The Odisha Port Trust Act, 1962
odisha · 1962
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1For t & ~ Statement of Objects and RtasoM sx Orissa Guzdlc a'xtraardi
- S. 3Section 3 establishes a Board of Trustees for managing and administering a port in Odisha.
- S. 4(1) The Board shall consist of the f~ll~~ingcarn~asition trustees, nafpely :- o r the Board
- S. 5(1) The Chairman and the Vice-chairman see
- S. 6Section 6 of the Odisha Port Trust Act, 1962, outlines the composition, appointment, and removal of trustees for the Port Trust.
- S. 7If any appointed trustee or nominated non- T a p o w abstnc o i official trustee
- S. 8(1) A person shall be disqualified for becom- ing a Trustee if he-- cation ~ O I cffico or ld not a citizen of In
- S. 9Section 9 outlines the remuneration, conditions of service, and benefits for the Chairman, Vice-Chairman, and acting Chairman of the Odisha Port Trust.
- S. 10Section 10 allows the government to set fees and conditions for trustees' attendance at board meetings.
- S. 12Section 12 mandates recording and publication of Board meeting minutes and orders, with government access.
- S. 13Section 13 of the Odisha Port Trust Act, 1962 allows the Board to form Standing Committees to exercise its powers and duties.
- S. 14Section 14 prohibits trustees from voting on matters in which they have a pecuniary interest and outlines procedures for handling such conflicts.
- S. 15No act or proceedings of the Board or of any Vdidation of acts and Standing Committee shaU be invalid merely by reaso
- S. 16Section 16 of the Odisha Port Trust Act, 1962 allows the Board to delegate some powers and duties to the Chairman, subject to government approval.
- S. 20Section 20 allows the Board to make regulations for terms, conditions, and disciplinary procedures for officers and servants, subject to government approval.
- S. 21Section 21 grants the Chairman authority to appoint, promote, dismiss, and control officers and servants, subject to government orders and appeal.
- S. 22Notwithstanding anything to thc contrary in rrith sections 20 and 21- and to parrnit r e t i p mcnt jn certain ca
- S. 23(1) On the coming into force of this Act ali ztz property within the limits of the port other than ward
- S. 24Section 24 grants the Board power to acquire, hold, lease, or sell property, but requires government sanction for immovable property acquisitions, sales, or leases over ten years.
- S. 25When any immovable propedy is required for Orhnd Acquisitior the purposes of this Act, Government may ai the A C ~ ,
- S. 26Section 26 prevents any rights or claims against property vested in the Odisha Port Trust from accruing.
- S. 27(1) Subject to the pro+ions of this Act the 'h*BO"d
- S. 28Section 28 authorizes the Board to construct and maintain port facilities and equipment, including wharves, docks, railways, and navigational aids.
- S. 29Section 29 declares completed port facilities ready for use and allows the Board to allocate vessels for loading/unloading.
- S. 30When a sdficicnt number of wharves; quays* dation suiB
- S. 31Section 31 allows the Board to order a vessel to leave or not to approach its facilities if deemed necessary, with fines for non-compliance.
- S. 32(1) Notwithstanding anything contained iflw
- S. 33Section 33 allows the government to order surveys or examinations of the Board's works, with costs borne by the Board.
- S. 34Power of Government to testore or mmplete works at the cost of 'Ibe Board
- S. 35—
- S. 36Section 36 mandates the Odisha Port Trust Board to provide specified services for goods and relieves owners and vessel masters of liability for subsequent loss or damage.
- S. 37(1) The responsibility of the Board for the ~ a p o m i
- S. 38Section 38 allows the Board to delegate certain services or assume additional liabilities, subject to government approval.
- S. 39Section 39 applies provisions of sections 36 and 37 to any person whose services have been relinquished by the Port Trust Board.
- S. 40( I ) Save as otherwise rovided in this ACt md
- S. 41All moneys peyable to the credit of the
- S. 42(1) The moneys f r ~ m time to time ,credited 4pplimtion to the ruad shall, subject to the provisioils of section or
- S. 43The ~ h a b a h
- S. 44(1) The Board may, from time to -time set apart-as reserve fund or funds from out of its reve- nue
- S. 45—
- S. 46No work shall ,be
- S. 47The Ch~irrnan shall at a special meeting to sudsct b held 04n or before the 20th ' day of December Eslirn'E
- S. 48The estimates shall be printed in the form prescribed and a copy thereof shall be served on-cir~ulation each trustee
- S. 49Section 49 allows the Board to modify the estimates at meetings and pass them after any changes.
- S. 50Section 50 outlines the process for the Odisha Government to review and approve the Board's estimates.
- S. 51The Chairman may, in the course of any btimntes
- S. 52Save as otherwise provided in section 53 S U K ~ O the Board shnll not without the prior sanction of Budgct grnnt
- S. 53Section 53 allows the Odisha Port Trust Board to spend up to ₹2,000 more or ₹3,000 without funds, needing to report to the Government.
- S. 54Section 54 mandates annual submission of the Board's accounts to the Government and allows appointed auditors to examine related documents and personnel.
- S. 55(1) The Auditors sha 11, before the eipiry Audit of fourteen days of the completion of the audit,Rcpor'
- S. 56Section 56 allows the Odisha Port Trust Board to borrow funds for various authorized activities, subject to government approval.
