The Andhra Pradesh Maritime Board Act, 2018
andhra-pradesh · 2019
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Short title, extent, commencement and application - (1) This Act may be called the Andhra Pradesh Maritime Board Act, 20
- S. 2Section 2 defines key terms used in the Andhra Pradesh Maritime Board Act, 2018, including "appointed day," "board," and "economic zone."
- S. 3Section 3 establishes the Andhra Pradesh Maritime Board, its powers, and its membership composition.
- S. 4Section 4 lists disqualifications for members of the Andhra Pradesh Maritime Board, including removal from government service, moral turpitude convictions, insolvency, and certain financial interests.
- S. 5Section 5 sets a three-year term limit for non-official Board members, with possible early termination without notice.
- S. 6Section 6 outlines conditions under which a non-official member of the Andhra Pradesh Maritime Board can be removed or resign.
- S. 7Section 7 allows re-appointment of former board members unless disqualified under section 4.
- S. 8Section 8 outlines the process for filling vacancies among non-official members of the Andhra Pradesh Maritime Board.
- S. 9Section 9 designates the Vice-Chairman or a State Government appointee to act as Chairman in absence.
- S. 10Section 10 outlines the meeting procedures and quorum requirements for the Andhra Pradesh Maritime Board.
- S. 11Section 11 allows the Board to form committees to advise and assist in carrying out its functions.
- S. 12Section 12 outlines fees and allowances for non-official board members, excluding MPs and MLAs from fees and limiting their allowances.
- S. 13Section 13 prohibits board or committee members with conflicts of interest from voting on related matters.
- S. 14Section 14 ensures that the Andhra Pradesh Maritime Board's actions remain valid despite certain appointment or procedural defects.
- S. 15Section 15 outlines the administrative and regulatory functions of the Andhra Pradesh Maritime Board in managing and developing port infrastructure in the state.
- S. 16Section 16 allows the Board to delegate certain powers and duties to the Chief Executive Officer, subject to Board approval and oversight.
- S. 17Section 17 outlines duties of the Chairman and Chief Executive Officer, including attendance at meetings and reporting to the Government.
- S. 18Section 18 appoints a qualified CEO for the Board and prescribes their qualifications, salary, and conditions of service.
- S. 19Section 19 establishes the appointment and conditions for the Financial Controller-Cum-Chief Accounts Officer and other staff for the Andhra Pradesh Maritime Board.
- S. 20Power to grant leave etc
- S. 21Section 21 transfers all assets, liabilities, contracts, and employees of the State Government to the Andhra Pradesh Maritime Board for port-related purposes.
- S. 22Section 22 maintains existing port rates and fees until the Andhra Pradesh Maritime Board alters them.
- S. 23Section 23 mandates the repayment of government-provided capital with interest and allows collection of waterfront royalty for cargo handling.
- S. 24Section allows the government to acquire land for the Board if agreement fails, following 2013 land acquisition act.
- S. 25Section 25 outlines Board's contract-making authority, approval requirements for long-term leases and property deals, and adherence to the Andhra Pradesh Infrastructure Development Enabling Act, 2001.
- S. 26Section 26 empowers the Board to execute port works and provide necessary appliances, including infrastructure and equipment for navigation and cargo handling.
- S. 27The Board can undertake works, lend vessels, and invest in maritime infrastructure for port development and trade promotion.
- S. 28Section 28 empowers the Board to direct sea-going vessels to use specified docks and facilities once approved and ready.
- S. 29If accommodation sufficient, all sea-going vessels compelled to use docks, Wharves etc
- S. 30Power to order vessels not to come alongside of, or to be removed from docks, wharves etc
- S. 31Power of Government to exempt vessels from obligation to use wharves etc
- S. 32Board to declare when vessels, other than seagoing vessels compelled to use dock, wharves etc
- S. 33Section 33 empowers the Andhra Pradesh Maritime Board to provide various port services and may authorize others to do so.
- S. 34Responsibility of Board for loss of goods etc
- S. 35Accommodation to be provided for officers of Customs in wharves etc
- S. 36Power to permit erection of private wharves etc
- S. 37Compensation payable in certain cases where use of any private wharf, etc
- S. 38Section 38 establishes the scale of rates and conditions for various port services and authorizes the Board to levy a Cargo Cess for infrastructure investments.
- S. 39Section 39 mandates the Board to establish rates and conditions for using its property for various port-related activities.
- S. 40The Board can set combined rates for specified services and property use at its ports.
- S. 41Section 41 allows the Andhra Pradesh Maritime Board to set lower rates for coastal and certain other goods.
- S. 42Section 42 establishes that the Board must publish rate scales and conditions for its ports with state approval and in the Andhra Pradesh Gazette.
- S. 43The section allows the State Government to modify or cancel maritime rates if deemed necessary for public interest.
