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Title: Saint Vincent government gazette
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 Material Information
Title: Saint Vincent government gazette
Alternate Title: Government gazette
St. Vincent government gazette
Physical Description: v. : ; 35 cm.
Language: English
Creator: Saint Vincent
Publisher: G.P.O.
Place of Publication: Kingstown, St. Vincent
Kingstown St. Vincent
Publication Date: July 15, 1975
Frequency: weekly
regular
 Subjects
Subject: Gazettes -- Periodicals -- Saint Vincent   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
Spatial Coverage: Saint Vincent and the Grenadines -- Saint Vincent
 Notes
Dates or Sequential Designation: v. 1, no. 1 (1868)-v. 112, no. 48 (Tues., 23 Oct. 1979)
General Note: Description based on: Vol. 111, no. 1 (Tues., 3 Jan. 1978); title from caption.
General Note: Supplements which accompany some numbers contain extraordinary issues, ordinances, statutory rules of order, etc.
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Volume ID: VID01421
Source Institution: University of Florida
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Succeeded by: Government gazette

Table of Contents
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    Act No. 29 of 1975: An Act to establish an Authority to be known as the Saint Vincent Port Authority, to provide a coordinated and integrated system of port facilities and services connected therewith and for the transfer to, and for the vesting in the Authority, the functions assets and liabilities of the Port and Marine Department and other matters relating thereto and connected therewith
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Full Text













SAINT VINCENT


GOVERNMENT


GAZETTE


Fublifle by Auntfarity

VOL. 108.] SAINT VINCENT, TUESDAY, 15 JULY, 1975. ...[No, 35.

GOVERNMENT NOTICES


No. 102.
HOUSE OF ASSEMBLY

NOTICE OF INTENTION TO INTRODUCE PRIVATE BILL

Notice is hereby given that the Lions Club of St. Vincent intends to promote a Private
Bill for an Act to provide for the Incorporation of the Trustees of the said Lions Club.
OBJECT AND REASON
The Object of the Bill is to provide for the Incorporation of the Lions Club of St.
Vincent as a corporation aggregrate.
OWEN CUFFY, i.
Clerk of the House of Assembly.
15th July, 1975.


No. 103.
LEGISLATION

The following Act which has been assented to
by His Excellency the Governor is published
with this issue of the Gazette:-
No. 29 of 1975.-An Act to establish an Auth-
ority to be known as the Saint Vincent
Port Authority, to provide a coordinated
and integrated system of port facilities and
and services connected therewith and for
the transfer to, and for the vesting in the


Authority, the functions assets and, l1bil-
ites of the Port and Marine Department
and other matters relating thereto and con-
nected therewith.
15th July, 1975.
By Command,


PREMIER'S OFFICE,
ST. VINomNT,
15th July, 1975,


T. M. VELOX,
Permanent Secretary,
Premier'. Offie.


ssP. I LT











180 SAINT VINCENT, TUESDAY, 15 JULY, 1975.-(No. 35).


DEPARTMENTAL AND OTHER NOTICES

PRESS RELEASE

The University of London General Certifi-
cate of Education Examinations will be held
in January 1976.
Entry Forms can be obtained from the Local
Correspondent.
Application for the Ordinary Level:-
(a) will normally be required to offer those
subjects for which they are recom-
mended by their tutors, or
(b) have passed the appropriate qualify-
ing tests held by the Ministry of
Education, or
(c) have written the June 1975 examina-
tions.
(Advanced Level)
(a) and (c) above apply.
The New Fees are as follows.
"Initial Eiltry Fee 2.70
Ordinary level subject fee 2.15
Advanced level subject fee 4.70
together with the Current Local Fee.
Completed Entry Forms with the accompany-
ing Treasury Receipt must reach the Local
Correspondent Mr. Henry Robertson not later
than 5th September, 1975.

GOVERNMENT OF TRINIDAD AND
TOBAGO WEST INDIES
MINISTRY OF WORKS

INVITATION FOR PREQUALIFICATION OF TENDERS
FoR EAST-WEST CORRIDOR HIGHWAY PROJECT

RE-ADVERTISEMENT

The Government of Trinidad and Tobago is
embarking on a programme of highway develop-
ment in' the East-West Corridor of Trinidad,
starting with a project involving comprehen-
sive improvement works to the Beetham and
Churchill-Roosevelt iHghways. It is expected
that the World Bank would be involved in the
financing of the project. The first contract will
cover:-
(i) Construction of a new Flyover and
widening of St. Joseph Road to Vierra
Street, Port of Spain.
(ii) Adding shoulders to the Beetham High-
way (approx. 3 miles) and construc-
tion of the Barataria interchange.


(iii) Adding two lanes to the Churchill-
Roosevelt Highway from Barataria
Interchange to Southern Main Road,
Curepe (approximately 4 miles), in-
cluding the construction of a Bridge
of prestressed concrete.
The section of the Churchill-Roosevelt
Highway between Aranguez Road and Prin-
cess Margaret Highway (some 6,000 feet)
will, however, be excluded from the con-
tract.
2. The tender document will specify a com-
pletion period of thirty (30) months, plus an
additional twelve (12) months guarantee period.
3. Contractors wishing to bid must pre-
qualify as to:
(a) experience in similar highway and
bridge construction. including other
works currently under execution.
(b) Capability with respect to equipment,
plant and personnel available for
use on the project works.
(c) Financial standing.
Maximum use of indigenous labour,
locally manufactured and/or assembled
materials and locally available construe-
cion plant and equipment is desirable.
4. The Central Tenders Board hereby in-
vices applications from highway Construction
Firms wishing to prequalify for inclusion in the
list of contractors who will in due course be
invited to tender for the first contract indicated
in paragraph 1 above. Contractors who have
already applied for prequalification need not
re-apply.
5. Pr.equaliication Forms and abbreviated
specificatitls may be obtained on application
to the Director of Highways at his office, High-
ways Division, Ministry of Works, la Edward
Street, Port of Spain, Trinidad, West Indies,
Telephone 02-32691. Completed prequalifica-
tion forms must be returned to reach the
Director of Highways at his Office not later than
August 15th, 1975.
6. It is anticipated the prequalified Firms
will be invited to tender in September 1975,
that bids will be received in November 1975
and that a contract will be awarded in Decem-
ber 1975.
7. Bids will be opened publicly at the Board
Room, Central Tenders Board Office, 19 Eliza-
beth Street, St. Clair, Port of Spain, Trinidad,
West Indies at a time and date which will be
included in the Invitation to tender.
C. E. POLO,
Director of Contracts
Central Tenders Board
Government of Trinidad
& Tobago.


*^ -- *------ ------
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
I Price 50 eents. ]



























SAINT VINCENT.

Act No. .29 of 1975

I Assent

BURIERT G. JOHN,
[ L.S. ] Governor.

15th July, 1975.
AN ACT to establish an Authority to be known as the saint
'Vincent'Port Authority,'to provide a eoordirated and in-
tegrated system of port'facilities and services connected SIT
therewith and for the transfer to, and for the vesting
in the Authority, th" functions 'assets and liabilities of / ..
the Port and Marine Department.and other matters relat- 7
ing thereto and connected therewith.
[ 15th July, 1975. ]
.Be it enacted by the. Qtuen's Most Excellent Majesty, by
and with the advice and consent of the .House of Assembly S31^
of .Saint Vincent, and by tire authority of the same, as
follows :-
1. This Act may be cited as the Port Autbhrity Act, Short title.
1k95':
2. In this Act Interpretation.
animala" means. any animate thing of any kind except
a human being;
"Authority" means the Sairt Vinent Port Authority
estiblished under section 3;






















No. 29. Port Authority 1975.


"Authority Pildt" means a pilot employed by the
Authority pursuant to the provisions of section 55;
authorisedd officer" means a person authorised by
the Port Manager to exercise the powers or perform
the duties in respect of which the ctfrression is used;
"beacon" means any light, mark or sign used as an aid
to navigation, other than a lighthouse or bouy;
"buoy" includes any floating light, mark or sign used
as an aid to navigation, other than a lighthouse;
"charges" means any charges or rates levied by the
Authority under this Act and includes any rent, but
does not include dues;
"'Chairman means the Chairman of the Authority and
includes any person for the time being performing the
functions of Chairman;
"Security Guard" means a Security Guard appointed
by the Authority pursuant to the provisions of section
95;
"Council" means the Council of the Authority ap-
pointed pursuant to the provisions of section 4;
"dues" include pilotage dues, port dues, tonnage dues
levied under this Act but does not include rates;
"ferry" means any vessel plying from one side of a
waterway to the other for the purpose of the carriage
of goods or passengers;
"financial year" means such period of twe've months
as the Authority with the approval of the M ister may
determine to be its financial year, so, however that the
first financial year shall be the period comm:e; ilng with
the commencement of this Act and ending with such
day as shall be fixed by the Authority;
"Harbour Master" shall have the meaning ascribed to
it in the Port Officer (Harbour) Statutory Rul s and
Order No. 11/1964.
"Port Manager" means the Port Manager of the Auth-
ority appointed under section 12 and includes any
person appointed to act as Port Manager;
"goods" means all kinds of moveable property miu(:d-
ing animals;
"local authority" means the Kingstown Town Board
constituted pursuant to the Kingstown Town Board






















Port Authority


Ordinance No. 22 of 1970, or any town, village or dis-
trict council constituted pursuant to the Local Govern-
ment Ordinance No. 17 of 1951;
"Master" in relation to a ship means any person (other
than an Authority Pilot) having charge for the time
being of that ship;
"member" when used in relation to the Constitution
of the Authority includes Chairman;
"Minister" means in relation to-
(a) any matter concerning finance or transfer of pub-
lic servants the Minister responsible for finance.
(b) and any other matter the Minister responsible for
Communications, Works and Labour;
"owner" when used in relation-
(a) to goods, includes any consignor, consignee, shipper
or agent of the owner for the sale, custody, loading,
handling, discharge or delivery of such goods;
(b) to any ship, includes any part owner, charterer,
operator, consignee or mortgagee in possession thereof
or any duly authorised agent of such person;
"perishable goods" means goods liable to rapid de-
terioration and, in particular, includes fish, fruit,
vegetables, meat, poultry, game, butter, eggs, milk,
cheese, plants, small animals or any other thing which
the Authority may by notice published in the Gazette
declare to be perishable goods;
"Permanent Secretary" includes a nominee appointed
by Cabinet;
"Pilotage Committee" means the Pilotage Committee
appointed under section 55 of this Act;
"Ports" mean the Port of Kingstown, the Port of
Bequia, Mustique and the Port of Union Island or as
described or as altered from time to time by Cabinet;
"premises" includes any immovable property whether
open or enclosed, whether built on or not, whether pub-
lic or private and whether maintained or not under
statutory authority;
"regulations" means the regulations made under this
Act;


No. 29.


