shall,b e . debitable to the general account of the Board. ' le . I*. (3) The Auditor shall Elawe the same ri ts, privileges and authority in . I annec!lon with the at dit of the accounts c\f t Board as 1Ee Comptroller ar4d ;Auditor-General ~f India has In connection .with the audit of the Govemmedt accounts and in particular shall have the right to demand p~cductiono f books 8f accounts, connected vouchers aod other dac~rnei~tosf ths Board. . . 5 . . r . h e t i o n of . 89- (1) Within foulteen &yi&er t$e akdit a~d,examinationo f the accounts of audit report. .the Board have been cornB leted, tb aud~torsh a? forward ccpies ofthe audit repoit to the Government zn t'3 the Bosld. , i* @f 'Mie Goveri~mnts llall carise every audit repcrt to bc laid for act less :bar: thirty days,beforet he Lcgislatiw.Assembly as soon as may bc after such report is received by the Governnlen:. . , zs :::$! 9. The Boam sblr forthW~tlkta ke into conslaeration any defects or irreguk- a :: rities that may be pointld out by tke Auditor, in the a ~ ~redptor t cn the inccme wties poinrgci out and expmditure of the bard and shall take sucb action thereon as the Board n:ay in audit rcPort think fit ;?~dsh all also ser.d a report of the action so taken to the Government. Government to 91. If thcre ts a diKerer.ce of opinion 'between tFe Board 21-d the Auditor diffcrcnce on ally $oint included in the audit report, and the Board is unable to accept and between Board implement tb,k rtdcmrrtccdcttor.~I,f any, made by him on s~chpo int, the matter Auditors* shall forthwith be rcrcrrcd to th: Govcrnmc:nr which shall pnss iinal orders thereon and t'h: Board shall be buhnd to give etlect to such (,,&is. k --- 1L NADU GOVERNMENT GAZETTE EXTRAORDlNARY -- m -L -. - ---LA----A&. M - " - '*- . J - p. -+ -p ..- . - . - - 37 sUl%k%'l$&Y!A~N ) &NTRCJI, Oh GO=-, 9 s 2 u .

c h , w d a s te o o a n s $ m s a m y a b y e b f e ix a ed ft e in r t t h h t i - s l lr b~ s e r h a a~l a f y b o y f t A he p rdi o in v e e r v n e m ry e n y t e , a t r h e a n B d o & ar t d 1 sh 8 a b l r l r A ep d o m rt i . n btraYln, 2bphirt :toP thge G ovetrldent a dddiled of tM stration on of iflie ports the pncekilibp a~dingo tr t h t hirty f~ day of Marc&, in 3uch form BS the Government BW Birecf. 93. (1) i he Board shall arunually or often or if directed by the Government su= ef so to do, subn~ist tatements of iir: income Stfd exrndifvrei n such form and st such state- of time as the govern me::^ may cirect. ~ncomo a d ~P-Etam I (2) A copy of ail such statelnents shall be opeu. to ins r ection of the public to aOvonment. at the oEce of the Board duflng officeh ours on payment of such ee for each inspection as may, from time to time, be fixed by the Board. 94. (1) If, at any time, the Government are of opinion- Power d (kra lnent to Sum Board. (a) that olr account o: a grave emergency, the Bawd is unable lo perform the duties imposed on it by or under the provisions of this Act UA 3f any other law, or (It) that tr RO~LUh;t 9 persistently made default in the perfonnsnc8 of the duties iiiiposed upor, it by or under the provisions of this Act or of any other law and as a rewlt oi >uch defird~i,h e financial position,,oft he Board or the adminis- tration of the ports has greatly detenurated, i'" 2 $,;Tj& ,& the Gover~l~nenmt ay, by notification, supersede -'sthe:L,Board for such period, not exceeding SIX moi~ti~ats a time, as may be specified In the notification - : - Provided that before issuing a notification unds: this s~b.ss:don for th; reasons ~ncntionedin clause (b), the Government shqll give a rclsonable opportunity to the Board to show-caus!: why it should not be supmeded and shall consider the -. ,31- expl _ a , n .z. tions ., and q-o A_ b . j.-e. d c tlo , ns, any, ,. ,o f .P the Board. (2) Upon the publicalion of the notification under s seding the Board,- ,.