Now, therefore, in exercise of the powers conferred by sub-section (1) of section 122 of the said Act, the Central Govt. hereby makes the following rules, namely:-

1. (1) These rules may be called the Major Port Trusts (Procedure at Board          Meetings) Rules 1981.(2) They shall come into force on the date of their final publication in the Official Gazette.(3) They shall, subject to the provisions of section 16 of the Major Port Trusts Act, 1963(38 of 1963), apply to the business transacted at the meetings of the Boards of Trustees of the Ports of Calcutta, Bombay, Madras, Cochin, Visakhapatnam, Kandla, Mormugao, Paradip, Tuticorin, New Mangalore and Navasheva.

2. Frequency of meetings:- A meeting of the Board other than a special meeting referred to in rule 3 shall be held at least once in three months.

 (2) The Board shall from time to time, determine the date and time of its meeting.

 Provided that where the Board is unable to do so for any reason, the Chairman may do so for reasons to be recorded in writing

 (3) A meeting of the Board shall be held at Port premises of the respective ports except where the Board in advance decides to hold any meeting at any other place for reasons to be recorded in writing.

3.   Calling of special meetings:- The Chairman or in his absence the Deputy Chairman, if appointed may whenever he thinks fit and shall upon the written request of not less than three Trustees call a special meeting of the Board.

4.  Circulation of agenda etc:- Agenda and notice or Memoranda thereon, if any, for any meeting of the Board shall be circulated to the Trustees at least three days before the date of the meeting.

 Provided that in the case of a special meeting, such agenda and notes or memoranda shall be circulated at least one day before the date of the meeting.

5. Discussion on items not included in the agenda:- The Chairman, or in his absence, the Deputy Chairman if appointed may at his discretion include for discussion at any of the meetings of the Boards, including a special meeting, any item not included in the agenda, if the same is, in his opinion of sufficient importance, or urgency or both and cannot be held over for the consideration of the Board at any subsequent meeting.

6. Poll:- If a poll is demanded on any question, the names of the Trustees voting and the nature of their votes shall be recorded by the President of the meeting.

Explanation:-  For the purpose of this rule and rules 7 and 8, the expression President shall mean the Chairman, or in his absence the Deputy Chairman, if appointed, and in the absence of both, any person chosen by the Trustees present from among themselves to preside at the meeting of the Board.

7. Minutes of the meeting:- (1) Minutes of the proceedings at each meeting of the Board shall be recorded in a book to be provided by the Board for this purpose, which shall be signed as soon as practicable by the President of such meeting and shall be open to inspection by any Trustee during office hours.

 (2)  Minutes of the proceedings excepting such portion thereof, as the Chairman or, in his absence the Deputy Chairman, if appointed, may direct in any particular case, shall also be open to the inspection of the public at the office of the Board during office hours.

 (3)  The names of the Trustees present at each meeting shall be recorded in the minutes book.

 (4)  A Trustee present at any meeting of the Board shall sign his name in a book or register to be provided by the Board for the purpose.

8.  Adjournment of Meeting:-  The President of meeting, may adjourn it to a later date which date shall either be announced at the meeting in which case intimation shall be sent to the Trustees absent at the meeting before the date of the meeting.

Principal Reg. G.S.R. 138 (E)              G.S.R.              G.S.R. 335(E)  G.S.R. 140(E):- In exercise of the powers conferred by section 126, read with sections 28 and 134, of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby makes the following first regulations, namely;-

 1.  Short title and commencement:- (1) These regulations may be called the New Mangalore Port Trust (Adaptation of Rules) Regulations, 1980.

 (2) They shall come into force on the first day of April, 1980.

 2.  Application:- They shall apply to the Port Trust of New Mangalore.

 3. Definitions:-In these regulations, unless the context otherwise requires:-

(a) “Act” means the Major Port Trusts Act, 1963 (38 of 1963);(b) “Appointed day” means the date on which the Act is applicable to the Port of New Mangalore, that is, first day of April, 1980;(c) “Board” shall have the meaning assigned to it in the Act;(d) “Existing rules and orders” means the rules and orders made under the various Acts and rules in force prior to the appointed day in connection with the administration of the Port;(e) “Port” means the Port of New Mangalore.

