Amendment status not verified — confirm the current text below against the official source.
Functions of the Board - (1) The Board shall, subject to the provisions of this Act, have administrative control over the port areas in the State, and exercise the following functions namely,- (a) to initiate and develop plans and frame guidelines for the port sector in the State; (b) to be the State Government’s agency in protection of its sovereign rights in governing waterfront land on the state coastline; (c) to promote the use, development and improvement of non-major Ports in the State; (d) to facilitate the development of port connectivity projects, and other inland infrastructure needed for the effective development of non- major Ports in the state; (e) to provide, maintain and operate ports in the State; (f)to be designated as the State’s agency in all contracts and agreements entered with private port developers, including but not limited to concession, state support and land lease agreements for the purpose of enabling port infrastructure development, and be assigned all associated duties and obligations; (g) to actively monitor the performance of private port developers and conduct independent performance audits on operations, capacity development, safety and security; (h) to provide and maintain adequate and efficient lighthouses, beacons and other lights, buoys and other navigational aids and services at such places as the Board may deem appropriate; (i)to regulate and control navigation within the limits of the port and the approaches to the ports of the State; (j)to exercise licensing and regulatory functions in respect of port infrastructure and services; (k) to exercise supervision and control over all port works in the state including those works contracted out to third parties; (l)to frame, make modifications and approve as required, the scale of rates for services provided by the Board which shall be collected from users of the State’s ports through the port operators and developers; (m) to plan or provide or secure the provision of, a safe, economical and efficient sea transport system for movement of goods and persons in the State; (n) to provide or ensure the provision of such other services and facilities as are in the opinion of the Board necessary for the operations of the ports in the State; (o) to furnish to the Government all information in respect to its property and activities in such manner and at such times as the Government may require; (p) to enable development of existing and new non-major ports in the State as per Indian Ports Act, 1908, and other State Acts; (q) to encourage port based industries and economic activity within port areas and in areas physically connected thereto; (r) to promote environmental enhancement of the onshore and offshore areas within its jurisdiction in addition to meeting statutory environmental standards and conditions set by International, National and State authorities from time to time; (s) to have the right to acquire and sell shares in Special Purpose Vehicles, executing Ports and related infrastructure facilities, for the purpose of effective discharge of its functions, and to secure the rights of the state government; (t) to be empowered to receive grants and loans from the state government for the purpose of investment in maritime and its related infrastructure and services; (u) to undertake technical economic and comparative studies from time to time, in order to maintain a rolling maritime Master Plan, that shall form the basis of port capacity development; (v) to promote development of shipbuilding, ship-breaking, ship repair, Inland water navigation and infrastructure creation and coastal shipping, along the coastline of the state; (w) to acquire land and sell, lease or allot them towards creation of port and port-linked infrastructure facilities; (x) to promote the development of allied Maritime and Logistic activities like tourism, education and skill building etc. Or any other activity as may be specified by Government from time to time; (y) to implement the policy of the Government, the orders of the Government and directions of the Government that may be issued from time to time in respect of all non-major ports in the State. (z) To develop new non-major ports in the State as per Indian Ports Act, 1908 with the approval of the Government subject to obtaining security clearance for new projects from Ministry of Home Affairs, Government of India. (za) To maintain and regulate ferry services and inland water transport system: Provided that the Board shall ensure that all security clearance pertaining to projects/developments/operation of non-major/private ports are processed in consultation with concerned Central Security Agencies and in accordance with the Standard Operating Procedure recommended by the task force on national security committee on strengthening maritime and coastal security (NCSMCS) against threats from the sea. (zb) To recommend to the State Government new and innovative policies conducive to enhance trade volumes and private investment in the maritime sector and its allied areas (zc) To provide or ensure the providing of such other services and other facilities as are in the opinion of the Board necessary for the efficient operation of ports systems in the State. (zd) To take up Public Private Partnership (PPP) Projects as per the guidelines of erstwhile Planning Commission as subsequently amended, by Government of India. (2) Notwithstanding anything contained in any other State Act, the State Government shall constitute a Port Proximal Area Development Authority (PPADA) for each Port, under the chairmanship of the Board, and with ex-officio representation from Department of Industries, Department of Infrastructure and local authorities governing the area upto and within a distance of 10 km measured outward towards the land side from the port’s limits, but not exceeding beyond its exclusivity limits along the shore which are defined under the concession agreement. The Authority shall prepare a master plan for the said area. Such plans shall be submitted to the State Government for notification. The local authorities providing sanctions for development/buildings shall seek prior approval of the Authority before sanctioning such developments/ buildings if it is not in accordance with such notified master plan as may be notified by the Government from time to time. (3) Nothing in this section shall be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court. (4) Board can also take up development of Port outside the State. (5) In addition to the functions under sub-section (1), the Board shall undertake such other functions as the Government may assign to the Board from time to time, and the provisions of this Act shall apply to the Board in respect of such functions.