- S. 57The time for repayment of any loan shall9 lonns tobe in no case, exceed sixty years, and the time for re- rcp3ld
- S. 58( I ) The Board may, with the sanction of Government, prescribe the form in which Port Trust
- S. 59Section 59 makes certain provisions of the Indian Securities Act, 1920 applicable to securities issued by the Odisha Port Trust.
- S. 60The Board may make regulations to carry makc regulations
- S. 62Government shall have, in respect of loans GoTernmat made by it to Boa~
- S. 63( I ) The Board may appIy any sum not bein g:ror0 ~ ~ s l e ~ ~ than ten thousand rupees which can be so applie lat
- S. 64In respect of a loan not repayable before the Establish- men1 of ink
- S. 65( I )
- S. 66Tilt ~iilkil~g fl-~ilb established Tor the Eanmina tion of sinking ljquidation cf nrly I - ~ x i l sil?
- S. 67Section 67 prioritizes loan interest and repayment payments over all other payments by the Board.
- S. 68N 0 t h ~ co ntni ned in this Act snall be demed Pqwer to to affect tl:c powc; cf the D03i
- S. 70—
- S. 71Without prejudice to the generality of parucdar of section 70 the Board shall, in particular, D orvia:
- S. 72Section 72 allows the Board to set rates for specified services and property use, pending government approval.
- S. 73Section 73 authorizes the Odisha Port Trust Board to submit scales and conditions for government sanction and to adjust rates with prior approval.
- S. 74No person shall be entitled to the refund of ovcr C ~ X E C S
- S. 75(1) If in any case- incrensc rates ciency of revenue
- S. 76If the Board neglects to submit increased rates to Government for approval, Government can directly increase them.
- S. 77Section 77 prohibits the Odisha Port Trust from leasing or selling any powers vested in it without government approval.
- S. 78Section 78 directs fines and penalties collected under the Odisha Port Trust Act to be paid to the Board and allows the government to transfer Port Fund balances to the Board.
- S. 79—
- S. 80Section 80 mandates immediate payment of rates for landed or exported goods from the Odisha Port Trust premises.
- S. 81Section 81 allows the Odisha Port Trust to seize goods until unpaid rates and rents are paid.
- S. 82Section 82 grants priority to the port trust's lien over other claims except for general average, freight, charges, and government dues.
- S. 83Section 83 allows vessel owners to notify the Board that goods remain liable for freight charges.
- S. 84Section 84 mandates retention of goods in custody until specified lien is discharged, with storage rent payable by the owner.
- S. 85Section 85 allows the Board to remove goods if a valid receipt is presented, after verifying its authenticity.
- S. 86Section 86 allows the Board to sell goods by auction if rates, rents, or freight charges remain unpaid.
- S. 87Section 87 mandates a 10-day notice for sale of goods via the Official Gazette unless immediate sale is necessary due to perishability.
- S. 88Section 88 mandates notice by registered post if owner's address is unknown, without invalidating bona fide purchaser's title.
- S. 89(1) The proceeds of
- S. 90Section 90 allows the Odisha Port Trust Board to seize and sell a vessel if its master fails to pay due rates or penalties.
- S. 91Section 91 prevents port clearance for vessels until due rates or penalties are paid.
- S. 92Section 92 allows recovery of dues from defaulters through a lawsuit in a competent court.
- S. 93The Board shall
- S. 94Section 94 prohibits the appointment of pilots or harbour-masters unless authorized by the government under the Indian Ports Act, 1908.
- S. 95Section 95 allows the Board to create special rules for pilots and harbour-masters, with penalties for non-compliance.
- S. 96Section 96 allocates pilotage account funds for pilot service vessel maintenance, salaries, pensions, and injury compensation.
- S. 97(1) Govcrnment may, after previous publi- po
- S. 98No regulation made by the Board shall have takccffcct
- S. 99The Board may from time to time make bye- I ~ S
- S. 100Section 100 mandates bye-law publication and government approval, with penalties for non-compliance and breach.
- S. 102Section 102 mandates the Board to display its bye-laws and rate schedules at various premises.
- S. 103Goverlulnent may by an order
- S. 104Any person who, being a Trustee or an
- S. 105Section 105 prohibits Odisha Port Trust Board officers from accepting bribes for official actions or inactions.
- S. 106Penalty for refusing or neglecting to appear before an auditor aC accounts, etc
- S. 107Whoever infrinzes any order issucd ~rnder
- S. 108Any person who without licence from e zz;:Yi
- S. 109(1) Any person, other than the Board orscrlinFup the Consei-va tor of the Port, who shell, witllou t fist u
- S. 110Section 110 imposes fines on owners of goods for understating or incorrectly describing goods at ports, up to twice the proper rates.
- S. 112Recovery of value of damage to property of Board 1 13,
- S. 113Section 113 penalizes removal or attempted removal of vessels or goods to evade payment of dues to the Board, with fines up to fifty rupees.
- S. 114Section 114 preserves the Chief Officer of Customs' existing powers under other laws.
- S. 115Section 115 protects the Board and individuals acting under the Odisha Port Trust Act from suits unless proper notice is given.
- S. 116Section 116 exempts the Board from liability for officers' or employees' acts, except with government sanction for special compensation.
- S. 117Submission of $turns and information to Ctovenunwt 11s
- S. 118Section 118 allows the government to revoke the Odisha Port Trust Board's powers if it fails to execute or maintain works.
- S. 206Any person who, when duly -required so to do Penalty Tor pcru5in[: or by any audjtor of accouilts mder section 54
- S. 317Section 317 mandates the Chairman to provide requested returns and information to the Government for the Act's purposes.