4.   Existing  Rules  to  Continue :-   Existing  rules  and  orders  andsubsequent amendments thereto made on or after the appointed day relating to the following matters shall, to the extent they are not inconsistent with the provisions of the Act or any regulations made thereunder, and until they are altered, repealed or amended by the Board, continue in force as if they were made by the Central Government under the Act, namely:-

(i) matters specified under section 28 of the Act and(ii) matters specified in clause (b) and clauses (c) to (n) of section 123 of the Act;

Provided that any amendment aforesaid to the existing rules and orders, not advantageous to an employee, shall not be made applicable to such employee unless the Board obtains the previous sanction of the Central Government.

 5.  Form of Receipt:- The receipt to be given in pursuance of sub-section (2) of section 42 of the Act shall, as far as practicable be in the form set out in Appendix to these regulations.

 6.  Period of Notice:- The period within which notice of loss or damage shall be given under sub-section (2) of section 43 of the Act shall be seven clear working days from the date of taking charge of such goods by the Board under sub-section (2) of section 42 of the Act.

7. Period of Responsibility:-  No responsibility shall attach to the Board under section 43 of the Act after a period of thirty clear working days from the date of taking charge of the goods by the Board in respect of goods meant for export, and seven clear working days from the date of taking charge of the goods by the Board in respect of other goods -

Explanation:- In computing the period of clear working days referred to in this regulation or regulation 6, account shall not be taken of the day of taking charge of the goods.A PP E N D I X(See Regulation 5)

Book No. ………………………    S.No. ………………………

Charge Handled by Gang No. …………………  Maistry

PORT OF NEW MANGALORE RECEIPT FOR IMPORT CARGO

Boat No. …………………….                  Date……………………..

Boat Note No. ………………

Landing from Boats/Direct Landing Shift   I on                                                                         II                                                                        III  Time of entryof Boat No…………………

 Tally of Cargo ex. S.S……………………M/s……………………..Agent at           -----           M.V.by Derrick No………………At Hatch No…………………………..Time commenced     ---------------    Wharf Crane           Time finished 

CONTENTS AND STATE OF CONTENTS UNKNOWN

Received copy of tally sheet

Agent Representative 

MINISTRY OF SHIPPING AND TRANSPORT

(Ports Wing)

N O T I F I C A T I O N S

New Delhi, the 28th March, 1980

 G.S.R. 145(E):- In exercise of the powers conferred by the proviso to sub-section (1) of section 24, read with section 28 and section 126, of the Major Port Trusts Act, 1963 (38 of 1963) the Central Government hereby makes the following regulations, namely:-

1. Short title and Commencement:- (1) These regulations may be called the New Mangalore Port (Authorisation of Pilots) Regulations, 1980.

(2) They shall come into force on the first day of April, 1980.

2.  Definitions:- In these regulations, unless the context otherwise requires:-

(a) “Board”, “Chairman” and “Deputy Chairman’ shall have the meanings assigned to them in the Major Port Trust Act,1963 (38 of 1963);(b) “Deputy Conservator” means the Deputy Conservator of the Port and the officer in whom the direction and management of pilotage are vested;(c) “Harbour Master” means the officer appointed as such by the Board to perform such duties as may, from time to time, be assigned to him by the Deputy Conservator;(d) “limits of compulsory pilotage waters” means the limits defined in relation to the Port under sub-section (2) of section 4 of the Indian Ports Act, 1908 (15 of 1908);(e) “pilot” means a person lawfully appointed and licensed as such by the Board subject to the authorisation of the Central Government, to pilot in the Port any vessel as directed by the Deputy Conservator or Harbour Master;(f) “Port” means the Port of New Mangalore.

3.  Harbour Master’s Control over Pilots:-  The Harbour Master shall have control over pilots in pilotage charge of vessels while entering or leaving the Port or mooring or berthing or unberthing at any berth in the Port.

4.  Pilots to be Licenced:-  (1)  Every pilot shall hold a licence to perform the duties of a pilot for the Port of New Mangalore and such licence, subject to the sanction of the Central Government, may be issued and be revocable by the Board.

 (2)  A pilot severing his connection with the Board shall forthwith deliver his licence to the Board.

5.  Conditions for Joining the Pilot Service:-

(a) the conditions of eligibility laid down in sub-regulation (1) and (2) of regulation 15 of the New Mangalore Port Employees (Recruitment, Seniority and Promotion) Regulation, 1980.(b) that on the date of appointment as a Probationer Pilot, he is of an age not below 24 years and not exceeding 45 years (relaxable for Government servants) unless otherwise relaxed by the Board; and(c) that he possesses the qualifications specified in regulation 6.

