Karachi Port Trust Act, 1886
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THE KARACH PORT
TRUST ACT, 1886
THE KARACHI PORT
TRUST ACT, 1886.
1BOMBAY ACT NO.VI OF 1886
[8th February, 1887]
An Act to vest the Port of Karachi in a Trust
Preamble, Whereas it is expedient to vest the Port of Karachi in a true and to provide for the management of the affairs of the said port by trustees; It is enacted as follows:-
I – PRELIMINARY
Section 1. Short Title
This Act may be called the Karachi Port Trust Act, 1886.
Section 2. Definitions
In this Act, unless there be something repugnant in the subject or context:-
(1) “Port” means the port of Karachi as defined for the purpose of this Act;
(2) “high-water mark” means a line drawn through the highest points reached by ordinary spring-tides at any season of the year.
(3) “low-water mark” means a line drawn through the lowest points reached by ordinary spring-tides at any season of the year.
(4) “land” includes the bed of the sea below high-water mark, and also things attached to the earth or permanently fastened to anything attached to the earth;
(5) “master” when used in relation to any vessel, means any person having for the time being the charge or control of such vessel;
(6) the word “goods” includes wares and merchandise of every description;
2[(7) “owner” when used in relation to goods includes any consignor, consignee, shipper, agent for shipping, clearing or removing such goods, or agent for the sale or custody of such goods; and when used in relation to any vessel includes any part-owner, charterer, consignee or mortgage, in possession thereof.]
[NOTE.-The Provisions of this Act are to be construed as if references in it to Government [except in clause (2) of the proviso to section 21 and clause (1) of section 61] or the Governor-in-Council to the Bombay Government Gazette and to the Accountant- General, Bombay, were references to the Governor-General-in-Council, to the Gazette of India and to the Comptroller, Sind , respectively, see s.4 of the Sind Laws Regulation, 1936 (6 of 1936).] 1For Statement of Objects and Reasons, see Bombay Government Gazette, 1886, Pt. V, p.42 for report of the Select Committee, see ibid., p. 106, and for proceedings in Council, see ibid., pp. 100 and 190.
2Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s.2 for sub-Section (7)
Section 3. Power to define and alter limits of Port
Government may, 1***by notification in the 2[Official Gazette]
(a) define the limits of the port for the purpose of this Act, and
(b) from time to time alter such limits.
Such limits may extend to any part of the navigable approaches to the port, and may include any wharves, tramways, warehouses; sheds and other works made on behalf of the public for convenience of traffic, for safety of vessels or for the improvement, maintenance and good government of the port, whether within or without high-water mark, and , subject to any rights of private property therein, any portion of the shore within fifty yards of high-water mark.
II. – OF THE BOARD OF TRUSTEES
CONSTITUTION OF BOARD
Section 4. Act to be carried out by trustees
The duty of carrying out provisions of this Act shall subject to such conditions and limitations as are hereinafter contained, be vested in a board to be called “The Trustees of the Port of Karachi” ,and such Board , hereinafter referred to as “the Board”, shall be a body corporate and have perpetual succession and a common seal, and shall sue and be sued by the name of first aforesaid.
[3] Section 5. Number of trustees
The Board shall consist of 4[eleven] members.]
[5] Section 6. (1) Appointment of Chairman and election of Vice-Chairman. Government shall from time to time appoint a person to be Chairman of the Board
The person so appointed may be a public officer or not. The Chairman shall be a trustee.]
6[(2) The Board shall elect at its first meeting held at the beginning of each year of the term of the trustees composing that Board one of the trustees to be Vice-Chairman of the Board for a period of one year expiring with expiry of that year of the term.
(3) In the event of the death, resignation or disqualification of the Vice-Chairman or his absence from four successive meetings of the Board, the Board shall elect a successor who shall hold office, for the remainder of his predecessor’s period of office.]
1 The words “with the approval of the Governor-General-in-Council” omitted by the Devaluation Act, 1920(38 of 1920), s.2 and Sch. I.
2 Subs. by the Federal Laws (Revision and Declaration) Act,1951 (26 of 1951), s.5 and Fourth Sch., for “Bombay Government Gazette”.
3Subs. By the Karachi Port Trust (Amdt.) Act, 1924 (Bom. Act 6 of 1924), s.3, for section 5.
4Subs. By the Karachi Port Trust (Amdt.) Ordinance, 1960(11 of 1960), s.2 for “seventeen” which had been subs. by the Karachi Port Trust (Second Amdt.) Act,1950 (42 of 1950), s.3, for “sixteen”.
5Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914) s.2, for section 6.
6Subs. by Act 42 of 1950, s.4, for sub-section (2).
[1] Section 7. Nomination of other trustees
(1) Of the remaining trustees, one shall be elected by the Chamber and Industry, Karachi, one shall be elected by the Karachi Chamber of Commerce and Industry, Karachi, one shall be elected by the Karachi Cotton Association, Karachi, one shall be elected by the Pakistan Shipowners Association, Karachi, one shall be elected by the Karachi Municipal Corporation, and five, of whom one shall be a non-official associated with the Karachi Port Trust Labour Unions, shall be appointed by the 2[Federal Government].
Any trustee elected or appointed under this section may or may not be a public officer.
(2) The right to elect trustees conferred on the Chamber of Commerce and Industry, Karachi, the Karachi Chamber of Commerce and Industry, Karachi, the Karachi Cotton Association, Karachi, the Pakistan Shipowners Association, Karachi, shall accrue only on such Chamber or association, being or becoming, registered under the law for the time being in force for the registration of companies or association.]
[3] Section 8. Conduct of elections
(1) The election of trustees by the Chamber of Commerce and Industry, Karachi, the Karachi Chamber of Commerce and Industry, Karachi, the Karachi Cotton Association, Karachi, the Pakistan Shipowners Association, Karachi, and the Karachi Municipal Corporation shall be conducted in such manner, as may from time to time be determined at a meeting of the members of the bodies concerned convened in accordance with the rules for the time being in force in this behalf. The Secretary of the body concerned shall make a return to the 2[Federal Government] of the names of the persons so elected.
(2) Nomination by Government in default of election. In the event of default by any of the aforesaid bodies in electing any trustee under the foregoing provisions within the period hereinafter prescribed in this behalf, Government may appoint a person to represent such body and the person so appointed shall be deemed to be a trustee as if he had been duly elected by that body.]
1 The Original s.7 has successively been amended by the Karachi Port Trust (Amdt.) Act, 1924 (Bom. Act 6 of 1924), s. 4 , the Karachi Port Trust (Amdt.) Act, 1933 (Bom. Act 9 of 1933), the Karachi Port Trust (Amdt.) Act, 1949 (6 of 1949), s.2 , the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s.5 and the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.3, to read as above.
2Subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974), s.2, for “Central Government”.
3Section 8 which was originally amended by Act 6 of 1949, s.3 and subsequently amended by Act 42 of 1950, s.6 has been subs. by Ord. 11 of 1960, s.4 to read as above.
Section 9. Publication of names of trustee in the official Gazette
The name of every person appointed by Government to be Chairman 1[and of every person elected to be] Vice Chairman of the Board and the names of all trustees duly elected or appointed to the Board shall be published in 2* * * the 3[official Gazette].
10. [Term of office of first trustees when to commence.] Rep. by Bom. Act II of
1902, s.4.
11. Term of office of trustees and of Chairman. 4* * * * * * * Every trustee other than the Chairman, shall unless he becomes in the meantime disqualified, hold office for a term of two years.
5[Provided that the 6[Federal Government] may by notification in the official Gazette, extend 9[or reduce] the term for such period as may be specified in the notification].
7[The Chairman shall hold office for such period as the 6[Federal Government] may from time to time decide].
[8] Section 12. (1) Time for holding elections and making appointments
(1) The election of trustees by the bodies mentioned in sub-section (1) of Selection 7 of the Act to succeed trustees whose term of office expires, or to take office in accordance with the provisions of clause
(b) of sub-section (4) of Section 82, as the case may be, shall be held on some day between such dates as may by notification in the official Gazette be fixed by the 6[Federal Government] in this behalf, and appointments of such trustees by the 6[Federal Government] shall be made on some day prior to the date of the first meeting of the new Board.
(2) The term of office of the trustees so elected or appointed shall begin on the day next following that on which the term of their predecessors in office, or the period specified in an order under sub-section (1) of Section 82 or extended under clause (a) of sub-section (4) of that section as the case may be expires.].
1 Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914), s. 4, for “or”.
2The words “in the Bombay Government Gazette and” omitted by the Federal Laws (Revision and Declaration) Act, 1951(26 of 1951), s.5 and Fourth Sch.
3 Subs. by A.O., 1937., for “Sind official Gazette”.
4 The first two paras of s. 11 and words “In every other case” in the third para before the words” Every trustee”,
rep. by the Karachi Port Trust (Amdt.) Act, 1902(Bom. Act 2 of 1902), s. 4. 5 The proviso added by the Karachi Port Trust (Amdt.) Ordinance, 1949 (2 of 1949), s. 2. 6 See foot-note 2, on preceding page.
7 Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 7 for the paragraph which follows the proviso.
8The original s. 12 has successively been amended by Bom. Act 2 of 1902, 55, the Karachi Port Trust (Amdt.) Act, 1924 (Bom. Act 6 of 1924), s. 6, Ord. 2 of 49, s. 3 and Act 42 of 1950, s. 2, to read as above.
9Ins. by Ord. 31 of 2000, s. 2 (w.e.f. 2-7-97) s.2.
13. Filling up of casual vacancies. 1[(1)] In the event of the death, resignation or disqualification of a trustee or of his becoming incapable of acting previous to the expiry of his term of office, the vacancy shall be filled up, as soon as it conveniently may be, by the election or appointment, as the case may be, of a person thereto, who shall hold office so long only as the trustees in whose place he is elected or appointed would have been entitled to hold it if the vacancy had not occurred.
2[(2) Acting trustee. If a trustee departs from Karachi with an intention of being absent for a period of three months or more, a person shall be elected or appointed as aforesaid to act for such trustee during his absence, or until he shall cease to be a trustee; and the person so acting shall be deemed for all the purpose of this Act to be trustee.]
3[(3) Saving provision for acting appointment when necessary for less than three months. Nothing in the last preceding sub-section shall prevent a person being elected or appointed for a shorter period than three months in the place of an absent trustee, on the application of the Board if the absentee be an active trustee or at the discretion of Government if he be a nominee trustee.]
Section 14. Re-eligibility of trustees
A person who has already been a trustee on one or more occasions shall, if not disqualified under section 15, be again eligible at any time for election or appointment.
DISQUALIFICATIONS OF TRUSTEES
4[15 Disqualifications for office of trustee. (1) A person shall be disqualified to be a trustee who:-
(a) is an un-certificated bankrupt or insolvent; or
(b) has been convicted and sentenced to imprisonment for an offence punishable with imprisonment for a term exceeding six months, or to transportation, such conviction not having been subsequently reversed or quashed, and whose disqualification on account of such conviction has not been removed by an order, which Government is hereby empowered to make, if it shall think fit, in this behalf; or
( c) hold [or has held] any office or place of profit under the Board; or
(d) has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by or on behalf of the Board [;or].
5[(e) has not-
(i) paid back the loan advance or credit amounting to one million rupees or more including any mark-up accrued thereon, obtained from any bank, financial institution or corporate body in his personal name or any business concern mainly owned by or having any share in such business concern for more than one year from the due date;
1 The first two paras of s. 13 re-numbered as sub-sections (1) and (2) of that section by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s. 6.
2 Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 9, for sub-section (2).
3 Sub-section (3) added by Bom. Act 2 of 1902, s. 6.
4 Subs. ibid., s. 7, for original s. 15.
5 Ins., subs & added by Ord. 31 of 2000, s.3 (w.e.f. 2.1.1997).
(ii) paid the tax amounting to fifty thousand or more in respect of each category of tax for over six months; and
(iii) paid the utility expenses, including telephone, electricity, gas and water charges, amounting to twenty-five thousand rupees or more for each utility for over six months.]
[(1A) Notwithstanding anything contained in sub-section (1), an officer of the Port shall not, during service of the Port or thereafter, be eligible for appointment as trustee to represent Labour Union].
(2) Proviso. But a person shall not be so disqualified, or be deemed to have any share or interest in such contract or employment by reason only of his having a share or interest in –
(a) any lease, sale, exchange or purchase of immovable property, or any agreement for the same; or
(b) any licence by the Board, or right by agreement or otherwise with the Board to the sole or preferential use of any railway sidings or any berth for vessels in the docks, wharves, quays, stages, jetties and piers belonging to the Board; or
(c) any agreement for the loan of money, or any security for the payment of money only; or
(d) any newspaper in which any advertisement relating to the affairs of the Board is inserted; or
(e) any joint-stock company which shall contract with or be employed by or on behalf of the Board; or
(f) the occasional sale to the Board, to a value not exceeding two thousand rupees in any one official year, of any article in which he trades.]
[1] Section 15A. Grounds on which trustees shall vacate office
2[(1)] Any trustee who –
(a) becomes disqualified for any of the reasons mentioned in the last proceeding section ; or
(b) is absent from the meetings of the Board for a period exceeding twelve consecutive months, or without the permission of the Board from six consecutive ordinary meetings of the Board; or
(c) acts in contravention of, the provisions of the next succeeding section 3[or];
4[(d)] ceases to be a member of the Constituency by which he has been elected;]
shall cease to be a trustee, and his office shall thereupon become vacant.
5[(2) In the event of the Chamber of Commerce and Industry, Karachi or the Karachi Chamber of Commerce and Industry, Karachi, or the Karachi Cotton Association, Karachi, or the Karachi Pakistan Shipowners Association, Karachi or Karachi Municipal Corporation being dissolved, or ceasing to exist, the office of the trustee elected by the body which is dissolved, or which ceases to exist, shall become vacant].
1 S. 15A ins. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s. 8. 2 S. 15A re-numbered as sub-section (1) of that section by the Karachi Port Trust (Amdt.) Act, 1924 (Bom. Act 6 of 1924), s. 7. 3 Added, ibid. 4 Cl. (d) ins. ibid. 5 The original sub-section (2) as amended by the Karachi Port Trust (Amdt.) Act 1950 (23 of 1950), s. 2 and the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 10 has been subs. by the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s. 5, to read as above.
[1] Section 15B. Restriction on power of trustees to vote or discuss matters in which they are interested
A trustee shall not at any meeting of the Board or a Committee thereof take part in discussion of, or vote on, any matter in which he has directly or indirectly, by himself or his partner, any share or interest such as is described in section 15, or in which he is interested either professionally on behalf of a client or as agent for any person.]
REMUNERATION OF TRUSTEES
16. Remuneration of Chairman to be fixed by Government. 2[(1) The Chairman’s remuneration and other conditions of service shall be determined by the 3[Federal Government].
4[(2) Fees payable to other trustees. Every trustee, other than the Chairman, who attends a meeting of the Board, at which a quorum is present and business is transacted, shall be paid such fees as is admissible to Director of Joint Stock Companies subject to a maximum of one thousand rupees.]
PROCEEDINGS OF BOARD
Section 17. Provisions concerning the Board’s proceedings. The following provisions shall be observed with respect to the proceedings of the Board (namely)
(1) Vacancy not to affect Board’s proceedings. During any vacancy in the Board the continuing trustees may act as if no vacancy had occurred.
(2) Board to meet together and arrange for transaction of business. The Board shall meet together and shall from time to time make such arrangements not inconsistent with this Act, with respect to the place, day, hour, notice, management and adjournment of such meetings, and generally with respect to the transaction of business as they think fit subject, to the following conditions (namely):-
(a) Two ordinary meetings in each month. That two ordinary meetings at least shall be held in every month.
1 S. 15B ins. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s. 8.
2 Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 11, for sub-section (1).
3 See foot-note 2 on page 3, supra.
4Subs. omitted by Ord. No. 31 of 2000, s. 4 (w.e.f 2-7-97).
(b) Special meetings. That the Chairman may, whenever he thinks fit and shall, upon the written request of not less than three trustees, call a special meeting;
(c) Quorum. That no business shall be transacted at any meeting unless at least four trustees are present from the beginning to the end of such meeting.
(d) Meeting to be presided over by the Chairman. That every meeting shall be presided over by the Chairman, if he is present at the time appointed for holding the same, and if he is absent, by the Vice-Chairman or, in his absence, by such one of the trustees present as may be chosen by the meeting;
(e) Questions to be decided by a majority of votes. That all questions shall be decided by a majority of votes of the trustees present, the president having second or casting vote in all cases or equality of votes.
(f) Votes to be recorded if a poll is demanded. That if a poll be demanded, the names of the trustees voting and the nature of their votes shall be recorded by the President;
(g) Minutes of proceedings. That minutes shall be kept of the names of the trustees present and of the proceedings at each meeting in a book to be provided for this purpose which shall be signed, as soon as practicable, by the president of such meeting, and shall be open to inspection by any trustee during office hours.
1[(2A) The minutes of the meetings of the Board shall be open for inspection by any member of the public on payment of such fees as may be fixed by the Board, and any member of the public may obtain copies of the minutes on payment of a copying fee prescribed for copies obtainable from the offices of the Provincial Government : Provided that the Chairman may under the direction of the Board refuse to allow access or give copies to any person of such portions of the minutes as he may consider to be of a confidential nature.]
2[(3) Board may delegate powers to committees. The Board may appoint committees consisting of such trustees as it thinks fit to examine and advise the Board on any matter referred to the Committees and may also delegate to such committees such of its powers as it may think fit. Any committee so formed shall conform to any instructions that may from time to time be given to it by the Board and the Board may at any time discontinue or alter the constitution of any committee so formed.]
1Sub-section (2A) ins. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 12. 2Subs.ibid., for sub-section (3).
(4) Committees’ meetings to be presided over by a Chairman. A committee may elect a Chairman of their meetings, and if, no such Chairman is elected or if he is not present at the time appointed for holding the same; the members present shall choose one of their members to be Chairman of such meeting;
1[Provided that, if the Chairman is a member of the Committee, he shall be Chairman thereof, and if he is not, but the Vice-Chairman is a member of the Committee, the Vice- Chairman shall be Chairman thereof].
