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THE PORT LAWS (AMENDMENT) ACT, 1997
NO. 15 OF 1997
An Act further to amend the Indian Ports Act, 1908 and the Major Port Trusts Act, 1963.
Be it enacted by Parliament in the Forty-eighth Year of the Republic of India as follows:-
CHAPTER – I
PRELIMINARY
Short title and commencement
1. (1) This Act may be called the Port Laws (Amendment) Act, 1997.
(2) It shall be deemed to have come into force on the 9th day of January, 1997.
CHAPTER – II
AMENDMENTS TO THE INDIAN PORTS ACT, 1908
Amendment of section 3
2. In section 3 of the Indian Ports Act, 1908 (hereafter in this Chapter referred to as the Ports Act), for clause (1), the following clause shall be substituted, namely:-
‘(1) “Magistrate” means a person exercising powers under the Code of Criminal Procedure, 1973.
Amendment of section 6
3. In section 6 of the Ports Act, in sub-section (1),--
(i) in clause (j), after the words “rates to be paid”, the words “in a port other than a major port” shall be inserted;
(ii) for clause (jj), the following clauses shall be substituted, namely:-
“(jj) for regulating the use of piers, jetties, landing places, wharves, quays, warehouses and sheds when belonging to the Government;
(jja) for fixing the rates to be paid for the use of piers, jetties, landing places, wharves, quays, warehouses and sheds of any port, other than a major port, when belonging to the Government;
(iii) for clause (k), the following clauses shall be substituted, namely:-
“(k) for licensing and regulating catamarans plying for hire, and flats and cargo, passenger and other boats plying, whether for hire, or not, and whether regularly or only occasionally, in or partly within and partly without any such port, and for licensing and regulating the crews of any such vessels; and for determining the quantity of cargo or number of passengers or of the crew to be carried by any such vessels and the conditions under which such vessels shall be compelled to ply for hire and further for conditions under which any licence may be revoked;
(kk) for providing for the fees payable in respect of the services specified in clause (k) for any port, other than major port;”.
Amendment of section 33
4. In section 33 of the Ports Act,--
(a) in sub-section (1), after the words “in each of the ports mentioned in the First Schedule”, the words “other than a major port” shall be inserted;
(b) in sub-section (3), after the words “declare any other port”, the words “other than a major port” shall be inserted.
Substitution of new section for section 34
5. For section 34 of the Ports Act, the following section shall be substituted, namely:-
Variation of port-dues by Government
“34. The Government may after consulting,--
(a) in case of ports other than major ports, the authority appointed under section 36.
(b) in case of major ports, the Authority constituted under section 47A of the Major Ports Trusts Act, 1963, exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels entering a port subject to this Act from payment of port-dues and cancel the exemption, or may vary the rates at which port-dues are to be fixed in the port, in such manner as, having regard to the receipts and charges on account of the port, it thinks expedient, by reducing or raising the dues, or any of them or may extend the periods for which any vessel or class of vessels entering a port shall be exempt from liability to pay port-dues:
Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this Act”.
Amendment of section 35
6. In section 35 of the Ports Act, in sub-section (1), after the words “Within any port subject to this Act”, the words “not being a major port” shall be inserted.
Amendment of section 46
7. In section 46 of the Ports Act after the words “A vessel entering any port”, the words “not being a major port” shall be inserted.
Amendment of section 47
8. In section 47 of the Ports Act after the words “When a vessel entering a port”, the words “not being a major port” shall be inserted.
Amendment of First Schedule
9. In the First Schedule to the Ports Act, in Part I, entries under columns 2, 3 and 4 shall be omitted.
CHAPTER – III
AMENDMENTS TO THE MAJOR PORT TRUSTS ACT, 1963
Amendment of section 2
10. In section 2 of the Major Port Trusts Act, 1963 (hereafter in this Chapter referred to as the Major Port Act), after clause (a), the following clause shall be inserted, namely:-
‘(aa) “Authority” means the Tariff Authority for Major Ports constituted under section 47A;’
Amendment of section 29
11. In section 29 of the Major Port Act, after sub-section (2), the following sub-section shall be inserted, namely:-
“(3) Notwithstanding anything contained in clause (a) of sub-section (1), the right to fix rates vested in the Board shall vest in the Authority as from the date it is constituted under sub-section (1) of section 47A”.
