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Home Bare Acts Phrase: major port trusts act 1963 section 49 scale of rates and statement of conditions for use of property belonging to boardMajor 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).....
List Judgments citing this sectionThe 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.....
List Judgments citing this sectionMajor Port Trusts Act, 1963 Chapter XI
Title: Miscellaneous
State: Central
Year: 1963
.....other conspicuous part of the premises, or (c) by registered post. Section 131 - Alternative remedy by suit Without prejudice to any other action that may be taken under this Act, a Board may recover by suit any rates, damages, expenses, costs, or in the case of sale the balance thereof, when the proceeds of sale are insufficient, or any penalties payable to, or recoverable by, the Board under this Act or under any regulations made in pursuance thereof. Section 132 - Requirements as to publication of notifications, orders, etc., in the Official Gazette (1) Any requirement in this Act that a notification, order, rule or regulation issued or1[made by a Board or the Authority or the Central Government] shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule or regulation shall-- (a) where if is issued or made by the Board, be published in the Official Gazette of the State in which the port is situated, and (b) where it is issued or2[made by the Authority or Central Government] be published in the Gazette of India. (2) Any notification, order, rule or.....
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Chapter VIII
Title: Revenue and Expenditure
State: Central
Year: 1963
.....moneys in general account (1) The money credited to the general account under sections 87, shall, subject to the provisions of section 89 of this Act and of section 36 of the Indian Ports Act, be applied by the Board in payment of the following charges, namely:-- (a) the interest and instalments of principal due in respect of any loan that may have been raised or obtained by the Board or for the repayment of which the Board may be liable, and payments to the sinking fund established for such loan; (b) the salaries, fees, allowances, pensions, gratuities, compassionate allowances or other moneys due to-- (i) the Chairman, Deputy Chairman and other Trustees; (ii) the employees of the Board; and (iii) the surviving relatives, if any, of such employees; (c) the contributions, if any, payable to the Central Government or any State Government on account of the pension and leave allowance of any officer lent to the Board by such Government; (d) the cost and expenses if any, incurred by the Board in the conduct and administration of any provident or welfare fund or loan or special fund established by the Board; (e) the contribution, if any, duly authorised to be made.....
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Chapter I
Title: Preliminary
State: Central
Year: 1963
.....Trust securities); (v) "rate" includes any toll, due, rent, rate, fee or charge leviable under this Act; (w) "regulations" means regulations made under this Act; (x) "rules" means rules made by the Central Government under this Act; (y) "Trustee", in relation to a port, means a member of the Board constituted for the port; 5[(z) "vessel" includes anything made for the conveyance, mainly by water, of human beings or of goods and a caisson;] (za) "wharf" includes any wall or stage and any part of the land or foreshore that may be used for loading or unloading goods, or for the embarkation or disembarkation of passengers and any wall enclosing or adjoining the same. ________________________ 1. Inserted by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997 2. Substituted for the words "the Deputy Chairman of a Board" by the Major Port Trusts (Amendment) Act (17 of 1982), Section 2(a) (31-5-1982). 3. Inserted by the Major Port Trusts (Amendment) Act (29 of 1974), Section 3(a) (1-2-1975). 4. Inserted the Major Port Trusts (Amendment) Act (29 of 1974), Section 2(b). 5. Substituted the Major Port Trusts (Amendment) Act (29 of 1974), Section 3(b).
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Chapter II
Title: Board of Trustees and Commitees there of
State: Central
Year: 1963
.....Unions Act, 1926" by the Major Port Trusts (Amdt.) Act (29 of 1974), S. 8(ii). Section 20 - Defects in appointments or election not to invalidate acts, etc No act or proceeding of a 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, or (b) any defect in the election or appointment of a person as a member thereof, or (c) any Trustee having acted or taken part in any proceedings in contravention of section 19, or (d) any irregularity in its procedure not affecting merits of the case. Section 21 - Delegation of powers A Board may, with the approval of the Central Government,specify-- (a) the powers and duties conferred or imposed upon theBoard by or under this Act, which may also be exercised or performed by theChairman; and (b) the powers and duties conferred or imposed on theChairman by or under this Act, which may also be exercised or performed by theDeputy Chairman or any officer of the Board and the conditions and restrictions,if any, subject to which such powers and duties may be exercised and performed : Provided that any powers and duties conferred or imposedupon.....
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Chapter III
Title: Staff of the Board
State: Central
Year: 1963
.....reason of the misconduct of such employee, shall be exercised-- 3[(a) in the case of an employee holding a post referred to in clause (a) of sub-section (1) of Section 24, by the Chairman; (b) in any other case, by the Chairman or by such authority as may be prescribed by regulations :] Provided that no such order, so far as the same involves extension of service, suspension, reduction in rank,2[compulsory retirement,] removal or dismissal of4[an employee referred to in clause (a)], shall have effect until it is approved by the Central Government. (2) Any employee of a Board1[******] aggrieved by an order involving his reduction in rank,2[compulsory retirement,] removal or dismissal may, within such time and in such manner as may be provided for by regulations, prefer an appeal -- 3[(a) to the Central Government, where such order is passed by the Chairman; (b) to the Chairman, where such order is passed by any such authority as is prescribed by regulations under clause (b) of sub-section (1);] Provided that where the person who passed the order becomes, by virtue of his subsequent appointment as the Chairman, the appellate authority in respect of the appeal.....
View Complete Act List Judgments citing this sectionMajor 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.....
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Chapter VI
Title: Imposition and Recovery of Rates at Ports
State: Central
Year: 1963
.....occupation at a rate higher than that provided under sub-section (1).] ________________________ 1. Inserted by the Major Port Trusts (Amendment) Act (17 of 1982), Section 13 (31-5-1982). Section 49A - Fees for pilotage and certain other services 1["49A. Fees for pilotage and certain other services. (1) Within any port, fees may be charged for pilotage, hauling, mooring, re-mooring, hooking, measuring and other services rendered to vessles, 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). ________________________ 1. Inserted by Port laws (Amendment) Act, 1997 w.e.f. 09-01-1997. Section 49B - Fixation of port-dues (1) The Authority shall from time to time, by notification in the Official Gazette, fix port-dues on vessles 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.....
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Chapter VII
Title: Borrowing Powers of Board
State: Central
Year: 1963
..... Section 68 - Right of survivors of joint or several payees of securities (1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872,-- (a) when any Port Trust security is payable to two or more persons jointly, and either or any of them dies, the Port Trust security shall be payable to the survivor or survivors of those persons, and (b) when any such security is payable to two or more persons severally and either or any of them dies, the security shall be payable to the survivor or survivors of those persons, or to the representatives of the deceased, or to any of them. (2) This section shall apply whether such death occurred or occurs before or after the appointed day.; (3) Nothing herein contained shall affect any claim which any representative of a deceased person may have against the survivor or survivors under or in respect, of any security to which sub-section (1) applies. (4) For the purposes of this section, a body incorporated or deemed to be incorporated under the Companies Act, 1956, or the Co-operative Societies Act, 1912, or any other enactment for the time being in force, whether within or without India, shall be deemed to.....
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