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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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Major 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).

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Major Port Trusts Act, 1963 Section 2

Title: Definitions

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).

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Major 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.....

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Major Port Trusts Act, 1963 Section 63

Title: Application of Sale Proceeds

State: Central

Year: 1963

..... (a) in payment of the expenses of the sale; (b) in payment, according to their respective priorities, of the lines and claims excepted in sub-section (2) of section 59 from the priority of the lien of the Board; (c) in payment of the rates and expenses of landing, removing, storing or warehousing the same, and of all other charges due to the Board in respect thereof1[, including demurrage (other than penal demurrage) payable in respect of such goods for a period of four months from the date of landing]; 1[(d) in payment of any penalty or fine due to the Central Government under any law for the time being in force relating to customs; (e) in payment of any other sum due to the Board.] 2[(2) The surplus, if any, shall be paid to the importer, owner or consignee of the goods or to his agent, on an application made by him in this behalf within six months from the date of the sale of the goods. (3) Where no application has been made under sub-section (2), the surplus shall be applied by the Board for the purposes of this Act.] ________________________ 1. Inserted by the Major Port Trusts (Amendment) Act (29 of 1974), Section 24 (1-2-1975). 2. Substituted by the.....

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Forest Act, 1963 Section 47

Title: Government Management of Forests at Request of Owners

State: Karnataka

Year: 1963

(1) Any owner of any land or, if there be more than one owner thereof the owners of all the shares therein may, with a view to the formation or preservation of forest thereon, apply in writing to the State Government to take over the management of such land and the State Government may, on such application, where it is of opinion that it is expedient in public interests to form or preserve the forest, by notification, assume the management of such land. (2) When the management of any land is assumed under sub-section (1), save as otherwise agreed to between the State Government and the applicants, the net profits, if any, arising from the management of the land shall be paid to the owners. (3) The period of management shall be such as may be agreed to between the State Government and the applicants. (4) In all other respects the provisions of this Chapter in respect of a forest the management of which has been assumed by the State Government under sub-section (1) of section 43 shall be applicable.

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MAJOR PORT TRUSTS ACT, 1963 Section 60

Title: Ship-owner's lien for freight and other charges

State: Central

Year: 1963

(1) If the master or owner of any vessel or his agent, at or before the time of landing from such vessel any goods at any dock, wharf, quay, stage, jetty, berth, mooring or pier belonging to or in the occupation of a Board, gives to the Board a notice in writing that such goods are to remain subject to a lien for freight or other charges payable to the ship-owner, to an amount to be mentioned in such notice, such goods shall continue to be liable to such lien to such amount. (2) The goods shall be retained in the custody of the Board at the risk and expense of the owners of the goods until such lien is discharged as hereinafter mentioned; and godown or storage rent shall be payable by the party entitled to such goods for the time during which they may be so retained. (3) Upon the production before any officer appointed by the Board in that behalf of a document purporting to be a receipt for, or release from, the amount of such lien, executed by the person by whom or on whose behalf such notice has been given, the Board may permit such goods to be removed without regard to such lien, provided that the Board shall have used reasonable care in respect to the authenticity of such

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Specific Relief Act 1963 Section 8

Title: Liability of Person in Possession, Not as Owner, to Deliver to Persons Entitled to Immediate Possession

State: Central

Year: 1963

Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases.-- (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession in the thing claimed has been wrongfully transferred from the plaintiff. Explanation.--Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) of this section, presume-- (a) that compensation in money would not afford the plaintiff adequate relief for the loss the thing claimed, or, as the case may be; (b) that it would be extremely difficult to ascertain the actual damages caused by its loss.

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Export (Quality Control and Inspection) Act, 1963 Section 10L

Title: Giving of Opportunity to the Owner of Goods Etc.

State: Central

Year: 1963

No order of adjudication of confiscation or imposing a penalty shall be made unless the owner of the commodity, conveyance or animal or other person concerned is given a notice in writing- (a) informing him of the grounds on which it is proposed to confiscate such commodity, conveyance or animal or to impose a penalty, (b) giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the confiscation or imposition of penalty mentioned therein, and, if he so desires, of being heard in the matter.

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