Amendment of section 42
12. In section 42 of the Major Port Act, in sub-section (4), for the words and figures “leviable according to the scale framed under section 48 or section 49 or section 50”, the words “specified by the Authority, by notification in the Official Gazette” shall be substituted.
Amendment of section 47
13. In section 47 of the Major Port Act, in sub-section (3), in clause (i), for the words and figures “The Arbitration Act, 1940”, the words and figures “The Arbitration and Conciliation Act, 1996”, shall be substituted
Insertion of new Chapter VA
14. After Chapter V of the Major Port Act, the following Chapter shall be inserted, namely:-
“CHAPTER VA
TRAIFF AUTHORITY FOR MAJOR PORTS
Constitution and incorporation of Tariff Authority for Major Ports
47 A. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint there shall be constituted for the purposes of this Act an Authority to be called the Tariff Authority for Major Ports.
(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal and shall by the said name sue and be sued.
(3) The head office of the Authority shall be at such place as the Central Government may decide from time to time.
(4) The Authority shall consist of the following Members to be appointed by the Central Government, namely:-
(a) a chairperson from amongst persons who is or who has been a Secretary to the Government of India or has held any equivalent post in the Central Government and who has experience in the management and knowledge of the functions of the ports;
(b) a Member from amongst economist having experience of not less than fifteen years in the field of transport or foreign trade;
(c) a Member from amongst persons having experience of not less than fifteen years in the field of finance with special reference to investment or cost analysis in the Government or in any financial institution or industrial or service sector.
Term of office, conditions of service, etc., of Chairperson and other Members
47B. (1) The Chairperson or a Member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
(2) The salaries and allowances payable to and other conditions of service of the Chairperson and the other Members shall be such as may be prescribed by the Central Government.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member may—
(a) relinquish his officer by giving in writing to the Central Government a notice of not less than three months; or
(b) be removed from his office in accordance with the provisions of section 47D.
(4) If a casual vacancy occurs in the office of the Chairperson or any Member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by the Central Government by making a fresh appointment and the Chairperson or the Member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed.
Disqualification for the office of Chairperson and Member
47C. A person shall be disqualified for being appointed as Chairperson or as a Member of the Authority if he is disqualified for being chosen as a Trustee under section 6.
Removal, etc., of Chairperson and Members
47D. (1) The Central Government shall remove from the Authority the Chairperson or any Member, if he—
(a) becomes subject to any disqualification under section 47C;
(b) refuses to act or becomes incapable of acting;
(c) in the opinion of the Central Government has so abused his position as to render his continuance in office determined to the public interest, or
(d) is otherwise unsuitable to continue as the Chairperson or as a Member.
(2) The Central Government may suspend the Chairperson or any Member pending an inquiry against him.
(3) No order of removal under this section shall be made unless the Chairperson or the Member concerned, as the case may be, has been given an opportunity to submit his explanation to the Central Government and when such order is passed, the seat of the Chairperson or Member removed shall be declared vacant.
(4) The Chairperson or a Member who has been removed under this section shall not be eligible for re-appointment as a Chairperson or a Member or in any other capacity under the Authority.
Meetings
47E. The Authority shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be specified by regulations.
Authentication of all orders and decisions of the Authority
47F. All orders and decisions of the Authority shall be authenticated by the signature of the Chairperson or any other Member authorized by the Authority in this behalf.