+ . , . *- -& (0) ail the nlbrnbers 01 the Board shall, as from ih:: date of supersession, vacate their offices as such members of the Board ; (b) all the powers and duties which may, by or under the provisions of this ~ c otr of any other law, be exercised or performed by or on behatf of the Board, ~:~;tllm, til the BoaA is reconstituted under clause (b) or clause (c) of SuS- sectioll (3), be exercised and l~erformedb y such p$rsoq or persons ap the Government $~&aa& may dircct ; J :18 ;1 8% (y &,& (c) all property vested in the Board shall, u11":l the Board is reconstituttd undtr Clause (h) or clause (c) of sub-section (3), ve?t in tho Government. (3) On ol' t h ~pe riod of SII~Cs; ession specified in the notific~tinn issued under sub-section (I), the Government my- (a) exttnd r':e p.-.ind of supersession such furtiler term not exceeding, six ~ ~ ~ ~ n at?h sth,e y inuy consider necessary, or (b) reconstitute the Board by fresh appointment and in suuh case, any peirnnr wi!o vacated their offices u~rder clause (a) of sub-section (21 \hall not be auc,uairtied for a2pointment, r?r Ber;~cl (c J :.e~.9ns?itutci! :: *ard by app-,i2?m-,nt only for such period .as they may nmssary ard in such a cz%, t b p2riqns who vaca~edth elr u h under da3\e (a) oi sub-sc; -1on (2) sh3.11 not b: d3ern.d d:squa1ihd for r lch appoint- men: mcrol-j because ;uey '"Veie m,?mbors of ths Board when the Board ws Provid4 that the Ciu*vi:~rnt?nt may, at any time before the orpaon of the period of supersession, whether as orig'nauy specified undcs rmb-mcUon (1) or PI -tend& under this s11h-~tiont,a ke action under davw (b) or o l a (c~) of thk sb- * I j . 88 TAMIL NADU GOVERNMENT GAZETTE EKTRAORDIN&PY , . . , L I (4) The Government shall cause a notification issued under sub-section (,I) lealbll and a @ report of any action taken under this section and thc circumstances to such adion to be laid before the Legislative Assembly at the earliest poss* , opportunity. Cr 43t~~a~-9 5. (1) Without precudioe to the ffcry4liq ~rovisions of this Chapus, I , t t o o Bo ei a v r c bth e Board shall, in the discharge of its functions under thn Act, be bound by such directions .on quation of policy, as the Government may give in writing to it from tlme to time. I (2) The decrsiop of the Government, whether a question is one of policy 01 not. &all be final. -- 'IA hIIL NAUU GOVERNWiENT GAZETTE EXTRAORDINARY 39 - -.--- -- - - - - - CHAPTER X. PENALTIE S. &!?I '..2, ',L\.' 96. .A11 msnlb:rs, offic:rs and othor servants of the klosrd shall be deanled ~ Me ~ mb & ers ~ , ;~offr~ch;b ~; tu 3: pubii soivanti !vitiiin the meaning of section 2i ot the Indian Penal Code. -'rwnr' I I;, iWYiilllS. 97. (1) W11cever ';ontravenes any order made under section 27 or section P~qalty for 28 or se~tioo2 9, or tails to can11)ly with any condition imposed under section C'ntr;lvention of 30. .;l~allb e punishable with fine which may exlend to one thousand rupea. sections 27.2% 29 ;nJ 30. I (2) Whoever ii.ter having bjen convicted of an offence under sub-seotlun (1) continues to co11.rl.rvene the said order or neglect to r;ompIy with the said oondition, shall, on conviction, be punishable, for each day after the previous date of conviction during which he continues so to offend, with fine whlch shall not be less than one hundred rupees and not more than two hundred rupees. 98. (1) Any persol\ who ~ontriwoncst he provisions of section 35 shall Pel'a't~ for set118'g be punishable with fine which may e.utend to one thousand rupees. eutpc .w, hawrvitehso, uqt uwiyt. mission. (2) Whoever after having been convicted of an offence under sub-sytion (1) continues to contravene the said provisions in section 35, shall. on conviction be ,punishable, for each day after the previous date of collviction during which he continues so to offend, with fine which shall not be less than one hundred rupees and not more than two hundred rupees. " 99. Any person, who with the intention of evading payment of the rates Penalty for evadmp lawfully due under this Act in rcspcct of any goods or vessels carrying any gods,- rares, etc (a) understates or inaorrcctly gives the weight, quantity, value or descri- ption of suah goods, or the tonnr?g of such vessel in any document, presentd to zr~yem ployee of the Board for the purpqsc of enabling him to determtne such rates, or (b) remoxreso r attempts to remove or abets the removal of such goods or such vessel. shall be pulds11able with fine ,which may extend to twice the amount of rates so due subject to a minimum of' fifty rupees. ' 