1975.






















Port Authority


Establishment
of Authority.









Constitution
of the
Authority.


"ship" includes any ship, vessel; tug or boat of any
kind whatsoever whhther the same is propelled by steam
or otherwise or is towed-;
"'ariff' Book" means the Tariff Book prepared and
published under section 52'of'this Act;
"vehicle" means any vehicle towed or propelled by any
means whatsoever for the portage of goods or persons
otherwise than by sea.
PART II
ESTABLISHMENT, CONSTITUTION, MANAGEMENT
AND STAFF.
3. (1) There is hereby established' for the purposes of this
Act a body to be called the Saint. Vineent Port Authority.
(2.) The Authority shall be a body corporate with per-
petualisueession anda common.seal and with power as such to
enter into contracts, to sue and be sued by law, in its corporate
name and may for all purposes be described by such name, to
acquire, hold, mortgage, lease and dispose of all kinds of property
moveable and immoveaole and to do and perform such acts and
things as bodies corporate may by law do and perform subject
to the provisions of this Act.

41 (1) The Authority shall be administered-,by' a Council
which shall'consi!t of, niine members all of whom shall be
appointed by Cabinet. The members appointed by Cabinet
shall be-
(a) the Secretary of Finance;
(b) the Permanent Secretary of the Ministry of Trade and
Agriculture;
(c) the Permanent Secretary of the Ministry of Communi-
cations, Works and Labour;
(d) a nominee of the Saint Vincent Chamber'of Commerce;
(e) a nominee of those persons performing the functions of
shipping, agents.
(f) Two persons to be appointed; by Cabinet one such
person with marine experience, the other from the
Agricultural Community.
(g) Two- persons, with special interests* related to Port
and Port matters to be appointed by Cabinet.


No. 20.


1975.





















No) 29. Port Authority 1975.


(2) Every member shall be appointed by Cabinet for
such period not exceeding three years, as the Governor may
direct and shall in ceasing to be a member; be eligible for re-
appointment:
Provided that where a member ceases to be a member
for any reason Cabinet may appoint another member subject to
the provisions of subseeidiio (1) in his place for the remainder
of the time for which the former member would have served but
for his ceasing to be a member.
(3) The Chairman of the Authority shall be appointed
by the Cabinet from the members of the Council.
(a) the Permanent Secretary of the Ministry of Com-
munications, Works and Labour shall be the Sec-
retary of the Council.
(b) the Port Officer on the coming into operation of
this Act shall be the Port Manager.
(4) In the event of incapacity from illness or other
temporary cause or of the temporary absence from the State of
any member Cabinet may subject to subsection (1) appoint some
other person to act as a temporary member during the time such
incapacity or absence continues.
(5) Cabinet may at any time revoke the appointment
of any member if it considers it expedient so to do.
(6) The appointment of any member and the termina-
tion of office of any person as a member whether by death,
resignation, revocation, effluxion of time or otherwise shall be
notified in the Gazette.
(7) No member of the House of Assembly shall be Seal of the
eligible for appointment as a member. Authority.
5. (1) The Seal of the Authority shall be kept in the
custody of the Chairman or of the Port Manager and may be
affxed to instruments pursuant to a resolution of the Authority
and in the presence of the Chairman and of one other member
and the Port Manager.
(2) The seal of the Authority shall be authenticated by
the signature of the Chairman or Deputy Chairman and the
Port Manager, and such seal shall be officially and judicially
notified.
(3) All deeds, instruments, contracts and other docu-
ments, other than those required by law to be under seal, made
by, and all decisions'of; the Authority may be signified under the
hand of the Chairman or Deputy Chairman or Port Manager.




















98

No. 29. Port Authority 1975.

Service of 6. (1) Servi'c of any notice, order or other document
Notice. required or authorir:ed under this Act or any regulation to be
served on any person by the Port Manager, any authorised
officer or officers may be served-
(a) by delivering it to the person; or
(b) by leaving it at the usual or last known place of abode
of the person; or
(c) by sending it by registered post addressed to the per-
son at his usual or last known address.
(2) Service of any notice, order or other document
required or authorized under this Act or any regulation to be
served on the Port Manager, any authorised officer or officers
may be served-
(a) by delivering the notice or other document to the Port
Manager or to the Authorised Officer; or
(b) by leaving it at the office of the Port Manager; or
(c) by sending it by registered post addressed to the Port
Manager at the office of the Authority.
Procedure and 7. (1) The Authority shall meet at such times as may be
meetings of necessary or expedient for the transaction of business, and such
the Authority. meetings shall be held at such place and time and on such days
as the Authority may determine.
(2) The Chairman may at any time call a special meet-
ing of the Authority and shall call a special meeting within seven
days of a requisition for that purpose addressed to him by
any three members to consider the matters contained in such
requisition.
(3) The Chairman shall call a special meeting of the
Authority if directed by the Minister to do so.
Provided that, where any member is disqualified from
taking part in any deliberation or decision of the Authority with
respect to any matter, he shall be disregarded for the purpose
of constituting a quorum for deliberating on or deciding that
matter.
(4) The decision of the Authority with regard to any
question shall be determined by vote of the majority of the
members present at the meeting of the Authority and in any
case when the votes of the members present in regard to any
question shall be equally divided the Chairman presiding at the
meeting shall have a casting vote in addition 'to his own vote.






















No. 29. Port Authority 1975.


(5) Minutes of the proceedings of each meeting of the
Authority shall be kept in such manner as the Authority may
determine and shall be confirmed by the chairman as soon as
practicable thereafter at a subsequent meeting.
(6) The Authority may co-opt any one or more per-
sons to attend any particular meeting of the Authority for the
purpose of assisting or advising the Authority, but no such
co-opted person shall have any right to vote.
(7) Subject to the provisions of this section, the Auth-
ority shall have power to regulate its own proceedings.

8. (1) It shall be the duty of a member who is in any Disclosure of
way, whether directly or indirectly, interested in an application interest mid
to the Authority for a contract or proposed contract with the abstair.ing
Authority, to declare the nature of his interest at the first meet- from Voting.
ing of the Authority at which it is practicable for him to do so.
(2) A member shall not vote in respect of any contract
or proposed contract with the Authority in which he is in any
way interested, whether directly, or indirectly.

9. (1) The Authority may appoint a committee of the Appointment
Authority to examine and report to it on any matter whatsoever of
arising out of or connected with any of its functions under this Committees.
Act.
(2) Any such committee shall consist of at least one
member together with such other persons, whether members or
not, whose assistance or service the Authority may desire.
(3) Where persons, other than members, are members
of a committee appointed under this section, or where any per-
son is co-op ed under the provisions of section 7(6), the Auth-
ority may with the approval of the Minister by resolution
declare the remuneration and allowances of such persons, and
such sums shall properly be payable out of the funds and
resources of the Authority.
(4) The Authority may by resolution reject the report
of any such committee or adopt it either wholly or with such
modifications, additions or adaptations as the Authority may
think fit.

10. Subject to the provisions of this Act, the Authorily Power to
may delegate to any member or committee of the Authority the delegate.





















100

Port Authority


Remuneration
of members.


Appointment
of Port
Manager.


Appointment
of officers
and Servants.


Establishment
and
maintenance
of Super-
aiinunation
Schemes.


power and authority to carry out on itR behalf such duties as
the Authority may determine.

11. There shall be paid from the funds of the Authority to
the Chairman, and other members such, if any, remuneration,
fees or allowances as the Governor may determine.

12. (1) The Authority shall, at such salary and upon such
terms and conditions as it may determine, appoint a Part
Manager.
Provided that such appointment shall be subject to the
approval of the Minister.
(2) The Port Manager shall be the chief executive officer
of the Authority and shall exercise all the functions entrusted
to him by this Act *anld any regulations and (whether or not
he is a member) be present at all meetings of the Authority
unless he has obtained leave of absence from the Chairman or
is incapacitated by illness or other cause from attending such
meetings.
(3) In the event of the absence of the Port Manager,
the Authority may by instrument in writing and with the ap-
proval of the Minister, .appoint any person to act as Port
Manager during the period of such absence upon such terms
and conditions as it may determine. The person so appointed
may exercise all the powers and all the duties by this Act
exercisable or to be performed by the Port Manager or as many
of such powers and duties as may be specified in such instrument.

13. (1) The Authority may appoint and employ at such
remuneration and on such terms and conditions as it thinks fit
such officers and servants as it deems necessary for the proper
carrying out of its functions under this Act.

(2) The persons so engaged shall perform such duties
as may be assigned to them by the Port Manager.

14. (1) Snbjeet to the provwinms of the National.Provident
Fund Act, the Authority may, with tire approval of and subject
to such terms -and conditions as inmy be imposed by the Minister,
provide for the establishment and maintenance of a Pension
Scheme or a Provident Fund Scheme for the benefit of the
officers and employees of the Authority.


No. 29.


1975.






















No., 29. Port Authority 7..- 1975.


