35. Power of Board to execute works and provide appliances.—(1) A Board may execute such
works within or without the limits of the port and provide such appliances as it may deem necessary or
expedient.
(2) Such works and appliances may include—
(a) wharves, quays, docks, stages, jetties, piers and other works within the port or port approaches
or on the foreshore of the port or port approaches, with all such convenient arches, drains, landing
places, stairs, fences, roads, railways, bridges, tunnels and approaches and buildings required for the
residence of the employees of the Board as the Board may consider necessary;
(b) buses, railways, locomotives, rolling stock, sheds, hotels, warehouses and other
accommodation for passengers and goods and other appliances for carrying passengers and for
conveying, receiving and storing goods landed, or to be shipped or otherwise;
(c) moorings and cranes, scales and all other necessary means and appliances for loading and
unloading vessels;
(d) reclaiming, excavating, enclosing and raising any part of the foreshore of the port or port
approaches which may be necessary for the execution of the works authorised by this Act, or
otherwise for the purposes of this Act;
(e) such breakwaters and other works as may be expedient for the protection of the port;
(f) dredgers and other machines for cleaning, deepening and improving any portion of the port or
port approaches or of the foreshore of the port or port approaches;
(g) lighthouses, lightships, beacons, buoys, pilot boats and other appliances necessary for the safe
navigation of the port and of the port approaches;
(h) vessels, tugs or other boats for use within the limits of the port or beyond those limits, whether
in territorial waters or otherwise, for the purpose of towing or rendering assistance to any vessel,
whether entering or leaving the port or bound elsewhere, and for the purpose of saving or protecting
life or property and for the purpose of landing, shipping or transhipping passengers or goods under
section 42;
(i) sinking of tube-wells, and equipment, maintenance and use of boats, barges and other
appliances for the purpose of the supply of water at the port;
(j) engines and other appliances necessary for the extingushing of fires;
18
1
[(k) construction of models and plans for carrying out hydraulic studies;
(l) dry docks, slipways, boat basins and workshops to carry out repairs or overhauling of vessels,
tugs, boats, machinery or other appliances.]
2
[35A. Power with respect to landing places and bathing ghats.—Without prejudice to the powers
exercisable under section 35, the Board of Trustees for the port of Calcutta may, if it considers it
necessary so to do for the purposes of this Act,—
(i) provide for sufficient number of public landing places from and upon which the public shall be
permitted to embark and to land free of charge;
(ii) occupy any bathing ghat, or remove any landing place, within the port and thereafter prohibit
the public from resorting to or using the same:
Provided that the Board shall not exercise any power under this section unless it reserves, sets out,
makes and provides for the use of the public, such number of bathing ghats within the port as the Central
Government may direct.]
36. Power of Board to undertake certain works.—3
[(1)] A Board may undertake to carry out on
behalf of any person any works or services or any class of works or services, on such terms and
conditions as may be agreed upon between the Board and the person concerned.
4
[(2) A Board may, if it considers it necessary or expedient in the public interest so to do, lend any of
its vessels or appliances or the services of any of its employees to any person for such period not
exceeding three months and on such terms and conditions as may be agreed upon between the Board and
the person concerned.]
37. Power of Board to order sea-going vessels to use docks, wharves, etc.—(1) When any dock,
berth, wharf, quay, stage, jetty or pier erected at any port or port approaches under the provisions of this
Act has been completed with sufficient warehouses, sheds and appliances for receiving, landing or
shipping goods or passengers from and upon sea-going vessels, the Board may, after obtaining the
approval of the Collector of Customs and by notification published in three consecutive issues of the
Official Gazette, declare that such dock, wharf, quay, stage, jetty or pier is ready for receiving, landing
and shipping or for landing or for shipping goods or passengers from and upon sea-going vessels.
(2) As from the date of the publication of such notification for the third time, it shall be lawful for the
Board, from time to time, when there is room at such dock berth, wharf, quay, stage, jetty or pier, to order
to come alongside of such dock, berth, wharf, quay, stage, jetty or pier for the purpose of landing and
shipping goods or passengers or for landing or for shipping the same, any sea-going vessel within the port
or port approaches which has not commenced to discharge goods or passengers, or which being about to
take in goods or passengers, has not commenced to do so:
Provided that before making such order, the Board shall have regard, as far as possible, to the
convenience of such vessel and of the shippers, in respect of the use of any particular dock, berth, wharf,
quay, stage, jetty or pier:
Provided further that if the Board is not the conservator of the port, the Board shall not itself make the
order as aforesaid but shall require the conservator of the port, or other person exercising the rights,
powers, and authorities of the conservator of the port, to make such order.