100. If,'throqgh the negligence of any person hn.iing the 'guidance or corn- ,Recovery of va lu lnarld of ally vessd, or oi any ot nririners or persons o~l~ployoodn such vessel, any' of d;lm*gc to pro pertr of Board. dallug i\ caused to any dock, wharf, quay, mooting, stagt. jctty, plof ot other ,. work in the possession of tho Board or any movae property belonging to ' the Board tho amount of such damirgl: sl~all,o n the ~~pplica~ioof n the Board, be rccc,ver;rhlc togothcr with the cost of such rccovcry, by distress and sale under a M:t.gistl-ate's ~~i~rroaf ~al ts,u lIiciant p~rtiono f tllc bwts, masts, spl\rCs, ropes. cuhlcs, a~lchorso r stores belonging to such vessel : Provided that no Magistrate shall issue such a w:~rrantu ntil tnc luaster the vessel lias been given a reasonable opportunity of being heard : Pro~ided furthcr that no such warrant shall issue if the vessel was at the time undcr the orders of a duly authorised employee of the Board and the d;lmag:: causcu was attributable to tfrc order, act or inlproper omission of such c~nployec. I 101. Any person wl~o, king a member or an e~nploycc of the Board, Person interested ;rzqniros. directly or indirectlv, any shnro or intorest in any contract or contracts. etc..wi Board to be deem employment with, by or on b~kalf of the Board, shall be deemed to to have commit! ~'~ix , i > t L l C , .. LV ca~nmrrtcraf1 1 oflcnce u~~deserc tion 168 of thz Indian Penal Coda : an otfence unc section 168 of Indian Penal Col I'ruvided that nothing this section sljall apply to a person who is ill dccinixl not to have a share or intcrcst in any contract nr em~~loymenutn dai r:u yrw~iiot o cL~.wsa( d) c ~ tso ation 4. --- 40 .TAMIL NADU GOVERNMENT GAZETTE EXTRAOII . D- I NAKY - --.. .- -.-_.- - - - ---*b. . - ---- Other off,.nc~~. 102. Save as otherwise provided in sections F7,98, 99 alld iCO any parson who contravenes any of the provisions of this Act or oi any rule, rog~datiun or order made thereunder for the coatravention of which no pr3nalty is expressly provided thereunder, shall be punishable with fine which nvly extend to t\vz hundred rupees. Cogr: izance o? 103. No court inferior to that of a Metrcpolit311 Mngistnrtc or Jt:dic,'tl offmw. Magistrate "of the first class sh:rll try any offence punis11:iblc ul~der 1111s Act or any rule or regulation made thereunder. Ode~ces by 104. (1) Where an oi cnce against any of the provisions ot this Act ~r COrnnaniep. any rule made thereunder has been committed by a ampany, every person who at the tirno the offence was committed, was in charge of, and was responsi- ble to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the oflcnce and ~11~b1o1 liable . to be proceeded against and punished accordingly Provided that nothing contained in tnis sub-section shall rendcr any such person liable to any punishment provided in this Act if 110 proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (I) where any such offence under this Act has been committed by a company and it is pro- ved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of any director, manager, secretary or other officer of the compaay, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Bxplanation.--For the purpose of this section,- (a) "company" means a body corporate and includes a trust, a fim. a scciety or other association of ineividuais ; and I (b) "director" in relation to- I (i) a fi:m means a partner in the firm ; (ii) a society, a trust or other association of individuais, means the person who is entrusted under the rules of the society, trust or other assnciation &it4 the management of the affairs of the society, tmt or other associat~on, as tfn case may bg. TAMIL NADU GOVERNMENT GAZE'iTE E CHAPTER Xi MIS-LANE0 US. 105. (1) 3he Government may, by nolificat~on, constitu~ea State Ports Consultz~i-"eC ommittee (hereafter in this ses?ion called the "Consultative SCt"untos tbi fourttiso nC oOnf . Gommittee") consisting of members of the Board and such other persons, being tcltne Commi?tce not les~th an ten and not nore "tan twenty as tlic Governme~lmt ay appoint from amongst persons who are in tk.c upinion of the Goverrment, lepreseritlng theinterests of the Chamber of Gommerce, Shipping, Sai'ing