- S. 44The Board can exempt or reduce rates and charges for specific goods, vehicles, or vessels in special cases.
- S. 45Section 45 outlines conditions for refunding excess charges by the Andhra Pradesh Maritime Board, allowing the board to remit charges on its own.
- S. 46Section 46 allows the Board to issue notices for charges short levied or erroneously refunded, requiring the person to pay the determined amount.
- S. 47Section 47 mandates immediate payment for landed goods and pre-removal payment for exported or transhipped goods.
- S. 48Section 48 grants the Andhra Pradesh Maritime Board a lien on goods and premises for unpaid rates and rent, with priority over other claims.
- S. 49Section 49 allows ship-owners to retain a lien on goods until freight and charges are paid, with goods held at the Board's risk.
- S. 50Section 50 allows the Andhra Pradesh Maritime Board to sell unpaid goods after two months if rates or rent are not paid.
- S. 51Section 51 allows the Board to sell goods left on its premises for 30 days if not claimed by the owner.
- S. 52Section 52 details the order of application for sale proceeds from goods under the Andhra Pradesh Maritime Board Act, 2018.
- S. 53Section 53 allows the Andhra Pradesh Maritime Board to seize and sell vessels for unpaid rates and penalties.
- S. 54Grant of port clearances after payment of rates, reliasation of damages etc
- S. 55Section 55 allows the Board to recover dues through the Andhra Pradesh Revenue Recovery Act, 1864.
- S. 56Section 56 authorizes the Andhra Pradesh Maritime Board to raise loans with government approval for Act purposes.
- S. 57Section 57 regulates the issuance, transfer, and exchange of Board Securities and their priority in legal claims.
- S. 58Section 58 outlines how Board Securities are payable upon the death of joint or several payees.
- S. 59Section allows any joint holder of a Board Security to give a receipt for interest unless other holders object.
- S. 60Section 60 validates transfer of Board security through endorsement by signing as per the Negotiable Instruments Act.
- S. 61Section 61 states that an endorser of Board security is liable to pay any due amount unless liability is excluded per the Negotiable Instruments Act.
- S. 62Section allows authorized signatures on Board securities to be mechanically reproduced and still be valid.
- S. 63Section 63 allows applicants to obtain a duplicate security and interest compensation if their original security is lost, stolen, or destroyed.
- S. 64Section 64 allows the Board to convert, consolidate, or subdivide securities under prescribed conditions.
- S. 65Discharge in certain cases - Notwithstanding anything contained in the Limitation Act, 1963 (Act No
- S. 66Section 66 ensures loans taken by the Board are secured first by its property and rates.
- S. 67Section 67 outlines the government's remedies for loans to the Board, equating them to Board Securities holders, with priority for pre-existing loans with specific terms.
- S. 68The Board can repay government loans early with government approval, adjusting interest accordingly.
- S. 69Section 69 mandates the Andhra Pradesh Maritime Board to set aside funds to repay non-short-term loans, unless directed otherwise by the government.
- S. 70Section 70 outlines how the Andhra Pradesh Maritime Board invests and applies its sinking fund for repayment purposes.
- S. 71Section 71 mandates annual examination of a sinking fund for loan liquidation and directs the Board to adjust contributions based on fund's actual vs. estimated value.
- S. 72Section 72 allows the Andhra Pradesh Maritime Board to raise loans under the Local Authorities Loans Act, 1914.
- S. 73Section 73 allows the Andhra Pradesh Maritime Board to take temporary loans or overdrafts for up to one year.
- S. 74Section 74 allows the Board to borrow from the World Bank or other foreign institutions with government approval.
- S. 75Section 75 allows the Andhra Pradesh Maritime Board to acquire equity stakes in port projects and sell them, retaining surplus for future port-related investments.
- S. 76Section 76 establishes the General Fund for the Andhra Pradesh Maritime Board to receive all its revenues and government grants.
- S. 77Section 77 allocates General Fund money for Board's loan repayments, salaries, pensions, fund contributions, and maintenance costs.
- S. 78Section allows the Board to transfer funds between its General Fund and specified accounts like the pilotage account.
- S. 79Section 79 allows the Board to establish reserve funds from surplus income for facility expansion, emergencies, and unforeseen expenses.
- S. 80Section 80 allows the Andhra Pradesh Maritime Board to reserve its securities for its own investment purposes.
- S. 81Section 81 mandates government approval for capital expenditures by the Board, with exceptions for minor, specified expenses.
- S. 82Section 82 mandates Board's or Government's approval for new works or appliances exceeding a fixed cost.
- S. 83The Chief Executive Officer can direct work execution and contracts for costs below a set limit, reporting to the Board.
- S. 84Section 84 allows the Board to settle or compromise claims or lawsuits for a deemed sufficient sum.