(5) Meetings of Committees. Committees may meet and adjourn as they think proper, but he Chairman of the Board may, whenever he thinks fit and shall, upon the written request of not less than two members of a committee, call a special meeting of such committee.
(6) Questions how to be decided at committees’ meetings. Questions at any meeting of a committee shall be decided by a majority of votes of the members present, and in case of an equal division of votes, the Chairman of the meeting shall have a second or casting vote, but no business shall be transacted at any such meeting unless at least two-thirds of the members of the Committee are present from the beginning to the end thereof.
(7) Acts of Board etc. not to be invalidated by informalities. No act of the Board, or of any committee or of any person acting as trustees, shall be deemed to be invalid by reason only of some defect in the appointment of such Board, committee or trustee, or on the ground that they or any of them, were disqualified for the office of trustee.
Section 18. Competency of the Board to lease, sell and transfer
2[(1)] The Board shall be competent, subject to the restrictions contained in sub-section (2) to lease, sell or otherwise transfer any moveable or immoveable property which may, for the purposes of this Act, have become vested in or been acquired by them and so far as is not inconsistent with the provision and purposes of this Act, and subject to the restrictions contained in sub-sections (3) and (4) to enter into and perform all such contracts as they may consider necessary or expedient in order to carry into effect the said provisions and purposes.
1 The proviso added by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914), s.6 2 Sub-sections (1) to (9) have been subs. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.10 for the original first two paras.
Competency of Chairman to sell, transfer, etc.1[(1A) The Chairman shall be competent to sell, transfer or otherwise dispose of any moveable property the depreciated value of which [does not exceed five hundred thousand] rupees and which in his opinion, is no longer required or useful for the purposes of the Port.]
(2) Subject in certain cases to sanction of Government. In the case of every lease of immoveable property for a term exceeding 2[twenty-five years with an option to renew for a like period of twenty-five], in the case of every sale or other transfer of any such property, the previous sanction of Government is required.
(3) Approval of Government to estimate when no pressing emergency and expenditure involved exceeds rupees 3[two hundred fifty thousand]. In the case of every contract which will involve expenditure exceeding 3[two hundred fifty thousand] rupees not reported forthwith under section 67 4*** to Govt. as required for a pressing emergency the previous and final approval of Government to an estimate at the time in force in which provision is included for such expenditure is required.
(4) Sanction of Board on plan and estimate for new work costing over rupees 3[one million]. In the case of every contract in respect of any new work, the estimated cost of which exceeds 3[one million] rupees the sanction of the Board on a plan and estimate submitted to, and considered and approved by them, is required.
(5) Sanction of Board by resolution requisite in certain cases. In the case-
(a) of a lease for a period exceeding one year, or of a sale or other transfer, or contract for the purchase of any immoveable property.
(b) of every contract which will involve expenditure not covered by a budget grant.
(c) of every contract the performance of which cannot be completed within the official year current at the date of the contract. The sanction of the Board by a resolution passed at a meeting thereof is required.
(6) Sanction of the Board when required to purchase or sale of moveable property. In the case of a contract for the purchase of a moveable property, or for the sale of any moveable property belonging to the Board, if the expenditure which the purchase would involve, or the value of the property to be sold as estimated in the accounts of the Board, exceeds 3[one million] rupees the sanction of the Board is required.
1 Sub-section (1A) ins. by the Karachi port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.6.
2 Subs. by Ord. 11 of 1960 s.6, for “fifty” which had been subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom.
Act 1 of 1914), s.7, for “twenty-one”.
3 Subs. by Ord. 31 of 2000, s.5 (w.e.f. 2.7.1997).
4The words “through the commissioner” omitted by the Sindh Laws Regulation 1936 (6 of 1936), s.4 and Third Sch.
(7) Sanction by Chairman. In the case of every contract not otherwise provided for in the preceding sub-sections of this section, the sanction of the Chairman, 1*** is required 5[:]
5[Provided that the Chairman may, by an order in writing, delegate all or any of his powers under this section to an officer or officers as he may deem fit.]
(8) Mode of executing contracts. Every contract entered into by or on behalf of the Board other than a contract to which sub-section (7) applies shall be in writing, and shall be signed by the Chairman and two other trustees, and shall be sealed with the common seal of the Board.
Every contract to which sub-section (7) applies shall be executed by the Chairman, or by such officer mentioned in sub-section (7) as is empowered to sanction such contract, in such manner and form as, according to the law for the time being in force would bind the Chairman or officer if such contract were executed by him on his own behalf.
(9) Invalidity of contracts unless requirements of this section are fulfilled. No contract shall be binding on the Board in any case referred to in this section, unless all such requirements as are specified in sub-sections (2), (3), (4), (5), (6) and (7) in respect of such case are fulfilled, and unless it is executed in accordance with the provisions of sub-section
(8) applicable thereto:
Provided, that the signatures of the Chairman and two other trustees may be engraved, lithographed or impressed by any mechanical process on coupons attached to debentures which the Board is at any time authorized to issue under 2[this Act] and the signatures so engraved, lithographed or impressed shall have the same validity as they were written in the proper handwriting of the Chairman and other trustees.]
Section 19. Board may compound for claims against them
The Board may compound or compromise for in respect of any claim or demand made against them, for such sum of money, or other compensation, as they shall deem sufficient 3[:]
4[Provided that the Chairman may compound or compromise any claim or demand] 5[not exceeding two hundred thousand rupees.]
1The words “or the Sanction of Port Engineer or Manager and Secretary, given in exercise of power in this behalf conferred by the general or special orders of the Board or by special order of the Chairman” were omitted by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 191), s.7.
2Subs. by the Karachi Port Trust (Amdt.) Act, 1909 (Bom. Act 2 of 1909), s.1, for “the Local Authorities Loan Act, 1879 or other law for time being in force”.
3Subs. by the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.7, for the full-stop.
4Proviso added ibid. 5Subs.& added by Ord.31 of 2000, ss. 5 & 6 (w.e.f. 2.7.1997).
THE CHAIRMAN AND VICE-CHAIRMAN
Section 20. Duties of Chairman. The Chairman shall
(1) attend every meeting of the Board, unless prevented by sickness or other reasonable cause;
(2) exercise supervision and control over the acts and proceedings of all officers and servants of the Board in matters of executive administration and in the matters, concerning the accounts and records of the Board; and subject to the regulations at the time being in force framed by the Board under section 22, dispose of all questions relating to the service of the said officers and servants, and their pay, privileges and allowances.
(3) furnish to Government a copy of the minutes of any of the Board’s proceedings and any returns or other information which Government may from time to time call for.
Duties of Vice Chairman. The Vice Chairman shall exercise such of the powers and perform such of the duties of the Chairman as the Chairman from time to time deputes to him.
1[Provided that such deputation shall be made only during the temporary absence from duty, owing to illness or other cause, of the Chairman].
--------------------
1 The proviso added by the Karachi Port Trust (Amdt.) Act 1914 (Bom. Act 1 of 1914), s.8.
III – OF THE OFFICERS AND SERVANTS OF THE BOAFD STRENGTH OF STAFF
Section 21. Schedule of officers and servants, and of their pay and allowances, to be prepared and sanctioned by the Board
The Board shall from time to time prepare and sanction a schedule of the staff of officers and servants whom they shall deem it necessary and proper to maintain for the purpose of this Act. Such schedule shall also set forth the amount and nature of the salaries, fees and allowances which the Board sanctions for each such officer or servant.
1* * * * * * *
Provided –
Provisos.2[(1) that artisans, porters and labourers and mukaddams of porters and labourers, persons temporarily employed in the Engineering department, and any member of the staff engaged for a period not exceeding six months whose pay is not more than rupees one hundred per mensem, shall not be deemed to be officers or servants within the meaning of this section or section 22 clause (1) to (4) both inclusive, or of section 23,]
1The two paras following para 1 of s. 21 rep. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.11.
2Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s.14 for para (1) of the proviso.
(2) that, if an officer is lent to the Board by 1[the Government of a Province or the 2[Federal Government] the Board shall make such contributions, if any, on account of his pension and leave allowances as may be required by the rules in this behalf from time to time in force, and shall not, except with the consent of 1[the lending Government], dispense with his further services at any time without giving 1[the lending Government] six months’ previous notice.
3* * * * * * *
22. Board to frame regulations. 4[The Board may with the prior sanction of the 5[Federal Government],] frame regulations-
1. for regulating leave; for regulating the grant of leave to the officers and servants of the Board;
2. for setting absentee allowances; for authorizing the payment of allowances to the said officers and servants or to the certain of them whilst absent on leave;
3. for fixing acting allowances; for determining the remuneration to be paid to the person appointed to act for any such officers or servants during their absence on leave;
4. for regulating length of services; for regulating the period of service of all such officers and servants;
5. for fixing pensions etc.; for determining whether any of the said officers and servants, and, if so, which of them, shall on retirement receive pension, gratuities or compassionate allowances, 6* * * and the conditions under which such pensions, gratuities or compassionate allowances shall be payable and the amount of the same;
7[(6) for authorizing contributions to provident fund; for authorizing the payment of contributions at certain prescribed rates and subject to certain prescribed conditions to any provident fund which may be established by the Board for the benefit of its officers (including such officer as may be appointed by the 5[Federal Government] to act as Chairman) and servants of which with Board’s approval may be established by its officers and servants themselves;]
1Subs. by the Sind Law Regulation, 1936 (6 of 1936), s.4 and Third Sch., for “Government”.
2Subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974), s.2, for “Central Government” which had been subs.
by A.O., 1937, for “Government of India”.
3Cl. (3) omitted by Sind Reg.6 of 1936, s.4, and Third Sch.
4Subs. by the Karachi Port Trust (Amdt.) Ordinance, 1960, (11 of 1960), s.8, for “Board shall from time to time”.
5See foot-note 2 on page 3, supra. 6The words, “and whether compassionate allowances shall be paid to the surviving relatives of any of the said officers and servants who are killed in the execution of their duty, and if so, to which of them” rep. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.12.
7Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 15, for sub-section (6).
1[(7) Determining conditions of grant of wound pensions or compassionate allowances. For determining the conditions under which pensions, gratuities or compassionate allowances may be paid to any of such officers and servants injured, or to the surviving relatives of any such officers and servants killed in the execution of their duty.]
2[(8) for regulating the conduct and the terms and conditions of service of the officers and servants of the Board, and all other service matters including recruitment, promotion, inquiries, punishments and appeals.]
3* *
* *
* * *
POWERS OF APPOINTMETN, ETC.
Section 23. Appointments etc. by whom to be made
4[(1) Subject to the provisions of the regulations made under section 22 and of the Schedule of officers and servants for the time being in force, all administrative powers including those of appointment, promotion, suspension and punishment of the officers and servants of the Board shall be exercised by -
(a) the Chairman, in respect of officers holding posts in Basic Pay Scale 16 to 18.
(b) the Board in respect of officers holding posts in Basic Pay Scale 19; and
(c) the Board, subject to the approval of the Federal Government, in respect of the officers holding posts in Basic Pay Scales 20 and 21:
Provided that the Chairman may, by an order in writing, delegate all or any of his powers under this sub-section to the respective Heads of Department or such other officers as he may think fit.]
(2) In the case of an order passed by a Head of the Department or other officer in exercise of the power delegated to him under sub-section (1) an appeal shall lie to the Chairman and in the case of any other order under that sub-section to the 5[Federal Government] and the orders of the Chairman or 5[Federal Government], as the case may be in, such appeal shall be
final.
1Cl. (7) added by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.12.
2Cl. (8) added by the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.8. 3Proviso omitted ibid.
4Subs. by Ordinance 31 of 2000, s.7 (w.e.f. 2.7.1997).
5See foot-note 2 on page 3, supra.
(3) An appointment made in this section shall not be deemed to be a contract or agreement within the meaning of section 18.]
1* * * * * * *
Section 24. Orders and regulations for officers
2[ Every order or regulation shall be
made by -
(i) the Chairman, in the case of officers in Basic Pay Scale 16 to 18;
(ii) the Board, in respect of officers holding posts in Basic Pay Scales 19; and
(iii) the Board, subject to the approval of the Federal Government, in respect of officers holding posts in Basic Pay Scale 20 and 21.]
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1Fourth paragraph of section 23 omitted by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914), s.9.
2Subs. by Ordinance 31 of 2000, s.8 (w.e.f. 2.7.1997).
IV. OF THE PROPERTY AND LIABILITIES OF THE BOARD
GENERAL POWERS AS TO PROPERTY
Section 25. Powers of Board as to property
The Board shall, for the purpose of this Act, have power to acquire and hold moveable and immovable property whether within or without the limits of the port or city of Karachi.
1* * * * * * *
Section 26. Procedure to be observed when the Board are unable to acquire, by agreement, any immovable property
When the Board are unable to acquire, by agreement, any immovable property required for the purposes of this Act, 2[the 3[Federal Government]] may, 4* * * order proceedings to be taken for acquiring the same on behalf of the Board as if such property were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (1 of 1894).
The amount of compensation awarded and all other charges incurred in the acquisition of any such property shall be forthwith defrayed by the Board, and thereupon the said property shall vest in the Board.
Section 27. Transfer of Government property to the Board
5[(1) The property specified in schedule A shall 6* * * vest in the Board.
Provided that –
(i) if any question arises between 2[the 3[Federal Government]] and the Board as to the boundaries of any portion of such property, Government may define and demarcate such boundaries, and the decision of Government in respect to such boundaries 7* * * shall be conclusive;
1The remaining portion of section 25 was rep. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.13.
2Subs. by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch., for “Government”.
3The original words “Local Government” successively amended by A.O., 1937 and the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s.16, has been subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974), s.2, to read as above. 4The words “in their discretion” omitted by A.O., 1937. 5S.27 re-numbered as sub-section (1) of that section by Act 42 of 1950, s.17. 6The words and figures “upon and after the date notified by the Government under section 10” rep. by Bom. Act 2 of 1902, s.14. 7The words “when approved by the Governor-General-in-council” omitted by Sind Reg. 6 of 1936, s.4 and Third
Sch.
(ii) any portion of the land specified in the said schedule which shall be required by 1[the 2[Federal Government]] for a public purpose may be resumed by 1[the 2[Federal Government], 3* * * without claim to compensation on the part of the Board, except for buildings or other permanent structures erected thereon.
4[(2) Nothing in clause (ii) of the proviso of sub-section (1) shall apply to land reclaimed from harbour waters, and the Board shall be compensated for any improvements effected by it on any land resumed under that clause.]
(3) The railway now under construction between the Bander station and the Keamari station may be constructed by Government along the foreshore or on reclaimed land and any other work which the 5[Federal Government], may consider necessary in the public interests may be executed by Government in or upon any of the property specified in the said schedule, without claim to compensation on the part of the Board except for building or other permanent structures which it shall be necessary to clear away for the purposes of such railway or work.
Section 28. Transfer to the Board of the Karachi Harbour Board’s liabilities and claims
The loans specified in schedule B, which 6[were] contracted by the Karachi Harbour Board and have not yet been discharged, and all other debts and obligations incurred, all contracts entered into, and all matters and things engaged to be done by, with or for the Karachi Harbour Board, shall be deemed to have been incurred, entered into or engaged, to be done by, with or for the Board;
and all sums of money due to the said Karachi Harbour Board shall be deemed to be due to the Board;
and all suits or other legal proceedings, civil or criminal, instituted, or which might, but for the passing of this Act, have been instituted, by or against the said Karachi harbour Board, may be continued or instituted by or against the Board.
[7] Section 28A. Special provisions as to the liabilities of the Board to the Corporation
(1) The Board shall pay annually on the thirtieth day of September to the Municipal Corporation of the City of Karachi in lieu of the general-tax and fire-brigade tax, if any, liviable by the said Corporation in respect of the property or some portion of the property vested in the Board which would otherwise be liable to be assessed to the said taxes a sum ascertained in the manner provided in sub-sections (2) and (3).
1Subs. by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch., for “Government”.
2The Original words “Local Government” successively amended by A.O., 1937 and the Karachi port Trust (Amdt.) Act, 1950 (42 of 1950), s.16, has been subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974),s.2,to read as above. 3The words “with the approval of Central Government” as amended by A.O., 1937, has been omitted by Act 42 of 1950, s.17. 4Sub-section (2) added by Act 42 of 1950, s.17.
5Subs. by Act 45 of 1974, s.2 , for “Central Government” which had been subs. by A.O., 1937, for “Governor– General-in-Council”.
6Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914),s .11, for “have been”.
7Subs. by the City of Karachi Municipal Act, 1933 (Bom. Act 17 of 1933), s.109, for s.28A.
(2) The annual value of the buildings and lands in the City of Karachi (as defined in the City of Karachi Municipal Act, 1933) vesting in the Board in respect of which the said taxes would be leviable from the Board shall be fixed from time to time by Government. The said value shall be fixed with a general regard to the provisions contained in the City of Karachi Municipal Act, 1933, concerning the valuation of property assessable to property taxes, at such amount as Government shall deem fair and reasonable. Every such decision of government shall hold good for a term of five years subject only to proportionate variation, if in the meantime, the number or extent of the buildings and lands vesting in the Board materially increases or decreases.
(3) The sum to be paid annually to the Municipal Corporation of the City of Karachi by the Board shall be nineteenth-twentieths of the amount which will be payable by an ordinary owner of buildings or lands in the City of Karachi on account of property taxes, on an annual value of the same amount as that fixed under sub-section (2).
(4) Notwithstanding anything contained in sub-sections (1) to (3), it shall be competent to the said corporation and the Board to agree in writing that the Board shall pay to the said Corporation in lieu of the sum payable under sub-section (1) on such terms and conditions, as may be mutually agreed a sum ascertained otherwise than as provided in sub- sections (2) and (3) and thereupon the Board shall pay to the said Corporation in lieu of the sum mentioned in sub-section (1) the sum so ascertained accordingly.
