The ODISHA MARITIME BOARD ACT, 2020
odisha · 2022
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1—
- S. 2Section 2 defines key terms used in the Odisha Maritime Board Act, 2020, including "administration," "board security," and "goods."
- S. 3Section 3 establishes the Odisha Maritime Board, defines its powers, and outlines its membership and structure.
- S. 4Section 4 bars certain individuals from serving on the Odisha Maritime Board if they meet specific disqualifying criteria.
- S. 5Section 5 specifies that members listed in clause (xii) of Section 3 hold office for three years.
- S. 6Section 6 outlines conditions under which a member of the Odisha Maritime Board can be removed or resign.
- S. 7Subject to the provisions contained in sections 4 and 6, any person ceasing to be a member, shall be eligible for reap
- S. 8Section 8 outlines the process for filling vacancies in the Odisha Maritime Board, specifying terms for certain members and prohibiting filling vacancies close to term expiration.
- S. 9Section appoints a substitute Chairperson for the Odisha Maritime Board when the original Chairperson is absent.
- S. 10Section 10 outlines the procedures for meetings and committee formation by the Odisha Maritime Board.
- S. 11Committees of the Board
- S. 12Section 12 allows Board members to vote via video conferencing if absent from meetings, and Section 13 outlines fees and allowances for members.
- S. 13Fees and allowances payable to the members
- S. 14Section 14 requires board or committee members to disclose any personal financial interests in matters they consider and refrain from voting on those matters.
- S. 15Section 15 ensures the Board's actions remain valid despite vacancies, constitutional defects, or procedural irregularities.
- S. 16The Chairperson and the Member Secretary shall exercise such powers and perform such duties as may be prescribed by th
- S. 17The Board can delegate specified powers and duties to the Chief Executive Officer, subject to Board supervision.
- S. 18(1) The Board shall exercise such powers and perform such duties as may be necessary to give effect to the purposes of
- S. 19Section 19 outlines the State Government's approval of the Board's staff structure, qualifications, and appointment terms.
- S. 20Section 20 transfers all port-related assets, debts, contracts, and employees from the State Government to the Odisha Maritime Board.
- S. 21Section 21 maintains pre-appointed date port rates and fees at previous state government levels unless varied by the Odisha Maritime Board.
- S. 22Section 22 details the repayment terms for capital provided by the State Government to the Board, including interest rate and expenditure charges.
- S. 23Section allows the State Government to acquire land for the Board using the 2013 Land Acquisition Act.
- S. 24Section 24 outlines conditions for the Odisha Maritime Board's contract-making powers, including approval requirements by the State Government for certain contracts.
- S. 25Powers of the Board to execute works and provide appliances
- S. 26Power of the Board in undertaking certain works
- S. 27Section 27 declares completed port facilities ready for operations after customs compliance and approval.
- S. 28Section 28 empowers the Odisha Maritime Board to direct vessels to use specified docks and berths, with customs compliance, for loading/unloading.
- S. 29Section 29 allows the Odisha Maritime Board to order vessel removal from its docks and charge for non-compliance.
- S. 30Section 30 allows the State Government to permit specified vessels to discharge or ship goods at designated port areas if deemed in public interest.
- S. 31Board to declare when vessels other than sea going vessels compelled to use dock, wharves, etc
- S. 32Section 32 empowers the Odisha Maritime Board to provide various port services including stevedoring, goods handling, passenger transport, and vessel services.
- S. 33Responsibility of Board for loss, etc
- S. 34Accommodation to be provided for customs officers in wharves, etc
- S. 35Power to permit erection of private wharves, etc
- S. 36Compensation payable in certain cases where use of any private wharf, etc
- S. 37Section 37 appoints a Port Facility Security Officer for each operating port to oversee security and coordinate with relevant organizations.
- S. 38Section 38 outlines the Odisha Maritime Board's authority to set rates and conditions for various port services.
- S. 39Section 39 outlines the Board's authority to set rates and conditions for using its property and facilities.
- S. 40Section 40 allows the Board to set rates for specified services and property use, and Section 41 permits lower rates for coastal goods and special cases.