(2) Without prejudice to the generality of subsection
(1), the Pension Scheme or Provident Fund Scheme may enable
the Authority to-
(a) grant gratuities, pensions or superannuation allow-
ances to, or to the widows, families or dependants
of, its employees;
(b) establish contributory and superannuation schemes,
and establish and contribute to superannuation
funds for the benefit of its employees;
(c) enter into and carry into effect agreements with
any insurance company or other association or
company for securing to any such employee, widow,
family or depeldantt such gratuities, pensions or
allowances as are by this section authorised to be
granted.

15. The validity of any act done or proceedings taken under Protection of
this Act shall not be questioned on the ground of- Authority.
(a) the existence of any vtcancy in the membership of,
or any defect in the constitution of, the Authority; or
(b) the contravention by a member of the provisions of
section 8; or
(c) any omission, defect or irregularity not affecting the
merits of the case.

16. No personal liability shall attach to any member in res-
pcct of anything done or suffered in good faith under the pro- -nembers.
visions of this Act, and any sums of money, damages or costs
which may be recovered against any such member in respect of
any act or thing done bona fide for the purpose of carrying this
Act into effect shall be paid out of the funds and resources of the
Authority.

17. (1) The Minjister may, afeir consultation with the
.Chairman give to the Authority directions of a general char- Policy.
acter as to the policy to be followed in the performance of its
functions in relation to matters appearing to him to concern
the public interest.
(2) The Anthority shall furnish the Minster with
such returns. accounts and other infBrmiat.~on as he may require
with respect to the property and activities of the Authority, and





















No. 29. Port Authority 1975.


shall afford to him facilities for verifying such information in
such manner and at such times as he may reasonably require.
Consultative 18. (1) The Minister may make regulations providing for
Body. the establishment of a consultative body-
(a) to represent the interest of persons using facilities
under the control of the Authority;
(b) for holding of consultations between the body and the
Authority;
(c) enabling the body to make representations to the Auth-
ority, or to any particular member or officer of the
Authority with a view to safeguarding those interests.
(2) Such regulations may contain such incidental and
supplemental provisions (excluding provisions for the making
of payments) to persons serving on that body as the Minister
considers expedient for the purposes of the regulations.

PART III

DUTIES AND GENERAL POWERS, PROVISIONS
RELATING TO LAND, PROPERTY AND UNDER-
TAKINGS OF THE AUTHORITY.

Powers and 19. (1) Subject to the provisions of this Act, the Authority
duties. is hereby empowered to provide in accordance wit: the pro-
visions of this Act and any regulations a coordinat-1 and in-
tegrated system of ports, lighthouses and port servicti.
(2) Subject to the provisions of this Act, the ':lthority
may for the purpose of performing any of its funcdi us under
this Act, do anything and enter into any transaction w'ich in
the opinion of the Authority, is necessary to ensure the proper
performance of its functions.
(3) In particular and without prejudice to tl'e gen-
erality of the provisions of subsection (1) and (2) it shall be
the duty of the Authority-
(a) to operate the ports as appears to it best calculated
'to s.rve the public interest;
(b) to regulate and control navigation within the
limits of such ports and their approaches;






















No. 29. Port Authority 1975.


(c) to maintain, improve and regulate the use of such
ports and the services and facilities therein as it
considers necessary or desirable;
(d) to provide for such ports and the approaches there-
to such pilotage services, beacons, buoys and other
navigational services and aids as it considers neces-
sary or desirable;
(e) to exercise the duties and functions in any enact-
ment relating to shipping and navigation formerly
exercisable by the Port and Marine Department.

20. (1) Cabinet when and as often as land is required for Compulsory
the purposes of this Act, may acquire either by private treaty acquisition
or compulsory under the provisions of the Land Acquisition of la"d.
Ordinance any lands, and may exercise all powers under the
Ordinance in relation to any acquisition or intended acquisition
of such lands.
(2) Cabinet may upon such terms and conditions as it
may determine, vest any lands acquired in the Authority by
order declaring that such lands shall vest in the Authority as
from the date thereof. Any such order shall be published in
the Gazette and shall vest the lands absolutely in the Authority
as from the date thereof, free from any encumbrances of any
nature whatsoever.
(3) Nothing herein contained shall prejudice the right
of any person having any interest in any lands acquired as
aforesaid within the provisions of the Land Acquisition Ordin-
ance:
Provided however, that compensation for any lands acquired
under this section shall be determined in accordance with the
provisions of section 19 of the Land Acquisition Ordinance save
that the date at which such compensation is to be assessed is the
date from which the declaration pursuant to section 3 of the
said Ordinance shall be published.

21. (1) Any wharf, dock or other public work construction Power to vest
by the Government along, across or extending out from the reclanmtioins
foreshore within the limits of the port and the land on which i~ Authority.
the same is constructed, any land reclaimed from the sea, and
any part of 'the foreshore situate within the limits aforesaid,
may be vested in the Authority upon such terms and conditions
as Cabinet may determine. .... ...





















No. 29. Port Authority 1975.


(2) Nothing in this section shall be taken to derogate
from or interfere with the use of private rights and the payment
of adequate compensation under any enactment providing for
compensation.

Apparatus etc. 22. When any apparatus, fixture or fitting is placed in or
not subject to upon any premises not being in the possession of the Authority
distress, etc. for the purposes of carrying out the functions of the Authority,
such apparatus, fixture or fitting shall not be subject to distress
or be taken in execution under process of any court or any
proceedings in bankruptcy against the person in whose pos-
session the same is.

PART IV

FINANCIAL
Revenue of 23. (1) The Revenue of the Authority shall consist of-
Authority.
(a) the sums received by the Authority in respect of
dues and charges levied and payable in pursuance
of the provisions of this Act and any regulations;
(b) sueh sums as the Authority may borrow for meet-
ing any of its obligations or discharging its fune-
tions;
(c) all other sums that may become payable to or
vested in the Authority in respect of any matter
incidental to its powers and duties.
(2) All sums referred to in subsection (1) shall be
paid into and placed to the credit of an account at a Bank ap-
proved by the Minister.

Application 24. The revenue of the Authority in any financial year
of Revenue of shall be applied in payment of the following charges:-
Authority.
(a) the interest and sinking fund contributions on any
loan payable by the Authority;
(b) the sums required to be paid to the Government towards
the repayment of any loan made by the Government
to the Authority;
(c) the remuneration and allowances of members and of
any committee of the Authority;






















No. 29. Port Authority 1975


(d) the salaries, remuneration. allowanes, pensions, gratu.
ities, provident fund and other superannuation benefits
of the officers and servants, employed in or in connection
with the activities carried on by the Authority;
(e) the working and establishment expenses of, and the
expenditure on, or provision for the maintenance of
the property and installations of the Authority, and
the discharge of the functions of the Authority properly
chargeable to revenue accounts;
(f) such sums as the Authority may deem appropriate to set
aside in respect of obsolescence and depreciation or
renewal of the property or installations of the Auth-
ority,. having regard to 'the amount set aside out of
revenue under subsection (a) and (b) of this section;
(g), the cost, or any portion thereof, of any new works,
plant, or appliances not being a renewal of property
of the Authority, which the Authority may. determine
to charge to revenue;
(h) sums to be appropriated to the Reserve Fund;
(i) any other expenditure authorised by the Authority
and properly chargeable to revenue.

25. (1) The Authority may from time to time temporarily Temporary
invest with the approval and m such manner as the Minister investment of
may direct any of its funds not required to be expended in the E "1"s.
meeting of its obligations or in the discharge of its functions.
(2) All interests from such investment shall be paid
to the credit of the Authority's account as provided in subsection
(2) of section 23.

26. (1) Subject to the provisions of this Act the Authority Power to
may from time to time for the purposes of this Act raise loans- borrow.
(a) from the Government; or
(b) with the consent of the Minister from any other source.
(2) The power to borrow under thin section may be
exereised-
(a) to borrow and reborrow moneys by.the issue and sale
of debentures or debenture stock or other security for
the purpose of raising the funds of the Authority for.






















No. 29. Port Authority 1975.


the eftecetul exercise by it of the powers conferred by
this Act;
(b) to create and issue debentures or debenture stock or
other security for any debentures or debenture stock or
or other security respective issued in respect of moneys
previously borrowed by the Authority, and not repaid;
(c) to create issue and sell debentures or debenture stock
or other security for the purpose of borrowing money
for redeeming any loans owing by the Authority and for
paying ~the expenses incurred in the issue and creation
of the debentures or debenture stock or other security
and otherwise carrying out the provisions of this Act;
(d) to effect any conversion authorised by this section
either by arrangement with the holders of the existing
debentures or debenture stock or other security, or by
the purchase of the debentures or debenture stock or
other security out of moneys raised by the sale of the
debentures or debenture stock or other security, or
partly in the one way or partly in the other.
(3) Without prejudice to the next following section,
the power of the Authority to borrow under this section shall
not be exercised unless a proposal in writing showing-
(a) the amount and particulars of the proposed loan;
(b) the rate of interest to be paid on the loan;
(c) the source or sources from which the loan is to be
obtained;
(d) the purposes to which the money proposed to be bor-
rowed is to be applied; and
(e) the manner in which the loan is to be repaid; is first
submitted for the approval of the Minister.

Temporary 27. The Authority may with the consent of the Minister, from
borrowing time to tire borrow by way of a temporary loan or overdraft
from a bank or otherwise, any sum which it may temporarily
require-
(a) for the purpose of defraying expenses pending the
receipt of revenues recoverable by it in respect of
the period of account in which those expenses are
chargeable; or


























(b) for the purpose of defraying, pending the receipt of
money due in respect of any loan authorised to be
raised under subsection (1) of section 26, expenses in-
tended to be defrayed by any such loan.


28. (1) With the approval of the House of Assembly Cab-
inet may guarantee, in such manner and on such conditions as
it may think fit, the payments of the principal and interest of
any authorised borrowing of the Authority.
(2) Where Cabinet is satisfied that there has been
default in the payment of any principal moneys or interest
guaranteed under the provisions of this section it shall direct
the repayment out of the Consolidated Fund of the amount in
respect of which there has been such default.
(3) The Authority shall make to the Accountant Gen-
eral at such times and in such manner as Cabinet may direct,
payments of such amounts as may be so directed in ir towards
repayment of any sums issued in fulfillment of any guarantee
given under this section, and payments of interest on what is
outstanding for the time being in respect of any sums so issued
at such rate as Cabinet may direct, and different rates of interest
may be directed as regards different sums and as regards in-
terests for different periods.