- S. 85Section 85 allows the Board to write off irrecoverable losses or debts up to specified limits, with final approval by the Chief Executive Officer.
- S. 86Power etc
- S. 87Section 87 mandates the Andhra Pradesh Maritime Board to submit and approve budget estimates for the next financial year, with government approval.
- S. 88Section 88 allows the Andhra Pradesh Maritime Board to prepare additional budget estimates for the remainder of the fiscal year.
- S. 89Section allows re-appropriation of unspent funds and limits additional spending to approved estimates, except in emergencies.
- S. 90Duty of Board to meet liability towards salaries, allowances, pension etc
- S. 91Section mandates the Board to maintain and audit accounts, with annual audits by a government-appointed auditor.
- S. 92Section mandates Auditor to send audit reports to Government and Board, and Government to present them to State Legislature for thirty days.
- S. 93Section 93 mandates the Board to address and report on any audit-identified defects or irregularities in its financial activities.
- S. 94The section mandates the state government to resolve disputes between the Board and auditors on audit report recommendations.
- S. 95Section 95 mandates the Andhra Pradesh Maritime Board to submit annual administration reports to the government and requires the government to present these reports to the State Legislature.
- S. 96Section 96 mandates the Board to submit annual income and expenditure reports to the State Government and makes them publicly inspectable.
- S. 97Section 97 allows the Government to temporarily replace the Board if it fails to perform duties or faces emergencies, with a six-month limit.
- S. 98Section 98 allows the government to direct the Board in policy matters, with the Board's prior input.
- S. 99Section 99 deems employees of the Andhra Pradesh Maritime Board as public servants for anti-corruption purposes.
- S. 100Section 100 imposes fines up to five lakh rupees for non-compliance with specified sections.
- S. 101Penalty for setting up wharves, quays, etc
- S. 102Penalty for evading rates, etc
- S. 103Section 103 allows the Board to recover damages caused to its property through negligence by seizing and selling the vessel's assets.
- S. 104Section 104 imposes a fine up to one lakh rupees for violating any provision of the Andhra Pradesh Maritime Board Act, 2018 without a specified penalty.
- S. 105Section 105 specifies that only Metropolitan Magistrates or First Class Judicial Magistrates can try offenses under the Andhra Pradesh Maritime Board Act, 2018.
- S. 106Section 106 holds company officers liable for offenses committed by the company, with exceptions for due diligence.
- S. 107Section 107 establishes a State Ports Consultative Committee to advise on port administration and suggest improvements.
- S. 108Section 108 establishes Local Advisory Committees for ports, chaired by Port Officers, to advise the Board on specified matters.
- S. 109Section 109 prevents legal actions against the Board or its members/employees for actions under the Act until a written notice is given.
- S. 110Section 110 protects the Board and its members/employees from legal action for good faith actions under the Act.
- S. 111Section 111 empowers the Andhra Pradesh State Government to create rules for implementing the Act, including specific provisions for fees, service terms, contracts, loans, and appointments.
- S. 112Section 112 empowers the Andhra Pradesh Maritime Board to create regulations for its operations, including employee terms and facility management.
- S. 113Section 113 outlines that regulations by the Board must be published in the Andhra Pradesh Gazette and sets penalties for breaches.
- S. 114The section grants the government authority to direct the Board to make or amend regulations or do so itself if the Board fails to act.
- S. 115The Government can initially create regulations under the Andhra Pradesh Maritime Board Act, 2018 upon notification.
- S. 116The section allows the government to amend the Act or enact new law to limit or transfer the Board's regulatory functions.
- S. 117Section mandates the Andhra Pradesh Maritime Board to post specific regulations and rate scales in Telugu and English at designated premises.
- S. 118Saving of right Government and Municipalities to use Wharves etc
- S. 119Section applies the Act's provisions to aircraft using ports while on water, similarly to vessels.
- S. 120The State Government can issue orders to resolve Act implementation issues, but only within two years, and must present them to the State Legislature for potential amendments.
- S. 121Section 121 allows Developers under the Andhra Pradesh Maritime Board Act to set their own rates and currency for services.
- S. 122Repeal savings - (1) The Andhra Pradesh Minor Ports Landing and Shipping Fees Act, 1885 is hereby repealed
- S. 123Section 123 prioritizes Customs Act, 1962 over Andhra Pradesh Maritime Board Act, 2018 in case of conflict.
- S. 124Section mandates compliance with the International Ship and Port Facility Security Code for all applicable ports.
- S. 125Section 125 appoints a Port Facility Security Officer for each port to oversee and coordinate port security with relevant organizations.
- S. 126Ports Security Advisory Committee THE ANDHRA PRADESH MARITIME BOARD ACT, 2019 ACT No