- S. 41Power to levy concessional rates in certain cases
- S. 42Section 42 mandates the Odisha Maritime Board's rates and conditions to be approved by the State Government before taking effect.
- S. 43Section 43 allows the State Government to direct the Board to cancel or modify maritime scales if deemed necessary.
- S. 44Section 44 allows the Board to exempt or remit rates or charges on goods, vehicles, or vessels in special cases.
- S. 45Section 45 of the Odisha Maritime Board Act, 2020 mandates refund claims for excess charges must be filed in writing within six months, while the Board can remit charges on its own.
- S. 46Notice of Payment of charges short levied or erroneously refunded
- S. 47Section 47 mandates immediate payment for landed goods and pre-removal payment for exported or transhipped goods.
- S. 48Section 48 grants the Odisha Maritime Board a lien on goods and premises for unpaid rates and rent, prioritizing it over other liens except for specific exceptions.
- S. 49Section 49 allows a vessel owner to claim a lien on goods at a Board-controlled dock, with goods retained until lien is discharged.
- S. 50Section 50 allows the Board to sell goods to recover unpaid rates, rent, or freight charges after giving notice.
- S. 51Section 51 allows the Odisha Maritime Board to sell goods left in its custody for one month if not claimed by the owner.
- S. 52Section 52 outlines the application of proceeds from sales to cover expenses, liens, penalties, and other dues, with any surplus going to the goods' importer or owner.
- S. 53Section 53 allows the Odisha Maritime Board to detain or sell vessels that fail to pay dues or penalties.
- S. 54Section 54 mandates that port clearance for vessels is withheld until due rates or damages are paid.
- S. 55Section 55 allows the Board to raise loans with State Government approval, either through board securities or from the State or approved lenders.
- S. 56Section 56 allows the Board to specify board securities' form, transfer conditions, and holders' right to sue.
- S. 57Section 57 allows board security payable to multiple persons to transfer to survivors or deceased's representatives upon death.
- S. 58Section allows any joint holder of board security to receive interest payments unless other holders notify the board otherwise.
- S. 59Section 59 validates the Board's endorsement of transferrable securities when signed per the Negotiable Instruments Act.
- S. 60Section 60 makes an endorser of board securities liable for payment unless liability is excluded under the Negotiable Instruments Act.
- S. 61Section 61 allows authorized signatures on board securities to be mechanically reproduced, and Section 62 allows the Board to issue duplicate securities and interest payments for lost, stolen, or destroyed securities.
- S. 62Issue of duplicate security
- S. 63Section 63 allows the Odisha Maritime Board to convert, consolidate, or subdivide securities under prescribed conditions, issuing new ones accordingly.
- S. 64Discharge in certain cases
- S. 65Section 65 ensures loans by the Odisha Maritime Board are first charge on its property, except for specific funds and rates.
- S. 66Section 66 allows the State Government to treat loans to the Board like board securities, with priority loans having precedence.
- S. 67Section allows the Board to use funds for premature payment to the State Government, with State Government approval, adjusting interest accordingly.
- S. 68Section 68 mandates the Odisha Maritime Board to set aside a sinking fund for non-repayable loans, unless directed otherwise by the State Government.
- S. 69Section 69 mandates the investment of sinking fund sums in approved securities and their use for debt repayment.
- S. 70Section 70 mandates annual examination of the sinking fund by a government-appointed person and directs the Board to augment or adjust it as needed.
- S. 71Section 71 allows the Odisha Maritime Board to borrow under the Local Authorities Loans Act, 1914.
- S. 72Section 72 allows the Board to borrow money through temporary overdrafts or loans, subject to state government approval and specific conditions.
- S. 73Section 73 allows the Odisha Maritime Board to raise loans from foreign institutions with state government approval.
- S. 74General Fund of the Board
- S. 75Section 75 allocates funds from the General Fund to pay various expenses and liabilities of the Odisha Maritime Board.
- S. 76Section allows the Board to use General Fund money to cover deficits in specific accounts with State Government approval.
- S. 77Section 77 allows the Board to reserve surplus income for facility expansion, emergency funds, and other unforeseen expenses.
- S. 78Power to reserve Board's securities on Board's own investments
- S. 79The Board cannot charge capital expenditures without prior State Government approval, except within specified limits and conditions.