Guarantee of
borrowing of
Authority.


29. The Authority shall establish a Reserve Fund which Repsrve
shall be dealt with and applied in accordance with any direction Fund.
which may from time to time be given to the Authority by
Cabinet.
30. Any balance at the end of the financial year resulting
from the activities carried on by the Authority under this Act ofrplean
which is available after making full allowance for the matters
enumerated in section 24 shall be paid to the credit of the Con-
solidated Fund. Save however that notwithstanding the pro-
visions of sections 23(2), 25, 29 and of this section the authority
shall pay into the consolidated funds daily all revenue collected
subject to the Accountant General providing such funds to the
Authority as are required for the payment of such charges as
are set out in section 24.


31. (1) The Authority shall cause to be prepared every
year estimates of expenditure and revenue in respect of the
ensuing financial year and shall adopt such estimates in respect
of that year,


Estinmtcs in
respect of
financial
year.


No. 29.


Port Authority


1975.




















108

No. 29. Port Authority 1975.


(2) Supplementary estimates may be adopted at any
meeting of the Authority.
(3) A copy of all estimates of revenue and expenditure
in respect of the financial year aild supplementary estimates in
respect of that year shall upon adoption by the Authority be
sent to the Minister.
Accoui ts. 32. (1) The Authority shall keep proper accounts of all its
transactions to the satisfaction of the Minister and a statement
of accounts shall be kept and made up in respect of each financial
year.
(2) The statement of accounts in respect of each fin-
ancial year shall present a true and fair view of the financial
position of the Authority and of the results for the financial
year to which it relates, of the operations of the Authority.
Ajiit. 33. (1) The accounts of the Authority shall be audited in
each financial year by a qualified accountant appointed by the
Authority with the approval of Cabinet.
(2) The Council, officers and servants of the Authority
shall grant to the Accountant appointed to audit the accounts
under subsection (1) all books, deeds, contracts, accounts vouch-
ers or other documents which lh may deem necessary to call
for, and may require any person holding or accountable for any
such document to appear before him and make a signed state-
ment in relation thereto and may require from such person such
information as he deems necessary.
(3) Any person to whom a request to produce a docu-
ment or to enter an appearance and make and sign a statement
or furnish information, fails without reasonable excuse to comply
with such requisition, shall be guilty of an offence under this
Act and shall be liable on summary conviction to a fine not
exceeding five hundred dollars or to a term of imprisonment
not exceeding three months.
34. Such accountants shall as soon as practicable and not
I\cco~ntants' later than three months after the accounts have been submitted
h pur,. for audit, send an audited statement of accounts and Vh6ir report
in respect of their audit for the financial year to the Authority.
. 35. (1) The Authority shall as soon as practicable and not
Report. later than one month of the receipt of such accounts and -eport
as provided in section 34 submit a report to the Minister con.
talninlg-






















No. 29. Port Authority 1975.


(a) a statement of such accounts of the Authority;
(b) an accoulit of the activities of the Authority dur-
ing the preceding financial year in such form as
the Minister may direct;
(2) The Minister shall cause a copy of the report
together with a copy of the audited statement of the accounts
and the auditors' report thereon to be laid on the table of the
House of Assembly within one month of receipt thereof.

PART V

RESPONSIBILITY OF THE AUTHORITY AS
A WAREHOUSEKEEPER.

36. Subject to the provisions of this Act or any regulations Liabilit for
or of any contract, the Authority shall not be liable for the loss, los etc., of
misdelively or detention of or damage to goods- goods.
(a) delivered to or in the possession of the Authority,
otherwise than for the purposes of carriage and ware-
housing except where such loss, misdelivery, detention
or damage is caused by want of reasonable foresight
and care on the part of any person employed by or on
behalf of the Authority;
(b) accepted by the Authority for carriage or warehousing
where such loss, misdelivery, detention or damage
occurs otherwise than while the goods are intransit or
being warehoused and is not caused by the want of
reasonable foresight and care on the part of any person
employed by or on behalf of the Authority:
Provided that, the Authority shall in no case be liable for
such loss, misdelivery, detention or damage arising from-
(i) act of God;
(ii) act of war or the Queen's enemies;
(iii) arrest or restraint of princes or rulers or seiz-
ure under legal process;
(iv) act or omission of the consignor, consignee, or
depositor or of the servant or agent of any such
person;
(v) fire, flood: *empest, riots, civil commotion, strikes,
lock outs, stoppage or restraint of labour from





















No. 29. Port Authority 197M


whatever cause, whether partial or general;
(vi) inherent liability to wastage in bulk or weight
latent or inherent defect, vice or natural deterior
ation;
(vii) deficiency in the contents of unbroken packages
(viii) insufficiency or improper packing or leakag
from defective drums, containers or packages
Provided further, that where such loss, misdelivery, de
tention or damage occurs in relation to goods accepted by th,
Authority for carriage or for warehousing the limitation con
trained in section 37 of tlis Act shall apply.

Limitation of 37. The liability of the Authority in respect of any good:
liability for accepted by the Authority for carriage or warehousing and ii
loss ite. relation to which an account false in any material particular ha,
where false
account is been given under section 48 of this Act, shall not in any cast
given, exceed the value of the goods as calculated in accordance witi
the description contained in such false account.

Burden of 38.'. In any proceedings brought under provisions of sector
Proof in 36 of this Act against the Authority, it shall not be necessary foi
proceedings the person claiming damages or compensation 'to prove how th(
under
section 7. loss, misdelivery, detention or damage to goods was caused.
PART VI

DUES, CHARGES AND TARIFF BOOK

Dues and 39. All.dues and charges payable under this Part shall be
charges paid at the time specified in the regulations in relation thereto,
when due. and where no such 'time is specified any dues and charges shall
be paid on demand; all dues and charges shall be deemed to
have been demanded when they fall due in accordance with
the regulations.

Dues and 40. Subject to the provisions of this Act and the regulations
charges in every ship. which-
respect of
Sship. (a) enters a port for the purpose of loading or discharging
cargo or embarking or disembarking passengers; or
(b) occupies an anchorage or berth within the port shall
pay to the Authority the dues and charges in respect
of such ship and for any service performed or facility





















111

Port Authority


No. 29.


provided in respect of such ship in accordance with the
regulations under this Part.

41. Every ship shall appoint an agent who shall be respon-
sible for the payment of the dues and charges without prejudice
to the recovery by the agent from the master or owner of the
ship of such sums paid on behalf of any such ship.


42. An agent who intends to incur a liability in respect of Security
any of the sums mentioned in section 40 may deposit with the charges.
Authority, or guarantee such sums as are, in the opinion of the
Authority reasonable, having regard to the amount or probable
amount of the sums which such agent shall be liable to pay to
the Authority.


43. (1) Where any sums mentioned in section 39 are owing
in respect of any ship, any authorised officer may with such
assistance as he deems necessary enter such ship and may arrest
the ship and the tackle, apparel and furniture thereof, and may
detain it until the said sums are paid.
(2) Where, after such arrest, such sums remain unpaid
for a period of twenty-one days the authorised officer may cause
the ship and the tackle, apparel and furniture thereof arrested
to b3 sold, and out of the proceeds of such sale he shall retain
the amount necessary to meet the expenses of the detention and
sale thereof and shall after paying the amount of any sums which
are owing to the Authority, deliver the balance to the agent.
(3) Where any ship, i'n respect of which the sums men-
tioned in section 39 are owing and have not been secured as
provided in section 42 leaves the port and enters or is in any
other port, then such ship may be dealt with as if such sums so
owing and not secured as aforesaid were sums owing in respect
of such other port.

44. Before the master of any ship in a port shall obtain
outward clearance from that port he shall first obtain from an
authorized officer a ccrtlicate stating that-
(a) all dues and charges in respect of the ship and all
penalties and expenses to which the ship and her master
are liable under this Act or regulations have been paid
or secured to the satisfaction of the authorised officer:


1975.


Appointment
of Agent...


Detention by I
authorised
officer.


Master
required to
obtain
certificate
of authorised
officer before
requesting
clearance.























Port Authority


(b) he has complied with the provisions of this Act and the
regulations.


Power to
determine
conditions,
and rates
of carriage or
Warehousing.


Port manager
may retain
goods until
freight
is paid.


45. The Authority may subject to the provisions of this
Act and any regulations-
(a) determine the conditions upon which goods shall be
carried or warehoused and different conditions may be
determined in different cases;
(b) determine the charges for the carriage or warehousing
of goods by the Authority and for any other service
or facility performed or provided by the Authority.

46. (1) Where the agent of a ship from which any goods
have been landed at a port and accepted by the Authority for
carriage or warehousing or for delivery to the consignee, notifies
the Port Manager in writing that the freight or other charges
payable to the agent of the ship to the amount specified in the
notice, remain unpaid in respect of the goods, the Port Manager
shall retain the goods and refuse delivery of them to the con-
signee or any other person until-
(a) the payment of any dues and charges in respect of
such ship and the goods and customs duties thereon;
(b) the production of receipt for, or a release from, the
payment of such amount signed, or purporting to b)
signed by or on behalf of the agent; or
(c) the payment of such amount by the person entitled ';
take delivery thereof.
(2) Where the Port Manager causes to be delivery ,
any goods in respect of which a notice has been given under
subsection (1) of this section to a person producing such receipt
or release, or making such payment, as is referred to in para-
graphs (b) or (c) of that subsection, the Authority shall be
freed from all liability to any person in respect of the goods.
(3) Nothing in this section shall be construed as re-
quiring any person to take into custody of the Authority any
goods which would not otherwise be receivable by the Authority
under the provisions of this Act or any regulation or as re-
quiring the Port Manager to inquire into the validity of any
claim made for freight or any other sums made in any notice
given by an agent under subsection (1) of this section,


No. 29.


