GOVERNMENT OF WEST BENGAL
No. 398-L Dated 21st February, 2001
West Bengal Act XXX of 2000
THE WEST BENGAL MARITIME BOARD ACT, 2000.
An Act to provide for the constitution of a Maritime Board for minor ports in West Bengal and for matters connected therewith or incidental thereto.
- Short title, extent, commencement and application.
Establishment of West Bengal Maritime Board
- West Bengal Maritime Board.
- Disqualifications of members.
- Term of office of members.
- Vacation of office of members.
- Eligibility for reappointment.
- Filling of vacancies.
- Absence of Chairman.
- Meeting of Board.
- Committees of Board.
- Fees and allowances payable to members.
- Members of Board or of a Committee of Board not to vote in certain cases.
- Defects in appointment not to invalidate acts etc.
- Delegation of powers.
- Duties of Chairman.
Appointment of the Chief Executive Officer and other officers and employees of Board and the Conservator of Ports
- Appointment of Chief Executive Officer and other officers and employees of Board.
- Appointment of Conservator of Ports.
Establishment of minor ports and works and services to be provided at minor ports, and functions of Board
- Functions of Board.
- Private particiption in ports.
- Imposition and recovery of rates at minor ports.
- Power of Board to prescribe lower rate.
- Rates etc. to be published by Board.
- Exemption of Central Government or State Government from payment of rates and charges for the use of ports or works or services, etc.
- Exemption of goods and vessels from payment of rates and charges.
- Power of Board to make regulations.
- Settlement of dispute regarding rates.
Liabilities of Board and others in relation to the ports and port services
- Inspection of ports, facilities and works in ports and vessels using ports.
- Payment of a percentage of annual turnover.
Powers and responsibilities of Board in relation to the use of ports
- Power of Board to undertake certain works.
- Power of Board to order seagoing vessels to use docks, wharves, etc.
- Seagoing vessels compelled to land at, or ship from, docks, wharves, etc.
- Seagoing vessels not to be brought alongside of, or removed from, dock, berth, wharf, quay, stage, jetty, pier or place of anchorage.
- Power of State Government to exempt vessels from obligation to use wharves, etc.
- Board to declare when vessels, other than seagoing vessels, to be compelled to use docks, wharves, etc.
- Performance of services by Board or other persons.
- Responsibility of Board for loss etc. of goods.
- Accommodation to be provided for customs officers in wharves, etc.
- Power of Board to permit creation of private wharves etc. within a port,
- Compensation payable in certain cases where use of any private wharf etc. rendered unlawful.
Revenue and expenditure of Board
- General fund of Board.
- Reserve fund.
- Charge of expenditure to capital.
- Budget estimates.
- Accounts of Board and audit thereof.
- Laying of audit report before the State Legislature.
- Board to take action on audit report.
- Difference of opinion between Board and the Auditor to be referred to State Government.
Borrowing powers of Board
- Power to raise loans.
- Board securities.
- Right of joint or serveral payees of Board securities.
- Power of one or more joint holders of Board securities to grant receipts.
- Endorsement to be made on Board security.
- Endorsement on Board security not liable for payment of amount thereof.
- Impression of signature on Board securities.
- Issue of duplicate Board security.
- Issue of convereted Board securities etc.
- Discharge of Board security in certain cases.
- Security for loans taken by Board.
- Remedies for State Government in respect of loans made to Board,
- Power of Board to repay loans before due date.
- Establishment of sinking fund.
- Investment and application of sinking fund.
- Examination of sinking fund.
- Power of Board to raise loans on short term bills.
- Power of Board to take temporary loans or overdrafts.
- Power of Board to borrow money from International Bank for Reconstruction and Development or other foreign institutions.
Power of Board to make regulations
- Power of Board to make regulations.
- Regulations to be published in the Official Gazette.
- Penalty for breach of regulations.
Supervision and control by the State Government
- Administration Report of Board.
- Statement of income and expenditure.
- Power of State Government to make rules.
- Power of State Government to issue directions.
- Supersession of Board.
- Persons employed by Board to be public servants for certain purposes.
- Jurisdiction of Court.
- Offences by companies.
- Recovery of damage caused to dock, wharf, quay, etc.
- State Minor Ports Consultative Committee.
- Suits or proceedings against Board or its members or employees.
- Restriction onsuits.
- Act not to affect the right of Central Government.
- Interpretation as to facilities etc. of minor port.
No. 398-L dated 21.02.2001, Source