Vessels, Customs, Railways, Road Transpolt. Labour, Communicarions. Fishe~iesa ~ Idnd ustries, so howewr that, there shall be atleast one member from each of the aforesaid interests. (2) The Ghnirman of the Iioard shall be the CA-nf$cio Chairman ofth c Consul- tativa Gommittee. (3) Such officer of the Board as the Gover~ment may appoint in this behalf sball act as Secretary to the Consultative Committee. ~ (4) The functions of the Consultative Cornnittee shall be as follows :- I I (0) to advise the Board on all general quest.ions pertaining to the ports ; I (b) to advise the Board in respect of any scheme pertaining to develop- ment of any port ; (c) to review the administration of ports and to suggest ways and n1ean.s of improving their work ; I (d) to suggest wavs and means ic remove any difficulty experienced by the Board in the administration of ports ; (e) to make suo-mot0 recommendation to the Board in regard to any matter relating to administration of the ports ; (/) to report to the Government, or as the case may be to the Board, en such matters as may be teferwedt o it either by the Government or by the Board for its opinion. 1 I (5) The Government may, by general or special order, provide 1 (a) the calling of the meetings of the Consultative Committee and the procedure of meetings ; (b) the duties of the Secretary of the Conaultatiwe Committee ; (c) the term of thc office of persons appointed to be members of the Consultative Gommittee to represent any of thei aforesaid interests, travelling allowance and dailv allowance to the members of tke Gonsultative ammittee and rate thereof. (6) Any persqn appointed to the Consultati~,eC ommittee to fcyresc~lta ny of the aforesaid interest may resign from the members hip by tendering bis resig nrtion in writing to the Chairman and tho resignation ~l~atalkle effectf rom the date on which it is received by the Chairman, who shall give intimation of the vacancy to the Government. 106. ( 1) 'rbe Ciovcrnmetrt may, from time to time, constitute a Local Advisory Advisory Coni~liittwf or any port, consistirg of such number of members as they may thirk Cnmrnittre. fit in I-ch case and on such terms and conditions as may be prescribed, by regu1.d tions. (2) 7-llc Board may, if it thinkf fit, consult the Local Advisory Committee concerned on any business coming before it, and shall do so in respem of such business as the Government may, by general or special order in this behalf, speclny ot when requi;.ed by the reqgllations so to do. 42 TAMIL hADU GOVERNMENT GAZETTE EX71R ,2ORDINAIlY - --- - - - -- - . - - - _ - _ - _ --- -- -- -- = -- (3) The Port Oflicer co;lcerned shall be the: ex-c,fjcio Chai~m s II o!' 111~L oc~I'~ Advisory Committee. (4) 711e Local Advibcry Comnlittee shall muat at \uch ~i~tcrval\ III:~)b e presribed and for tile tr,i;l\acLlon of urgent bl.si ~zbso n huch cjtllc: ,'cc~l\!an>a s Chairman of the Bo ~sdm ay require. (51 Tne number of ~nembers necessary to const;tute a q\ioiulll at a me~ing ~f a Local Adv15ory Committee shall, as the Go~elnmnentm ay spec11.y. Limit:itlC)n L,- ,aI , 107. NO bull, prosrcutios, or other proceedi!lg shall bc 1!15tii~1dt~ .iyallil lix procP~lnsa respect of !kings Board or any member or emgloyee thereof for any act done, or purport~~tlog he don:: done. in pursuance of this Act unless the suit, prosecution or otbar procecd~ngi s li?btItU- ted uithin six months fro111 tlie date of the act cc)mpiained of. of Act 108. NO suit or prosecution or other proceeding shall 11e agalnst thc Board dona in gd?d falth. or Gomrnittee or Chairman, Member, chief Executive Officer or other officers I and servants of the Board, anything which is in good faith done 01 intended to be done under this Act or any rulc or regulation made thereunder, or for any damage sustained by any vessel in consequence of any defect in any of the mooring, hawsers or other things belonging to or under the control of the Board. Power to make 109. (1) The Government may make rule. for carrying o ~thte purposes of 1111s -*A&. Act. (2) In particular and without prejudice to the generality of the foregoia& power, such rules may provide for all or any of tlie fo1low;ng matters, namely :- (ci) fees and allowa~lccsp ayable to tlze me~nberso f the Board or any of its comlnlttees for attending meetings of the Board or its co~llmittcco r for atton- ding any work of the Board, under section 12 ; (h) the mode of exec~tingc ontracts under section 24 ; (c) factors to be taken into consideration for determiniiig Llir 2nd ruawnnblc con~px~slttiounn der s~b-section( 3) of section 36 ; (d) the terms and conditions of appoi~ltmento f persolls as mcmber~t jt' a Loci11A dvisary Committee under sxb-section (1) of seclion 106 ; a1.d (e) any othcr matter which is to be or ni.