1975.






















No. 29. Port Authority 1975.


47. The consignor of, or the person tendering any goods Consignor or
for carriage or warehousing by the Authority or the consignee Consignee
of, or person receiving any goods which have been carried or pay"e of
warehoused by the Authority shall be liable in accordance with carriage
the regulations under this Part for the charges of such carriage or ware-
or warehousing and any other services performed or facility pro- housing.
vided in respect of the goods by Authority.

48. (1) The consignor of, or the person 'tendering any Duty to
deliver
goods for carriage or warehousing by the Authority and, on description
request by an authorised officer, the consignee of, or person of goods.
receiving any goods which have been carried or warehoused by
the Authority, shall deliver to the authorised officer the docu-
ments as prescribed in the regulations under this Part to enable
such officer to determine the charges payable in respect of the
carriage or warehousing or any other service performed or
facility provided in respect of the goods.
(2) An authorised officer may, for the purpose of
verifying the documents delivered under subsection (1) require
such consignor, person or consignee, as the case may be, to permit
him to examine such goods.
(3) If such consignor, person or consignee fails to
deliver the documents referred to in subsection (1) or to permit
such goods to be examined as required in subsection (2), an
authorised officer may, in respect of the goods which are ten-
dered for carriage or warehousing by the Authority, refuse to
accept the goods for such carriage or warehousing unless in
respect thereof a charge not exceeding the highest payable for
any class of goods is paid.
(4) If in respect of goods which have been carried or
warehoused by the Authority, any document delivered under
subsection (1) is found to be false in any material particular
with respect to the description of any goods to which it purports
to relate, an authorised officer may refuse to deliver such goods
unless in respect of warehousing or carriage of the goods, a
charge not exceeding double the highest charge payable for any
class of goods is paid.

49. In respect of all goods in custody of the Authority, an Authorised
authorised officer shall be entitled to levy such char :es as may officer's
be determined in accordance with the regulations made under power to
this Part, and he may do a such reasonable acts and incur such evy charges.
this Part, and he may do all such reasonable acts and incur such etc.





















No. 29. Port Authority 1975.


reasonable expenses as are necessary for the pr-"nr custody and
.preservation of the goods, and the Authority shall have a lien
on the goods for such charges and any other expenses and shall
be entitled to seize and detain the goods until such charges are
fully paid.

Effect of 50. (1) Subject to the provisions of this section and with-
non-removal out prejudice to the provisions of section 49 where any goods
of goods. except perishable goods are in the custody of the Authority and
are on any premises of the Authority arc not removed therefrom
within a period of fourteen days fio.m tic tiime when the goo~L
were placed in or on such premises the Port Manager shall cause
such goods to be transferred to the Queen's \ arehousc.
(2) Where the goods under this section are perishable
goods the Port Manager may direct their removal within such
shorter period, not being less than twenty-four hours after the
landing thereof as the Port Manager thinks fit ard he may sell
the goods without giving the said notice but shall soon as
practicable inform the owner or such other person appearing
to be entitled thereto of the action that has been taken.
Application of 51. The proceeds of any sale under section 50 shall be ap-
the proceeds plied by the Authority as follows, and hi the following order-
of siae.
of sale. (a) in the payment of any dut_ payable in respect of the
goods;
(b) in the payment of the expenses of sale;
(c) in payment of the sums due to the Authority in respect
of the carriage or warehousing and other service per-
formed or facility provided in respect of the goods;
(d) in payment of freight and other claims of which notice
under the provisions of this Act has been given-
and by rendering the surplus, if any to t'-e owner or the person
entitled thereto on demand, and if 'no -uch demand is made
within one year from the date of the sale or the goods, by paying
the surplus into the funds of the Authority, whereupon all rights
to the same of such pers',n shall be extinguished.
Compilation 52. (1) Subject to the provisions of this Act, the dues,
of dues conditions and charges for the carriage or warehousing of goods
charges and. ad for any othpr service or facility performed or provided by
Book. the Auth.rily when determined, shall be in the form of regula-
tions, and shall be first submitted to thle Minister for approval,






















No. 29. Port Authority 1975.


(2) Such regulations shall have effect from the date
of such piblieation or from such later date as may be specified
therein.
(3) Subject to the approval of the Minister, and with-
out prejudice to subsection (1) and (2) of this section, the
regulations shall be deemed to have been made and be embodied
in the Tariff Bo ,k as provided in accordance with subsection (4)
of this section.
(4) The Authority shall cause to be prepared and pub-
lished in such manner as it may think fit-a "Tariff Book" con-
taining all matters which under this Act or any regulation are
required to be contained therein, together with such other
matters as the Authority may determine.

PART VII
'PILOTAGE
53. (1) The Ports in this Act shall be compulsory pilotuge Compulsory
Ports and all ships other than exempted ships, navigating pilotage.
whether by entering, leaving or moving within the limits there-
of shall be under the pilotage of a licensed pilot.
(2) For the purposes of this section the following ships
are exempted ships:-
(a) ships belonging to Her Majesty;
(b) ships owned or operated by the Authority;
(c) pleasure yachts or fishing vessels;
(d) ferrying boats plying as such exclusively within
the limits of a port;
(e) ships of less than 180 tons net register;
(f) ships trading exclusively between ports and other
parts of the State,
(g) tugs, dredges, barges or similar vessels whose
ordinary course of navigation does not extend be-
yond the limits of the State.
(3) The Port Manager may exempt from compulsory
pilotage any ship in any particular case.






















No. 29. Port Authority 1975.

Authority to 54. (1) Subject to the provisions of this Act, the Authority
employ pilots. may employ such number of pilots as it deems necessary or

expedient for fie purpose of providing an adequate and efficient
pilotage service.
(2) No person shall be employed as an Authority pilot
unless he is in possession of a valid licence to act as a pilot
issued under the provisions of section 56 of this Act.
Appointment 53. The Authority shall appoint a Pilotage Committee for
of functions the purpose of-
Pilotage (a) holding examinations and issuing, on behalf of the
Committee. Authority, licences to act as an Authority pilot;
(b) holding inquiries concerning the conduct of Authority
pilots in the discharge of their duties;
(c) making such arrangements as may be necessary for
the training of persons selected for or in the pilotage
service of the Authority;
(d) investigating and advising on such matters as may be
referred to the Committee by the Authority; and
(e) carrying out such other functions as are conferred on
the Pilotage Committee by this Act.

Constitution 56. (1) The Pilotage Committee shall consist of-
of Pilotage (a) the Port Manager who shall be the Chairman of the
Committee. Committee; and

(b) four other persons who by reason of their knowledge
of or experience in nautical matters, are, in the opinion
of the Authority, fit and proper persons to be members
of the Committee.
(2) The appointment of a member of the Pilotage
Committee may be for any period not exceeding three years but
such member shall be eligible for re-appointment on completion
of every such period.
(3) Three members of the Pilotage Committee shall
form a quorum at any meeting of the Committee.
(4) The Chairman of the Pilotage Committee shall pre-
side at all meetings thereof:




















117

No. 29. Port Authority 1975.


Provided that if the Chairman is absent from a meeting
or any part thereof, such member as the members of the Pilotage
Committee present shall choose, shall preside in his place.
(5) The Chairman or member presiding at any meet-
ing of the Pilotage Committee shall have a vote and, in the case
of an equality of votes, a second or casting vote.
(6) Members of the Pilotage Committee who are not
employees of the Government or of the Authority may be paid,
out of the fu.ds of the Authority, such fees and allowances as
the Authority may from time to time determine.

57. Subject to the provisions of this Act, the Authority Rule..
may, from time to time, make, vary or revoke rules for the
purpose of regulating the meetings and proceedings of the
Pilotage Committee.

58. (1) The Pilotoge Committee shall examine candi- Examination
dates for employment by the Authority as pilots and on being for licence.
satisfied as to a candidate's general fitness and competency,
such, and such licence may contain such conditions as the
Pilotage Committee may deem fit.
(2) Subject to the provisions of this Part every pilot
immediately prior to the coming into operation of this Part
performing the duties of a pilot, shall be deemed to be qualified
for employment by the Authority, as a pilot and the Pilotage
Committee shall, on behalf of the Authority, issue to every
such pilot as may be employed by the Authority a licence to
act as an Authority pilot subject to such conditions as the
Pilotage Committee may impose.
(3) Every Authority pilot shall whenever the pilot-
age Committee considers that, owing to changed conditions
or for any other sufficient reason, the further testing of the
knowledge, efficiency or physical fitness of any such pilot is
necessary, present himself for further examination, and shall
in every such case first deposit with the Pilotage Committee
his licence issued by the said Committee on behalf of the
Authority to be returned or cancelled by the said Committee
on behalf of the Authority as the result of such test or examin-
ation determines.
(4) The Authority shall not continue to employ as
a pilot any pilot Avhose licence to act as such is cancelled as




















118

No. 29. Port Authority 1975.


the result of any test or examination carried out or held under
the provisions of subsection (3) of this section.
(5) Any licence issued under the provisions of this
section shall cease to be valid upon the termination of any
Authority pilot's employment with the Authority.
Enquiries by 59. (1) The Pilotage Committee may, and when directed
ilottaee by the Authority shall, hold an inquiry into the conduct of an
...Authority pilot where it appears that he has been guilty of
misconduct affecting his capability as a pilot or has failed in or
neglected his duty as a pilot or has become incompetent to act
as a pilot.
(2) For the purposes of such inquiry, the Pilotage
Committee may summon any person in the State to attend any
meeting of the said Committee to give evidence on oath or
produce any document or other thing in his possession and
to examine him as a witness or require him to produce any
document or other thing in his possession relative to the
matters which are the subject matter of such inquiry.
(3) Any person who-
(a) being summoned to attend any such inquiry, fails
to do so;
(b) offers any act of disrespect or any insult or Lireat
to the Pilotage Committee or any member thereof
during an inquiry; or
(c) being required by the Pilotage Committee to give
evidence on oath or affirmation or to produce a
document or other thing, refuses to do so,
shall be guilty of an offence under this Act and shall be liable
on summary conviction to a fine not exceeding five hundred
dollars or to a term of imprisonment not exceeding three
months.
Submission 60. (1) Where the Pilotage Committee, after due inquiry
of Pilotage in accordance with the provisions of this Part and after hear-
Committee's
findings and ing any statement that may be offered in defence, finds that
recommenda- an Authority pilot has been guilty of a misconduct affecting
tions to his capability as a pilot or has failed in or neglected his duty
Authority. as a pilot or has become incompetent to act as a pilot, it shall
submit to the Authority a copy of the record of the inquiry
and its findings and recommendations in respect of the inquiry.





