38. If accommodation sufficient, all sea-going vessels compelled to use docks, wharves,
etc.—When a sufficient number of docks, berths, wharves, quays, stages, jetties or piers have been
provided at any port or port approaches as aforesaid, the Board may, after obtaining the approval of the
Collector of Customs and by notification published in three consecutive issues of the Official Gazette,
direct that no goods or passengers shall be landed or shipped from or upon any sea-going vessel within
1. Ins. by Act 29 of 1974, s. 15 (w.e.f. 1-2-1975).
2. Ins. by s. 16, ibid. (w.e.f. 1-2-1975).
3. Section 36 re-numbered as sub-section (1) thereof by s. 17, ibid. (w.e.f. 1-2-1975).
4. Ins. by s. 17, ibid. (w.e.f. 1-2-1975).
19
the port or port approaches otherwise than at such docks, berths, wharves, quays, stages, jetties or piers,
except with the sanction of the Board and in accordance with such conditions as the Board may specify.
39. Power to order vessels not to come alongside of, or to be removed from docks, wharves,
etc.—Any officer appointed by the Board in this behalf may, in cases of emergency or for any reason
which appears to him sufficient, by notice in writing, order the master or owner or agent of any sea-going
vessel not to bring such vessel alongside of, or to remove such vessel from, any dock, berth, wharf, quay,
stage, jetty or pier belonging to or under the control of the Board, and, if such notice is not complied with
1
[the Board may charge, by way of penalty, in respect of such vessel such sum as it thinks fit, not
exceeding ten thousand rupees] for each day of twenty-four hours, or portion of such day, during which
such vessel remains at such dock, berth, wharf, quay, stage, jetty or pier:
Provided that in the case of a vessel ordered to be removed, such charge shall not commence to be
made till after the expiry of twelve hours from the service of such notice as aforesaid on the master or
owner or agent of the vessel.
40. Power of Central Government to exempt from obligation to use docks, wharves,
etc.—Notwithstanding anything contained in sections 37 and 38, the Central Government may, if in its
opinion it is necessary in the public interest so to do, by general or special order, from time to time,
permit certain specified vessels or classes of vessels to discharge or ship goods or certain specified goods
or classes of goods, at such place in a port or within the port approaches, in such manner, during such
period and subject to such payments to the Board and on such conditions as the Central Government may
think fit.
41. Board to declare when vessels other than sea-going vessels compelled to use docks, wharves,
etc.—(1) When any dock, berth, wharf, quay, stage, jetty or pier for receiving, landing or shipment of
goods or passengers from or upon vessels, not being sea-going vessels, has been made and completed
with all proper appliances in that behalf, the Board may, after obtaining the approval of the Collector of
Customs, by order published in three consecutive issues of the Official Gazette,—
(i) declare that such dock, berth, wharf, quay, stage, jetty or pier is ready for receiving, landing or
shipment of goods or passengers from or on vessels, not being sea-going vessels, and
(ii) direct that within certain limits to be specified therein it shall not be lawful, without the
express sanction of the Board, to land or ship any goods or passengers out of, or into, any vessel, not
being a sea-going vessel, of any class specified in such order, except at such dock, berth, wharf, quay,
stage, jetty or pier.
(2) As from the date of the publication of the order mentioned in sub-section (1) for the third time, it
shall not be lawful, without the consent of the Board, for any vessel of such class,—
(i) to land or ship any goods or passengers at any place within the limits so specified except at
such dock, berth, wharf, quay, stage, jetty or pier; or
(ii) while within such limits, to anchor, fasten or lie within fifty yards of the ordinary low-water
mark.
(3) If after the publication of such order, any such vessel shall, while within the limits so specified, so
anchor, fasten or lie, it shall be lawful for the Board to cause the same to be removed out of the said limits
at the expense of the master or owner or agent of the vessel.
42. Performance of services by Board or other person.—(1) A Board shall have power to
undertake the following services:—
(a) landing, shipping or transhipping passengers and goods between vessels in the port and the
wharves, piers, quays or docks belonging to or in the possession of the Board;
(b) receiving, removing, shifting, transporting, storing or delivering goods brought within the
Board’s premises;
1. Subs. by Act 17 of 1982, s. 12, for “the Board may charge in respect of such vessel such sum as it thinks fit, not exceeding one
thousand rupees” (w.e.f 31-5-1982).