Vacancy, etc, not to invalidate proceedings of the Authority
47G. No act or proceeding of the Authority shall be invalidated merely by reason of—
(a) any vacancy in, or any defect in, the constitution of the Authority; or
(b) any defect in the appointment of a person acting as a Chairperson or a Member of the Authority; or
(c) any irregularity in the procedure of the Authority not affecting the merits of the case.
Officers and employees of the Authority
47H. (1) The Authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The salary and allowances payable to and the other conditions of service of the officers and other employees of the Authority appointed under sub-section (1) shall be such as may be specified by regulations”.
Amendment of section 48
15. In section 48 of the Major Port Act, in sub-section (1),--
(a) for the opening portion, the following shall be substituted, namely:-
“The Authority shall from time to time, by notification in the Official Gazette, frame a scale of rates at which, and a statement of conditions under which any, of the services specified hereunder shall be performed by a Board or any other person authorized under section 42 at or in relation to the port or port approaches—“;
(b) in clause (e), the words “excepting the service in respect of vessels for which fees are chargeable under the Indian Ports Act” shall be omitted.
Amendment of section 49
16. In section 49 of the Major Port Act, in sub-section (1), for the opening portion, the following shall be substituted, namely:-
“The Authority shall from time to time, by notification in the Official Gazette, also frame a scale of rates on payment of which, and a statement of conditions under which, any property belonging to, or in the possession or occupation of, the Board, or any place within the limits of the port or the port approaches may be used for the purposes specified there under:-
Insertion of new sections 49A and 49B
17. After section 49 of the Major Port, the following sections shall be inserted, namely:-
Fees for pilotage and certain other services
“49A (1) Within any port, fees may be charged for pilotage, hauling, mooring, re-mooring, hooking, measuring and other services rendered to vessels, at such rates as the Authority may fix.
(2) The fees now chargeable for such services shall continue to be chargeable unless and until they are altered in exercise of the power conferred by sub-section (1).
(3) The Central Government may, in special cases, remit the whole or any portion of the fees chargeable under sub-section (1) or sub-section (2).
Fixation of port-dues
49B. (1) The Authority shall from time to time, by notification in the Official Gazette, fix port-dues on vessels entering the port.
(2) An order increasing or altering the fees for pilotage and certain other services or port-dues at every port shall not take effect until the expiration of thirty days from the day on which the order was published in the Official Gazette”.
Substitution of section 50 and insertion of new section 50A, 50B and 50C
18. For section 50 of the Major Act, the following sections shall be substituted, namely:-
Consolidated rates for combination of services
“50. The Authority may, from time to time, by notification in the Official Gazette, frame a consolidated scale of rates for any combination of service specified in section 48 or for any combination of such service or services with any user or permission to use any property belonging to or in the possession or occupation of the Board, as specified in section 49 or the fees to be charged for pilotage, hauling, mooring, re-mooring, hooking, measuring and other services rendered to vessels as specified in section 49A or the port dues to be fixed on vessels entering the port and for the duration of such dues as specified in section 49B.
Port-due on vessels in ballast
50A. A vessel entering any port in ballast and not carrying passengers shall be charged with a port-due at a rate to be determined by the Authority and not exceeding three-fourths of the rate with which she would otherwise be chargeable.
Port-due on vessels not discharging or taking in cargo
50B. When a vessel enters a port but does not discharge or take in any cargo or passengers therein (with the exception of such unshipment and reshipment as may be necessary for purposes of repair), she shall be charges with a port-due at a rate to be determined by the Authority and not exceeding half the rate with which she would otherwise be chargeable.
Publication of orders of Authority
50C. Every notification, declaration, order and regulation of the Authority made in pursuance of this Act shall be published in the Official Gazette and a copy thereof shall be kept in the office of the conservator and at the custom-house, if any, of every port to which the declaration, order or rule relates, and shall there be open at all reasonable times to the inspection of any person without payment of any fee.”.
Amendment of section 51
19. In section 51 of the Major Port Act, for the word “Board” in both the places where
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