119

Port Authority


No. 29.


(2) The Authority may, after considering the findings
and recommendations of the Pilotage Committee, suspend or
cancel the licence of such Authority pilot, or impose such other
punishment as the Authority may think fit.
(3) Any Authority pilot who is aggrieved by any
decision of the Authority made under the provisions of sub-
section (2) of this section may, within fourteen days from the
date of such decision, appeal to the Minister whose decision shall
be final.

61. The master or owner of a ship navigating in circunm-
stances in which pilotage is compulsory shall be answerable
for any loss or damage caused by the ship or by any fault of
the navigation of the ship in the same manner as it would if
pilotage were not compulsory.

62. 0) An Authority pilot who has given a bond in
accordance with subsection (2) of this section shall not be
the penalty of such bond and thle amount payable to the
Authority on account of pilotage in respect of the voyage in
which he was engaged when he became so liable.
(2) Every Authority pilot shall give a bond in the
sum of one thousand dollars in favour of the Authority for
the proper performance of his duties under this Part and of
any regulations.
(3) Any bond by an Authority pilot in accordance
with this section shall not be liable to stamp duty.

(4) Where any proceedings are taken against an
Authority pilot for any neglect, want of skill or incapacity
in office in respect of which his liability is limited as provided
by this section, and other claiins are niade in respect of tlh
same neglect. want of skill or incapacity in office, the court in
which such proceedings are taken may-
(a) determine the amount of such pilot's liability and,
upon payment by hlim of such amount into court,
distribute such amount ratcably among the
several claimants;
(b) stay any proceedings pending in any other court
in relation to the same matter; and
(e) proceed in such manner and subject to such
directions as to making persons interested parties


1975.


Liability
of the
master or
owner in the
case of a
ship under
pilotage.
Limitations
of Pilot's
liability
when bond
is given.

























No.29 Pot tztorty 97


to the proceedings, and as to the exclusion of any
claimants who have not submitted their claims
within a certain time, and as to requiring security
from such pilot, and as to payment of any costs
as the court thinks fit.


*>-'-> M. .' .
Pilotage
Committee
and Authority
not liable
for loss
or damage
occasioned
by pilots.






Proceedings,
in respect
of pilot.


Master to
supply
information.










Power of
Port Manager
in relation
to ships.


63. (1) The issue of a licence to a pilot by the Pilotage
Committee on behalf of the Authority under section 58 shall
not impose any liability on the Pilotage Committee for any loss
or damage occasioned by an act, omission or default of such
pilot.
(2) Any Authority pilot whilst engaged in any pilot-
age act shall, notwithstanding that he may be employed at a
salary by the Authority, be deemed to be the servant only of the
master or owner of the vessel under pilotage and the Authority
shall not be liable for any loss or damage occasioned by any
act, omission or default of such pilot.
64. (1) Any proceedings affecting Authority pilots under
this Act or any regulations shall be determined by a Judge of
the High Court and such Judge shall call upon two persons
with nautical experience to sit with him as assessors in any
such proceedings.
(2) The High Court shall have power to regulate
any proceedings which have been referred to it under this
section.
PART VIII
SPECIAL PROVISIONS IN RELATION TO PORTS


65. The master of any ship arriving in a port shall
produce to an Authorised Officer-
(a) the ship's register and the ship's papers;
(b) a list of the passengers, if any, showing particulars of
Iheir sex aid occupation;
(c) a list showing the deaths, if any, which have occurred
during the. voyage;
(d) a list showing the stowaways, if any, on the ship;
and shall also supply such other information in relation to the
ship, passengers and cargo thereof, as such officer may reason-
ably require.
66. (1) Notwit] standing the provisions of any regula-
ations made under section 73 of this Act the Port Manager
may-


No. 29.


Port Authority-


1975


I






















No. 29. Port Authority 1975.


(a) direct where any ship shall be berthed, moored or
anchored and the method of anchoring within the
port and the approaches to the port;
(b) direct the removal of any ship from any berth, station
or anchorage to another berth station or anchorage
and the time within which such removal is to be
effected within the port and the approaches to the
port; and
(c) regulate the moving of ships within the port and the
approaches to the port.
(2) In case of any refusal or neglect or of any failure
to comply with any direction given under subsection (1), the
Authority may, without prejudice to any proceedings being
instituted against any person cause to be done all such acts
as are in its opinion reasonable or necessary for the purpose of
carrying out such direction and may hire and employ such
persons as it considers proper and necessary for such purpose.
(3) All expenses incurred in doing such acts shall
be paid and borne by the person or persons so offending.
67. (1) The Port Manager may- Power in
(a) remove any wreck in or other obstruction to a port respect to
or its approaches, or any timber, raft or other thing wrecks, etc.
floating in a port, which endangers, or obstructs,
or is likely to endanger or obstruct, the free navigation
of the port or the use of any dock or wharf therein;
(b) in the case of urgent necessity take any action in a
port which in his opinion may be necessary to prevent
any danger to life or limb;
(c) enter upon any ship or into any building in a port if
it is necessary for him to do so in the performance of
any duty under this Act or any regulation or if he
has reasonable grounds for believing that an offence
against this Act or any regulation has been, or is
about to be committed.
(2) The owner of any wreck or other thing removed
by the Port Manager under the provisions of paragraph (a)
of subsection (1) of this section shall, without prejudice to any
other action which may be taken against him, be liable to pay.
the reasonable expenses of such removal; such wreck or other
thing shall be detained by the Port Manager until sricli
expenses and customs duties, dues or charges payable in respect
thereof are paid.






















No. 29. Port Authority 1975.


(3) Where any wreck or thing is removed under the
provisions of paragraph (a) of subsection (1) of this r-t;onn
and the expenses of removal have not been paid within seven
days of such removal, the Port Manager may cause such wreck
or thing to be sold by public auction and shall out of the
proceeds of sale retain the amount necessary to meet the
expenses of such removal, detention and sale and any customs
duties, dues or charges payable in respect thereof and shall
return the balance, if any, to the person appearing to him to
be entitled.

Fire on 68. (1) In the event of fire breaking out on board any
board ship. ship in the port, the Port Manager may proceed on board
such ship with such assistance and persons as to him seem
fit, and may give such orders as to him seem necessary for
scuttling such ship, or for removing such ship or any other
ship, to such place as to him seem proper to prevent in either
case danger to other ships and for the taking of any other
measures that appear to him expedient for the protection of
life or property.
(2) If such) orders are not forthwith carried out by
the master of such slip the Port Manager may himself proceed
to carry them into effect.
(3) Any expenses incurred in the exercise of the
powers conferred by subsection (1) and (2) of this section
shall be recoverable from the master or owner of the ship
concerned as a civil debt.
Accidents. 69. (1) Whiere any accident occurs in any port, then if
that accident-
(a) is attended, or is of a kind usually attended with
loss of human life or with serious injury to person
or property;
(b) involves any collision between ships;
(c) is of such other kind as the Minist,'r n:ay specify,
the Port Manager shall, as soon as practicable, give notice of
the occurrence of the accident Lo the Minister.
( T?) The Port Manager may order such elnq;iry into
any accident which occurs in any port as lie may think fit
and shall order suclih (nqliiry as the Minister thinks fit into
any such accident when so required by the Minister.
























Port Authority


(3) The Port Manager shall submit a report on any
accident inquired into setting out, inter alia, the probable
cause of such accident and the steps if any, which have been
taken or he has' directed shall be taken with a view to avoid-
ing a repetition thereof.
(4) The Port Manager shall make to the Minister
a return, in such form and at such intervals as the Minister
may dirn ct, of all accidents. occuring in any port, whether or
not such accident is attended with injury to any person.

70. The Authority shall not be liable for any demurrage
which may occur or be due on any ship, howsoever such
demurrage may have been caused.
71. (1) All acts, orders or direction under this Part or
regulate ions thereunder authorized to be done or given by a
particular olticer of the Authority may be done or given by any
other officer of the Authority authorized in writing on that
behalf.
(2) Any person authorized to do any such act may
call to his aid such assistance as is necessary.

72. The Authority shall not be liable for any act, omission
or default of the Port Manager.

73. (1) The Authority may, with approval of the
Minister, make regulations generally with reslpet to the niain-
tenance control and management of the port and the
approaches thereto, the services performed, the light houses
and other facilities provided by the Authority, and for the
maintenance of order on any premises used by or for the
purposes of tle Authority, or in any ship or vehicle used
by or for the purposes of the Authority, and for the carrying
out of the provisions of this Act, and without prejudice to the
generality of the foregoing, may-
(a) make regulation,; with respect to-
(i) the proper control and management of the fore-
shores of any port and the entrances thereof, the
prevention and removal of obstructions therein
and the reg ulation of any work, service or facility
performed or provided threat;


Liability for
demurrage.

Execution of
orders.


Non-Liability
of Port
Authority.
Regulations.


No. 29.


1975.




















124

No.' 29. Port Authority 1975.


