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West Bengal Maritime Board Act, 2000

Industry Commerce and Enterprises,

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

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.

CHAPTER I
Preliminary

  1. Short title, extent, commencement and application.
  2. Definitions.

CHAPTER II
Establishment of West Bengal Maritime Board

  1. West Bengal Maritime Board.
  2. Disqualifications of members.
  3. Term of office of members.
  4. Vacation of office of members.
  5. Eligibility for reappointment.
  6. Filling of vacancies.
  7. Absence of Chairman.
  8. Meeting of Board.
  9. Committees of Board.
  10. Fees and allowances payable to members.
  11. Members of Board or of a Committee of Board not to vote in certain cases.
  12. Defects in appointment not to invalidate acts etc.
  13. Delegation of powers.
  14. Duties of Chairman.

CHAPTER III
Appointment of the Chief Executive Officer and other officers and employees of Board and the Conservator of Ports

  1. Appointment of Chief Executive Officer and other officers and employees of Board.
  2. Appointment of Conservator of Ports.

CHAPTER IV
Establishment of minor ports and works and services to be provided at minor ports, and functions of Board

  1. Functions of Board.
  2. Private particiption in ports.
  3. Imposition and recovery of rates at minor ports.
  4. Power of Board to prescribe lower rate.
  5. Rates etc. to be published by Board.
  6. Exemption of Central Government or State Government from payment of rates and charges for the use of ports or works or services, etc.
  7. Exemption of goods and vessels from payment of rates and charges.
  8. Power of Board to make regulations.
  9. Settlement of dispute regarding rates.

CHAPTER V
Liabilities of Board and others in relation to the ports and port services

  1. Inspection of ports, facilities and works in ports and vessels using ports.
  2. Payment of a percentage of annual turnover.

CHAPTER VI
Powers and responsibilities of Board in relation to the use of ports

  1. Power of Board to undertake certain works.
  2. Power of Board to order seagoing vessels to use docks, wharves, etc.
  3. Seagoing vessels compelled to land at, or ship from, docks, wharves, etc.
  4. Seagoing vessels not to be brought alongside of, or removed from, dock, berth, wharf, quay, stage, jetty, pier or place of anchorage.
  5. Power of State Government to exempt vessels from obligation to use wharves, etc.
  6. Board to declare when vessels, other than seagoing vessels, to be compelled to use docks, wharves, etc.
  7. Performance of services by Board or other persons.
  8. Responsibility of Board for loss etc. of goods.
  9. Accommodation to be provided for customs officers in wharves, etc.
  10. Power of Board to permit creation of private wharves etc. within a port,
  11. Compensation payable in certain cases where use of any private wharf etc. rendered unlawful.

CHAPTER VII
Revenue and expenditure of Board

  1. General fund of Board.
  2. Reserve fund.
  3. Charge of expenditure to capital.
  4. Budget estimates.
  5. Accounts of Board and audit thereof.
  6. Laying of audit report before the State Legislature.
  7. Board to take action on audit report.
  8. Difference of opinion between Board and the Auditor to be referred to State Government.

CHAPTER VIII
Borrowing powers of Board

  1. Power to raise loans.
  2. Board securities.
  3. Right of joint or serveral payees of Board securities.
  4. Power of one or more joint holders of Board securities to grant receipts.
  5. Endorsement to be made on Board security.
  6. Endorsement on Board security not liable for payment of amount thereof.
  7. Impression of signature on Board securities.
  8. Issue of duplicate Board security.
  9. Issue of convereted Board securities etc.
  10. Discharge of Board security in certain cases.
  11. Security for loans taken by Board.
  12. Remedies for State Government in respect of loans made to Board,
  13. Power of Board to repay loans before due date.
  14. Establishment of sinking fund.
  15. Investment and application of sinking fund.
  16. Examination of sinking fund.
  17. Power of Board to raise loans on short term bills.
  18. Power of Board to take temporary loans or overdrafts.
  19. Power of Board to borrow money from International Bank for Reconstruction and Development or other foreign institutions.

CHAPTER IX
Power of Board to make regulations

  1. Power of Board to make regulations.
  2. Regulations to be published in the Official Gazette.
  3. Penalty for breach of regulations.

CHAPTER X
Supervision and control by the State Government

  1. Administration Report of Board.
  2. Statement of income and expenditure.
  3. Power of State Government to make rules.
  4. Power of State Government to issue directions.
  5. Supersession of Board.

CHAPTER XI
Penalties

  1. Persons employed by Board to be public servants for certain purposes.
  2. Penalties.
  3. Jurisdiction of Court.
  4. Offences by companies.

CHAPTER XII
Miscellaneous

  1. Recovery of damage caused to dock, wharf, quay, etc.
  2. State Minor Ports Consultative Committee.
  3. Suits or proceedings against Board or its members or employees.
  4. Restriction onsuits.
  5. Act not to affect the right of Central Government.
  6. Interpretation as to facilities etc. of minor port.

No. 398-L dated 21.02.2001