- S. 80Section 80 prohibits the Odisha Maritime Board from starting or contracting for new work or appliances over a set cost without Board approval.
- S. 81The Chief Executive Officer can authorize and contract for work under a specified cost limit and must report to the Board.
- S. 82The Board can settle claims or lawsuits with compensation, but needs government approval for other settlements.
- S. 83The Board can write off irrecoverable amounts or losses, but must get state approval for amounts exceeding prescribed limits.
- S. 84Section 84 applies Board's powers and restrictions to port works and related budget estimates.
- S. 85Section 85 mandates the Odisha Maritime Board to prepare and submit annual financial estimates to the State Government for approval.
- S. 86The Board can prepare additional estimates for the remainder of a fiscal year and apply previous section provisions to them.
- S. 87The Odisha Maritime Board can re-appropriate unspent funds from one estimate to cover excess in another, barring emergencies.
- S. 88Section 88 regulates the Odisha Maritime Board's expenditure limits and emergency spending reporting to the State Government.
- S. 89Section 89 mandates the Odisha Maritime Board to maintain records, audit annually, and submit audit reports to the State Government and Board Chairperson.
- S. 90Preparation and submission of audit report
- S. 91Section 91 mandates the Odisha Maritime Board to correct audit report issues and report actions to the State Government, which resolves any disputes.
- S. 92Section 92 resolves disagreements between the Odisha Maritime Board and Auditor by referring unresolved issues to the State Government for final directions.
- S. 93Section 93 mandates the Odisha Maritime Board to submit an annual port administration report to the State Government by April 1st.
- S. 94Section 94 mandates the Odisha Maritime Board to submit annual income and expenditure reports and makes them publicly inspectable under the Right to Information Act.
- S. 95Section 95 allows the State Government to temporarily replace the Odisha Maritime Board if it fails to perform duties, with a maximum six-month supersession period.
- S. 96Power of the State Government to give directions to the Board
- S. 97Section 97 deems Board employees as public servants under Indian Penal Code and Prevention of Corruption Act.
- S. 98Section penalizes non-compliance with board orders or conditions with fines up to ₹5,000, increasing daily by ₹500.
- S. 99Section imposes fines for non-compliance with section 35, up to ₹5,000 initially and ₹500 daily thereafter.
- S. 100Section penalizes intent to evade maritime rates by understating goods details or removing goods, with fines up to twice the due rate.
- S. 101Section 101 allows the Odisha Maritime Board to recover damages caused by vessel negligence through distress sale of the vessel's property.
- S. 102Section 102 imposes a fine up to 1,000 rupees for violating Odisha Maritime Board Act, 2020 without a specified penalty.
- S. 103Section 103 specifies that only Metropolitan Magistrates or Judicial Magistrates of the first class can try offenses under the Odisha Maritime Board Act, 2020.
- S. 104Section 104 holds company officers liable for offenses committed by the company if they were in charge, negligent, or consented to the offense.
- S. 105Section 105 establishes a State Ports Consultative Committee to advise the Board on port and coastal administration issues.
- S. 106Local Advisory Committee
- S. 107Limitation of proceeding in respect of things done under this Act
- S. 108Section 108 protects the Board, its members, and employees from lawsuits for actions done in good faith under the Act.
- S. 109(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of thi
- S. 110Power to make regulations
- S. 111(1) No regulation made by the Board under this Act shall have effect until the same has been published in the Official
- S. 112Section 112 empowers the State Government to direct the Board to make or amend regulations and can do it themselves if the Board fails to act.
- S. 113Section 113 mandates the first regulation under the Odisha Maritime Board Act to be made by the State Government and published in the Official Gazette.
- S. 114Section 114 mandates the Odisha Maritime Board to display key regulations and rate scales in local language and English at designated premises.
- S. 115Section 115 of the Odisha Maritime Board Act, 2020 applies the Act's provisions to aircraft using ports on water like vessels.
- S. 116Power to remove difficulties
- S. 117Repeal of Odisha Act 30 of 1962
- S. 196252 of 1962
- S. 198845 of 1860
- S. 200522 of 2005
- S. 2021(2) It extends to the whole of the State of Odisha