(ii) ;the control of all persons and vehicles on any
such premises, the maintenance .of order there-
on and the admission or exclusion of persons
therefrom and the charges, if any, to be made
for such admission;
(iii) regulating, controlling and prohibiting the doing
or omission of any thing or class of thing within
the boundaries of the port or any specified part
or parts of the port either -at all times and ,on
all occasions or at any time or times or on any
occasion or occasions;
(iv) the regulation, restriction and control (without
prejudice to the conduct of navigation) of the
depositing of any substance, solid matter, article
or thing polluting or likely to cause pollution
of the waters of any port;
(v) the regulation of traffic and navigation of ships
within the limits and approaches 'to a port and
all matters relating to the protection of life and
property;
(vi) the regulation of the mode and place of mooring,
anchoring, and berthing of ships and their re-
moval from a mooring anchorage or berth, and
the time within which such removal shall be
effected;
(vii) the protection of ships and cargoes, and the
removal, destruction, sale or abandonment of
stranded ships and their cargoes and appurten-
ances which obstruct or are likely to obstruct the
fairway of any port, the payment of expenses
including salvage incurred in connection there-
with and the levy and recovery of a rent for
the right of a hulk or wreck or wreckage to lie
in any port;
(viii) the examination, licensing, duties and obliga-
tions, and the conduct and discipline of pilots
and the charges to be paid for pilotage;
(ix) the regulating of the times, places, order and
mode of shipping, unshipping, loading, ware-
housing, storing and the depositing of goods;




















125

No. 29. Port Authority 1975.


(x) the fixing of dues and charges payable in res-
pect of any ship, with different charges being
applicable in respect of different ships or classes
of ships, the exemption or the remission thereof
or part thereof;
(i) the fixing of the charges payable in connection
with the carriage or warehousing of goods and
for any service or facility performed or provided
by the Authority, the exemption from payment,
refund or remission thereof;
(xii) the fixing of the scale of charges payable in
respect of any other service or facility performed
or provided by the Authority;
(xiii) the licensing of shipping agents, customs brokers,
landing agents, forwarding agents, baggage and
parcel agents, porters, contractors for supplies
and victualling, and other persons concerned in
or engaged in or performing any service or work
in connection with the port.
(2) The Authority shall, with the approval of the
Minister, make regulations generally for the conveyance, load-
ing, discharging and storage of dangerous goods within the
limits of the port, and without prejudice to the generality of
the foregoing, may-
(a) make regulations with respect to-
(i) the classification of goods as dangerous goods;
(ii) the regulation of the navigation and place of
berthing of ships carrying dangerous goods;
(iii) the regulating and control of landing, loading
and discharging of dangerous goods;
(iv) the prohibition or subjection to conditions and
restrictions of the conveyance of any kind of
dangerous goods with any other kind of goods,
articles or substances;
(v) the prohibition of the loading or discharging of
dangerous goods at places within the control of
the Authority in cases where such loading or
discharging appears specially dangerous to the
public;






















o. 29. Port Authority 1975.


(vi) the fixing of places and times at which dangerous
goods are to be loaded and the quantity to be
loaded or discharged at any one time;
(vii) the regulation of the mode and the precautions
to be observed in conveying or keeping danger-
ous goods and in the loading or discharging of
the same;
(viii) the protection, whether by means similar to
those abovementioned or not, of persons and
property from druager generally.
(3) Subject to the prov';ions of any enactment relating
to merchant shipping, the Authority may, with the approval of
the Minister, make regulations with respect to -
(a) the taking of measures for the prevention of ships
from leaving any port if overloaded, improperly loaded, im-
properly found, insufficiently manned or without qualified offi-
cers or engineers or with a number of passengers in excess of
the number that can be carried with reasonable safety; or if
otherwise unseaworthy;
(b) the examination, certification and licensing of
masters, mates and engineers of tugs conducting
ships in and out of ports, dredges and light craft,
and the licence fees payable in respect thereof;
(c) the inspection, licensing, registration or certifica-
tion of ships, ferries, tugs, launches, hulks, ferry
boats, or other craft, the charges to be paid thereof
and the number of passengers to be carried therein.

(4) The power of the Authority to make regulations
under this section in relation to any matter, shall not be con-
strued to be in conflict with or as derogatory from any other
powers conferred upon any other person under this Act or any
regulation to make provisions in relation to any such matter in
any different manner.

(5) Regulations may provide that any breach or con-
travention of any such regulations shall be punishable on sum-
mary conviction by a fine not exceeding five hundred dollars or
by a term of imprisonment not exceeding three months or by
both such fine and imprisonment.






















No. 29. Port Authority 1975.


(6) All regulations made under this Act shall be sub-
ject to negative resolution of the House of Assembly within
six weeks.
PART IX
PROVISIONS RELATING TO OFFENCES
74. Any person who unlawfully damages or in any way Damaging
interferes with any lighthouse, buoy, beacon or other property property
of the Authority in such manner as to endanger, or as might endanger
endanger the life of any person, shall be guilty of an offence life.
and be liable on conviction to imprisonment for a term not ex-
ceeding ten years.

75. Any person who, while on duty or lawfully employed Persons
on any premises of the Authority or upon any ship or vehicle of nedangering
safety of
the Authority, endangers the safety of any other person- operations.
(a) by contravening any of the provisions of this Act or
of any regulations; or
(b) by contravening any lawful order, direction or rule
given to such person, or made in respect of his service;
or
(c) by being under the influence of alcohol; or
(d) by any rash or negligent act;
shall be guilty of an offence and liable on summary conviction
to a fine nut exceeding one thousand dollars or to a term of
imprisonment not exceeding six months or to both such fine and
imprisonment.

76. Any person, who, without lawful excuse refuses or Failure to
neglects to obey any direction lawfully given under section 66 comply
or under any regulation made under Part VIII of this Act shall under
directions of
be guilty of an offence and liable on summary conviction to a section 66,
fine not exceding five hundred dollars or to imprisonment for a etc.
a term not exceding three months or to both such fine and
imprisonment.

77. If any ship is navigated in circumstances in which Failure to
pilotage is compulsory and such ship is not under the control employ
of a licensed pilot, the Master thereof shall be guilty of an licensed
offence and halll be liabe on summary conviction to a fine not pilot.
exceeding five hundred dollars or in default of payment to im
prisonment for a term not exceeding three months.





















128

Port Authority


Master's
failure to
give inform-
ation or
giving false
information.


Master
refusing
entry to
authorized
officer.




False returns.


Evasion of
dues and
charges.




Demanding
improper
account;


MiscelTatteous
offenses.


78'. Any master who fails to comply with the provisions of
section 65 or gives any information which is, false in any
material particular, shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding five hun-
dred dollars or in default of payment thereof to imprisonment
for a term not exceding three months.

79. Any master, who without lawful excuse refused to allow
the Authorised officer to enter his ship in contravention of para-
graph (c) of subsection (1) of section 67, shall be guilty of an
offefnce a'nd shall on summary conviction be liable to a fine not
exceeding two hundred and fifty dollars or in default of pay-
ment thereof to imprisonment for a term not exceeding three
months.

80. Any person who makes, either knowingly or recklessly,
any statement which is false in any material particular in any
return, claim or other document, which is required or authorised
to be made under this Act or any regulations, shall be guilty
of an offence and shall be liable on conviction to a fine not
exceeding three thousand dollars or to imprisonment for a term
not exceeding two years or to both such fine and imprisonment.

81. Any person, who by any means whatsoever eludes or
evades any dues or charges leviable under this Act or regula-
tions, shall be guilty of an offence and shall be liable or summary
conviction to a fine not exceding one thousand dollars or to
imprisonment for a term not exceeding six months or to both
such fine and imprisonment.

82. Any person who, with intent to defraud, der-oids or
recieves from any person delivering goods for carriage o- ware-
housing by the Authority, or from any other person mal-''g use
of the facilities provided by the Authority, any greater or 'psser
amount than he should demand or receive shall on sum nary
conviction be liable to a fine of five hundred dollars or to im-
prisonment for a term not exceeding three months or to both
such fine and imprisonment.

83. Any person who-
(a) being on any premises, ship or vehicle of the Author'ty-
refuses when called upon by an authorized officer, (i)
police officer, or' security guard to give his name


No. 29.


1975.






















No. 29. Port Authority 1975.


and address, or gives a false name and address,
for the purpose of avoiding prosecution;
(ii) without lawful excuse the proof whereof shall
lie on him, discharges any firearn or does any-
thing which may cause injury to any person on
such premises, or upon such ship or vehicle; or
(iii) without lawful excuse contravenes any lawful
direction given by any authorised officer; or
(b) defaces the writing on any board or notice authorised
to be maintained upon any premises of the Authority
or upon any ship or vehicle used by the Authority; or
(c) damages or without lawful excuse interferes with any
property of the Authority; or
(d) wilfully obstructs or impedes any other person in the
discharge of his duties arising out of his employment
with the Authority; or

(e) gives or offers to any other person money or money's
worth for the purpose of avoiding payment of any sum
due to the Authority,
shall be guilty of an offence and shall be liable on summary
conviction to a fi'nc not exceeding five hundred dollars or to
imprisonment for a term not exceeding three months or to both
such fine and imprisonment:

84. (1) Any person who commits any offence mentioned in Powers of
sections 74, 75 or 83 of this Act may be arrested without war- arrest.
rant by any authorised officer, police officer or security guard.
(2) Any person who commits any offence against this
Act or regulations other than an offence mentioned in subsection
(1) of this section may be arrested by any authorised officer,
police officer or security guard if-
(a) there is reason to believe that such person will abscond;
or
(b) he refuses on demand to give his name and address; or
(c) there is reason to believe that the name and address
given by him is incorrect;
Provided that, where there is reason t: believe that such
person will not abscond, he shall, if his true name and address






















No. 29. Port Authority 1975.


are ascertained, be released on his e..cuting a bond without
sureties for his appearance before a magistrate when required.

Place of 85. Any person charged with any offence against this Act
trial. other than an offence mentioned in section 74 or 80 of this Act,
may be proceeded against, tried and punished in any place in
which he may be in custody for that offence as if the offence has
been committed in such place; and the offence shall for the
purposes incidental to, or consequent upon, the prosecution,
trial or punishment thereof, be deemed to be committed in that
place:
Provided that nothing herein contained shall preclude the
prosecution, trial and punishment of such person in any place
in which, but for the provisions of this section, such person
might have been prosecuted, tried and punished.