~ybe prcsc~ib ed 4y rules. (3) The power to make rdes conferred by this section i\ \ubicct to thc condition of Ihc: r~ lc:\ Lc111gn lLid; aftcr ille ~XLIOL ~) I L \ I I)IIC~L~IOII. .(4) Every rule or ordcr made or notification issucd by the Governnlent under this Act sha.1, as soon as possible aftcr it is nude or ~ssubd be ~lacedo. n k the table cf the Legislative Assembly, arid if before th.. cxplry of the ssc%sioni n which :t 1s so placed or the next session, the hgislative Asser~3lym akes any modifi- cation in ary such rule or order or notification, or the Legislative Assembij decides tlw the rulc or order or norificatioll should not be 111aJe or iss~ed,t l~eru lz 1 t or; .order or ~zotificatiol~d 1a11 thereafter hve elreci only in such modified , form or be cf 110 efict as thc case may be, so, howevor, that :~nysu ch modiiicatio~~ or annulment shall be withovt prejuc'ice LO the validity of anytl7ing previously done under that rule or order or not;fication. owo or to m.1~: 110. (1) Th? hard may make ~gulationsI- of incons~stent\ krtll rm provisio~:~ *cgulathw of ths-a~ittn d the wits nl:~Jet krrmadzr with rraWr tc, dl or an) cf the toiiowing matters, il.?mciy :- (aj the times anti places of the; m:eti.le of the Boara or its committees, the procedure to be followed for the tramaction of business at such meetings a474 the rl.lrnhr of members necessary to constitue a quorum at such nleetiap ; - + C TAVIL NADU GOVERN-MENT GAZETTE EXTR40RDINARY 42 _C , <b) the appintmelt, pioinotion, suspension, removal. and dir-lu~al of ifs employees ; (c) leavt, leave allowanu3s, p:.liioix, gratuitie?, c~mpassionatea llowances and travr,lling allowances of the employeas and the establishme ~t and maintenance of a nrovident fu:ld or any 0 t h f und for th:ir wdfare ; (d) the time withi!l which and the mlrrner in which review and appeal may be preferred under sub-ssotion (2) of section I.) a.~dth e procedure for de- ciding such revie* and app :a1 ; (e) the terms and conaitions of service of persons wno become employees oft he Board under clause (b) of sub-section (1) of section 20 ; (f) any other matter which is incidental to, or necessary for, the purpose .of ragt~latl~th~eg app~intrnenta nd conditions of service of its enlployees ; (c) the torm ot raaalpt to b3 given under sub-ssctioll (2) of seation 32 ; (h) the psriod within which notiaa may b3 given undar subsecLion (2) of seation 33 ; (1) tho fautors to ha taken into aonsiderlition in respeot of payment of fair aaJ roaaonab\a aompaiuation .undar sub-section (3) of seation 36 ; (Jjr ho guidance of pjrsond emrloydd b~ th3 hard under this Gat ; (k) the, wLe, efficient id c ~nvenienet id~, ,n~;dgem~nta nd aontrol of the docks, wharve;, quays, jottias, buildings and other works aonstructed or aaquired by, or vg~tudi n, the Board, or of anJi land or fora~hore aoqked by, .d veated in tha noard under this Aat ; (I) the reoeption, portarage, storage and removal of goods brought *in tila premises of the Board, for the eaalusiva aonduot of these oparatioo the Baard or p:rsons em;lloyed by the Board, and for halaring the proaedurr to be follawe3 for taking aharg3 of goods whioh may have beau damaged More landing, or mry be allegad to have bean so damaged ; (m) keeping alean the port, river or basins or the bank d the river and %he aorks oh the Board, and for pravonting filth and rubbish baing thrown therein or thareon ; (n) the mode of payrnsnt of rates leviable by tho Board under this Aat ; rapulating, da~laringa nd detining the doirks, wharves, quays, jattiesi ((a) .sta as aiid piars vaitei in thz B~srdo n whiah goads shall be landed from vrda apt! hippad on Board vasrek ; (p) regulating the manner in which and tho a jndirions under whiah , the .loading and unloading ot all rzsssl~ within the port c r port approaohes shA be aarried out; (q) ragulating the lighterage of aargo between ship3 or between shipa and .ahore or batween shore and ships ; (r) the exclusion from the premisso of the Board of disorderly or 0 t h adesirabla parsono and of trajpaspers ; (s) ensuring the slfoty of the port ; (t) generally for the eniaisnt and propsr administration of the ports ; (u) the parson, if any, aut6orirrcd to sign and the mode of afRxing the oorporate sesl and of atte3tation of dooumentq relating to Board s~uriti3sis sued i or to b3 iwed by the Board ; I if? {VJt he qar\qor in which gaymeat of. intarsvt in respot st ;o xh$30;~1d yaouritien is to be mmda, raoaraad lind aoknowledgsd : I 1 Crrqon IV-7- i ''-1 0 4 . -. TAMll. NADtf GOVERNMI _ _ - ., .- (w) tbe circumstances and the manner in which %oar6 secu~illes may be rimevied ; (x) the circumstanccs in which such sccur~ti es may be renewed bcfcre fuit'frer payment of interest thereon can be claimed ; (y) the form in which such securities delivered for renewal, con~ersion, consolidation or sub-division are to be receipted ; thepfoof whicb is to be prcduced by a person applying for duplicate (2) swurities ; (&)'&e'fdrm and manner of publication of the notificiation mentioned in SUP-section( 2) of section 61 and the manlier of publication of the list mentioned 1 is sub-section (3) of that section. (ab) the r!ature and amount of indehin~tyto be given by a person applying for the payment of interest in the Board securities alleged to have been wholly or partly lost, stolen or destroyed, or for the issue of dl plicate Board securi- des ; (ac) the conditions subject to which Boald securities may be converted, eansolidated or sub-divided ; (ad) tke amovnts for wh~chs tock certificate may he issued ; (ae) werally all matters connected with a g .ant of duplicate, rene~ed, converted, consolidated and sub.divided securities ; 14) @o fees to 'be paid' in r b p t of ihe issue of duplicate securities slid of tlie ie4xiOIi1, CoriJersion, consolidat~ona nd .sub-division of Board securities ; (ag) the fees to be levied in rospect of tho issue of stock certificate; '"(ah)'any'otlsr matter which is'to be or may be prescribed by rcgula- ~oa. (2) Any regdation made under this section may provide that a breach thereof shall be punishable with fine which may extend to two hundred rupees and where tkr %reach is a continuing one, with further fine which may extend to fisty rupees for eirery daycaftert he first day, during ihich sucb breach continues. Proviaions with 111. (1) KO regulation me& by the Board under this Act slinll have effect rrrPcff to =la- until the same 'has been approved by the Government and pbbli~he~biy the Board tloar. ir the Tamil Nadu Government Gazette. - (2) The Government may, by notification, rescind any rt:guldtion madc under section 110, and thereupon the regulation shall cease to htve effect. D 1 poker of aov*- ' 112. (1) Whenever the Government consider necessary, in the public interest t to direct se to do, it may, ay older in writing together with a statement of reasons there- rrrouktim to for, direct the Boald to make regulation for all or ally of the matters specified in nude. seetion 110 or to amend any regulation, with~n peri& as tIbc. G~vernment ~UL,A may spcify in 'tkis behalf : Provided that the Government may' extend ihe pericd specified by them tc make such regulation by srcb period or periods as tEcv may consider necessary. (2) If the Board fails or neglects to con~pljw itb such c'irections bitbin tk period allowed under sub-sctction (1), the Government may, notn ithst anding anything contained in section 110, make the regvlations or amend the rekulations, as the case may be, either in the for& specifid in tbe direction or with such modi- firation thereof as the Government may think fit : Provided that before making or amending the reflation, the Government slrfll eonaidor any abjection or suggestion, if any, #made by the' Board within the ' oatd. penod. I - -- 1'1.3. Notw%starding anything contaired in this Act, ~ h ef i~gm btions Power of Govab under this Act shall be mzde by the Government ano shall have ejffect on 'being ment to makc published in ?he Tamil Nadu Gnvernmmt Gazette. first regulations., 114. The text of the regulations mcde under clauses (10) to (19) of section Posting of certain 11 0 and the scale of rates tcgcther with a statement of con4itior,s trz med by the re8ulat'"s~ ete* I Board under Chapter VI shall be prominently posted bv the Board in English and Tamil on special boards to be maintained for tke pruoses at tl e wharves, c'ocks, pierc and otl;er convenient places on the premises of the Board. 