(5) Except as hereinbefore, in this section provided, nothing shall affect the liability of the Port Trust property to any tax which may lawfully be imposed by the said Corporation in the City of Karachi.].
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V. – OF THE POWERS AND DUTIES OF THE BOARD WORKS
Section 29. Works to be constructed
The work to be constructed and carried out by the Board may include the following:-
(1) wharves ; quays, stages, jetties, piers and docks with all necessary and convenient arches, drains, landing-places, stairs fences, roads railways and approaches ;
(2) tramways, warehouses, sheds, engines and other appliances for conveying, receiving and storing goods landed or to be shipped, or otherwise.
(3) lighthouses, light-ships, beacons, pilot-boats, and other appliances necessary for the safe navigation of the port and of the approaches thereto within a distances of three miles from the limits of the port ; 1[and with the sanction of Government as to the funds to be contributed by the Board for the purpose, lighthouses beyond the said distance at the mouths of the Indus and at Cape Monze or the maintenance and lighting thereof];
(4) laying down moorings and the erection of cranes, scales and all means and appliances necessary for berthing, loading and unloading vessels ;
(5) reclaiming, excavating, enclosing and raising any part of the foreshore of the port vested in the Board;
(6) the construction, procuring and application of dredges and other machines for cleaning, deepening and improving any portion of the port or foreshore aforesaid ;
(7) procuring and employing 2[vessel] for lowing vessels into, out of or within the port.
(8) the construction of such works, without the limits of the port, as shall be necessary for the protection of works executed by the Board within the port, and all such other work and appliances as may, in the opinion of the Board, be necessary or desirable for carrying out the purposes of this Act;
3[(9) the extinguishing of fires on the property of the Board and the equipment, maintenance and use of engine for that purpose;
(10) the equipment of vessels, 4[tugs] or other boats and their use as well within the limits of the port as on the high seas beyond those limits, and whether in territorial waters or otherwise for the purpose of lowing or rendering assistances to any vessel whether entering or leaving the port or bound elsewhere, and for the purpose of saving or protecting life or property;.
(11) the supply of water to shipping in the port, and the equipment, maintenance and use of boats and barges for that purpose;
(12) the extinguishing of fires in the port, and the equipment, maintenance and use of engines for that purpose:
1Ins.by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.16 (1).
2Subs. by Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.11 for “steam-vessel”.
3Cls. (9), (10), (11) and (12) ins. by Bom. Act 2 of 1902, s.16(2).
4Subs. by Ord. 11 of 1960, s.11, for “steam tugs”.
1[Approval of the Board and Government for Commencing new works. Provided that no new work the estimated cost of which exceeds one million rupees shall be commenced by the Board on self-finance basis until a plan and an estimate of such work has been submitted to the Board and considered and approved by it:
Provided further that where the work involves public sector development program allocation or foreign assistance or Government guarantees, it shall require prior approval of the Federal Government.]
[1] Section 29A. Lease, transfer of works, etc
In order to carry out the purpose of this Act, the Board of Trustees
(a) may, with the approval of the Federal Government, rent, lease, buy, own acquire, mortgage and dispose of such property, real or personal, as the Board may deem proper to carry out the purposes of this Act;
(b) may acquire, construct, maintain, equip and operate wharves, docks, ship piers, quays, elevators, compressors, refrigeration storage plants, warehouses and other structures and all other facilities needful for the convenient use of the same in the aid of trade and commerce being national requirement, including the dredging of approaches thereto and the construction of belt line roads, highways, bridges and causeways being necessary or useful and shipyards, shipping and transportation facilities useful or convenient for the use thereto including terminal railroads, on self-finance basis:
Provided that where such works require foreign assistance or Government guarantees, prior approval of the Government shall be obtained,
(c) may make rules and regulations governing the business of Karachi Port property or facilities, including the adoption of safety standards and insurance coverage or proof of financial responsibilities, and shall provide for the licensing of persons, firms or corporation using or doing business on such property or facilities, and license fees to cover the expense thereof. Licenses may be revoked after notice and hearing by the Board as may be prescribed on willful breach of or failure to comply with such rules and regulations; and
(d) may entrust, transfer, lease or assign works referred to in section 29 to any other person, agency, department, company, or contractor on such terms and conditions as the Board may prescribed or on partnership, joint venture or sharing basis as may be mutually agreed to between the Board and the person, contractor or agency with prior approval of the Federal Government:
1Subs. by Ord. 30 of 2001, ss 3-4.
Provided that such person, agency, department, company or contractor shall abide by all rules, regulations and instructions made or issued under this Act:
Provided further that nothing in this section shall prevent the Board contracting out any or all of the services or works as provided in section 29.”
29B. Board may form independent subsidiary company. For carrying out he purposes of this Act, the Board may with the prior approval of the Federal Government, form an independent subsidiary or company to be incorporated under the Companies Ordinance, 1984 (XLVII of 1984), which may or may not involve outside participation.]
Section 30. Free landing places to be provided
The Board shall provide such number of public landing places as shall, in the opinion of the 1[Federal Government] be sufficient, from and upon which the public shall be permitted to embark and to land free of charge.
Section 31. Removal of bathing and landing-places
The Board may occupy or remove or alter any bathing-place or landing-place within the port, and prohibit the public from resorting to or using the same: Provided that the Board shall provide for the use of the public such other bathing-places or landing-places, if any, as the 1[Federal Government] may direct.
LANDING AND SHIPPING OF GOODS
Section 32. Appliances for shipping etc. for seagoing vessels
The Board shall, so far as the funds at their disposal will allow, provide and maintain wharves, quays, stages, jetties, piers, warehouses, sheds and appliances for the expeditious and convenient shipment and landing of goods in and from seagoing vessels within the port and for the storing of such goods, and shall by their servants land and ship all goods, from and in any such vessel coming to any such wharf, quay, stage, jetty or pier 2[or standing in the stream] except where there is lawful excuse for refusing to land or ship such goods or such vessel is under any enactment for the time being in force, not entitled to have her cargo shipped or discharged.
Provided that –
(1) the Board shall not be bound to land, ship or move any single article or package exceeding ten tons of twenty hundred-weight, in weight except at such special charge as may be agreed on in respect of such article or package ;
1See foot-note 5 on page 16, supra.
2Ins. by Act 42 of 1950, s.19.
(2) the Board may, by special agreement with the masters of vessels or the owners of goods, permit goods to be landed and shipped y other than the servants of the Board but every such permission shall be subject to the condition that the means to be employed and the appicances to be used by the said masters or owners for landing or shipping goods shall be subject to the approval of the Board, whose duty it shall be to satisfy themselves that the said means and appliances are at all times such and in such conditions as not to endanger the lives or safety of the persons employed.
(3) 3[the Board shall be competent to enter into lease concessions, management agreements or other arrangements with outside parties to provide for cargo handling, terminal operation and any other works or services in the port.]
Section 33. Seagoing vessels compelled to use wharves, etc
When any wharf, quay, stage, jetty or pier has been made and completed, with sufficient warehouses, sheds, and appliances for landing or for shipping goods from and in seagoing vessels the board may, with the previous sanction of the 1[Federal Government], by a notification published in three consecutive numbers of the 2[official Gazette] declare that such wharf, quay, stage, jetty or pier is ready for receiving, landing and shipping or for landing or for shipping, as the case may be, goods from and in seagoing vessels.
From and after such publication, the Board may from time to time, when there is room at such wharf, quay, stage, jetty or pier, order to come alongside of such wharf, quay, stage, jetty or pier, for the purpose of landing and shipping goods or for landing or for shipping the same, as the case may be, any seagoing vessels within the port which has not commenced to discharge cargo, or which, being about to take in cargo, has not commenced to do so. In making such order the Board shall have regard, as far as possible, to the convenience of such vessel, and of the shippers, in respect of the use of any particular wharf, quay, stage, jetty or pier.
Section 34. If accommodation sufficient, all seagoing vessels compelled to use wharves, etc
When a sufficient number of wharves, quays, stages, jetties, piers, warehouses, sheds ad appliances have been provide as aforesaid, the Board may 3* * * direct that no goods shall be landed or shipped from or in any seagoing vessel within the port, save at such wharves, quays, stages, jetties and piers, and may in like manner, alter, vary or revoke any such order;
Provided that it shall be competent to the Board at any time to exempt any specified vessel from the operation of any order made under this section.
1See foot-note 5 on page 16, supra.
2Subs. by A.O., 1937, for “Gazette of India”.
3Added & Omitted by Ord. 30 of 2001, s.6.
Section 35. Power to order vessels not to come. alongside of or to be removed from wharves, etc
1[An officer appointed by the 6[Chairman] in this behalf ] may in cases of emergency, or for any reason which appears to 2[him] sufficient, by notice in writing, order the master or owner of any vessel not to bring such vessel alongside; of or to remove such vessel from any wharf, quay stage, jetty or pier belonging to the 6[Chairman] and, if such notice is not obeyed, the 6[Chairman] may charge in respect of such vessel such sum as they think fit, not exceeding 6[two hundred thousand] rupees for each day of twenty-four hours, or portion of such day, during which such vessel remains at such wharf, quay, stage, jetty or pier:
Provided that in the case of a vessel ordered to be removed such charge shall not commence to be made till after the expiry of 2[twelve hours from the service of such notice as aforesaid] on the mater or owner of the vessel 6[:]
6[Provided further that no claim, whether financial or otherwise, against any order issued under this section shall lie against the Board or, as the case may be the Chairman].
36. Power of Federal Government to exempt from obligation to use wharves, etc., and. Notwithstanding anything contained in Section 33 and 34, the 3[Federal Government] may, be notification in the 4[official Gazette], from time to time permit certain specified vessels or classes of vessels to discharge or ship cargo, or certain specified cargo or classes of cargo, at such part of the port, in such manner during such period, subject to such payments and on such conditions as he may think fit, and otherwise grant exemption from the provisions of such sections.
To require preference to be given to Government vessels. The 3[Federal Government] may also by like notification cancel or modify any such notification.
The 3[Federal Government] may also at any time require that any vessel belonging to or in the service of the 3[Federal Government] shall be permitted to come alongside of any wharf, quay, stage, jetty or pier belonging to the Board in preference to all other vessels at the time in port; and it shall be incumbent on the Board to give effect to any such requisition.
Section 37. 6[Discharge of liability on goods landed
Whenever any goods are landed by the Board from any vessel, the Board shall, if so require, give to the Master of such vessel a receipt in the form of a provisional out turn report within seventy-two hours of the completion of the discharge of the vessel:
Provided that –
(a) the liability of the Board in respect of the goods on such vessel shall not exceed the value thereof specified in the bill of landing:
(b) The receipt shall relate only to the outward appearance of packages and shall not be construed as relating to the contents or the state of contents of the packages;
1Subs. by the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.12 for “five hundred” which had been subs. by Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.17, for “one hundred”.
2Subs. by Bom. Act 2 of 1902, s.17, for “thirty-six hours from service of the Board’s notice”.
3See foot-note 5 on page 16, supra.
4Subs. by A.O., 1937, for “Gazette of India”.
5Subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974), s.2, for “Central Government” which had been subs. by A.O ., 1937, for “Government of India”.
6Subs & Ins. & added & omitted by Ord. 31 of 2000 (10 of 2.7.1997) ss.11.12
(c) The receipt shall specify the number of packages and shall not relate to weight and their measurement;
(d) The receipt shall not give the number of small articles, loose cargo or goods in bulk:
Provided further the Board shall not be liable for any loss, destruction or damage to any goods accruing from
(a) Fire flood or reasons beyond human control;
(b) And act of God
(c) An act of war
(d) Seizure under any legal process
(e) Quarantining restrictions; and
(f) Riots or civil commotions.
[6] Section 37A. Landing in case of emergency, etc
In case of any emergency, including war, navigational and environmental hazards, storms and nature calamities, the Board may by order in writing and with the previous approval of the Federal Government , allow any goods to be landed from any vessel in the custody of any person, company, agency or terminal operator till delivery of such goods to the lawful claimant on such terms and conditions as it may deem fit.]
6Subs & Ins. & added & omitted by Ord. 31 of 2000 (10 of 2.7.1997) ss.11.12
CUSTOMS – WHARVES ETC.
Section 38. Accommodation to be provided for customs officers in wharves etc. appointed under Sea Customs Act
When Government appoint, under the provisions of any Act for the levy of sea custom duties, any wharf, quay, stage, jetty, pier, warehouse or shed
provided under this Act for the use of seagoing vessels to be a wharf for the landing or shipping, or a warehouse for the storing of goods within the meaning of such Act, the Board shall set apart, maintain and secure on or in such wharf, quay, stage, jetty, pier, warehouse or shed such portion thereof or place therein, or adjoining thereto, for the use of the officers of customs as the 1[Federal Government] approves or appoints in that behalf.
Section 39. Dues at 2[Customs and other Government departments or functionaries] wharves etc
Notwithstanding that any wharf, quay, stage, jetty, pier, warehouse or shed or portion thereof has, under the provisions of the last section, been set apart for the use of the officers of 2[Customs and other Government departments or functionaries] all dues, rates, tolls, charges and rents 2[including charges on account of use of utilities like electricity, water and telephone.] payable under this Act, in respect thereof, or for the use thereof, or for the storage of goods therein, shall be paid and be payable to the Board or to such persons as they may appoint to receive the same.
ERECTION OF WHARVES, ETC., BY PRIVATE PERSONS
Section 40. Private wharves, etc., prohibited
Save as hereinafter provided, no person except the Board shall make, erect of fix below high-water mark within the port any wharf, dock, quay, stage, jetty, pier, erection or mooring.
Any matter or thing so made, erected or fixed may be removed by the Board, and the person who has so made, erected or fixed any such matter or thing shall be punished with fine, which may extend to one thousand rupees, and with a further fine which may extend to one hundred rupees for every day during which such matter or things has been permitted to remain so made, erected or fixed after notice to remove the same has been given to him, and shall also be liable to pay all expenses which may have been incurred by the Board in removing such matter or thing.
Section 41. Power to permit erection of private wharves, etc., within the port subject to conditions
The Board may, by an order in writing and subject to the conditions contained in the same, permit any person to make, erect or fix below high-water mark within the port any wharf, dock, quay, stage, jetty, pier, erection or mooring.
Section 42. Wharves, etc., beyond port limits
in case any wharf, dock, quay, stage, jetty, pier, erection or mooring is, after the date on which this Act comes into force, without the written consent of Government, made, erected or fixed below high-water mark without the limits of the time being of the port, and thereafter the limits for the port are extended so as to
1See foot-note 5 on page 16, supra
2Subs. & Ins. by Ord. No 31 of 2000 s.15 (w.e.f. 2.7.1997).
include the place in which such wharf, dock, quay, stage, jetty, pier, erection or mooring has been made erected or fixed, the Board may remove, fill up or destroy such wharf, dock, quay, stage, jetty, pier, erection or mooring without making any compensation therefore.
RATES
Section 43. Scale of tolls and charges to be framed
The Board shall frame and may from time to time alter -
(a) a scale of tolls, dues, rates and charges for the landing and shipment of goods of the wharves, quays, stages, jetties and piers, and for the storing and keeping of any goods stored in any premises belonging to the Board and for the removal of goods and for the use of any mooring 1[:]
1[Provided that no goods shall be released on credit;]
(b) a scale of tolls for the use of the said wharves, quays, moorings, stages, jetties and piers, in case the Board permit the goods to be landed or shipped by others than their own servants; 1*
(c) A scale of charges for any services to be performed by the Board or their servants in respect of any vessel or goods, or for the use of any works or appliances to be provided by the Board 1[;and]
2* * * * * * *
(d) 1[A scale of charges and fees for vessels entering port limit or approaches for the purpose of anchoring or victuals.]
1Subs., added & omitted by Ord. No 31 of 2000, s.16, (w.e.f. 2.7.1997). 2The last two paras of s.43 rep. by the Karachi Port Trust (Amdt.) Act No, 1902 Act 2 of 1902), s.18.
[1] Section 43A. Scale of charges for use of dock, etc
The Board may also frame, and from time to time alter, a scale of charges to be levied.
(a) for the permission to use, and for the use of any dock in the possession of the Board and for the services which the Board renders to, and for gear, tackle, tools, instruments, utensils, staging or materials supplied by the Board for the purpose of any vessel using, or any person working in any such dock.
(b) Subject to the provisions of section 29 for the use of water-boats, barges and fire engines belonging to or maintained by the Board and for water supplied by the Board in accordance with the provisions of section 29; and
(c) For the towing of and rendering assistance of the nature referred to in clause
(10) of section 29 to vessels outside the limits of the port.
1 section 43A Ins. by Karachi Port Trust (Amdt.) Act No, 1902 Act 2 of 1902), s. 19.
[1] Section 43B. Scales framed under last two sections to be submitted to Government for sanction
Every scale framed and every alteration of a scale made by the Board under either of the last two sections proceeding shall be submitted to Government for sanction and when so sanctioned and published in the official Gazette shall have the force of law.]
Section 44. Tolls and charges may be remitted in special cases
The Board may in special cases with the previous sanction of the 2[Federal Government] remit the whole or any portion of tolls, due, rate or charge leviable 3[according to any scale for the time being in force] under the last preceding section.
4[Provided that the sanction of the Federal Government shall not be necessary if the remission in any one case does not exceed such maximum limit as may be notified by the Federal Government in the official Gazette]:
5[Provided further that the Board may direct that their powers under this section shall, in such circumstances and subject to such conditions, if any, as they may specify, be exercisable also by the Chairman or an officer specified by them.]
45. (Tolls on troops) Rep. by Bom. Act II of 1901.
Section 46. Board’s lien for tolls and charges
For the amount of all tolls, dues, rates and charges leviable under this Act in respect of any goods; the Board shall have a lien on such goods, and shall be entitled to seize and detain the same until such tolls, dues, rates and charges are fully paid 6[and for the amount of rent lawfully due on buildings, plinths, stcking areas and other premises, the property of the Board, and not paid after bills therefore have been duly preferred, the Board shall have a lien on all goods, therein or thereon, and shall be entitled to seize and detain the same].