20
(c) carrying passengers by rail or by other means within the limits of the port or port approaches,
subject to such restrictions and conditions as the Central Government may think fit to impose; 1
***
(d) receiving and delivering, transporting and booking and despatching goods originating in the
vessels in the port and intended for carriage by the neighbouring railways, or vice versa, as a railway
administration under the Indian Railways Act, 1890 ( 9 of 1890); 2
***
3
[(e) piloting, hauling, mooring, remooring, hooking, or measuring of vessels or any other service
in respect of vessels;] 4
[and]
4
[(f) developing and providing, subject to the previous approval of the Central Government,
infrastructure facilities for ports.]
(2) A Board may, if so requested by the owner, take charge of the goods for the purpose of
performing the service or services and shall give a receipt in such form as the Board may specify.
(3) Notwithstanding anything contained in this section, the Board may, with the previous sanction of
the Central Government, authorise any person to perform any of the services mentioned in sub-section (1)
on such terms and conditions as may be agreed upon.
4
[(3A) Without prejudice to the provisions of sub-section (3), a Board may, with the previous
approval of the Central Government, enter into any agreement or other arrangement (whether by way of
partnership, joint venture or in any other manner) with, any body corporate or any other person to perform
any of the services and functions assigned to the Board under this Act on such terms and conditions as
may be agreed upon.]
(4) No person authorised under sub-section (3) shall charge or recover for such service any sum in
excess of the amount 5
[specified by the Authority, by notification in the Official Gazette].
(5) Any such person shall, if so required by the owner, perform in respect of goods any of the said
services and for that purpose take charge of the goods and give a receipt in such form as the Board may
specify.
(6) The responsibility of any such person for the loss, destruction or deterioration of goods of which
he has taken charge shall, subject to the other provisions of this Act, be that of a bailee under
sections 151, 152 and 161 of the Indian Contract Act, 1872 ( 9 of 1872).
(7) After any goods have been taken charge of and a receipt given for them under this section, no
liability for any loss or damage which may occur to them shall attach to any person to whom a receipt has
been given or to the master or owner of the vessel from which the goods have been landed or transhipped.
43. Responsibility of Board for loss, etc., of goods.—(1) Subject to the provisions of this Act, the
responsibility of any Board for the loss, destruction or deterioration of goods of which it has taken charge
shall,—
(i) in the case of goods received for carriage by railway, be governed by the provisions of the
Indian Railways Act, 1890 (9 of 1890); and
(ii) in other cases, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act,
1872 (9 of 1872), omitting the words “in the absence of any special contract” in section 152 of that
Act:
6
[Provided that no responsibility under this section shall attach to the Board—
(a) until a receipt mentioned in sub-section (2) of section 42 is given by the Board; and
1. The word “and” omitted by Act 29 of 1974, s. 18 (w.e.f. 1-2-1975).
2. The word “and” omitted by Act 22 of 2000, s. 2 (w.e.f. 1-9-2000).
3. Ins. by Act 29 of 1974, s. 18 (w.e.f. 1-2-1975).
4. Ins. by Act 22 of 2000, s. 2 (w.e.f. 1-9-2000).
5. Subs. by Act 15 of 1997, s. 12, for “leviable according to the scale framed under section 48 or section 49 or section 50”
(w.e.f. 9-1-1997).
6. Subs. by Act 29 of 1974, s. 19, for the proviso (w.e.f. 1-2-1975).
21
(b) after the expiry of such period as may be prescribed by regulations from the date of taking
charge of such goods by the Board.]
(2) A Board shall not be in any way responsible for the loss, destruction or deterioration of, or
damage to, goods of which it has taken charge, unless notice of such loss or damage has been given
within such period as may be prescribed by regulations made in this behalf 1
[from the date of taking
charge of such goods by the Board] under sub-section (2) of section 42.
44. Accommodation to be provided for customs officers in wharves, etc., appointed under
Customs Act.—Where the Collector of Customs has, under the provisions of any Act for the levy of
duties of customs, appointed any dock, berth, wharf, quay, stage, jetty, pier warehouse or shed or a
portion of any warehouse or shed provided at any port under the provisions of this Act for the use of
sea-going vessels to be an approved place for the landing or shipping of goods or a warehouse for the
storing of dutiable goods on the first importation thereof without payment of duty, within the meaning of
the first-mentioned Act, the Board shall set apart and maintain such place on or adjoining such dock,
berth, wharf, quay, stage, jetty or pier, or in such warehouse or shed or portion thereof, for the use of
officers of customs as may be necessary.