1 I 115. Nothing in this Act shall affect,- Saving of right of Central Goverpment and (1) the right of the Central Government to collect custc ms, duties or of any :;municlpalitia to municipality to collect any duties at any dock, br~hw, harf, quay, stage, jetty or c;!&;za;i pier in the possession of the Board, or duties and poaet of Customs autho- rities. (2) any power of authority vested in the Custcms authorities urder any law r- for the time being in force. 116 The provisions of this Act shall also apply to all alr crafts making use of Application of any por~w hile on water in the same manner as they apply in relation to vessels. provisions of Aa to air craft. - 1 17. (1) If any difficulty arises in giving effect to the provlslt,. of this Act, the Power to remove Government may, by general or sp~ciaol rder, not inconsistent uilh the provisions of difficulties. this Act. do anything which appears to them to be necessary or expedient for the purpose of removing the c'ifFiculty : Provided that no sucb order shall be made in respect of a port after the :expiry pf 2 pericd cf two years from the appointed day. I (2) Every order made urder sub-section (1) shall, as soon as may be after Ir io made, be laid b$fo;e the Legislalike Assembly. - ltinil Nada Act, 118. 01; the applicaticn ofthis Actto an) part,tl.eTtmiln'~duO ~liportsLardingR epeal and savin@. a17d S I I ~Fe~es A~ct~, 18~85, sh~all stand repealed in relation to that port: I 1' I ovi . ' r d t l~t as uch repal shi.11 not affect- (a) the previous operation of the Act so repealee, or anything duly done or suKered thereunder : (6) any right. privilege, obligation or liability acqrired, zccrued ard incurred under the Act so repezled ; (cj ;inv penalty, forf~itureo, r punishment incurred in res?ect of any offencc com~niticctu nder the.Act so repei~led;o r -46 TAMIL NADU GOVERNAWW~GAZETTEEX TRAORDINARY Q_LI,-_ I---. - C_) - U L . (4 any investigation, legal procoeding or remody in sspect of any such right, privilege, obligation, liability, penalty, forktitare or pu~~isllmcaost aforesaid ;a nd any such investigation, logal proceeding or remsdy may b: instituted, continued or en- forced. and any such psnalty, forfc~turoa nd pmishmca may be irnp~eda,s if tbis Act had not been passed : * Provided further that subject to the preceding proviso, anything done or ally action taken unda the repzaled Act, shall, in so far a; it is not inconsistent hith the provisions of tbis Act, be deem~dto have been dc.,; "i -.!::; r qder t 0.: cor~ecpanding provisions of this Act and shall continue to be in force according!) unless and untrl i swerseded bv anvthing done or any action taken under thls .W. J (Bg order of the Go\si nor) No. 15! M. MUNI RAMAN, .Secr.etai.y 'Goveri~v~etLltrr,w Dzpnrfinent, - -TED AND PUBIJSHM) BY 'IT-lE DIafloR OF STATIONERY AND PRINTING MAD- ON BEHALF OF GOVERNMENT OF TAMIL NADU T A M I L NADU G O V E R N M E N T CAZETTIE EXTRAORDINARY PuB~ltnE06 1 ~uTnORltr r n-r. -",a Panguni 5. T haclhu, Thiruvalh~varA andu-2n28 -- - -- , * , -- -- '0 The following Act ot the Tamil Nadu Lagicllative Assembly received the assart the Governor on thc 20th February 1997 and is hereby published for general iahma- tacbt :- AN ACT TO AMEND TffE PAWLEL M u AD p U M . AR - ITI - ME BOAR0 h a ,8 995. ACT' DFe, 15 0F 1993. BE it enacted by the Legislative Assambly of the: State ot Tamil Nada in tb Party-ztghth Year of the Republia ot India, as follows:- * I. (I) This Act may be oalled the Tamil Nada Naritirno Board (Arna~dmst) Shm d Aa, 1997. mat. (2) It shall come into hrco at ongrr.' 