1Subs.by Ord. No. 30 of 2001, s.7. 2See foot note 5 on page 16, supra.
3Ins. by the Karachi Port Trust (Amdt.) Act, 1902 Act No. 2 of 1902),s. 20.
4Proviso which was added by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s.20 and subsequently
amended by Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960),s 13 has been substituted by Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974), s.3, to be read above, 5Provisio which was added by Ord. No. 11 of 1960, s. 13, has been subs. by Act No. 45 of 1974, s.3, to be read above.
6Ins. by Karachi Port Trust (Amdt.) Act, 1914, s. 13.
Tolls, dues, rates and charges in respect of goods to be landed shall become payable immediately on the landing of the goods and in respect of goods to be removed from the premises of the Board or to be shipped for export, shall be payable before the goods are removed or shipped.
The lien for such tolls, dues, rates and charges shall have priority over all other liens and claims, except a lien for freight primage and general average, where such lien has been preserved in the manner hereinafter provided and a lien for money payable to 1[the 2[Federal Government] under any law for the time being in force.
Section 47. Owner’s lien for freight
If the master or owner of any vessel, at or before the time of landing from such vessel of any goods at any wharf, quay, stage, jetty or pier, gives to the Board notice in writing that such goods are to remain in subject to a lien for freight, primage or general average of an amount to be mentioned in such notice, such goods shall continue liable, after the landing thereof, to such lien.
Such goods shall be retained either in the warehouses and sheds of the Board, or, with the consent of the Chief Officer of Customs, in a public warehouse, at the risk and expenses of the owner of the said goods, until the lien is discharge as hereinafter mentioned.
Section 48. Discharge of ship owner’s lien for freight
Upon the production to any officer appointed by the Board in that behalf of a document purporting to be a receipt for, or a release from, the amount of such lien, executed by the person by or on whose behalf such notice has been given, the Board may permit such goods to be removed without regard to such lien:
Provided they shall have used reasonable care in respect to the authenticity of such document.
Section 49. Goods may be removed to warehouse
Whenever goods, which have been landed have, without any default on the part of the Board, been left for five clear days on or in any wharf or shed belonging to the Board, the Board may cause such goods to be removed either to any warehouse belonging to them, or, with the consent of the Chief Officer Customs, to a public warehouse; and the removal to and detention in any such warehouse shall be at the risk and expense of the owner of the said goods.
3[Whenever any goods are so removed, the Board, shall give notice of such removal to the consignee or other person concerned by notification in the official Gazette specifying therein the name of the ship which brought the goods, the date of her arrival, and the numbers, marks and descriptions of the goods so far as the same appear; and the consignee of such goods or other person to whom notice has been given as aforesaid, in addition to the expenses of the removal of the same, shall be liable, in case the goods are removed to any warehouse of the Board, to a charge for warehousing for the time during which the goods shall remain in the said warehouse.]
1Subs. by Federal Laws(Revision and Declaration) Act, 1951 (26 of 1951), s.5 and Fourth Sch., for “Her Majesty or the Secretary of State for India in Council”.
2See footnote 2 on page 3, supra. 3this original para of s.49 has successively been amended by the Karachi Port Trust (Amdt.) Act, 1902 (Bombay Act 2 of 1902), s.21, A.O. 1937 and the Karachi Port Trust (Second Amdt.) Act, 1950(42 of 1950), s.21, to be read as above. It the goods are removed to a public warehouse the said consignee shall be liable to the charges for warehousing goods in such public: warehouse and the said goods shall remain
subject to all liens to which they would have been liable if they had remained in the possession of the Board, and shall be subject to the power of sale, hereinafter given.
50. Recovery of toils and charge by sale of goods. If the toils, dues rates and charges payable to the Board under this Act in respect of any goods which have been landed 1[or if rents due under section 46] are not paid, or if the lien for freight, primage or general average, where such notices as aforesaid has been given, is not discharged, the Board may, and in the latter event, if required by or on behalf of the person claiming such lien for freight, primage or general average, shall at the expiration of 2[two months] from the time when the goods were placed in their custody, 3[or seized and detained for rents due] sell by public auction the said goods, or so much thereof as may be necessary to satisfy the amounts hereinafter directed to be paid out of the produce of such sale.
Before making such sale at least ten days’ notice of the same shall be given by publication thereof in the 4[official Gazette] and in two local newspapers.
If the addressed of the consigned of the goods or of his agent has been stated on the manifest of the cargo, or in any of the documents which have come into the hands of the Board, or is otherwise known, notice shall also be given to the consignee of the goods or to his agent by letter delivered at such address or sent by post; but the title of a bonafide purchaser of such goods shall not be invalidated by reason of the omission to send such notice, nor shall any such purchaser be bound to inquire whether such notice has been sent.
Provided that, if such goods are of so perishable a nature as, in the opinion of the officer appointed by the Board in that behalf to render early or immediate sale necessary or advisable, the Board may within such period being not less than twenty-four hours after the landing of the goods, as they think fit, sell by public auction the said goods or such portion of them as aforesaid, in which event such notice, if any, shall be given to the consignee of the goods or his agent as the urgency of the case admits of.
1Ins. by the Karachi Port Trust (Amdt.) Act, 1914 (Bombay Act No. 1 of 1914), s. 14.
2Subs. by the Karachi Port Trust (Amdt.) Act, 1950(23 of 1950), s.3, for “Four months”.
3Ins. by the Karachi Port Trust (Amdt.) Act, 1914(Bombay Act No.1 of 1914), s. 14.
4Subs. by A.O., 1937, for “Sind official Gazette”.
[1] Section 50A. 2[Removal of unclaimed goods
(1) When delivery of goods placed in the custody of the Board is not claimed by the owner before the expiration of such period as may
be prescribed by by-laws made under this Act, the Board shall cause a notice to be served upon the owner requiring him to remove the goods within such period as may be specified in the notice].
(2) Such notice shall be published and served in the manner prescribed in paragraph 2, 3 and 4 of section 50 but where the owner is not known or the notice cannot be served upon him or he does not comply with the notice, the Board may sell the goods by public auction after the expiration of 3[thirty days] from the date on which such goods were placed in the custody of the Board as may be prescribed by by-laws made under this Act.]
(3) The 4[Federal Government] may, by notification in the official Gazette, exempt any goods or class of goods from the operation of this section.]
Section 51. Application of sale proceeds
The proceeds of every such sale shall be applied as follows:-
(a) in payment of the expenses of the sale;
(b) In payment, according to their respective priorities, of the liens and claims accepted in section 46 from the priory of the lien of the Board;
1Section 50A ins. by Act No.23 of 1950, s.14.
2Subs. By the Karachi Port Trust (Amdt.) Act, 1974(45of 1974), s. 4. for sub-Section (1)
3Subs. By Ord. No. 31 of 2000 (w.e.f 2-7-97) s. 17.
4See foot note 2 on page 3, supra.
(c) In payment of the tolls, dues, rates and charges of landing, removing, storing or warehousing, the same and of all other charges due to the Board in respect thereof.
The surplus, if any, shall be paid to the1* * owner of the goods, or to his agent, on his applying for the same; Provided such application be made within one year from the sale, or reason be shown to the satisfaction of the Board why such application was not so made, and, in case such application shall not be so made nor reason shown, such surplus be held by the Board upon trust for the purposes of this Act.
Section 52. Power to distrain vessels for the non-payment of rates, etc
if the master of any vessel in respect of which any tolls, dues, rates, charges or penalties shall be payable under this Act, or any bye-laws made in pursuance hereof refuses or neglects to pay the same or any part thereof on demand, it shall, be lawful for the Board to distrain or arrest of their own authority such vessel, and the tackle, apparel or furniture belonging thereto, or any part thereof and detain the same until the amount so due shall be paid.
And, in case any part of the said rates or penalties, or of the costs of the distress or arrest or of the keeping of the same, shall remain unpaid for the space of fifteen days next after any such distress or arrest shall have been so made, the Board may cause the vessel, or other thing so distrained or arrested, to be sold, and with the proceeds of such sale may satisfy, such tolls, dues, rate, charges or penalties and costs of sale remaining unpaid, rendering the surplus, if any, to the master or such vessel on demand.
Section 53. Port-clearance not to be granted till rates, etc, paid
If the Board shall give to the officer of Government, whose duty is to grant the port-clearance of any vessel, a notice stating that an amount therein specified is due in respect of tolls, dues, rates, charges or penalties chargeable under the Act, or any by laws or orders made in pursuance thereof, against such vessel or the owner of master of such vessel, in respect thereof, such officer shall not grant such port-clearance until the amount so chargeable shall have been paid.
[2] Section 53A. Alternative remedy by suit
Notwithstanding anything contained in the eight sections last preceding and in Section 77, the Board may recover by suit any tolls, dues, rates, charges, damages, costs, or in case of sale the balance thereof, when the proceeds of sale are insufficient or any penalties or fines payable to or recoverable by the Board under this Act or under any by-laws made in pursuance thereof.]
Section 54. Surplus of port-dues be paid to Board
The surplus, if any, of the moneys credited under section 36 of the 3Indian Ports Act, 1889 to the account of the Port Fund of Karachi, after defraying there from all expenses legally chargeable to the said account, shall be paid to the Board.
1 The words “importer or” omitted by the Karachi Port Trust (Amdt.) Act, 1950 (42 of 1950), s. 22. 2 S. 53 A ins. By the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s. 22. 3 See now the Ports Act, 1908 (15 of 1908).
CONTROL OF PILOTS
Section 55. Trustees to be vested with the right and privilege of maintaining pilots
The Board shall have right and privilege of maintaining pilots for the navigation of vessels at the port and shall be bound to provide a sufficient number of pilots for that purpose, and all fees for pilotage shall be paid to the Board: Provided that no person shall be appointed to be a pilot by the Board who is not for the time being authorized by Government under the provisions of the 1* Ports Act, 1889 to pilot vessels.
The Board may also, from time to time, make such by-laws and regulations as they shall think fit –
(a) for fixing and regulating the wages and allowances for pilotage to be received by pits, and
(b) for regulating the behavior and conducts of pilots 2[whether maintained by the Board or not],
and shall enforce the observance of such by-laws and regulations by the imposition of pecuniary penalties not exceeding 1[twenty thousand] rupees for each offence, or by suspension; or deprivation of appointment, or otherwise as to them may appear expedient; Provide that such by-laws shall first have been approved by Government, and published in the manner directed by section 57– 3[:]
3[ Provide further that the Board may allow or authorize any other person or body of persons to exercise the right and privilege of maintaining pilots on the terms and conditions laid down by the Board.]
1 Omitted & subs. by Ord. 31 of 2000 (w.e.f 2-7-97) s. 18.
2 Ins. By Bom. Act No. 2 of 1902, s.23.
3 Subs. & added by Ord. No. 30 of 2001, s.8.
BYE-LAWS
Section 56. Trustees, empowered to make bye-laws
The Board may, from time to time, make bye-laws, consistent with this Act and with the 1[Indian Ports Act, 1889] –
(a) for regulating, declaring and defining the wharves, quay, stages, jetties and piers, on and from which goods shall be landed from and shipped in vessels within the port;
(b) for the safe and convenient use of such wharves, quay, stages, jetties, piers and of landing places, tramways, warehouse, sheds and other works in and adjoining the same;
(c) for regulating the reception and removal of goods within and from the premises of the Board, and for declaring the procedure to be followed in taking charge of goods, which may have been damaged before landing or may be alleged to be so damaged;
(d) for setting the mode of payment of tolls, charges dues and rates levied under this Act;
(e) for providing water for ships and for licensing and regulating water-boats within the port;
(f) for the removal of wrecks from the port and keeping clean the port, the foreshore and the works of the Board and for preventing filth or rubbish being thrown therein or thereon;
(g) for the guidance of persons employed by them under this Act, and generally for carrying out the purposes of this Act.
The Board may also from time to time alter or revoke any bye-laws so made by them.
1 See now the Ports Act, 1908 (15 of 1908).
Section 57. Approval and publication of by-laws
No bye-law, or alteration or revocation of a bye-law, shall have effect until the same shall have been approved by Government, and such approval shall have been published1*** in the 2[official Gazette] and no bye-law or alteration or revocation of a bye-law shall be approved by Government until a draft of the same and a notice specifying a date at or after which the draft will be submitted to Government shall have been published in the 2[official Gazette] and in such other manner as Government from time to time prescribed nor unless the said draft shall have been submitted for their approval 3***.
Cancelment by Government. – It shall be lawful for Government at any time by notification1*** in the 2[official Gazette] to cancel any bye-law or regulation made and published under the provisions of this and of the two last preceding sections.
Section 58. Penalties for infringement of bye-laws
The Board may, in the bye-laws made under section-56, prescribed such penalties as they shall deem fit for the infringement of the same: Provided that no penalty for any one infringement of a bye-law exceed 4[one hundred thousand] rupees, nor in case of a continuing infringement, shall any penalty exceed 4[fifty thousand] rupees per diem for every day after notice of such infringement shall have been given by the Board to the person guilty of such infringement.
Section 59. Bye-laws and scales of rate and charges to be exhibited
The Board shall cause the said bye-laws and every scale of tolls, dues, rates and charges leviable by the Board, to be printed in the English, 5[Urdu], Gujrati and Sindhi Languages, and to be kept hung up in some conspicuous place at each of the several wharves, quay, stages, jetties, piers, warehouses and sheds belonging to the Board.
1The words “in the Bombay Government Gazette and” occurring twice, omitted by Federal Laws (Revision and Declaration) Act, 1951(26 of 1951), s.5 and Fourth Sch.
2Subs. by A.O., 1937, for “Sind official Gazette”.
3The words “through the commissioner” omitted by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch.
4 Subs. by Ord. 31 of 2000(w.e.f 2-7-97) s. 19
5Subs. by the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s. 15.
1[VI. –– OF BORROWNIG POWERS
Section 59A. Power to borrow
The Board may, with the previous sanction of Government2*** and after due notification in the 3[official Gazette], raise money required for carrying out the purposes of this Act, provided that the dates within which any loan is to be raised under this Act shall not be published or otherwise notified without the previous sanction of the 4[Federal Government].
Section 59B. Mode of raising money
(1) All loans raised under this Act shall be raised on the security of –
(a) the property now vested, or which may hereafter become vested in the Board, and
(b) the tolls, dues, rates, rents and charges leviable under this Act, less any sums set apart by the Board as a sinking fund for the purpose of paying off loans.
5[(2) Borrowing powers. – The 6[Federal Government] 7***may,8*** from time to time, advance money to the Board for the general purposes of this Act; or
The Board may after notification in the 3[official Gazette], raise money for the said purposes or for the purpose of repaying, either in whole or in part, any moneys heretofore or hereafter borrowed or owing by the Board;
Provided that –
(i) No loan shall be raised without the previous sanction of Government 9***.
10* * * * * * *
(iii) No expenditure shall be charged by the Board to capital except with the express sanction of Government.]
1This heading and sections 59A to 59I were ins. by the Karachi Port Trust (Amdt.) Act, 1902 (Bombay Act 2 of 1902), s. 2. 2The words “and of the Governor-General-in-Council” omitted by the Sind Laws Regulation, 1936 (6 of 1936) , s.4 and Third Sch.
3Subs. by A.O., 1937, for “Gazette of India”.
4See foot note 5 on page 16, supra. 5Subs.by the Karachi Port Trust (Amdt.) Act, 1914 (Bombay Act of 1914), s. 15, for the existing sub-section (2)
6Subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45of 1974), s.2, for “Central Government” which had been subs.
by Federal Laws (Revision and Declaration) Act. 1951(26 of 1951), s.5 and Fourth Sch. for “Governor-in-Council”. 7The words “acting on behalf of the Secretary of State for India in Council” omitted by A.O., 1937. 8The words “with the previous consent of the Governor-General of India-in-Council” omitted by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch. 9The remaining portion of cl.(i) omitted by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch. 10Cl.(ii) omitted ibid.
Section 59C. Form and transferability of debentures
(1) All debentures issued under this Act shall be in such form as the Board, with the previous consent of the 1[Federal Government], shall from time to time determine.
(2) The holder of any debenture in any form duly authorized under this section may obtain in exchange therefore, upon such, terms as the Board shall from time to time determine, a debenture in any other form so authorized.
(3) Every debenture issued by the Board shall be transferable in such manner as shall be therein expressed.
(4) Right to sue on debentures. – The right to sue, in respect of moneys secured by such debentures shall be exercisable by the holders thereof for the time being, without any preference by reason of some such debentures being prior in date to others.
(5) Like remedies in respect of loans from Government. – The 2[Federal Government] shall have, in respect of all loans made by 3[it] to the Board, the same remedies as debenture-holders, but 4[it] shall not be deemed to possess any prior or greater rights in respect of such loans than debenture-holders.
Section 59D. Loans to be first charge on property and income of Board
All loans repayable by the Board, whether contracted prior to or after the commencement of this section, shall, subject to the provisions of section 61, be a first charge on the income of the Board and on the property now vested, or which may hereafter become vested, in the Board.
1See foot note 5 on page 16. Supra. 2The original word “Crown” as amended by A.O., 1937 and the repealing and Amending Ordinance, 1965(10 of
1965) s.3 and 2nd Sch, has been subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45of 1974), s.2, to read as
above.
3Subs. by A.O., 1937, for “him”.
4Subs. ibid., for “he”
Section 59E. Loans to be raised in Pakistan and in Pakistan currency
All loans contracted by the Board shall be raised in 1[Pakistan, and in Pakistan currency], unless Government 2*** by notification otherwise direct.
59.F Establishment of sinking fund. –3[ (1) in respect of every loan raised by the Board after the commencement of this section for a term exceeding one year (except a loan taken from the Federal or Provincial Government, the Board shall provide a sinking fund. Payment shall be made 4[annually] to such sinking fund; and such payments shall be of such amount as will be sufficient to liquidate the loan within 4[the period of loan] from the date of the contracting of the same as the Federal Government may in each case direct].