Port Manager 86. The Port Manager may, by notice in writing authorise
may confer any officer of the Authority to maintain order upon any premises
oicer so used by the Authority or any place in the port, or on any ship
or vehicle used by or for the pucpose's of the Authority, and any
officer so authorised shall, i:n the performance of such duty,
have all the powers, rights, privileges and protection of a police
officer.

PART X

LEGAL PROVISIONS

Notice claims. 87. (1) Notwithstanding anything contained in any enact-
ment-
(a) no person shall be entitled to compensation or damages
for non delivery of the whole of a consignment of
goods, or of any separate package forming part of such
consignment accepted by the Authority for carriage
or warehousing unless a claim in writing, giving such
particulars as may reasonably be necessary is given to
the Port Manager within six months of the date upon
which such goods were accepted by the Authority.
(b) no person shall be entitled to compensation or damages
for any goods miss;ilg f.-:ml a packed or unpacked
consignment or for misdelivery of, damage or delay to,
or detention of any goods accepted by the Authority
for carriage or warehousing unless-






















No. 29. Port Authority 1975.


S(i) the Port Manager is notified of such fact in writ-
ing within f mr days of the date upon which such
goods were delivered to the consignee or person
entitled to take delivery therof; and
(ii) a claim in writing, giving such particulars as
may reasonably be necessary, is given to the Port
M ii.,Ig i within one month of such date.
(2) Where the person claiming compensation or dam-
ages proves that it was impracticable for him to notify the Port
Manager or to give the Port Manager his claim as set out in

subsection (1) of this section within the times specified therein
and that such notification or claim was made or given in a
reasonable time, nothing in those subsections shall prejudice
the right of such person to obtain compensation or damages.

88. Where, after the commencement of this Act, any action Limitation.
or other legal proceedings is commenced against the Authority
for any act done in pursuance or execution or intended execution
of this Act, or regulations or of any public duty or authority
imposed or conferred by this Act or any regulations, or in res-
pect of any alleged neglect or default in the execution of this
Act such regulations or of any such duty or authority, the
following provisions shall have effect notwithstanding anything
contained in any enactment, that is to say-
(a) the action or legal proceedings shall not be commenced
until at least one month after written notice containing
the particulars of the claim, and of intention to com-
mence the action or legal proceeding, has been served
upon the Port Manager by the plaintiff or his agent;
(b) the action or legal proceedings shall not lie or be in-
stituted unless it is commenced within twelve months
next after the act, neglect or default or damage com-
plained of, or in the case of a continuing injury or
damage within six months next after the cessation
thereof.

89. Notwithstanding anything to the contrary in this Act or Restriction
any regulations or in any other enactment or in regulations or execution
made under any other enactment, where any judgment or order against
property of
of any Court or any award of an arbitratio-i tribunal has been the Authority.
obtained against the Authority for or in respect of anything























No. 29. Port Authority 1975.


done or omittdl t- be done under the provisions of this Act,
and any regulation, any contract or otherwise for or in respect
of the Authority or its purposes-
(a) no execution or attachment or process in the nature
thereof shall be issued against the Authority, but such
amounts as may by the judgment or order, be awarded
against the Authority shall be paid by the Authority
from its funds to the person entitled thereto.
(b) no property of the Authority shall be seized or taken
by any person having by law power to attach or destrain
property.
Overpayment 90. Where the amount paid in respect of any dues and
or under- charges, is found to be incorrect, then if such amount is-
payment
of dues (a) overpaid, the person who overpaid any such amount
and charges, then is entitled to a refund of the amount so overpaid;
(b) underpaid, the amount of such underpayment may be
collected from the person who made such payment.
Provided that, notwithstanding anything contained in any
enactment such overpayment or underpayment shall not be re-
funded, or collected, as the case may be unless notice in writing
containing such particulars as may reasonably be given-
(a) by the person claiming such overpayment to the Port
Manager; or
(b) by the Port Manager to the person against whom the
underpayment is claimed within six months after the
goods were accepted or the services rendered, as the
case may be by the Port Authority so, however, that
where such underpayment is caused by information or
description subsequently found to be incorrect, such
period of six months shall commence from the date of
the discovery by the Port Manager of the correct in-
formation or description.

PART XI

TRANSITIONAL

Transfer of Assets, Liabilitics, functions, etc.


Transfer of
Assets.


91. (1) Upon the commencement of this Act-




















133

No. 29. Port Authority 1975.


(a) all lands of the Crown within the boundaries of the
ports in this Act including the bed and shores vested
immediately before the commencement of this Act in
the Government of this State are hereby vested in the
Authority;
(b) all lights, buoys, beacons within the boundaries of the
said ports are hereby transferred to the Authority;
(c) all warehouses, buildings, machinery, plant tools and
other property immediately before the commencement
of this Act were the property of the Government of
this State are transferred to the Authority.
(2) All rights privileges and advantages and all the
obligations to which, immediately before the commencement of
this Act the Government was entitled to or subject to as the case
may be, are hereby transferred and conferred or imposed on the
Authority for the purposes of this Act.
(3) A reference in any deed, contract, bond or security
or other document subsisting immediately before the commence-
ment of this Act against or in favour of the Government shall
have full force and effect against or in favour of the Authority
and be enforceable as fully and effectually as if, instead of the
Government or any person acting on behalf thereof, the Auth-
ority has been named therein and had been a party thereto.
92. All lands vested in the Authority at and after the com- Land vested
mencement of this Act shall be exempt from any rate, tax, or in Authority
imposition which any local authority shall have power but for oe free
this section to lawfully levy or impose, but nothing herein con- municipal
trained shall preclude a local authority from levying and collect- rates and
ing rates, taxes and other lawful charges in respect of land, taxes.
houses and buildings of the Authority leased and occupied for
private purposes.
93. (1) The Public Service Commission may approve the Transfer of
transfer and appointment of an officer from the Public Service public
to the service of the Authority or from the service of the Auth- servants.
ority to the Public Service.
(2) Where a transfer and appointment has been ap-
proved under subsection (1) arrangements shall be made by
the Government or the Authority to pay to the Government or
the Authority as the case may be, such contribution as may be
provided for in rules made by the Minister in respect of pensions






















No. 29. Port Authority 1975.


and gratuities, and any such rules may make provisions in
different classes of cases.
Exemption 94. Notwithstanding anything contained in the Income Tax
from Income Ordinance 1967, the income of the Authority shall not be liable
Tax. to Income Tax.
No. 21 of
1967. PART XII

MISCELLANEOUS AND GENERAL POWERS
Authority 95. (1) The Authority may, subject to standing orders
may appoint made by the Authority and approved by the Minister appoint
Security
Guards. persons to be Security Guards.
(2) The Security Guards so appointed shall be a sup-
plemental body of police styled "Security Guards".

(3) Such standing orders shall provide for the terms
and conditions of appointment, with provision for the duties of
a Security Guard with special regard to the maintenance of
order within the port and the protection and safety of goods
and property, and the suspension and termination of appoint-
ment of any person appointed as a Security Guard under this
section.
(4) The Commissioner of Police shall have the general
command and superintendence of the Security Guards.
(5) Every member of the Security Guard shall in the
performance of his duties have and exercise all the powers, rights,
privileges and protection and be liable to the same responsibilities
and discipline of a police officer.

Bonded 96. (1) If any warehouse of the Authority is approved and
Warehouse. appointed under any enactment relating to customs for the time
being in force, the Authority shall give general security by bond
or otherwise for the payment of the customs duties payable in
respect of goods stored in such bonded warehouse or for the due
exportation of such goods.

(2) Nothing in this section shall be taken however to
absolve any person who would have been liable to pay duties for
paying any such duty as he would be compelled to pay in respect
of any such goods.





















No. 29. Port Authority 1975.


97. Nothing in this Act or the Regulations made there- Operation of
under shall prejudice the operation of any Customs Act or Customs Act.
any other Act or Ordinance dealing with Customs, and in all
cases of conflict the Customs Act shall prevail.

98. Notwithstanding the provisions of this Act or any
regulations made thereunder there shall be a Harbour Master
whose duties shall include:-
(a) the granting of pratique and issuing clearances to
all ships entering and leaving the State;
(b) the keeping of Statistics on the movement of ships
entering the State from a foreign Port;
(e) tie duties as defined under the Quarantine Ordinance;
(d) the admeasuring of ships for tonnage etc;
(c) the examination of boats for seaworthiness and to
issue passenger licences;
(f) His being Chairman of the Board of Examiners for
the issue of Master's Certificates of Competence;

(g) the engagement and discharge of seamen;
(h) Responsibility over the Navigable waters of the State
and such other duties related to his office as the
Minister may direct.

99. Proceedings for offences arising out of the provisions Port
of this Act shall be instituted in writing by the Port Manager Manager's
or by any officer duly authorised by him in writing, iiat.

100. In any proceedings for any offence, the averment Proof.
that such offence was committed within the limits of the port
shall be sufficient without proof of such limits, unless the con-
trary is proved.

101. In addition to any other remedy given under this Recovery of
Act, all dues, charges, compensation, damages, costs, expenses Sums.
or other sums due to the Authority under the provsiions of this
Act may be recovered by the Authority as a civil debt.





































Monies 102. All fines, compensation, damages, costs or other
recovered sums directed to be paid in respect of any offence, proceeding or
to be paid
into Account matter arising out of the performance of the duties powers and
of the functions of this Act or any regulations shall be paid into the
Authority. account of the Authority.

Commencement. 103. This Act shall come into force on such day as the
Governor may appoint by Proclamation published in the
Gazette.



Passed in the House of Assembly this 22nd day of May, 1975.

OWEN CUFFY,
Clerk of the House of Assembly.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.


[ Price $13.20


1975.


No. 29.


Port Authority


1975.




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