6.  Qualifications of Candidates:-  A candidate for a Pilotage Licence shall-

(a) be in possession of a Certificate of Competency as Master (Foreign-going) granted by the Government of India or its equivalent certificate, and should have preferably experience of at least six months as First Mate on a foreign-going ship;(b) obtain a certificate of physical fitness from such medical authority as may be specified by the Board for the purpose;(c) produce certificates of good character and sobriety;(d) unless the Board otherwise determines, serve a period of probationary training of not less than 3 months; and on completion of the training probationer may, if recommended by the Harbour Master and subject to the approval of the Deputy Conservator, apply to be examined as to his qualifications to pilot ships;

7.  Subjects of Examination:- The subjects for the examination referred to clause (d) of sub-regulation (1) of regulation 6 shall include following, namely:-

(i) regulations and rules relating to navigation in the port;(ii) the course and distance between any two places within the Port;(iii) the ebb and flow of tides;(iv) the depth and character of soundings;(v) the anchorage, rocks, shoals and other dangers, the land marks buoys and beacons and lights within the Port;(vi) the management of ships and steamers, how to bring them to anchor and to keep them clear on their anchors in a tideway;(vii) to handle a vessel under all conditions;(viii) to moor, unmoor and get under-way;(ix) Harbour Craft Rules of the Port;(x) Safety Rules of the Port;(xi) Quarantine Rules;(xii) The Indian Ports Act, 1908 (15 of 1908) and the Major Port Trusts Act, 1963 (38 of 1963); and(xiii) such other subjects as may be determined by the Examination Committee referred to in regulation 8 in this behalf.

8.  Examination Committee:-  The examination shall be conducted in the manner prescribed by the Board by an Examination Committee constituted as follows:-

(1) the Deputy Conservator (Chairman);(2) the Harbour Master, and in his absence, another marine officer nominated by the Chairman;(3) a master of a Foreign-going ship

9.  Failure to Pass an Examination:- In the event of a probationer failing to pass the specified examination within nine months of his appointment, he shall be liable to be discharged.

10.  Pilot’s Distinguishing Flag:- (1) Each pilot shall be provided with a distinguishing flag, which is to be hoisted on the vessel while in his charge in a position where it can best be seen distinct from other signals.

 (2)  A similar flag hoisted at the signal station shall be used in communicating with the vessel when the pilot is on board.

 (3)  Notwithstanding anything contained in sub-regulations (1) and (2), the Pilot shall also maintain VHF communication with the Port Control and obey all instructions conveyed from the Port Control.

 11.  Pilot to Obey Order of the Authority:- A pilot shall obey and execute all lawful orders and regulations given or issued by the Board, the Deputy Conservator and the Harbour Master.

 12.  Pilot’s Behaviour:- (1) Every pilot shall at all times exercise strict sobriety and shall throughout the time he is in charge of a vessel, use his utmost care and diligence for her safety, the safety of all other vessels in the proximity and all Port property, installations and crafts.

 (2)  Every pilot shall, when necessary, keep the lead, Echosounder, Radar and or any other navigational aid going while the vessel is under-way and shall not lay the vessel aground without a written order from the owner, Master or Officer in-command of the vessel.

 (3)  Notwithstanding the provisions contained in sub-regulation(2), the pilot shall take such appropriate action in the special circumstances of the case as may be necessary to safeguard the Port, all Port property, installations, navigational channel, other ships and crafts in the Port in the larger interests of the Port and her users.

13.  Pilots behaviour towards master of the Vessel etc:- (1) A pilot shall show due civility to the owner, Master and Officers of any vessel under his charge.

14.  Pilots to obtain certificate of services performed by them:- (1) A pilot shall, on boarding a vessel, hand the Arrival Report or Departure Report as the case may be, to the Master, who shall enter in the report all the required particulars over his signature.

  (2)  Transporting and Anchoring Certificates shall be filled in by the pilot and presented to the Master for signature when the duties of the pilot are completed.

15.  Pilots to go on Board Vessels in good time:-  A pilot about to take charge of a vessel which is outward bound, or which is about to be moved from the berth in which she is lying, shall go on board and report himself to the Master or Officer-in-command at the time appointed for such reporting and the pilot shall comply with the rules in force on the subject at the Port.

16.  Pilots when on duty to carry with them their licence etc:- A pilot when on duty shall always have with him his licence, an official Tide Table for the Port, a copy of the Port of New Mangalore Rules, 1976 and these regulation for the time being in force.

17.  Provision for accommodation and food:- (1) A pilot shall, if necessary, be provided with reasonable accommodation, and shall be supplied with breakfast between 7 A.M. and 9 A.M., lunch between 12 noon and 2 P.M. and dinner between 6 P.M. and 8 P.M.(I.S.T.).