(2) Application and investment of sinking fund. The Board may apply the whole or any part of the sums accumulated in the sinking fund in or towards the discharge of the money for the payment of which the fund has been established, provided that they pay into the fund in each year and accumulated until the whole of the moneys borrowed are discharged; a sum equivalent to the interest which would have been produced by the sinking fund, or the part of the sinking fund so applied.
The sums so set apart a sinking fund shall be invested in public securities as defined by section 69 of this Act, or in such other securities as Government may approve in this behalf, and shall be held in trust for the purposes of this Act by the Board.
Section 59G. Annual examination of sinking fund
The sinking fund established for the liquidation of any loan shall be subject to annual examination by the 5[Accountant General Pakistan Revenues] who shall ascertain whether the cash and the value of the securities at the credit of the fund are actually equal to the amount which would have been accumulated, had investments been regularly made, and had the rate of interest as originally estimated been obtained thereon.
The Board shall pay forthwith into the sinking fund any amount which the Accountant General may certify to be deficient, unless the 6[Federal Government] specially sanctions a gradual readjustment.
1Subs. by Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.5 and Fourth Sch. for “India, and in Indian Currency”.
2The words “with the previous sanction of the Governor-General-in-Council” omitted by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch. 3The existing sub-section (1) has successively been amended by A.O., 1937 and the Repealing and Amending Ordinance, 1965(10 of 1965) s.3 and 2nd Sch., the Karachi Port Trust (Amdt.) Act, 1974(45of 1974), s.2. and F.A.O., 1975 Art.2 and table to read as above.
4Subs. By Ord. No. 31 of 2000 (w.e.f 2-7-97) s. 20.
5Subs. by Federal Laws (Revision and Declaration) Act 1951(26 of 1951), s.5 and Fourth Sch, for “Accountant General, Bombay.” 6See foot note 5 on page 16, supra.
Section 59H. Powers to repay loans from Government before due date
The Board may apply any sums, which can be so applied without prejudicing the security of other debenture- holders of the Board, in repaying to the 1[Federal Government] any sum which may remain due to 2[it] in respect of the principal of any loan, although the time fixed for the repayment of the same may not have arrived:
Provided that no such repayment shall be made or any sum less than ten thousand rupees, and that if such repayment is made the amount of interest in each succeeding installment shall be adjusted so as to represent exactly the interest due on the outstanding principal.
Section 59I. Saving of power to borrow under Act III of 1904
Nothing contained in this Act shall prevent the Board from raising, with the sanction of the 3[Federal Government], loans under the 4[Local Authorities Loan Act, 1904.]
1The original word “Secretary of State for India in Council” has successively been amended by A.O., 1937 Ord. 10 of 1965, s. 3 and 2nd Sch. And Act. 45 of 1974, s. 2, to read as above.
2Subs. by A.O., 1937 for “him” 3See foot note 5 on page 16 supra 4See now the Local Authorities Loans Act, 1914 (9 of 1914).
1[VII]. – OF REVENUE AND EXPENDITURE
MANAGEMENT OF FUNDS
Section 60. Moneys where to be deposited
2[(1)] 3[All moneys at the credit of the Board which cannot immediately be applied in the manner or to the purposes specified in this Act shall be deposited in such bank or banks and subject to such conditions as may from time to time be prescribed by Government: provide that nothing in this section shall be deemed to prohibit an investment in public securities as defined in section 69; and the said securities shall be held in trust for the purposes of this Act by the Board.]
(2) 4[No drawls from the bank, or disbursement of such moneys or part thereof, shall be made except upon a cheque signed –
(a) jointly by the Deputy Chief Accounts Officer and Assistant Accounts Office, if the amount does not exceed fifty thousand rupees;
(b) jointly by the Chief Accounts Officer and Deputy. Chief Accounts Officer, if the amount does not exceed two hundred thousand rupees;
(c) jointly by the General Manager (Finance) and the Chairman or, in his absence by the Vice-Chairman, if the amount exceeds five hundred thousand rupees, in cash, cheques for sums not in excess of five 7[thousands] rupees each, signed as aforesaid being drawn from time to time in favor of such officer to cover such payments.
6[(2A) Notwithstanding anything contained in sub-section (1) and (2), the Chairman shall be empowered to sanction expenditure not exceeding one million rupees.]
5[(3)] In every department 6*** sums not exceeding 4[two thousand] rupees each may be paid by such officer as the Board appoints for this purpose, in cash, cheques for sums not in excess of five 7[thousand] rupees each, signed as aforesaid, being drawn from time to time in favor of such officer to cover such payment.
1 Chapter VI re-numbered as Chapter VII by the Karachi Port Trust (Amdt.) Act, 1909 (Bombay Act 2 of 1909), s.5. 2 The first paragraph re-numbered as sub-section (1) of that section by the Karachi Port Trust (Amdt.) Ordinances, 1960(11 of 1960), s.16.
3 Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bombay Act 1 of 1914), s. 16 for the original para.
4 Subs. by Ord. No. 31 of 2000 (w.e.f, 2-7-97) s. 21.
4 The last para. As amended by Bom. Act 1 of 1914, s. 16, has been re-numbered as sub-section (3) of that section by order. No. 11 of 1960, s. 16. 6 The words” other than that of the Chief Engineer” omitted by ord. No. 11 of 1960, s. 16.
7 Subs. by the Karachi Port Trust (Amdt.) Act, 1914(Bombay Act of 1914), s. 16, for “hundred”.
[1] Section 61. Moneys on what purposes to be expended
The moneys belonging to the Board shall be held by them in trust and, except as is hereinafter provided, shall be applied by them in payment of the following charges: –
(1) the salaries, fees, allowances, pensions, gratuities, compassionate allowances or other moneys due to the trustees and to the officers and servants appointed under this Act or lent to the Board 2[the Government of a Province or the 3[Federal Government]] and to officers and servants of the Board injured, or to the surviving relatives of such officers and servants killed, in the execution of their duty, and the contributions, if any, payable 2[the lending Government], on account of the pension and leave allowances of any officer lent to the Board by 2[that Government], and the contributions, if any, duly authorized to be made to any provident or annuity fund established by the officers and servants appointed under this Act;
(2) the interest and installments of capital due in respect of any loan that may have been raised by the Board or for the repayment of which it is liable;
(3) any charges for which the Board may be liable under section 79 or section 80;
1Subs. by the Karachi Port Trust (Amdt.) Act, 1909 (Bombay Act 2 of 1909), s.3 for the original s.61
2Subs. by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch. for “Government”
3Subs. By the Karachi Port Trust (Amdt.) Act, 1974 (45of 1974), s. 2, for “Central Government” which had been
subs. by A.O., 1937, for “Government of India”.
(4) 1[Such sums as the 2[Federal Government] 3***may from time to time agree upon as a reasonable contribution] on account of expenses in connection with the harbour-police and police employed in guarding the docks, warehouses and other property of the Board, and on account of medical services supplied in the port, in lieu of or in addition to any expenditure which Government may direct to be made from the funds or hospital port-dues, the control or application of which is by section-36 and 50 of the 4Indian Ports Act, 1889, vested in Government;
(5) the costs of repairs and maintenance of the property vested in the Board, and all charges upon the same and all working expenses;
(6) the cost, or such portion of the cost, of any new work plant vessel or appliances which the Board may determine to charge to revenue;
(7) any other charges which may be especially sanctioned (if the amount does not exceed 5[twenty-five thousand rupees] by the Board, and in other cases) by the 2[Federal Government] on the application of the Board, or for which the Board may be legally liable 6[:]
7[Provided that the total amount so sanction by the Board shall not in a year exceed 5[one hundred thousand] rupees.]
1Subs. by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch., for “such sums as Government may from time to time require the board to contribute”.
2See foot note 5 on page 16, supra. 3The words “and the Provincial Government” by the Karachi Port Trust (Second Amdt.) Act, 1950(42 of 1950), s. 24 which had been Subs. By A.O., 1937, for “Local Government”. 4See now the Indian Ports Act, 1908(15 of 1908).
5Subs. by Ord. No. 31 of 2000, (w.e.f 2-7-97) s. 22.
6Subs. By Ord. 11 of 1960, s.17, for the full-stop.
7Proviso added, ibid.
ANNUAL ESTIMATES
Section 62. 1[Chairman to submit annual estimate of income and expenditure to Board
The Chairman shall, at a special meeting to be held not later than sixty days preceding the commencement of the then next ensuing financial year, lay before the Board an estimate of the income and expenditure for such financial year, in such manner and form and giving such detail as the 2[Federal Government] may, from time to time direct].
Such estimate shall be completed and printed, and a copy thereof sent by post, or otherwise, to each trustee, at least ten clear days prior to the meeting before which the estimate is to be laid.
Section 63. Board to revise and sanction the estimate
The Board shall consider the estimate so submitted to them and shall, sanction the same either unuttered or subject to such alterations as they shall think fit.
Section 64. Estimate to be submitted to Government
The estimate as sanctioned by the Board, shall be submitted,3*** to the Government, which may, if it thinks fit, at any time within 4[forty-five days] after receipt of the same, disallow such estimate, or any portion thereof, and return the same for amendment. The Board shall, if the estimate if so returned by Government, forthwith proceed to amend the same, and shall re-submit the estimate so amended,3 * * * to the Government.
Section 65. List of works to accompany estimates
Together with the said estimate, the Board shall submit, 3*** to the Government, a list of the works which the Board propose to execute during the year to which the estimate relates, showing the order in which the said works are to be executed and the date within which each of them will probably be completed or, in the case of any work which will not be completed within the year, the progress intended to be made therewith during the said year.
1Subs. By Ord. 11 of 1960, s.18, for the first para.
2See foot note 2 on page 3 supra. 3The words “through the Commissioner” omitted by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch.
4Subs. By Ord. 11 of 1960, s.19, for “one month”.
Section 66. Supplementary estimates may be made when necessary
The Board may, at any time during the year for which any such estimate has been sanctioned, cause a supplementary estimate to be prepared and submitted to them. Every such supplementary estimate shall be considered and sanctioned by the Board, and submitted to the Government in the same manner as if it were an original annual estimate.
[1] Section 66A. Re-appropriation of sanctioned sum of money
Subject to any directions given in this behalf by the 2[Federal Government] any sum of money or part thereof, which has not been spent for any purpose authorized in the estimate sanctioned under the foregoing provisions, may be re-appropriated by the Board to meet any excess expenditure for any other purpose authorized in such estimate].
67. Circumstances under which any sum exceeding Rs.3[2,50,000] not included in an estimate may be expended.
4** * * * * *
5[If any sum exceeding 3[two hundred fifty thousand] rupees in amount, not being included in any estimate at the time being in force which has been finally approved by Government is] expended on a pressing emergency, the circumstances shall be forthwith reported by the Chairman 6*** to Government, together with an explanation of the way in which it is proposed by the Board to cover such extra expenditure.
AUDIT OF ACCOUNTS
Section 68. Accounts to be audited and examined
The accounts of the receipts and expenditure of the Board shall, twice in every year, be laid before Government and shall be audited and examined in such manner and by such auditor or auditors as shall, from time to time, be appointed by Government.
Auditors to have power to call for books, etc – For the purpose of such audit and examination, the auditors may by summons in writing, require the production before them of all books, deeds, contracts, vouchers and all other documents and papers which they may deem necessary, and may require any person holding or accountable for any such books, deeds, contracts, accounts, vouchers, documents or papers, to appear before them at any such
1Ins.by the Karachi Port Trust (Amdt.) Ordinance, 1960(11 of 1960), s.20. 2See foot note 2 on page 3 supra 4First para of s.67 has been rep.by the Karachi Port Trust (Amdt.) Act, 1902 (Bombay Act 2 of 1902), s.25.
5Subs. ibid., for “If any sum exceeding three thousand rupees in amount is so”.
3Subs. by Ord. 31 of 2000 (w.e.f, 2-7-97) s. 23.
6The words “through the Commissioner” omitted by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch.
audit and examination or adjournment thereof and to make and sign a declaration with respect to the same.
Their remuneration to be fixed by Government. Their report to be published. The auditors shall be paid by the Board such remuneration as Government shall determine; and, within fourteen days after the audit and examination of the accounts for any half-year shall have been completed, the auditors shall forward a report upon the accounts for such half-year to the Board, who shall cause the same to be published, together with an abstract of the accounts,1*** in the 2[official Gazette].
DISPOSAL OF BALANCES
Section 69. Balances may be invested by the Board in public securities
The Board may invest any balance 3*** in public securities and may from time to time sell the said securities, and either reinvest the proceeds in other such securities or credit the same to the general funds of the Board.
Amounts which may be so invested to be limited by Government – But the money so invested by the Board shall not exceed such amount annually, or in the aggregate, as shall from time to time be prescribed by Government.
4[In this section the words “public securities” mean:
(a) promissory notes, debentures, stock or other securities of the Provincial or the 5[Federal Government], and
(b) debentures or other securities for money issued by, or on behalf of: –
(i) any Municipal body or any Port Trust under the authority of any Act of a Legislature established in Pakistan or the Karachi Harbor Board or by the Board;
(ii) the Karachi Development Authority, under the authority of the Karachi Development Authority Order, 1957, (P.O.5 of 1957).
The securities shall be endorsed by the Chairman and two trustees.
1The words “in the Bombay Government Gazette and” omitted by Federal Laws (Revision and Declaration) Act 1951(26 of 1951), s.5 and Fourth Sch.
2Subs. by A.O., 1937 for “Sind Official Gazette”.
3The words “remaining on the thirty first day of March each year” were omitted By the Karachi Port Trust (Second Amdt.) Act, 1950(42 of 1950), s.25. 4The third para of s 69 has successively been amended By the Karachi Port Trust (Amdt.) Act, 1902(Bombay Act 2 of 1902), s. 26,. A.O., 1937, Act 42, of 1950 s.25 and the Repealing and Amending Ordinance, 1965(10 of 1965) s.3 and 2nd Sch. to be read as above. 5See foot note 2 on page 3 supra.
[1] Section 69A. Investment of balances in debentures issued by the Board
(1) In respect of any balance which the Board are empowered to invest in public securities under the last preceding section, it shall be lawful for the Board to reserve and set apart for the purposes of any such investment any debentures to be issued on account of any loan for which the sanction of the 2[Federal Government] shall have been obtained, provided that the intention to so reserve and set apart such debentures shall have been notified as a condition of the issue of the loan.
(2) The issue of any such debentures direct to and in the name of “The Trustees of the Port of Karachi” shall not operate to extinguish or cancel such debentures, but every debenture so issued shall be valid in all respects as if issued to and in the name of any other person.
Section 69B. Purchase, etc. by the Board of debentures issued by the Board not to operate to extinguish such debentures
The purchase by or the transfer, assignment or endorsement to the Board of any debenture issued by the Board shall not operate to extinguish or cancel any such debenture, but the same shall be valid and negotiable in the same manner and to the same extent as if held by or transferred, assigned or endorsed to any other person.
Section 69C. Validation of debentures heretofore issued etc. in the name of the Board
All the several debentures of the Board heretofore issued, transferred, assigned or endorsed in the name of the Board, as specified in Schedule E, and all debentures heretofore issued by way of renewal, consolidation or sub-division of any of the said debentures shall be deemed to be and to have always been valid and negotiable in all respects and in the same manner as if the same had been issued against moneys borrowed from the 3[Federal Government] or any other source.]
[4] Section 69D. Power of the Board to lend money from surplus funds
The Board may lend money only from surplus funds to any Government agency, corporation, authority, organization or its own subsidiary or to any consortium, provided that such lending is secured and is in the interest of the Trust.]
5[VIII].- PENALTIES
Section 70. Penalty for being interested in contracts with Board
Any person who being a trustee, or an officer or servant of the Board, shall acquire, directly or indirectly any share or interest in any contract or employment with, by or on behalf of, the Board, shall be deemed to have committed the offence made punishable by section 168 of the 6[Pakistan Penal Code]:
1Ss 69A, 69B and 69C ins. by Bom. Act 2 of 1902, s. 27.
2Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2, for “Central Government” which had been subs. by the Repealing and Amending Ordinance, 1965 (10 of 1965) s. 3 and 2nd Sch., for “Governor in Council”.
3Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2 for “Central Government” which had been
subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 5 and Fourth Sch., for “Secretary of State or any other person”.
4Ins. by Ord. No. 30 of 2001, s. 9.
5The original chapter VII re-numbered as chapter VIII by the Karachi Port Trust (Amendment) Act, 1909 (Bom. Act 2 of 1909), s. 5.
6Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (Act 26 of 1951), s. 5 and Fourth Sch., for “Indian Penal Code”.
1[Provided that nothing in this section shall apply to any person by reason only of his having any such share or interest as is described in clauses (a) to (f) of sub-section (2) of section 15.].
Section 71. Penalty for obtaining illegal gratification
Any person employed under this Act, not being a public servant within the meaning of section 21 of the 2[Pakistan Penal Code (XLV of 1860)] who shall accept or obtain or agree to accept or attempt to obtain from any person, for himself or for any other person any gratification whatever other than legal remuneration, as a reward for doing or for bearing to do, any official act or for showing or forbearing to show in the exercise of his official functions, favour or disfavour to any person, or for rendering, or attempting to render any service or disservice to any person with the Board or with any public servant as such, or with the Government shall be liable to the same punishment as is provided by the 2[Pakistan Penal Code (XLV of 1860)] in the case of the like offence committed by a public servant.
Section 72. Penalty for infringement of section 33, 34, 36 or 41
Whoever infringes any order issued under section 33 or 34 or any condition prescribed under section 36 or 41 shall be punished with fine which may extend to 3[two hundred thousand] rupees, and, if the infringement be continuing, with a further fine which may extend to 3[twenty thousand] rupees for every day such order or condition is infringed.
