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THE MAJOR PORT TRUSTS ACT, 1963

Title : THE MAJOR PORT TRUSTS ACT, 1963

Year : 1963



No suit or other proceeding shall be commenced against a Board or any member or employee thereof for anything done, or purporting to have been done, in pursuance of this Act until the expiration of one month after notice in writing has been given to the Board or him stating the cause of action, or after six months after the accrual of the cause of action.



No suit or other legal proceeding shall lie against a Board or any member or employee thereof in respect of anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to or under the control of the Board.



(1) The Central Government may, by notification in the Official Gazette, make rules for all or any of the following purposes, namely:-

(a) The times and places of the meetings of a Board and the procedure to be followed for the transaction of business at such meetings;

(b) The fees and allowances payable to the members of a Board or of its committees;

(c) Any other matter in respect of which rules may be made by the Central Government.

(2) The power to make rules under this section is subject to the condition of the rules being made after previous publication.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session 1*[immediately following the session] or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be;

so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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1. Subs. by Act 29 of 1974, s. 35, for "in which it is so laid" (w.e.f. 1.2.1975).

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Without prejudice to any power to make regulations contained elsewhere in this Act, a Board may make regulations consistent with this Act for all or any of the following purposes, namely:-

(a) For the times and places of the meetings of its committees and for the procedure to be followed for the transaction of business at such meetings;

(b) For the form and manner in which contracts shall be made by the Board;

(c) For the form of receipt to be given under sub-section (2) of section 42;

(d) For the period within which notice may be given under sub-section (2) of section 43;

(e) For the guidance of persons employed by the Board under this Act;

(f) 1*for the safe, efficient and convenient use, management and control of the docks, wharves, quays, jetties, railways, tramways, buildings and other works constructed or acquired by, or vested in, the Board, or of any land or foreshore acquired by, or vested in, the Board under this Act;

(g) For the reception, porterage, storage and removal of goods brought within the premises of the Board, for the exclusive conduct of these operations by the Board or persons employed by the Board; and for declaring the procedure to be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged;

(h) For keeping clean the port, river or basins or the bank of the river and the works of the Board, and for preventing filth or rubbish being thrown therein or thereon;

(i) For the mode of payment of rates leviable by the Board under this Act;

(j) For regulating, declaring and defining the docks, wharves, quays, jetties, stages and piers vested in the Board on which goods shall be landed from vessels and shipped on board vessels;

(k) For regulating the manner in which, and the conditions under which, the loading and unloading of all vessels within the port or port approaches shall be carried out;

(l) For regulating the lighter age of cargo between ships or between ships and shore or between shore and ships;

(m) For the exclusion from the premises of the Board of disorderly or other undesirable persons and of trespassers;

(n) For ensuring the safety of the port;

(o) Generally, for the efficient and proper administration of the port.

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1. Subs. by s. 36, ibid., for cl. (f).

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(1) No regulation made by the Board under this Act 1*[other than a regulation made under sub-section (2) of section 17] shall have effect until it has been approved by the Central Government and until such approval has been published in the Official Gazette.

(2) No such regulation 2*[other than a regulation made under section 28,] shall be approved by the Central Government until the same has been published by the Board for two weeks successively in the Official Gazette and until fourteen days have expired from the date on which the same had been first published in that Gazette.

(3) Any regulation made under this Act other than a regulation made under section 28 may provide that a breach thereof shall be punishable with fine which may extend to 3*[two thousand rupees] and where the breach is a continuing one, with further fine which may extend to 4*[five hundred rupees] for every day after the first during which such breach continues.

(4) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation].

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1. Ins. by Act 29 of 1974, s. 37 (w.e.f. 1.2.1975).

2. Ins. by Act 17 of 1982, s. 20 (w.e.f. 31.5.1982).

3. Subs. by s. 20, ibid., for "two hundred rupees" (w.e.f. 31.5.1982)

4. Subs. by s. 20, ibid., for "fifty rupees" (w.e.f. 31.5.1982).

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(1) Whenever the Central Government considers necessary in the public interest so to do, it may, by order in writing together with a statement of reasons therefor, direct any Board to make any regulations for all or any of the matters specified in section 28 or section 76 or section 123 or to amend any regulations, within such period as the Central Government may specify in this behalf:

Provided that the Central Government may extend the period specified by it by such period or periods as it may consider necessary.

(2) If any Board, against whom a direction is issued by the Central Government under sub-section (1), fails or neglects to comply with such direction within the period allowed under sub-section (1), that Government may make the regulations or amend the regulations, as the case may be, either in the form specified in the direction or with such modifications thereof as the Central Government may think fit:

Provided
that before so making or amending the regulations the Central Government shall consider any objection or suggestion made by the Board within the said period.

(3) Where in pursuance of sub-section (2), any regulations have been made or amended, the regulations so made or amended shall be published by the Central Government in the Official Gazette and shall thereupon have effect accordingly.



Notwithstanding anything contained in this Act, the first regulations under this Act shall be made by the Central Government and shall have effect on being published in the Official Gazette.



The text of the regulations made under clauses (e) to (n) of section 123 and the scale of rates together with a statement of conditions framed by any Board under Chapter VI shall be prominently posted by the Board in English, in Hindi and in the regional language on special boards to be maintained for the purpose at the wharves, docks, piers and other convenient places on the premises of the Board.



Municipalities to usewharves, etc., for collecting duties and of power of Customs Officers Nothing in this Act shall affect:

(1) The right of the Central Government to collect customs duties or of any municipality to collect town duties at any dock, berth, wharf, quay, stage, jetty or pier in the possession of a Board, or

(2) Any power or authority vested in the customs authorities under any law for the time being in force.