45. Dues at customs wharves, etc.—Notwithstanding that any dock, berth, wharf, quay, stage, jetty,
pier, warehouse or shed or portion thereof at any port has, under the provisions of section 44, been set
apart for the use of the officers of customs at the port, all rates and other charges payable under this Act in
respect thereof, or for the storage of goods therein, shall be payable to the Board, or to such person or
persons as may be appointed by the Board to receive the same.
46. Power to permit erection of private wharves, etc., within a port subject to
conditions.—(1) No person shall make, erect or fix within the limits of a port or port approaches any
wharf, dock, quay, stage, jetty, pier, erction or mooring 2
[or undertake any reclamation of foreshore
within the said limits] except with the previous permission in writing of the Board and subject to such
conditions, if any, as the Board may specify.
(2) If any person makes, erects or fixes any wharf, dock, quay, stage, jetty, pier, erection or mooring
2
[or undertakes any reclamation of foreshore] in contravention of sub-section (1), the Board may, by
notice, require such person to remove it within such time as may be specified in the notice and if the
person fails so to remove it, the Board may cause it to be removed at the expense of that person.
47. Compensation payable in certain cases where use of any private wharf, etc., rendered
unlawful.—(1) Where, as a result of an order published under section 38 or section 41, the use of any
wharf, dock, berth, quay, stage, jetty or pier, made, fixed or erected by any person is rendered unlawful,
the Board may, after hearing the person concerned, by order, close, remove, fill up or destroy such wharf,
dock, berth, quay, stage, jetty or pier, or permit the use thereof to such person on payment of such rates
and charges as the Board may, with the previous sanction of the Central Government, determine.
(2) Save as otherwise provided under sub-section (3) no person shall be entitled to claim
compensation for any injury, damage or loss caused or alleged to have been caused by an order made
under sub-section (1).
(3) If it is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty or
pier, was made, fixed or erected by any person with the previous permission of the authority competent to
grant such permission, he shall be paid by the Board compensation the amount of which shall be
determined in the manner and in accordance with the principles hereinafter set out, that is to say—
(a) in computing the compensation, there shall not be taken into account any rates or other
charges which such person shall be liable to pay for using any wharf, dock, berth, quay, stage, jetty or
pier provided by the Board;
(b) the amount of compensation shall be calculated with reference to the cost of construction of
such wharf, dock, berth, quay, stage, jetty or pier;
1. Subs. by Act 29 of 1974, s. 19, for “from the date of the receipt given for the goods” (w.e.f. 1-2-1975).
2. Ins. by s. 20, ibid. (w.e.f. 1-2-1975).
22
(c) where the amount of compensation can be fixed by agreement, it shall be paid in accordance
with such agreement;
(d) where no such agreement can be reached, the Central Government shall appoint as arbitrator,
a person who is, or has been, or is qualified for appointment as, a Judge of a High Court;
(e) the Central Government may, in any particular case, nominate a person possessing special
knowledge of any matter relating to any case under inquiry to assist the arbitrator in determining any
question which has to be decided by him under this section, and where such nomination is made the
person to be compensated may also nominate an assessor for the same purpose;
(f) at the commencement of the proceeding before the arbitrator, the Board and the person to be
compensated shall state what in their respective opinion is a fair amount of compensation;
(g) the arbitrator shall, after hearing the dispute, make an award determining the amount of
compensation which appears to him to be just and specify the person or persons to whom such
compensation shall be paid;
(h) where there is a dispute as to the person or persons who are entitled to the compensation, the
arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled
to compensation, he shall apportion the amount thereof among such persons;
(i) nothing in 1
[the Arbitration and Conciliation Act, 1996 (26 of 1996)] shall apply to arbitrations
under this section;
(j) the arbitrator appointed under this section, while holding arbitration proceedings under this
Act, shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure,
1908 (5 of 1908) in respect of the following matters, namely:—
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) requiring the discovery and production of documents;
(iii) receiving evidence on affidavits;
(iv) issuing commissions for examination of witnesses or documents;
(k) every award shall also state the amount of costs incurred in the arbitration proceedings under
this section and by what persons and in what proportions they are to be paid;
(l) any person aggrieved by an award of the arbitrator made under this section may, within thirty
days from the date of the award, prefer an appeal to the High Court within whose jurisdiction the port
is situated:
Provided that the High Court may entertain the appeal after the expiry of the said period of thirty
days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in
time.