Section 73. Penalty for refusing or neglecting to appear before an auditor of accounts, etc
Any person who shall refuse or neglect to appear before any auditor of accounts, or to produce any books, deeds, contracts, accounts, vouchers, documents or papers, or to make or sign any declaration when duly required so to do by any auditor of accounts under section 68, shall be punished for, every such neglect or refusal with fine which may extend to 4[one thousand] rupees.
Section 74. Penalty for understanding quantity or weight of goods etc
If it be found, when goods are imported at, or exported from any wharf, quay, stage, jetty or pier in the possession of the Board, that the 5[description,] weight or quantity of such goods, or the tonnage of any vessel carrying such goods, has been 6[****] 5[misstated or] understated in any document presented to any officer of the Board for the purpose of enabling him to determine the tolls, dues, rates or charges payable in respect of the said goods or vessel, the consignee, in the case of goods imported, and the consignor, in the case of goods exported, shall be liable to pay to the Board such sum not exceeding twice the proper tolls, dues, rates or charges on the 5[description,] weight or quantity of goods or amount of tonnage so 5[misstated or] understated as may be determined by the Board; and the said sum shall, on the application of the Board, be recoverable under the warrant of a Magistrate as if it were a fine inflicted by such Magistrate.
1Subs. by the Karachi Port Trust (Amendment) Act, 1902 (Bombay Act 2 of 1902), s. 28, for the existing proviso.
2Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (Act 26 of 1951), s. 5 and Fourth Sch., for “Indian Penal Code”.
3Subs. by Ord. No. 31 of 2000 (w.e.f. 02-07-1997), s. 24.
4Subs. by the Karachi Port Trust (Amendment) Ordinance, 1960 (2 of 1960), Ss. 22 and 23, for “one hundred”.
5Ins. by the Karachi Port Trust (Amendment) Act, 1902 (Bombay Act 2 of 1902), s. 29.
6The words “in the opinion of the Board, intentionally” omitted by the Karachi Port Trust (Amendment) Act, 1909 (Bombay Act 2 of 1909), s. 4.
Section 75. Penalty for evading rates etc
Any person who removes or attempts to remove, or abets within the meaning of the 1[Pakistan Penal Code (XLV of 1860)], the removal of any goods, vessel, animal or vehicles with the intention of evading payment of the tolls, dues, rates or charges lawfully payable in respect thereof to the Board shall be punished with fine which may extend to 2[two hundred thousand] rupees.
Section 76. Compensation for damage to property of Board
In case any damage or mischief is done to any wharf, dock, quay, jetty, stage, pier or work constructed or acquired by the Board under this Act by any vessel; through the negligence of the master thereof or of any of the marines or person employed therein not being in the service of the Board, any Magistrate of the first class having jurisdiction at Karachi may, on the application of the Board and on declaration by them that payment for such damage or mischief has been refused or has not been made on demand, issue a summon to the master or owner of such vessel, requiring him to attend on a day and at an hour named in the summons to answer touching such damage or mischief.
If, at the time appointed in the summons and whether the person summoned appears or not, it is proved that the alleged damage was done through such negligence as aforesaid, and that the pecuniary amount of the same does not exceed 3[two thousand] rupees, the Magistrate may issue his warrant of distress, under which a sufficient portion of the boats, masts, spars, ropes, cables, anchors or stores of the vessel may be seized and sold to cover the expenses of and attending the execution of the distress, and the pecuniary amount of damage as aforesaid, and such amount shall be paid to the Board out of the proceeds of the distress:
Provided that, if, at the time of the damage or mischief, the vessel was under the orders of a duly authorized officer belonging to the pilot service 4[maintained by the Board under section 55] or to the Harbour Master’s or Port Officer’s department, 4[and if such damage or mischief is in any way attributable to the order, act or improper omission of such officer,] the case shall not be cognizable by the Magistrate under this section.
Section 77. Cognizance of offences against Act
Except as is otherwise provided in sections 74 and 76, all offences against this Act or against any bye-law made under section 56 shall be cognizable by a Magistrate.
All 5** damages recovered from any offender or by any distress under section 76 shall be paid to the Board.
1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (Act 26 of 1951), s. 5 and Fourth Sch., for “Indian Penal Code”.
2Subs. by Ord. No. 31 of 2000 (w.e.f. 02-07-1997), s. 25.
3Subs. by the Karachi Port Trust (Amendment) Ordinance, 1960 (11 of 1960), s. 25 for “two hundred”.
4Ins. by the Karachi Port Trust (Amendment) Act, 1902 (Bombay Act 2 of 1902), Ss. 29 and 30.
5The words “fines and” omitted by A.O., 1937.
[1] Section 77A. Power of detention and search of suspected persons, etc
Notwithstanding anything contained in any law for the time being in force 2[the Board may appoint such person as it deems fit to] detain and search any person (or vehicle) employed in or found in, or in the vicinity of, any workshop, store, depot or other place for the deposit or handling of any property entrusted or belonging to the Board, who is reasonably suspected of (or as to which there is reasonable suspicion that it is being used in) removing such property without authority.]
Section 78. Prosecutions
Prosecution under this Act may be instituted by the 3[Chairman] or by any person authorized by 3[him] in this behalf, and not otherwise.
4[IX]. – CONTROL
Section 79. Government may order survey
Government may at any time order a survey and examination of any work of the Board under this Act, or of the site thereof, and the cost of such survey or examination shall be borne and paid by the Board.
[1] Section 79A. Power of the Federal Government to cancel, suspend or modify acts or proceedings of the Board
All acts and proceedings of the Board shall be subject to the control of the 5[Federal Government] and the 5[Federal Government] may cancel, suspend or modify any such acts or proceedings.]
[2] Section 79B. Application of Civil Servants Act, 1973 (LXXI of 1973), etc
Notwithstanding anything hereinbefore contained or any law for the time being in force or in the terms and conditions of service, where in any case or matter not specifically provided in this Act, the provisions of the Civil Servants Act, 1973 (LXXI of 1973), or the rules made thereunder shall, as far as may be, apply to the officers of the Port.].
Section 80. Government may carry out neglected works
If the Board allow any work acquired or constructed by them under this Act to fall into disrepair, or do not complete any work commenced by them or duly estimated for and sanctioned and do not, after notice given by Government in writing, proceed effectually to repair or complete such work to the satisfaction of Government, Government may cause such work to be restored, completed or constructed, and the cost thereof shall be borne and paid by the Board.
1Ss. 77A and 79A ins. by the Karachi Port Trust (Amendment) Ordinance, 1960 (11 of 1960), ss. 27-28.
2Subs. and ins. by Ord. No. 31 of 2000 (w.e.f. 02-07-1997), ss. 25-27.
3Subs. by the Karachi Port Trust (Amendment) Ordinance, 1960 (11 of 1960), s. 26 for “Board” and “them”.
4The original chapter VIII re-numbered as chapter IX by the Karachi Port Trust (Amendment) Act, 1909 (Bom. Act 2 of 1909), s. 5.
5Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2, for “Central Government”.
Section 81. In default, Government may require Board to increase the rates
If it shall at any time appear to Government that sufficient provision is not being made by the Board to meet their liabilities, Government may require the Board, by an order in writing to increase, subject to its sanction and to the provision of section 43 to such extent and for such period as shall appear necessary, the tolls, dues, rates and charges or any of them for the time being in force under the said section.
And on Board’s failing to do so, may itself increase them. – If within fifteen days after receipt of such order, the Board do not comply with the same, Government may, by notification in the 1*** official Gazette, increase the said tolls, dues, rates, charges, or any of them, and such notification shall have the same force as if a new scale to the same effect had been duly framed, sanctioned and published under section 43.
[2] Section 82. Government may revoke powers of Board
(1) If at any time the 3[Federal Government] is satisfied.
(a) that the purposes intended to be accomplished under this Act, have not been, and are not likely to be accomplished by the Board; or
(b) that it is desirable to withdraw or revoke the powers of the Board by this Act conferred, in order to ensure the maintenance, improvement, development or better administration of the Port,
it may, by an order published in the official Gazette, declare such powers to be withdrawn or revoked, for such period as may be specified in the order, and thereupon such powers shall be withdrawn and revoked accordingly, and all the powers, rights and authorities and all the property vested by this Act in the Board shall vest in the 3[Federal Government]:
Provided that in the case of (a), no powers shall be withdrawn unless notice of six months has been given to the Board and the Board fail to take measures to the satisfaction of Government within the period of notice for properly accomplishing the purposes intended to be accomplished.
(2) When the powers are withdrawn and revoked by an order under sub-section (1), all members of the Board shall, on such date as may be specified in the order, vacate their offices as such members but without prejudice to their eligibility for nomination under sections 7 and 8 or their appointment under the following sub-section.
1The words “Bombay Government Gazette and in the Sind” were omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 5 and Fourth Sch. 2S.82 which was amended by the Sind Laws Regulation, 1936 (6 of 1936), s. 4 and Third Sch., has been subs. by the Karachi Port Trust (Amendment) Act, 1948 (8 of 1948), s. 2.
3Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2, for “Central Government”.
(3) The 1[Federal Government] may, by notification in the official Gazette, appoint any person, persons or authority to exercise on its behalf any or all of the powers vested in it under sub-section (1).
(4) On or before the expiry of the period specified in the order issued under sub-section (1), the 1[Federal Government] may, by an order published in the official Gazette−
(a) extend, from time to time, the period so specified, or
(b) restore to the Board the powers withdrawn and revoked and thereupon the Board shall be reconstituted in accordance with the provisions of Chapter-II of this Act.]
2[X]. – MISCELLANEOUS
Section 83. Saving of previous port regulations
All acts done and proceedings taken by the Karachi Harbour Board before this Act comes into force, and all orders, rules and regulations relating to the port and to wharves, quays, stages, jetties, piers and landing-places within the port made and issued before this Act comes into force, shall, whenever such acts, proceedings, orders, rules and regulations would have been lawful if this Act had been in force, be deemed to have been respectively done, taken, made and issued under the provision of this Act.
Section 84. Recovery of dues as fines under Code of Criminal Procedure
All fees and sums due on account of property for the time being vested in the Board, and all arrears of tolls, charges, rates and dues imposed under this Act, may be recovered, in addition to the other modes hereinbefore provided, upon a summary proceedings before a magistrate in the manner provided in the Code of Criminal Procedure, 1898, for the recovery of fines.
[3] Section 84A. Declaration of trustees, officers and servants of the Board as public servants
All trustees, and all officers and servants of the Board other than artisans, porters and labourers, shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code].
Section 85. Trustees not personally liable
No trustee shall be personally liable for any contract made or expense incurred by or on behalf of the Board; but the funds from time to time in the hands of the Board shall be liable for and chargeable with all contracts made in manner provided in this Act.
1Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2, for “Central Government”.
2The original chapter IX re-numbered as chapter X by the Karachi Port Trust (Amendment) Act, 1909 (Bom. Act 2 of 1909), s. 5.
3S. 84A ins. by the Karachi Port Trust (Second Amendment) Act, 1950 (42 of 1950), s. 26.
Section 86. Trustees liable for breach of trust
Every trustee shall be liable for any misapplication of money entrusted to the Board to which he has been a party, or which happens through; or is facilitated, by the neglect of his duty.
Section 87. Limitation of suits, etc
No suit shall be commenced against any person for anything done or purporting to have been done; in pursuance of this Act, without giving to such person one month’s previous notice in writing of the intended suit and of the cause thereof, nor after six months from the accrual of the cause of such suit.
And, in the case of a suit for damages, if tender of sufficient amends shall have been made before the suit was brought, the plaintiff shall not recover more than the amount so tendered and shall pay all costs incurred by the defendant after such tender.
Section 88. Board, not responsible for certain acts of their officers and servants
The Board shall not be responsible for any misfeasance, malfeasance or non-feasance of any officer or servant appointed under this Act.
NOR, if they should be appointed by Government under the 1[Ports Act, 1908 (XV of 1908)], Conservators of the port, for any misfeasance, malfeasance or non-feasance of any Deputy Conservator, Port Officer or Harbour Master, or of any assistant or deputy of any such officer or of any person acting under the authority or direction of or in subordination to any such officer, assistant or deputy;
NOR, for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to the Board which may be used by such vessel:
Provided that nothing in this section shall protect the Board from a suit in respect of damage to, or loss of goods landed or shipped by them or retained in their custody.
[1] Section 89. Responsibilities of Master etc
The Master, agent and owner of a vessel shall, severally and jointly, be responsible for -
(a) any damage caused to the property and servants of the Port, whether within Port’s limit or in the approaches, by their vessel or servants and such vessel shall be detained till such time the costs of the damage as determined by the Board are paid;
(b) any misdeclaration of particulars of a vessel and for disobeying the parameters specified for handling of vessels in Karachi Harbour and shall be liable to a penalty not exceeding five hundred thousand rupees to be imposed by the Chairman or Deputy Conservator; and
1Subs. and added by Ord. No. 31 of 2000 (w.e.f. 02-07-1997), ss. 28-29.
(c) the sinking or grounding of any vessel or causing damage to any other vessel in the Port limits or approaches and for removal of the vessel at their own risk and cost failing which the Board may salvage or remove such vessel out of the Port’s limit and the cost of such removal shall be recoverable from the sale proceeds of such vessels.
Section 90. Port to be pollution free etc
(1) The Board shall be responsible for maintaining the marine environments of the Port’s limit free from pollution of the sea.
(2) No discharge of solid and liquid wastes, oily noxious, radioactive and hazardous substance, bilge discharges from tankers and vessels, residues and mixtures containing noxious solid and liquid wastes, deballasting of unwashed cargo tanks and line washing garbage or other substance as may be specified by the Board shall be made within the Port limits.
(3) Any person contravening the provisions of sub-section (2) shall be liable to penalty not exceeding ten million rupees for each contravention in addition to the charges for cleaning of the Port and removal of pollution therefrom.
Section 91. Validation
Notwithstanding any order, decision of any court anything done, actions taken, orders passed, notifications or instructions issued, orders of appointments made, procedure adopted, proceedings initiated or notices or instruction issued, jurisdiction or powers conferred, assumed, exercised or any thing done in connection with or incidental thereto by any authority or officer in accordance with the provisions of this Act as amended by the Karachi Port Trust
(Amendment) Ordinance, 1997 (XLIV of 1997), at any time before the commencement of the Karachi Port Trust (Amendment) Ordinance, 2000, shall be deemed to have been validly done, made, issued, taken, initiated, conferred, assumed and exercised and shall be deemed always to have had effect accordingly.]
1886: Bom. Act VI]
Karachi Port Trust
(Schedule A)
SCHEDULE A (See section 27)
PROPERTY VESTED IN THE BOARD
All the right, title and interest of the Secretary of State for India in Council in the following lands, buildings, workshops, piers, break-waters, groynes, embankments, bridge, light-house, signal-stations, jetty, quay, graving-dock and railway-lines, together with all the fittings and other appurtenances thereof (namely) :—
Consecutive number of plots
Name of Property
Heretofore in charge of
Boundaries and general description
APPROXIMATE AREA Acres Square yards
I
Land at Manora occupied by Harbour Works’ Office, Workshop etc., together with the following buildings standing thereon
(namely) :—
Bungalows, with outhouses (Supervisor’s).
Harbour Works’ Office and peons’ quarters.
Bungalow, with outhouses (Superintendent of machinery’s).
Do. Do. (clerks’ and artificers’).
Bungalow, with outhouses (supervisor and clerks’).
Do. do. (accountants’).
Do. do. (cashier and draftsmen’s).
Do. do. (overseers’).
Port Engineer, Karachi.
Port Engineer, Karachi.
Do.
Do.
Do.
Port Engineer, Karachi.
. .
Do.
Do.
On the north by plot No. III and the British India Steam Navigation Company’s coalshed and quarantine buildings. On the south by Persian Gulf telegraph ground and buildings. On the east by harbour. On the west by back-water and Mangrove swamps.
Cutcha pucka.
Do.
Pucka.
Cutcha pucka.
Cutcha pucka.
Do.
Do.
Do.
24
4,547
(Schedule A)
SCHEDULE A.—contd.
Consecutive number of plots
Name of Property
Heretofore in charge of
Boundaries and general description
APPROXIMATE AREA Acres Square yards
I—contd.
II
III
Workshop, chimney smiths and carpenters’ sheds and engine-house. Store-room and office. Four lines for khalasis and maistry and boat-house. Four store-godowns. Chauki for Harbour Works’ police. Quarters for engine-
men. Firewood compound. Line for Harbour Works’ Police. Bungalow, with outhouses (dredge engineer’s).
Do. do. (store-keeper’s).
Do. do. (time-keeper’s).
Do. do. (supervisors’).
Tindal instrument house Land occupied by Harbour Works’ work-people’s lines, together with the following buildings standing thereon
(namely) :—
Five lines for work-
men. Five lines for carpenters and labourers. Line for sweepers.
Land occupied by Harbour Works Khalasi lines.
Port Engineer, Karachi.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
. .
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Includes Workshop, engine, machinery and fittings, two pucka and remainder cutcha.
Pucka.
Cutcha pucka.
3 Cutcha and 1 pucka.
Pucka.
Cutcha pucka.
Pucka.
Do.
Cutcha pucka.
Do.
Do.
Pucka.
Wood-work.
On the north by plot No. 1. On the south by native dealers’ and contractors’ lines. On the east by open space and Persian Gulf telegraph premises. On the west by No. 2 Battery.
Cutcha.
Cutcha pucka.
Do.
On the north by British India Steam Navigation Company’s coalshed. On the south by plot No. 1. On the east by harbour. On the west by backwater and Mangrove swamp.
7
. .
806
3,033
1886: Bom. Act VI]
Karachi Port Trust
(Schedule A)
SCHEDULE A.—contd.
Consecutive number of plots
Name of Property
Heretofore in charge of
Boundaries and general description
APPROXIMATE AREA Acres Square yards
IV
V
VI
VII
Land occupied by Harbour Works’ quarry and reclaimed ground along shore between deep water point and the shore end of the breakwater, together with the following buildings standing thereon (namely) :—
Office and store- room of No. I Division with Charging room.