The provisions of sections 35, 37, 38, 39, 40, 41, 42, 48, 49, 50, 64, 65, 115, 121, 123 and 124 shall apply in relation to all aircraft making use of any port while on water as they apply in relation to vessels.



(1) Notwithstanding anything contained in any other law for the time being in force, if a Board in exercise of the powers conferred on it by regulations made under this Act cancel the allotment of any premises made to any employee of the Board, the Board may, by notice in writing, order such allottee or any other person who may be in occupation of the whole or any part of the premises to surrender or deliver possession thereof to the Board or a person appointed by the Board in that behalf within such period as may be specified in the notice.

Explanation: For the purposes of this section, "premises" means any building or part of a building and includes:

(i) The gardens, grounds and out-houses, if any, appertaining to such building or part of a building;

(ii) Any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; and

(iii) Any furniture, books or other things belonging to the Board and found in such building or part of a building.

(2) If any allottee or other person refuses or fails to comply with an order made under sub-section (1), any magistrate of the first class may, on application made by or on behalf of the Board, order any police officer, with proper assistance, to enter into the premises and evict any person from, and take possession of, the premises and to deliver the same to the Board or a person appointed by the Board in that behalf and the police officer may, for the purpose, use such force as may be necessary.

(3) Any such notice as is referred to in sub-section (1) may be served:

(a) By delivering or tendering it to the allottee or any other person who may be in occupation of the whole or any part of the premises, or

(b) If it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises, or

(c) By registered post.



Without prejudice to any other action that may be taken under this Act, a Board may recover by suit any rates, damages, expenses, costs, or in the case of sale the balance thereof, when the proceeds of sale are insufficient, or any penalties payable to, or recoverable by, the Board under this Act or under any regulations made in pursuance thereof.



(1) Any requirement in this Act that a notification, order, rule or regulation issued or made by a Board or by the Central Government shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule or regulation shall-

(a) Where it is issued or made by the Board, be published in the Official Gazette of the State in which the port is situated, and

(b) Where it is issued or made by the Central Government, be published in the Gazette of India.

(2) Any notification, order, rule or regulation issued or made by the Central Government shall, for general information, be also republished in the Official Gazette of the State in which the port is situated.



(1) On the application of this Act to the port of Kandla, the Bombay Landing and Wharfage Fees Act, 1882 [Bombay Act of 1882] shall cease to have force in relation to that port.

(2) On the application of this Act to the ports of Cochin and Vishakhapatnam, the Madras Outputs Landing and Shipping Fees Act, 1885.(Madras Act 3 of 1885) shall cease to have force in relation to those ports.

(2A)1* On the application of this Act to the port of Bombay, the Bombay Port Trust Act, 1879, (Bombay Act 6 of 1879) except the provisions thereof relating to municipal assessment of the properties of the port of Bombay and matters connected therewith, shall cease to have force in relation to that port.

(2B) On the application of this Act to the port of Calcutta, the Calcutta Port Act, 1890, (Bengal Act 3 of 1890) except the provisions thereof relating to municipal assessment of the properties of the port of Calcutta and matters connected therewith, shall cease to have force in relation to that port.

(2C) On the application of this Act to the port of Madras, the Madras Port Trust Act, 1905, (Madras Act 2 of 1905) shall cease to have force in relation to that port.

(2D) Notwithstanding anything contained in sub-sections (2A), (2B) and (2C),-

(a) Every Trustee of the Board of Trustees of the port of Bombay or Madras holding office as such immediately before the application of this Act to the port of Bombay or Madras, as the case may be, shall be deemed to have been appointed or elected as such under this Act and shall continue to hold such office after such application until a Board of Trustees in respect of that port is constituted under the provisions of this Act;

(b) Every Commissioner of the port of Calcutta holding office as such immediately before the application of this Act to that port shall be deemed to have been appointed or elected as a Trustee under the provisions of this Act and shall continue to hold such office after such application until a Board of Trustees in respect of that port is constituted under the provisions of this Act;

(c) Anything done or any action taken or purported to have been done or taken (including any rule, regulation, bye-law, notification, order or notice made or issued or any resolution passed or any appointment or declaration made or any licence, permission or exemption granted or any rates, charges or duties levied or any penalty or fine imposed) under the Acts referred to in sub-sections (2A), (2B) and (2C) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

(2E) Upon the cesser of operation of the provisions of the Acts referred to in sub-section (2A), (2B) and (2C), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if the provisions first-mentioned were provisions contained in a Central Act and such cesser of operation were a repeal; and the mention of particular matters in sub-section (2D) shall not be held to prejudice or affect the general application of the said section 6 with regard to the effect of repeals].

(3) If immediately before the application of this Act to any other port, there is in force in that port any law which corresponds to this Act or to any provision thereof, that corresponding law shall, on such application, cease to have force in relation to that port

2*[and section 6 of the General Clauses Act, 1897, shall apply as if such corresponding law were a Central Act and such cesser of operation were a repeal].

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1. Ins. by Act 29 of 1974, s. 38 (w.e.f. 1-2-1975).

2. Ins. by Act 17 of 1978, s.

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If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enactments repealed by this Act to the provisions of this Act, the Central Government may, by general or special order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty:

1*Provided that no such order shall be made in respect of a port alter the expiry of a period of two years from the appointed day.

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1. Added by Act 29 of 1974, s. 39 (w.e.f. 1-2-1975).

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Last updated on April, 2016

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