 (2)  The pilot may lease the vessel at anchor or alongside in the harbour and go for his meals if not provided with food and shall bring this matter to the notice of the Deputy Conservator or Harbour Master.

18.  Pilots to see that Anchors are Read to let go:- A pilot, before taking charge of an outward-bound vessel, shall enquire the Master or Officer-in-charge of the vessel that the vessel is in readiness in all respects with regard to her engines, steering gear, Telegraph, Windless mooring  winches, navigational lights and signals, whistle or siren for sound signals and also that anchors are got ready to be let gone instantly.

19.  Pilots giving evidence:- A pilot shall not attend to give evidence on any trial or inquiry to which he is not a party unless under sub-poena  without the permission of the Deputy Conservator, and a pilot under sub-poena to give evidence shall forthwith report the fact in writing to the Deputy Conservator.

20.  Pilots to give information of any alternations in Navigational Marks, etc:-  A pilot who has observed any alternation in the Depth of the channels or noticed that any buoys, beacons of light vessels have been driven away, broken down, damaged or shifted from position or become aware of any circumstances likely to affect the safety of navigation, shall forthwith send a detailed report thereof in writing to the Deputy Conservator and Harbour Master and the same may be recorded in the Harbour Master’s Log Book also.

21. Pilots to Report Casualties:- A pilot shall, immediately after the occurrence of any accident involving any vessel in his charge, report the facts relating to the accident to the Deputy Conservator or the Harbour Master as soon as possible followed by a report in writing to the Deputy Conservator through the Harbour Master, with all details of damages, reasons for the accident and the responsibility for the same within 24 hours of the occurrence.

22.  Harbour Master to regulate attendance of pilots on vessels:-  Pilots on shore duty shall be detailed by the Harbour Master to vessels requiring their services and a list showing the rotation in which pilots (having regard to their respective classes) are to be allotted to such vessels, shall be kept in the office of the Deputy Conservator or Harbour Master.

23.  Commencement of Pilot’s duties in regard to outward bound vessel:- The duties of a pilot in regard to an outward-bound vessel shall commence from the time “Stations” are called and the pilot has proceeded to the navigational bridge for the purposes of piloting the outward-bound vessel to sea from the wharf, pier, berth, jetty or anchorage as the case may be.

24.  Termination of Pilot’s duties in regard to outward-bound vessel:- The duties of a pilot in regard to an outward-bound vessel shall cease when he has piloted the vessel:

(i) to the limits of the compulsory pilotage waters, or(ii) to such a position that the Master or Officer-in-command does not consider it necessary to engage the services of the pilot any more and the pilot also in his opinion feels that in the prevailing circumstances the Master or Officer-in-Command can safely take the vessel out to sea.

25.  Commencement of Pilot’s duties in regard to inward-bound vessel:- The duties of a pilot in regard to an inward-bound vessel shall commence after he has boarded the vessel and proceeded to the navigational bridge and taken charge from the Master for the purposes of piloting the vessel inward into the harbour and when the said vessel enters the compulsory pilotage limits of the port.

26.  Action to be taken by a Pilot on boarding a vessel:-  A pilot, on boarding the vessel, shall:-

(a) ascertain whether there is, or has been during the voyage, any infectious diseases of the nature specified in the Rules relating to Quarantine for the time being in force in the Port among the persons on board the vessel; and if there is or has been any such disease he shall anchor the vessel, hoist the quarantine signal and carry out the instructions contained in the said rules in this behalf;(b) ascertain the vessel’s present draft and see that both anchors are clear to be let gone; see that the National Ensign is hoisted and that the flags denoting the name of the vessel and any other signals, as required un, der the Port of New Mangalore Rules, 1976, from time to time, are hoisted in such a manner as to be clearly seen from the Port Signal Station.

27.  Termination of Pilot’s duties in regard to inward-bound vessel:-  The duties of a pilot in regard to any inward-bound vessel shall cease when the vessel is safely moored or anchored at any wharf, pier, berth, jetty or anchorage, as the case may be.

28.  Moving of vessels:- (1) No pilot shall, where the vessel is under way, move or direct the moving of any vessel within the Port from one position to another unless the Master is on board.

 (2)  Where the Master leaves the vessel before the movement is completed, the pilot shall direct the vessel to be anchored in such safe position as may be most easily reached by the Master, and shall not give directions to proceed with the moving until the return of the Master to the vessel.