Line for Workmen.
Do. pointsmen.
Bungalow, with outhouses (dredge store and time- keeper’s).
Powder Magazine
Former site for Harbour Works, temporary jail, and new quarry.
Plot of ground, with Harbour Works’
wells.
Plot of ground, with Harbour Works’ bungalow, together with the following buildings standing thereon (namely) :—
Port Engineer, Karachi.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
On the north by harbour and Port Department’s ground. On the south by Manora break water. On the east by harbour. On the west by plots Nos. V, VI, and
VII.
Pucka.
Cutcha pucka.
Do.
Do.
Pucka.
On the north by plot No. VI. On the south by Mr. D. Mclver’s plot. On the east by plots Nos. IV and VII, and St. Paul’s Church. On the west by the sea. On the north by Captain Bishop’s bungalow (formerly Lieut. A. W. Stiffe’s). On the south by plot No. V. On the east by plot No. IV. On the west by open space and the
sea.
On the north by St. Paul’s Church. On the south by open space and Hindu temple. On the east by plot No IV. On the west by plot No. V.
17
1
. .
. .
4,038
1,590
1,069
3,499
(Schedule A)
SCHEDULE A.—contd.
Consecutive number of plots
Name of Property
Heretofore in charge of
Boundaries and general description
APPROXIMATE AREA Acres Square yards
VII—contd.
VIII
IX
Harbour Works’ bungalow and outhouses (Port Engineer’s).
Land occupied by Port Department together, with the following buildings standing thereon
(namely) :—
Bungalow, with outhouses (dredge foreman’s). Coal-shed (formerly boat-shed). Godown at Manora.
Do. Boat-shed (formerly coal-shed). Four lines for lascars and sweepers. Water-reservoirs, with service tanks for Port Department. Firewood compound Port Department. European school with latrine. School mistress’ quarters and outhouses. Reading-room.
Land occupied by fort light-house signal station, etc., together with the following buildings standing thereon (namely) :—
Light-house and light-lascars’ quarters and bastion godown. Fort and Port Officer’s quarters and outhouses. Peons’ quarters at
fort.
Port Engineer, Karachi.
Port Officer
Port Engineer, Karachi.
Port Officer
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
. .
On the north by the Persian Gulf telegraph premises. On the south by plot No. IV and open
space. On the east by harbour. On the west by cemetery.
Cutcha pucka.
Cutcha.
Pucka.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Cutcha pucka.
On the north by plots Nos. X and XI. On the south by Manora breakwater. On the east by harbour. On the west by sea.
Pucka.
Cutcha pucka.
Do.
19
3
856
2,967
1886: Bom. Act VI]
Karachi Port Trust
(Schedule A)
SCHEDULE A.—contd.
Consecutive number of plots
Name of Property
Heretofore in charge of
Boundaries and general description
APPROXIMATE AREA Acres Square yards
X
XI
XII
XIII
XIV
Land occupied by outhouses near fort.
Land occupied by bungalow and outhouses, together with the following buildings standing thereon (namely) :—
Bungalow with outhouses and part of Master Attendant’s quarters.
Land to the west of Napier Mole at its southern end, together with the following building thereon (namely) :—
Workmen’s quarters, late new channel office.
Land to the west of Napier Mole between plot No. XII and the Commissariat premises, together with the following building standing thereon (namely) :—
Office on ground occupied by Messrs.
J. Cosser and Company.
Land to the east of Napier Mole and former railway embankment.
Port Officer
Do.
Do.
Port Engineer, Karachi.
Do.
Do.
Do.
Do.
On the north by plot No. IV. On the south by plot No. IX. On the east by plot No. IV. On the west by plot No. XI. On the north by open space and plot
No. IV. On the south by plot No. IX. On the east by plot No. X. On the west by plot No. X and open space and the sea.
Cutcha
On the north by new channel. On the south by plot No. XIV. On the east by China Creek backwaters. On the west by plot No. XIII.
Pucka.
On the north by new channel. On the south by plot No. XIV. On the east by plot No. XII. On the west by Commissariat yard.
Cutcha pucka.
On the north by plots Nos. XII and
XIII. On the south by Andrew Road. On the east by China Creek backwaters. On the west by Customs Pier.
. .
. .
2
4
25
4,501
4,046
941
1,408
2,773
(Schedule A)
SCHEDULE A.—contd.
Consecutive number of plots
Name of Property
Heretofore in charge of
Boundaries and general description
APPROXIMATE AREA Acres Square yards
XV
XVI
XVII
XVIII
Land to the east of Keamari Groyne.
Mereweather pier shore plots A, B, C, D, to getger with the following buildings standing thereon (namely): --
Engine and boiler- houses chimney and accumulator tower
Office for Pier Master.
Goods-shed.
Land from Mereweather pier to Customs pier together with the following building thereon
(namely) :--
Wooden office near Customs Pier.
Land for Mereweather Pier establishment on which the following buildings stand
(namely) :--
Pier Master’s quarters and out-houses.
Quarters for native establishment under Port Officer and Port Engineer.
Port Engineer, Karachi.
Port Officer
Port Officer
Do.
Do.
Do.
Do.
Do.
. .
. .
On the north by North Western Railway’s Keamari station ground. On the south by sea. On the east by China Creek. On the west by Keamari Groyne and harbor.
On the north by plot No. XVII. On the south by railway sheds and pier. On the east by railway ground. On the west by Mereweather pier and harbor.
Pucka.
Do.
Do.
On the north by commissariat yard. On the south by plot No. XVI. On the east by plots Nos. XVIII and
XIV. On the west by harbor.
Wood-work
On the north by plot No. XIV. On the south by Andrew Road. On the east by open space. On the west by plot No. XVII.
Pucka.
Do.
61
2
1
1
3,028
1,940
3,710
3,130
1886: Bom. Act VI]
Karachi Port Trust
(Schedule A)
SCHEDULE A.—contd.
Consecutive number of plots
Name of Property
Heretofore in charge of
Boundaries and general description
APPROXIMATE AREA Acres Square yards
XIX
XX
XXI
XXII
XXIII
XXIV
Land to the east of Hindu Temple at north end of Napier Mole bridge with the following building standing thereon (namely):--
Peon’s quarters near Hindu temple.
Land for Harbor works new quarry at Hands Hill, with the following buildings standing thereon (namely):--
Peon’s quarters at Hands Hill.
Land between china Creek embankment and the sea.
Anemometer – house, Manora, with chaukidars house adjoining.
Powder Magazine on Manora Point.
Powder Magazine near quarantine buildings.
Port Engineer, Karachi.
Do.
Do.
Do.
Do.
Do.
Port Officer
Do.
On the north by open space covered at high water. On the south by new channel. On the east by open space. On the west by native jetty.
Pucka.
On the north by open space and hills. On the south by open space and old quarry. On the east by open space. On the west by open space.
Pucka.
On the north by China Creek embankment. On the south by the sea. On the east by bare sand hills. On the west by sandy ridges.
On ridge of west bank, Manora- Anemometer-house, pucka:
chaukidar’s kutcha.
On the north by open space. On the south by No. 1 Battery. On the east by Fort. On the west by the sea.
Pucka.
On the north and south by sand crest running to Bhit village. On the east by harbor. On the west by Fullah Creek.
Pucka.
. .
46
90
. .
. .
. .
2,967
3,249
796
111
99
100
(Schedule A)
SCHEDULE A.—contd.
Consecutive number of plots
Name of Property
Heretofore in charge of
Boundaries and general description
APPROXIMATE AREA Acres Square yards
XXV
XXVI
XXVII
XXVIII
XXIX
XXX
XXXI
Bungalow with outhouses at Keamari.
Manora Backwaters.
Keamari Groyne.
East Pier.
Napier Mole Bridge.
Native jetty and quay, together with the following buildings thereon(namely):--
Chauk and storeroom at native jetty.
Godown and native
jetty. Harbour Board office at native jetty. Peon’s quarters at
jetty. Goods-shed at jetty.
Do.
Do.
Do.
China Creek Stoppage embankment.
Port Engineer, Karachi.
Do.
Do.
Do.
Do.
Port Officer
Port Engineer, Karachi.
Port Officer
Do.
Do.
Do.
Do.
Do.
Do.
Port Engineer, Karachi.
On the north by North Western Railway’s station ground. On the south by Keamari Groyne. On the east by open space. On the west by North Western Railway’s shed. Cutcha pucka. Extends from Manora point on the west side of the entrance in S. by E. ¼ east direction for a length of 1,503
feet. Runs in a slight curve about S. S. E. from west end of Keamari for a length of 7,548 feet.
An extension of the Groyne, total length 1,500 feet.
An iron bridge on screw piles with a masonry abutment at either end. Length 1,200 feet in 30 spans of 40 feet each.
Extends westward from north end of Napier Mole bridge. The south wall is 1,400 feet in length.
Pucka.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
An embankment 2,780 feet long.
. .
5
2,456
1886: Bom. Act VI]
Karachi Port Trust
(Schedule A)
SCHEDULE A.—contd.
Consecutive number of plots
Name of Property
Heretofore in charge of
Boundaries and general description
APPROXIMATE AREA Acres Square yards
XXXII
XXXIII
XXXIV
XXXV
XXXVI
XXXVII
XXXVIII
XXXIX
XL
XLI
XLII
XLIII
Stone shipping-pier at Manora.
Workshops pier at Manora.
Pilot-pier, Manora.
Coal-pier at Manora.
Water-pier at Manora.
Pier at deep water point, Manora.
Mereweather Pier at Keamari.
Customs-pier at Keamari.
Commissariat-pier at Keamari.
Railway lines at Manora and Keamari.
Graving-dock at Manora.
Layari Hard embankment and embankment in front of north wall of jetty.
Port Engineer, Karachi.
Do.
Port Officer
Do.
Do.
Port Engineer, Karachi.
Port Officer
Do.
Do.
Port Engineer, Karachi.
Do.
Port Officer
Situated at the northern limit of the plot of ground occupied by the office and workshops.
A wooden pier with fixed spur legs to lift twenty tons.
Wooden pier.
. .
. .
Called Humbry Pier.
An iron screw-pile pier T. headed and with hydraulic cranes.
Wooden pier.
. .
. .
. .
. .
II. The following vessels and boats, together with all the fittings, gear and other appurtenances thereof (viz) :—
Consecutive number
Name and Description
Heretofore charge of
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47
Steam tug “Manora” 441 tons, 200 horse-power, paddle wheel.
“Nurbudda” cutfer, 79 tons. Warp boat No. 1
Do. No. 2. “Kendimari”, anchor boat. “Rose”, steam barge. “Flirt”, steam launch. Bazar Boat. Cargo Boat. Boat cutter.
Do. Life-boat (white’s)
Do. “Jumbo”, steam anchor hoy
Gig. 32 feet Boat, 23 feet
Do.
Do.
Gig. Small Jolly-boat “Bily”, a crane cargo
Boat, country, for surveying, 28 feet long
Do. do. 30-1/2 feet long. Boat, anchor, 23 feet Boat, anchor, 14-3/4 feet.
Do. 23 feet 9 inches.
Do. 30 feet 6 inches Life-boat, 27 feet
Do. 20 feet 9 inches Boat, canoe, 23 feet 4 inches Boat, cutter, 25 feet 3 inches Jolly-boat, 18-3/4 feet
Do. 22 feet 5 inches
Do. 16 feet 8 inches Boat, gig., 25 feet 5 inches
Do. 20-3/4 feet Boat, for diver’s use, 30-3/4 feet “Nearches”, steam dredger, 160 feet long, 65 horse-power, nominal. “Albuquerque”, steam dredger, 160 feet long, 117 horse-power nominal. “Dubba”, steam dredger, 100 feet long, 25 horse-power nominal. “Gizree”, steam dredger, 100 feet long, 25 horse-power nominal. “Sind”, steam hopper barge, 130 feet long, 50 horse-power nominal, to carry 400 tons. “Baluchi”, steam hopper barge, 130 feet long, 50 horse-power nominal, to carry 400
tons. Sailing hopper barge, 90 feet to carry 200 tons. Hopper barge, under construction, 90 feet, to carry 200 tons. Hopper barge, under construction, 90 feet, to carry 200 tons. “Midge”, steam launch, 28 feet long, No. 451, built by Mr. John Samuel White, Cowes.
Port Officer, Karachi
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do. Port Engineer, Karachi.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
1886: Bom. Act VI]
Karachi Port Trust
(Schedule A. Schedule B. Schedule C)
SCHEDULE A.—contd.
III. All other lands, buildings, harbour-works, railway-lines, machinery, plant, tools, furniture, vessels, and boats and other property whatsoever not hereinbefore particularly described heretofore in the charge of the Port Officer of Karachi, the Port Engineer of Karachi, or of the Karachi Harbour Board.
—————
SCHEDULE B
(See section 28)
(1) LOANS RAISED BY THE KARACHI HARBOUR BOARD FROM THE PUBLIC WITH THE SANCTION OF THE 1[FEDERAL GOVERNMENT] AND NOT YET DISCHARGED.
Year in which taken up
Amount taken up
Rate of interest payable annually
LOAN of 1880-81 1882-83 1883-84
Rs.
2,29,000 71,000 2,88,500
5 per cent ’’ ’’
(2) LOANS PROMISED BY THE 1[FEDERAL GOVERNMENT] TO THE KARACHI HARBOUR BOARD AND WHICH ARE IN COURSE OF BEING TAKEN UP.
Amounts of Loans
Rate or interest payable annually
(1) Rs. 7,11,500 (being ten lakhs, minus the amount of the loan of 1883-84 raised by the Board from the public)
(2) Rs. 15,50,000
4-1/2 percent
’’
——————
2[*********]
1Subs. by Act 45 of 1974, s. 2, for “Central Government” which had been substituted by A.O., 1937, for “Governor- General-in-Council”.
2Schedule C omitted by the Ordinance No. XXXI of 2000, s. 30, w.e.f. 02-07-1997.
(Schedule)
1SCHEDULE D
2[See section 28A, sub-section (7).]
AGGREMENT BETWEEN BOARD AND THE MUNICIPALITY
An agreement made this the 18th day of January one thousand nine hundred and one between the Municipality of Karachi of the one part and the Trustees of the Port of Karachi of the other part, whereby it is agreed as follows :—
1. The Municipality of Karachi (hereinafter called the Municipality) agrees to sell and the Trustee of the Port of Karachi (hereinafter called the Trustees) agree to purchase at or for the price of Rs. (18.054-5-0) eighteen thousand and fifty-four and annas five only, to be paid as hereinafter mentioned, all that eight-inch water main now laid an extending from the Currie Reservoir to the Travellers' Bungalow at the junction of Preedy and Bunder Roads and all the iron piping connections and all appurtenances to the said main belonging or appertaining thereto.
2. The Trustees shall lay a six-inch main from the point where the said eight-inch main terminates, joining up one with the other, and carry such six-inch main along the Bunder Road as far as the Merewether Clock Tower then across the road into the Port Trust Import Yard along the cart road in front of the Platform Sheds joining the Bunder Road after passing the Custom House on its south side and along the Napier Mole Road to any such point or points at Keamari as the Trustees may now or at any time hereafter deem necessary or expedient.
3. The Trustees shall be at liberty to open up all roads along which the said six-inch main is to be laid to such depth or width as may be reasonably necessary, provided always that any road or portion of road so opened up shall be closed and restored to its original condition as soon as the main has been laid and provided also that the Trustees shall fence the road so opened and take all the necessary precautions to avoid injury etc., to passengers and vehicular traffic. The work of laying the main shall, when commenced, continue without interruption until completion.
4. The pipe shall wherever practicable, be laid at such a depth below the surface of the road that there shall be at least two feet of filling over every portion of the same.
5. During the construction of the main the Engineer of the Municipality shall at all times have access to the works for the purpose of satisfying the Municipality that the laying of the pipes is being satisfactory carried
out.
6. The Trustees shall pay to the Municipality the said sum of Rs. 18.054-5-0 herein agreed to be paid one the completion of the six-inch main and when the new 6 annas rate comes into force.
7. During the continuance of this agreement the whole of the said main from the Currie Reservoir to Keamari shall be the exclusive property of the Trustees, and the Trustees shall maintain and keep the same in proper repair and do all renewals add other works necessary for the proper unkeep of the line in such a manner that whenever, during the continuance of this agreement and under the terms thereof or when on the expiration of 30 years the line is taken over by the Municipality it shall be in a thoroughly good and satisfactory condition to fulfil at that time the functions for which it was originally laid. The Port Trust in fact agree to hand over the main in the same satisfactory conditions as the Municipality would reasonably be expected to have maintained had it been their own property. That in case of any dispute between the Municipality and the Port Trust as to the satisfactory condition of the pipes at the time they are taken over by the Municipality, the dispute shall be referred to the Commissioner in Sind for final decision.
1Schedule D was inserted by s. 31 of the Karachi Port Trust (Amendment) Act, 1902 (Bom. Act II of 1902). 2This reference is to the section as originally in ibid, s. 15 and not to the existing section of the Act.
1886: Bom. Act VI]
Karachi Port Trust
(Schedule D)
SCHEDULE D.—contd.
8. The Trustees shall be at liberty at any time hereafter and from time to time, on giving one clear day's notice to the Municipality, to take up the road at any point between the Currie Reservoir and Keamari as may, in the opinion of their engineer, be necessary for examining or repairing any pipe or joint, or for laying any branch pipes, the Trustees in all cases restoring the road to its original condition so soon as the work is completed.
9. So long as this agreement shall remain in force the said main shall be used by the Trustees for the following purposes only, that is to say, for the work of the Port Trust and for the supply of water to ships and to Manora through the Port Trust, and no branches shall be taken from the said main for the supply of water to any person or persons or for any purpose except by the Trustees and for Port Trust proposes or for the supply of water to the shipping and to Manora through the Port Trust provided that, if at any time the supply of water by the Municipality at Keamari shall be found to be insufficient for railway requirements, then water supplied to locomotives engaged on Port Trust work shall be considered as supplies for Port Trust purposes.
