The West Bengal Maritime Board Act, 2000
west-bengal · 2000
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the West Bengal Maritime Board Act, 2000
- S. 2Section 2 defines key terms used in the West Bengal Maritime Board Act, 2000, including "appointed day," "Board," and various maritime and property-related terms.
- S. 3Section 3 establishes the West Bengal Maritime Board, defines its powers, and outlines the appointment of its members by the State Government.
- S. 4Section 4 of the West Bengal Maritime Board Act, 2000 disqualifies individuals from Board membership if they have been dismissed from government service, convicted of moral offenses, are un-discharged insolvents, over 70, or have certain financial interests.
- S. 5(1) The Chairman shall hold office for such period as the State Government may determine
- S. 6Section 6 outlines conditions under which members of the West Bengal Maritime Board can be removed or resign.
- S. 7Any person ceasing to be a member shall, unless disqualified under section 4, be eligible for reappointment
- S. 8Section 8 details the process for filling vacancies in the West Bengal Maritime Board's Chairman and member positions.
- S. 9Section 9 outlines who acts as Chairman when the Chairman is incapacitated, absent, or deputed outside India.
- S. 10Section 10 outlines the meeting procedures and quorum requirements for the West Bengal Maritime Board.
- S. 11Section 11 allows the Board to form committees to handle delegated duties and sets meeting procedures.
- S. 12Section 12 specifies fees and allowances for Board members, excluding MPs, MLAs, and State employees.
- S. 13Section 13 prohibits Board members from voting on matters where they have a pecuniary interest.
- S. 14Section 14 ensures the validity of the Board's actions despite vacancies, constitutional defects, or procedural irregularities.
- S. 15The section allows the Board, with state approval, to delegate its powers to the Chairman or Vice-Chairman.
- S. 16Section 16 mandates the Chairman's attendance at Board meetings, reporting duties to the State Government, and supervisory control over Board staff.
- S. 17Section 17 of the West Bengal Maritime Board Act, 2000, mandates the State Government to appoint a Chief Executive Officer and other officers for the Board, subject to certain conditions.
- S. 18The section allows the State Government to appoint a Conservator for minor ports with powers and functions as per the Indian Ports Act, 1908.
- S. 19Section 19 outlines the functions of the West Bengal Maritime Board to establish, operate, and manage minor ports and related infrastructure in West Bengal.
- S. 20Section 20 allows the West Bengal Maritime Board to invite private or public sector entities to conduct studies, construct, and manage minor ports, subject to state government approval.
- S. 21Section 21 establishes the West Bengal Maritime Board's authority to set rates and conditions for port services and facilities, with State Government approval.
- S. 22Section 22 allows the Board to set lower rates for coastal goods and special cases without discrimination between Indian ports.
- S. 23Section 23 mandates the Board to publish and enforce approved rates and conditions after state government sanction.
- S. 24Section exempts government vessels and those used by the Board for inspection, and others for humanitarian purposes, from port rates.
- S. 25Section 25 allows the West Bengal Maritime Board to exempt or remit certain rates or charges on goods, vehicles, or vessels in special cases.
- S. 26The Board can create regulations for rate collection and other unspecified matters, subject to state approval and publication.
- S. 27Section 27 allows disputes over port rates between the Board and operators to be referred to the State Government for resolution.
- S. 28Section 28 mandates the West Bengal Maritime Board to inspect ports and manage them if services are neglected, and requires compliance with rates set by the Board.
- S. 29Section 29 mandates port operators to pay a fee to the West Bengal Maritime Board, set by the State Government, payable quarterly.
- S. 30The West Bengal Maritime Board Act allows the Board to perform works or services and lend vessels or employee services to others.
- S. 31Section 31 allows the West Bengal Maritime Board to declare a port facility ready for operations and direct vessels to dock for loading or unloading.
- S. 32The Board can ban seagoing vessel docking outside designated facilities at a port after sufficient infrastructure is provided.
- S. 33The West Bengal Maritime Board Act allows officers to direct vessel removal from Board property in emergencies, with fines for non-compliance.
- S. 34Section 34 grants the State Government power to exempt vessels from using docks and wharves if deemed necessary for public interest.
- S. 35Section 35 authorizes the West Bengal Maritime Board to declare and regulate non-seagoing vessel docking and anchoring in specified areas.
- S. 36Section 36 grants the West Bengal Maritime Board authority to provide various port services including stevedoring, goods handling, passenger transport, and vessel services.
- S. 37Section 37 outlines the West Bengal Maritime Board's liability for loss or damage of goods it takes charge of, governed by specific acts and contract sections.
- S. 38Section 38 mandates the West Bengal Maritime Board to maintain designated areas for customs officers and stipulates payment of rates to the Board for their use.
- S. 39Section 39 prohibits unauthorized constructions within port limits and mandates removal of unauthorized structures by the Board.
- S. 40Section 40 allows the West Bengal Maritime Board to close or remove unauthorized structures and provides compensation for those with prior permission.
- S. 41Section 41 mandates the deposit of all received funds into the general account fund for the Board's expenditures.
