Kerala Maritime Board Act, 2017

No: 16 Dated: Sep, 16 2017

THE KERALA MARITIME BOARD ACT, 2017

ACT 16 OF 2017

    An Act to provide for the constitution of the Kerala Maritime Board for the non-major ports in the State of Kerala and to vest administration, control and management of such ports and certain undertakings in that Board and matters connected therewith,

    Preamble.— WHEREAaS, it is expedient to constitute the Kerala Maritime Board for non-major ports in the State of Kerala and to vest administration, control and management of such ports and certain undertakings in the Board;

Be it enacted in the Sixty-eighth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.—- (1) This Act may be called the Kerala Maritime Board Act, 2017.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once.

(4) It applies to all non-major ports, excluding the Fishing Harbours and Fish Landing Centres in the State, to which the Indian Ports Act, 1908 (Central Act 15 of 1908) applies on the date of commencement of this Act and the State Government may, by notification, apply the provisions of this Act to any ether non-major ports in the State to which the Indian Ports Act, 1908 (Central Act 15 of 1908) is extended by the State Government under section 4 of that Act and with effect from such date, as may be specified in the notification.

2. Definitions,— In this Act, unless the context otherwise requires,—

(a) “appointed day” means the day as may be appointed by the Government by notification in the Gazette, for the vesting and transfer of the undertakings:

(b) “Board” means the Kerala Maritime Board established under section (c)

(c); “Chairman” means the Chairman of the Board appointed under section 3 and includes the person appointed under section 4 of the Act as

(d) Chairman; “Chief Executive Officer” means the officer appointed under sub-section (1) of section 13 of the Act as the Chief Executive Officer:

(e) “Court” means the High Court of Kerala and other courts having admiralty jurisdiction on civil and criminal matters to arrest and detain a vessel;

(f) “dock” includes all basins, locks, cuts, entrances, graving docks, graving blocks, inclined planes, slipways, gridirons, moorings, transit sheds, warehouses, godowns, open plots and other works and things appertaining to any dock and also the portion of the sea enclosed or protected by the arms break water and outer anchorage including break waters and outer anchorage or groynes of a harbour;

(g) “fishing vessel” means a ship fitted with mechanical means of propulsion which is exclusively engaged in sea fishing for profit:

(h) “foreign-going ship” means a ship, not being a home-trade ship employed in trading between any port or place in India and any other port or place or between ports or places outside India:

(i) “foreshore”, in relation to a port, means the area between the high watermark and the low watermark relating to that port:

(j) “goods” includes livestock and every kind of movable property but does not include fish caught by traditional fishermen by mechanised boats or other vessels;

(k) “Government” means the Government of Kerala;

(l) “high watermark” in relation to a port, méans a,line drawn through the highest point reached by ordinary spring tides during any season of the year at that port;

(m) “immovable property” includes wharfage-rights and all other rights exercisable on, over or in respect of any land, wharf, dock or pier;

(n) “Indian Ship” means a ship registered as such under the Merchant Shipping Act, 1958 (Central Act 44 of 1958) and includes any ship registered at any port in India at the commencement of the said Act which is recognised as an Indian Ship under the proviso to sub-section (2) of section 22 of the Merchant Shipping Act, 1958;

(o) “Kerala State Maritime Development Cofporation” means the Kerala State Maritime Development Corporation registered under the Companies. Act, 1956 (Central Act 1 of 1956);

(p) “Kerala State Maritime Society” means the Kerala State Maritime-Society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (Aet 12 of 1955);

(q) “land” includes the bed of sea below high water mark and also things attached to the earth or permanently fastened to anything attached to the earth;

(r) “low watermark”, in relation to a port, means a line drawn through the lowest point reached by ordinary spring tides at any season of the year at that port:

(s) “master”, in relation to any vessel or craft making use of any non-major port, means any person having for the time being in charge or control of such vessel or craft, as the case may be, except a pilot, harbour master, dock master or berthing master of that port;