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Karnataka Ports (Landing and Shipping Fees) Act, 1961 Section 6

Title: Liability of Owner Causing Damage to Pier, Jetty, Etc

State: Karnataka

Year: 1961

Where any vessel or drift fouls any pier, jetty, wharf or quay and causes damage thereto, the owner or the master of the vessel or the owner of the drift, or where any person, causes damage to any pier, jetty, wharf or quay, such person shall be liable for the amount of damage caused. Such amount may be ascertained in the prescribed manner and recovered either by seizure and sale of such vessel or drift and of any property thereon or in such other manner as may be prescribed.

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Major Port Trusts Act, 1963 Complete Act

State: Central

Year: 1963

.....property" includes wharfage-rights and all other rights exercisable on, over, or in respect of, any land, wharf, dock or pier;] (j) "Indian Ports Act" means the Indian Ports Act, 1908; (k) "land" includes the bed of the sea or river below high-water mark, and also things attached to the earth or permanently fastened to anything attached to the earth; (l) "low-water mark", in relation to a port, means a line drawn through the lowest points reached by ordinary springtides at any season of the year at that port; (m) "major port" has the same meaning as in the Indian Ports Act; (n) "master", in relation to any vessel or any aircraft making use of any port, means any person having for the time being the charge or control of such vessel or such aircraft, as the case may be, except a pilot, harbour master, assistant harbour master, dock master or berthing master of the port; - (o) "owner", (i) in relation to goods, includes any consignor, consignee, shipper or agent for the sale, custody, loading or unloading of such goods; and (ii) in relation to any vessel or any aircraft making use of any port, includes any part-owner, character, consignee or mortgagee in possession thereof; (p).....

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The Major Port Trusts Act, 1963 Complete Act

State: Kerala

Year: 1963

THE MAJOR PORT TRUSTS ACT, 1963 THE MAJOR PORT TRUSTS ACT, 1963 [Act No. 38 of 1963 dated 16th. October, 1963] CHAPTER I: PRELIMINARY 1. Short title commencement and application 2. Definitions CHAPTER II : BOARD OF TRUSTEES AND COMMITTEES THEREOF 3. Constitution of Board of Trustees 4. First Board of Trustees 5. Board to be body corporate 6. Disqualification for office of Trustee 7. Term of office of Trustees 8. Vacation of office of Trustees 9. Eligibility of Trustee for re-appointment or re-election 10. Filling of vacancies in office of Trustee 11. Saying provision for appointment of Trustee by Central Government after prescribed period 12. Power of Central Government to extend time for election or appoint Trustees in default of election 13. Term of office In case of certain trustees 14. Absence of Chairman and Deputy Chairman 16[14 A. Acting Chairman or Deputy Chairman 15. Conditions of service of Chairman and Deputy Chairman 16. Meetings of Board 2 of 59 17. Committees of Board 18. Fees and allowances payment Trustees 19. Restriction of power of Trustees to vote in certain cases 20. Defects In appointments or.....

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Maharashtra Maritime Board Act, 1996 Complete Act

State: Maharashtra

Year: 1996

.....part in any deliberation or decision of the Board or the Committee with respect to that matter. SECTION 14: DEFECTS IN APPOINTMENT NOT TO INVALIDATE ACTS, ETC. No act or proceeding of the Board or of any of its Committees shall be invalid merely by reason of,- (a)any vacancy therein or any defect in the constitution thereof; (b)any disqualification or any defect in the appointment of, a person acting as a member thereof; or (c)any member having acted or taken part in any proceedings in contravention of section 13; (d)any irregularity in its procedure not affecting merits of the case. SECTION 15: DELEGATION OF POWERS The Board may, with the previous approval of the State Government, direct that such of the powers and duties conferred or imposed upon the Board by or under this Act as may be specified in such direction, may also be exercised or performed by the Chief Executive Officer subject to such conditions and restrictions as may be specified in such direction. SECTION 16: DUTIES OF CHAIRMAN ETC. (1)It shall be the duty of the Chairman, the Vice-Chairman. and the Chief Executive Officer to attend every meeting of the Board unless prevented by sickness or other reasonable cause......

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West Bengal Maritime Board Act, 2000 Complete Act

State: West Bengal

Year: 2000

.....of the Board with respect to any matter in which he has such interest or is so interested. Section 14 Defects in appointment not to invalidate acts etc No act or proceeding of the Board or of any Committee of the Board shall be invalid merely by reason of (a) any vacancy therein or any defect in the constitution thereof; or (b) any disqualification, or any defect in the appointment, of a person acting as a member thereof; or (c) any member having acted or taken part in any proceedings in contravention of the provisions of section 13; or (d) any irregularity in its procedure not affecting the merits of the case. Section 15 Delegation of powers The Board may, with the approval of the State Government, direct that (a) such of the powers and duties conferred or imposed upon the Board by or under this Act as may be specified in such direction may also be exercised or performed by the Chairman, or (b) such of the powers and duties conferred or imposed on the Chairman by or under this Act as may be specified in such direction may also be exercised or performed by the Vice-Chairman, subject to such conditions and restrictions as may be specified in such direction: Provided.....