 (3)  Throughout the moving of the vessel, the number of officers and crew on board and available for duty shall not be less than the number sufficient to perform any duty which may be required; and if the pilot on boarding the vessel considers that the number is not sufficient, he shall invi, te the Master’s attention to the Port of New Mangalore Rules, 1976 and refuse to proceed with the moving.

Explanation:-  In this regulation, the expression ‘Master’ shall include the first or other officers duly authorised to act for the Master in the event of the Master being incapacitated from performing the duties of his office.

29.  Loss of Licence:-  A pilot losing his licence shall forthwith give notice in that behalf to the Deputy Conservator, stating the circumstances in which the licence was lost and the Deputy Conservator, shall, unless he is satisfied that the loss has not been caused by the pilots misconduct, issue the pilot a temporary licence pending the grant of a duplicate licence by the Board. 

30.  Pilot’s Examination of Charts:- Every pilot shall attend the office of the Deputy Conservator or the Harbour Master to acquaint himself with the latest plans and charts of the Port and ascertain any other information concerning the Port and also fill up the Harbour Master’s Log Book on completion of his pilotage duties every day.

31.  Pilot’s Uniform:- A pilot shall wear when on duty such uniform as may be specified by the Board.

32.  Interpretation:- If any question arises as to the interpretation of these regulations, the same shall be referred to the Board for its decision.

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MINISTRY OF SHIPPING AND TRANSPORT

(Ports Wing)

N O T I F I C A T I O N

New Delhi, the 31st March, 1980

 G.S.R. 166(E):- In exercise of the powers conferred by section 126, read with sub-section (2) of section 17 and section 123, of the Major Port Trusts Act, 1963(38 of 1963), the Central Government hereby makes the first regulations, namely:-

1.  Short title and commencement:- (1) These regulations may be called the New Mangalore Port Trust (Procedure at Committee Meetings) Regulations, 1980.

 (2) They shall come into force on the first day of April, 1980.

2.  Definitions:- (1) In these regulations, unless the context otherwise requires:-

(a) “Act” means the Major Port Trusts Act, 1963 (38 of 1963);(b) “Committee” means a Committee constituted under sub-section (1) of section 17 of the Act.

3.  Meetings of a Committee:- The meetings of a Committee shall be held in the premises of the Port of New Mangalore, Panambur, during office hours, on such dates as may from time to time be determined by the President of a Committee.

4.  Circulation of Agenda Papers:- The papers connected with the agenda for any meeting of a Committee, other than a special meeting thereof, shall be circulated to the members at least three days before the date of the meeting, and in the case of a special meeting such papers shall be circulated at least one day before the date of the meeting.

5.  Quorum for transaction of business by a Committee:-  To constitute meeting of a Committee the quorum shall be two-third of the total number of members of the Committee.

6.  President of a Committee:- The President of a Committee shall be a member of the Committee appointed as such by the Board.

7.  President at meetings:- The President of the Committee shall preside over the meetings of the Committee, and in his absence the members present may choose one from among themselves to preside at such meetings.

8.  Discussion on items not included in the agenda:- The person presiding at a meeting of a Committee may, at his discretion, include for discussion at the meeting (including a special meeting) any item not already included in the agenda, if, in his opinion, it is of such importance and urgency that it cannot be withheld for consideration at any subsequent meeting of the Committee.

9.  Decisions at a meeting of a Committee meeting:- All decision at a meeting of a Committee shall be taken by a majority of the votes of the members present and voting and; in case of an equal number of votes for and against the proposal voted upon,  the person presiding at the meeting shall have a second or casting vote.

10.  Poll:- If a poll is demanded by any member of a Committee, the names of the members voting and the nature of their votes shall be recorded by the person presiding at the meeting.

11.  Minutes of the proceedings of a meeting:- (1) The minutes of each meeting of a Committee shall be recorded and shall be signed as soon as may be, after the close of the meeting, by the person presiding at the meeting.

(2) The names of the members present at each such meeting shall be recorded in the minutes.(3) The minutes of every such meeting shall be placed before the Board at its next meeting.

12.  Adjournment of meeting:- The person presiding at a meeting of a Committee may, with the consent of the members present in the meeting, adjourn it to a later date, which date shall either be announced at the meeting, in which case intimation shall be sent to the members absent at the meeting immediately, or communicated to all the members at least three days before such date.

13.  Calling of special meetings:- The Chairman of the Board may, on his own motion and shall, upon a written request made by not less than two members of a Committee, call a special meeting of a Committee.

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