2. in section 3 of the Tamil Nadu Maritime Board Act, 1995 (hereinafter Tamil Nadu Act referred to as the principal Act), for s-ub -sectious (4) and (51, the following sub- sections shall be substituted, namely : " (4) The Board shall consist of such number of mernbers, as may be appointed by the Government, as belo .v : - . , r I,, ,.-,f ,' (a) the Minister in-charge of Transport, ex-officio ; (b) the Secretary to Government, Transport Department, ex-officio ; 1 (c) the State Port Officer, ex-officio ; . ..,. (d) the Secretary to ~overnment,.F inance Department or his nominee , <$ a- not below the rank of a Dzputy Secretary to Government of that Department dealing ; it<;* ,v with the subject part ex-oficio ; (A ~roup) IV-2 Ex. (146)- 1 43 1 (0) thc Secretary to Government, Public Works Department or his nominee not below the rank of a L'cpitty Secretary to Govcrnn~ento f that Dcpartmcnt, ex- officio ; (f) the Secretary to Ciovernment, Industries Ilepartment or his nominee not below the rank of a Deputy Secretary to Government of that Department, ex-officio ; (g) the Chairman, the Tamil Nadu Electricity Board, ex-officio ; (h) the Managing Director, Poompuhar Shipping Corporation,, ex-dcio ; (i) the Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, ex-officio ; I Cj) the Managing Director, Corporation for Industrial Infrastructure Development Limited, ex-officio ; 5 ! (k) one member who has experience of, and shows capacity in, matters relating to ports, shipping, maritime affairs or commorce or in the administration : of such matters ; i (1) bne member who possesses academic qualification in the subject of engineering and has wide experience p o .f matters relating to harbour works ; (n) one nember~h'$d & '-d ' ~0~6ddfadot r who possesses high academic qualiflcation in Accountancy d ~ hbpas s flcient experience in accounts pertaining to industj, commbrce, p8%''br *Shipping; . . " , - (a) one member who possesses academic qualification in navigation lsuch as extra first class Ministry of Transport Ticket Holder (diesel or steam) and has experience in Marine plants, particularly with reference to credging or who .is an q expeiienced nautical officer ; I .. (0) one mem . b er representing their?~*o~f ~tratd~e, commerce and industry ; . . . , (p) one member representing the interest of shipping ; 1 .1 . 1 :,,* . . ' ., . , (q) one member representing ththe'idteresis of workers of minor ports ; d ' (r) such other members, not exceeding four, as may bc appointed by the Government. ; (5) The Minister in-charge ot Transport shall also be the Chairman, ex-officio, and the Secretary to Government, Transport Department shall aho be the Vice- Chairman ex-officio, ot the Board.". 3. For section 5 of the principal Act, the following section shall be substitutc.d, namely ;- '' 5. Term of office of non-official members.-Every non-official member shall hold office for a period of two years.". 4. In section 6 of the principal Act,- (1) in sub-section (I), for the expression, " The Government may rexilove a member including the Chairman, who is not an &cia1 of the Board, ", the expression '* The aovernmant may remove a nodcia1m ember." shall be subst~tuted. (2) sub-section (2) shall be omittad. 6. In section 15 of the principal Act, in clause (bb and in the proviso thereto, Amendment of for the expression " Chiel' Executive Officer ", the expression Vice-Chairman" section 15. " shall be substituted. 7. In section 17 of the principal Act, for sub-section (I), the following sub- Amendment of section shall be substituted, namely:- section 17. 8. Jn section 19 of the principal Act, the figure "(1)" shall be omitted. Amendment of s ection 19. 9. In section 109 of the principal Act, subsection (3) shall be ornitte . Amendment of s d o n 1 09. 10. In section 110 of the principal Act, in sub-section (I), clause (d) shall be Amendment of omitted. section 110. 11. In section 114 of the principal Act, for the expression clauses (10) to (19)", Amendment of " the expression clauses (j) to (r) shall be substituted. section 114. " " (By order of the Governor) A. K. RAJAN, :.ecretary to Government, Law Department. - - -- -- -- . P-D AND PUBLIhMU) BY THE DIRECTOR OF ST.4TWNERY AND PRINTING CHENNN~ - J ON BWQO F THE GQV1812N)lrlBWT OF TAMIL NADU.