- S. 42The Board can allocate surplus income as reserve funds for facility expansion, emergencies, or revenue fluctuations, subject to state government limits.
- S. 43Section 43 limits capital expenditure by the West Bengal Maritime Board to specified limits without state government sanction.
- S. 44Section 44 mandates the West Bengal Maritime Board to submit an annual budget estimate to the State Government for approval.
- S. 45Section 45 mandates the West Bengal Maritime Board to maintain accounts, have annual audits by a state-appointed auditor, and grant audit rights similar to the Comptroller and Auditor General.
- S. 46Section 46 mandates the Auditor to submit audit reports to the State Government and Board, which must then be presented to the State Legislature.
- S. 47Section 47 mandates the Board to correct audit report defects and irregularities, and report actions to the State Government.
- S. 48Section resolves disagreements between the Board and Auditor by referring unresolved issues to the State Government for final orders.
- S. 49Section 49 allows the West Bengal Maritime Board to borrow funds with state government approval, either through board securities or from the state or approved banks.
- S. 50Section 50 allows the Board to set terms for issuing and exchanging its securities with state approval.
- S. 51(1) Notwithstanding anything contained in section 45 of the 9 of 1872
- S. 52Section allows any joint holder of a Board security to receive interest payments unless another holder notifies the Board otherwise.
- S. 53Section 53 requires the holder's signature on the back for valid transfer of Board securities.
- S. 54Section 54 exempts endorsers of Board securities from liability for any principal or interest payments.
- S. 55Section 55 allows authorized signatures on Board securities to be mechanically reproduced, which are legally valid.
- S. 56Section 56 allows a claimant to receive interest and a duplicate Board security if they prove a Board security was lost, stolen, or destroyed.
- S. 57Section 57 allows the West Bengal Maritime Board to convert, consolidate, or subdivide Board securities upon application and payment of prescribed fees.
- S. 58Section 58 of the West Bengal Maritime Board Act, 2000 discharges the Board from liabilities after six years for paid or reissued Board securities.
- S. 59Section 59 establishes that loans by the Board are a first charge on its property and rates.
- S. 60Section 60 grants the State Government loan remedies equivalent to Board securities holders, except for pre-existing loans with repayment priority.
- S. 61The Board can repay government loans early with state approval, adjusting interest accordingly.
- S. 62Section 62 mandates the West Bengal Maritime Board to create a sinking fund for non-repayable loans, unless loans from central or state governments are exempt.
- S. 63Section 63 mandates the Board to invest funds in approved securities and use accumulated sinking fund sums for debt repayment.
- S. 64Section 64 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. 65Nothing contained in this Act shall be deemed to affect the Power of to 9 of 1914
- S. 66Power of Board to take temporary loans or overdrafts
- S. 67Section 67 allows the West Bengal Maritime Board to raise loans from international sources with state government approval.
- S. 68Section 68 authorizes the West Bengal Maritime Board to make regulations with State Government approval for various operational and administrative matters.
- S. 69Regulations made by the West Bengal Maritime Board require publication in the Official Gazette to take effect.
- S. 70Section 70 imposes fines for breaching regulations under the West Bengal Maritime Board Act, 2000.
- S. 71Section mandates the West Bengal Maritime Board to submit an annual report to the State Government on port administration.
- S. 72The West Bengal Maritime Board must submit annual income and expenditure reports to the State Government as directed.
- S. 73(I) The State Government may, by notification, make rules for carrying out the purposes of this Act
- S. 74Section 74 allows the State Government to issue directions to the Board on policy matters, which the Board must comply with after expressing its views.
- S. 75Section 75 allows the State Government to temporarily suspend the West Bengal Maritime Board during emergencies or persistent default, vesting its powers and properties in the government.
- S. 76Section 76 deems employees of the West Bengal Maritime Board as public servants under the Indian Penal Code and the Prevention of Corruption Act.
- S. 77Section 77 imposes fines and daily penalties for non-compliance with Board orders, notifications, notices, and conditions, and for evading payment of lawful rates.
- S. 78Section 78 mandates that only Metropolitan Magistrates or higher can try offenses under the West Bengal Maritime Board Act.
- S. 79Section 79 holds company officers liable for offenses committed by the company, unless they prove lack of knowledge or due diligence.
- S. 80Section 80 allows the West Bengal Maritime Board to recover damages caused by vessel negligence through distress and sale of the vessel's property.
- S. 81Section 81 establishes a State Minor Ports Consultative Committee to advise on minor port development and administration.
- S. 82Section 82 provides immunity from lawsuits against the Board or its members/employees for actions taken under the Act, unless notice is given within 60 days or six months.
- S. 83Section 83 provides immunity from suits against the Board and its employees for actions done in good faith under the Act.
- S. 84Section 84 preserves the Central Government's customs duties and local authorities' statutory levies on Board-owned maritime infrastructure.
- S. 85Section 85 governs minor port facilities and services under the Indian Ports Act, with disputes referred to the State Government.
- S. 1914on short- term bills
- S. 1983Power to raise loans