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Major Port Trusts Act, 1963 Chapter V

Title: Works and Services to Be Provided at Ports

State: Central

Year: 1963

.....which he has taken charge shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872. (7) After any goods have been taken charge of and a receipt given for them under this section, no liability for any loss or damage which may occur to them shall attach to any person to whom a receipt has been given or to the master or owner of the vessel from which the goods have been landed or transhipped. ________________________ 1. Word "and "occurring at the end of clause (c) omitted and inserted at the end of clause (d), After Cl. (d), Cl. (c) inserted by the Major Port Trusts (Amendment) Ad (29 of 1974), Section 18(1-2-1975). 2. Word "and" omitted by The Major Port Trusts (Amendment) Act, 2000 (22 of 2000) w.e.f. 09.06.2000 3. Inserted by The Major Port Trusts (Amendment) Act, 2000 (22 of 2000) w.e.f. 09.06.2000 4. Substituted for "leuiable according to the scale framed under section 48 or section 49 or section 50" by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. Section 43 - Responsibility of Board for loss, etc., of goods (1) Subject to the provisions of this Act, the responsibility of any.....

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Major Port Trusts Act, 1963 Section 37

Title: Power of Board to Order Sea-going Vessels to Use Docks, Wharves, Etc

State: Central

Year: 1963

.....or for landing or for shipping the same, any sea-going vessel within the port or port approaches which has not commenced to discharge goods or passengers, or which being about to take in goods or passengers, has not commenced to do so: Provided that before making such order, Board shall have regard, as far as possible, to the convenience of such vessel and of the shippers, in respect of the use of any particular dock, berth, wharf, quay, stage, jetty or pier: Provided further that if the Board is not the conservator of the port, the Board shall not itself make the order as aforesaid but shall require the conservator of the port, or other person exercising the rights, powers, and authorities of the conservator of the port, to make such order.

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Major Port Trusts Act, 1963 Section 47

Title: Compensation Payable in Certain Cases Where Use of Any Private Wharf, Etc., Rendered Unlawful

State: Central

Year: 1963

.....for any injury, damage or loss caused or alleged to have been caused by an order made under sub-section (1), (3) If it is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty or pier, was made fixed or erected by any person with the previous permission of the authority competent to grant such permission, he shall be paid by the Board compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say-- (a) in computing the compensation, there shall not be taken into account any rates or other charges which such person shall be liable to pay for using any wharf, dock, berth, quay, stage, jetty or pier provided by the Board; (b) the amount of compensation shall be calculated with reference to the cost of construction of such wharf, dock, berth, quay, stage, jetty or pier; (c) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (d) where no such agreement can be reached, the Central Government shall appoint as arbitrator, a person who is, or has been, or is qualified for appointment as, a Judge of.....

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Ports Act, 1908 Complete Act

State: Central

Year: 1908

.....been preserved. The only clause which in any way alters the law at at present in force in clause 43(b). That clause corresponds to S. 43(b) of the Act, which enacts that the owner or master of a vessel must pay all expenses, required by S.228 of the Merchant Shipping Act, 1854 to be borne by him, before the grant of a port-clearance. The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict.. Cap. 60). Section 207 of which makes the owner or master liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act. This is, however, in accordance with the spirit of the existing enactment. The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation. The schedule has been amended accordingly........"- Gaz. of Ind.. 1908, Part V. page 309.An Act to condolidate the enactments.....

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Major Port Trusts Act, 1963 Section 41

Title: Board to Declare when Vessels Other Than Sea-going Vessels Compelled to Use Docks, Wharves, Etc

State: Central

Year: 1963

.....therein it shall not be lawful, without the express sanction of the Board, to land or ship any goods or passengers out of, or into, any vessel not being a sea-going vessel, of any class specified in such order, except at such dock, berth, wharf, quay, stage, jetty or pier. (2) As from the date of the publication of the order mentioned in sub-section (1) for the third time, it shall not be lawful, without the consent of the Board, for any vessel of such class,-- (i) to land or ship any goods or passengers at any place within the limits so specified except at such dock, berth, wharf, quay, stage, jetty or pier; or (ii) while within such limits, to anchor, fasten or lie within fifty yards of the ordinary low-water mark. (3) If after the publication of such order, any such vessel shall, while within the limits so specified, so anchor, fasten or He, it shall be lawful for the Board to cause the same to be removed out of the said limits at the expense of the master or owner or agent of the vessel.

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