10. All water shall, on passing through the junction between the said eight-inch main and the said six- inch main be measured by a meter to be supplied fitted and maintained in proper working order by the Trustees
provided the said meter is off the main road. The said meter shall be of a pattern approved of jointly by the Port Trust and Municipal Engineers. In the event of either the Port Trust or the Municipality being uncertain as to the accuracy of the meter adopted either party may put in a second meter on any portion of the six or eight-inch main in order to test the accuracy of the first. The meter to be kept under two independent lock. and keys, so that neither the Port Trust nor the Municipal representative can inspect the meter independently.
11. The Trustees shall pay to the Municipality for all water as go measured by meter at the rate of six annas per one thousand (1,000) gallons; payment to accrue due on the 1st day of each calendar month and to be made as soon as the amount due shall have been determined.
12. The Trustees shall pay in addition to the said rate of six annas for one thousand (1,000) gallons, so long as the present temporary plague tax on water is chargeable to all other consumers, the plague tax of three annas per one thousand (1,000) gallons, and during the continuance of this agreement the Trustees shall be subject in the same way as all other sections of the community, shall be subject to any special tax of like nature to the present plague tax that maybe levied on all consumers of water under the sanction of the Government.
13. The valve communicating between the Currie Reservoir and the said main shall be always kept open, except when for the purposes of cleaning or repairing the Reservoir or for some similar purpose or when it be necessary under extraordinary circumstances in the interest of the public to restrict the supply it be absolutely necessary that it be closed but before so closing it the Municipality shall give at least 24 hours’ notice to the Trustees of their intention so to do. In the event of any difference of opinion between the Port Trust and the Municipality as to weather it is necessary in the interests of the public to close the valve, the question shall be referred to the Commissioner in Sind, whose decision shall be final on the point, but the valve shall in such case not be closed until the Commissioner in Sind's decision is given.
14. During the continuance of this agreement the Municipality shall not make any connection or branch to or from any part of the said main, nor shall the Municipality do or suffer to be done anything whereby the said main or any part thereof shall be injured or exposed to injury, or whereby the free flow of water from the Currie Reservoir (subject to the provision made in clause 13) into and through the whole length of the said main to Keamari shall be obstructed or in any way impeded.
SCHEDULE D.—contd.
15. This agreement shall, unless previously terminated as hereinafter provided, continue in force for the term of 30 years commencing from such date as the Trustees shall commence to use the said main for the purpose or drawing water therefrom at Keamari.
16. On the termination of this agreement, by efflux of time the whole of the said main and all its appurtenances shall become the absolute property of the Municipality.
17. The Municipality may at any time, by giving three months’ notice in writing of its intention so to do, terminate this agreement and take over the whole of the said main with all its appurtenances on payment of its value at the time of taking it over. This value shell calculated on the basis of provisions of clause 16 hereof. i.e., the price to be paid shall bear the same portion to the original cost of the main (viz., the price under clause 1 and the cost of extension incurred under clause 2 hereof) as the unexpired portion of 30 years to 30 years.
18. So soon as the said main and its appurtenances have been taken over by the Municipality under provisions herein contained, the Engineer to the Municipality and all necessary Assistants and workmen shall at all times have access to the Import Yard or other premises belong to the Port Trust in or under which any portion of the said main shall be laid for the purpose of examining, repairing or doing any other necessary work in connection with the said main or any branches thereof. And it shall be lawful for the Municipality to make any branch connections that they may think necessary with the said main, and for that purpose to open up the ground within the Port Trust premises in such places and to such depth and width as may be necessary: Provided always that it shall be lawful for the Trustees, at anytime after the said main shall have been taken over as aforesaid at their own costs in all things, to remove from their premises such portion of the said main as shall be in or under their premises and relay the same in or under Municipal land, such relaying being carried out under the direction and to the satisfaction of the Engineer to the Municipality.
19. From and after the termination of this agreement, whether by the efflux of time or otherwise under the provisions herein contained, the Trustees shall pay the municipality for water if they require to be supplied to them at such rates as shall mutually be agreed on or, failing this as the Municipality with the sanction of the Local Government shall determine.
In witness whereof, the said Municipality by their President and two Municipal Commissioners have set their hands and seals to one part of these presents, and the said Trustees by their Chairman and two of the said Trustees have set their hands and seals to another part of these presents the day and year first above written.
Signed, sealed and delivered by TEHILRAM KHEMCHAND, President, Karachi Municipality.
In the presence of J. FORREST BRUNTON, Secretary and Acting Engineer, Karachi Municipality.
Signed, sealed and delivered by J. McCLOGHRY, Lieut.-Colonel, I.M.S.
In the presence of BYRAMJEE FRAMJEE, Head Clerk, P.M.O’s Office.
Signed, sealed and delivered by J. A. BELL, Major, A.A.G. Sind District.
In the presence of NIHALCHAND HOTECHAND, Clerk, Municipal Office.
Signed, sealed and delivered by REGINALD POCOCK BARROW, Chairman of the Trustees of the Port of Karachi, in the presence of
(Signed) R. P. BARROW
S. H. ROZARE, Acting Secretary, Karachi Port Trust.
Signed, sealed and delivered by WILLIAM EDLIN YOUNG, Vice-Chairman of the Trustees of the Port of Karachi, in the presence of
(Signed) W. E. YOUNG
S. H. ROZARE, Acting Secretary, Karachi Port Trust.
Signed, sealed and delivered by Captain HUGH ALAN CAMERON, R.E., Trustee of the Port of Karachi, in the presence of
(Signed) H. A. CAMERON, Captain R.E.
S. H. ROZARE, Acting Secretary, Karachi Port Trust. ——————
1886: Bom. Act VI]
Karachi Port Trust
(Schedule E)
1SCHEDULE E
(See section 69C)
OF BOUNDS ALLOTED FROM KARACHI PORT TRUST SECOND ISSUE OF LOAN OF 13 LAKHS TO KARACHI PORT TRUST FUNDS.
Particulars of Loans and Numbers of Debentures
Number
Amount
Total
Grand Total
4 per cent, Karachi Port Trust Debenture Loan (Rs. 10,93,500), 2nd Issue of Loan of 13 lakhs for appliances and Harbour Works—
Numbers 969 at 973
’’ 974 at 993
’’ 948, 994 at 1,003
5 20 11
Rs.
5,000 1,000 500
Rs.
25,000 20,000 5,500
Rs.
50,500
1Schedule E inserted by the Karachi Port Trust (Amendment) Act, 1902 (Bombay Act No. II of 1902), section 31.
Print contents from the source
CONTENTS
CHAPTER I.
PRELIMINARY
1. Short Title.
2. Definitions.
3. Power to define and alter limits of Port.
CHAPTER II.
OF THE BOARD OF TRUSTEES
CONSTITUTION OF BOARD
4. Act to be carried out by trustees.
5. Number of trustees.
6. Appointment of Chairman and election of Vice-Chairman.
7. Nomination of other trustees.
8. Conduct of elections.
Nomination by Government in default of election.
9. Publication of names of trustees in the official Gazettes.
10. [Repealed.]
11. Term of office of Trustees and Chairman.
12. Time for holding elections and making appointments.
13. Filling up of casual vacancies.
Acting trustee.
Saving provisions for acting appointment when necessary for less than three months.
14. Re-eligibility of trustees.
DISQUALIFICATIONS OF TRUSTEES
15. Disqualifications for office of trustee.
15A. Grounds on which trustees shall vacate office.
15B. Restriction on power of trustees to vote or discuss matters in which they are interested
REMUNERATION OF TRUSTEES
16. Remuneration of Chairman to be fixed by Government.
Fees payable to other trustees.
PROCEEDINGS OF BOARD
17. Provisions concerning the Board’s proceedings.
Vacancy not to affect Board’s proceedings.
Board to meet together and arrange for transaction of business.
Two ordinary meetings in each month.
Special meetings.
Quorum.
Meeting to be presided over by the Chairman.
Questions to be decided by a majority of votes.
Votes to be recorded if a poll is demanded.
Minutes of proceedings.
Board may delegate powers to committees.
Committees’ meetings to be presided over by a Chairman.
Meetings of committees.
Questions how to be decided at committees’ meetings.
Acts of Board, etc. not to be invalidated by informalities.
18. Competency of the Board to lease, sell and transfer.
19. Board may compound for claims against them.
THE CHAIRMAN AND VICE CHAIRMAN
20. Duties of Chairman.
Duties of Vice-Chairman.
CHAPTER III.
OF THE OFFICERS AND SERVANTS OF THE BOARD
STRENGTH OF STAFF
21. Schedule of officers and servants, and of their pay and allowances, to be prepared and
sanctioned by the Board.
Provisos.
22. Board to frame regulations–
for regulating leave;
for setting absentee allowances;
for fixing acting allowances;
for regulating length of services;
for fixing pensions, etc;
for authorizing contributions to provident fund;
determining conditions of grant of wound pensions or compassionate allowances;
POWERS OF APPOINTMETN, ETC.
23. Appointments, etc. by whom to be made.
24. Sanction of Commissioner when necessary.
CHAPTER IV.
OF THE PROPERTY AND LIABILITIES OF THE BOARD
GENERAL POWERS AS TO PROPERTY
25. Powers of Board as to property.
26. Procedure to be observed when the Board are unable to acquire, by agreement, any
immovable property.
27. Transfer of Government property to the Board.
28. Transfer to the Board of the Karachi Harbor.
BOARD’S LIABILITIES AND CLAIMS
28A. Special provisions as to the liabilities of the Board to the Corporation.
CHAPTER V.
OF THE POWERS AND DUTIES OF THE BOARD WORKS
29. Works to be constructed
Approval of the Board and Government for commencing new works.
30. Free landing-places to be provided.
31. Removal of bathing and landing-places.
LANDING AND SHIPPING OF GOODS
32. Appliances for shipping, etc., for seagoing vessels.
33. Seagoing vessels compelled to use wharves, etc.
34. If accommodation sufficient, all seagoing vessels compelled to use wharves etc
35. Power to order vessels not to come alongside of, or to be removed from wharves, etc.
36. Power of Federal Government to exempt from obligation to use wharves, etc.; and
to require preference to be given to Government vessels.
37. Discharge of liability on goods landed.
CUSTOMS – WHARVES, ETC.
38. Accommodation to be provided for customs-officers in wharves, etc.,
appointment under Sea Customs Act.
39. Dues at Customs-wharves, etc.
ERECTION OF WHARVES, ETC., BY PRIVATE PERSONS.
40. Private wharves, etc., prohibited.
41. Power to permit erection of private wharves, etc. within the port subject to conditions.
42. Wharves, etc. beyond port limits.
RATES
43. Scale of tolls and charges to be framed.
43A. Scale of charges for use of dock, etc.
43B. Scales framed under last two sections to be submitted to Government for sanction.
44. Tolls and charges may be remitted in special cases.
45. [Repealed]
46. Board’s lien for tolls and charges.
47. Owners lien for freight.
48. Discharge of ship owner’s lien for freight.
49. Goods may be removed to warehouse.
50. Recovery of tolls and charges by sale of goods.
50A. Removal of unclaimed goods.
51. Application of sale proceeds.
52. Power to distrain vessels for the non-payment of rates, etc.
53. Port clearance not to be granted till rates, etc. paid.
53A. Alternative remedy by suit.
54. Surplus of port-dues to be paid to Board.
CONTROL OF PILOTS
55. Trustees to be vested with the right and privilege of maintaining pilots.
BYE-LAWS
56. Trustees empowered to make bye-laws.
57. Approval and publication of by-laws.
Cancelment by Government.
58. Penalties for infringement of bye-laws.
59. Bye-laws and scales of rates and charges to be exhibited.
CHAPTER VI.
OF BORROWNIG POWERS
[
59A. Power to borrow.
59B. Mode of raising money.
Borrowing powers.
59C. Form and transferability of debentures.
Right to sue on debentures.
59E. Loans to be raised in Pakistan and in Pakistan currency.
59.F Establishment of sinking fund.
Application and investment of sinking fund.
59G. Annual examination of sinking fund.
59H. Powers to repay loans from Government before due date.
59I. Saving of power to borrow under Act III of 1904.
CHAPTER VII.
OF REVENUE AND EXPENDITURE
[
MANAGEMENT OF FUNDS
60. Moneys where to be deposited.
Ho the funds are to be drawn.
61. Moneys on what purposes to be expended.
ANNUAL ESTIMATES
62. Chairman to submit annual estimate of income and expenditure to Board.
63. Board to revise and sanction the estimate.
64. Estimate to be submitted to Government.
65. List of works to accompany estimates.
66. Supplementary estimates may be made when necessary.
66A. Re-appropriation of sanctioned sum of money.
67. Circumstances under which any sum exceeding Rs. 25,000 not included in an estimate may
be expended.
AUDIT OF ACCOUNTS
68. Accounts to be audited and examined.
Auditors to have power to call for books, etc.
Their remuneration to be fixed by Government.
Their report to be published.
DISPOSAL OF BALANCES
69. Balances may be invested by the Board in public securities.
Amounts which may be so invested to be limited by Government.
69A. Investment of balances in debentures issued by the Board.
69B. Purchase, etc., by the Board of debentures issued by the Board not to operate to extinguish
such debentures.
69C. Validation of debentures heretofore issued etc., in the name of the Board.
CHAPTER VIII.
PENALTIES
70. Penalty for being interested in contracts with Board.
71. Penalty for obtaining illegal gratification.
72. Penalty for infringement of Section 33, 34, 36 or 41.
73. Penalty for refusing or neglecting to appear before an auditor of accounts, etc.
74. Penalty for understanding quantity or weight of goods etc.
75. Penalty for evading rates etc.
76. Compensation for damage to property of Board.
77. Cognizance of offences against Act.
77A. Power of detention and search of suspected persons, etc.
78. Prosecutions.
CHAPTER IX.
CONTROL
79. Government may order survey
79A. Power of the Federal Government to cancel, suspend or modify acts or proceedings of the
Board
80. Government may carry out neglected works.
81. In default, Government may require Board to increase the rates, and on Board’s failing to do
so, may itself increase them.
82. Government may revoke powers of Board.
X– MISCELLANEOUS
83. Saving of previous port regulations.
84. Recovery of dues as fines under Code of Criminal Procedure.
84A. Declaration of trustees, officers and servants of the Board as public servants.
85. Trustees not personally liable.
86. Trustees liable for breach of trust.
87. Limitation of suits, etc.
88. Board not responsible for certain acts of their officers and Servants.Compare the original stored transcription
Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: ce39c84ba47824e3f66561435b1bea22a3d949bceb4541b1cf428fcbdaa95eba.
THE KARACH PORT
TRUST ACT, 1886
CONTENTS
CHAPTER I.
PRELIMINARY
1. Short Title.
2. Definitions.
3. Power to define and alter limits of Port.
CHAPTER II.
OF THE BOARD OF TRUSTEES
CONSTITUTION OF BOARD
4. Act to be carried out by trustees.
5. Number of trustees.
6. Appointment of Chairman and election of Vice-Chairman.
7. Nomination of other trustees.
8. Conduct of elections.
Nomination by Government in default of election.
9. Publication of names of trustees in the official Gazettes.
10. [Repealed.]
11. Term of office of Trustees and Chairman.
12. Time for holding elections and making appointments.
13. Filling up of casual vacancies.
Acting trustee.
Saving provisions for acting appointment when necessary for less than three months.
14. Re-eligibility of trustees.
DISQUALIFICATIONS OF TRUSTEES
15. Disqualifications for office of trustee.
15A. Grounds on which trustees shall vacate office.
15B. Restriction on power of trustees to vote or discuss matters in which they are interested
REMUNERATION OF TRUSTEES
16. Remuneration of Chairman to be fixed by Government.
Fees payable to other trustees.
PROCEEDINGS OF BOARD
17. Provisions concerning the Board’s proceedings.
Vacancy not to affect Board’s proceedings.
Board to meet together and arrange for transaction of business.
Two ordinary meetings in each month.
Special meetings.
Quorum.
Meeting to be presided over by the Chairman.
Questions to be decided by a majority of votes.
Votes to be recorded if a poll is demanded.
Minutes of proceedings.
Board may delegate powers to committees.
Committees’ meetings to be presided over by a Chairman.
Meetings of committees.
Questions how to be decided at committees’ meetings.
Acts of Board, etc. not to be invalidated by informalities.
18. Competency of the Board to lease, sell and transfer.
19. Board may compound for claims against them.
THE CHAIRMAN AND VICE CHAIRMAN
20. Duties of Chairman.
Duties of Vice-Chairman.
CHAPTER III.
OF THE OFFICERS AND SERVANTS OF THE BOARD
STRENGTH OF STAFF
21. Schedule of officers and servants, and of their pay and allowances, to be prepared and
sanctioned by the Board.
Provisos.
22. Board to frame regulations–
for regulating leave;
for setting absentee allowances;
for fixing acting allowances;
for regulating length of services;
for fixing pensions, etc;
for authorizing contributions to provident fund;
determining conditions of grant of wound pensions or compassionate allowances;
POWERS OF APPOINTMETN, ETC.
23. Appointments, etc. by whom to be made.
24. Sanction of Commissioner when necessary.
CHAPTER IV.
OF THE PROPERTY AND LIABILITIES OF THE BOARD
GENERAL POWERS AS TO PROPERTY
25. Powers of Board as to property.
26. Procedure to be observed when the Board are unable to acquire, by agreement, any
immovable property.
27. Transfer of Government property to the Board.
28. Transfer to the Board of the Karachi Harbor.
BOARD’S LIABILITIES AND CLAIMS
28A. Special provisions as to the liabilities of the Board to the Corporation.
CHAPTER V.
OF THE POWERS AND DUTIES OF THE BOARD WORKS
29. Works to be constructed
Approval of the Board and Government for commencing new works.
30. Free landing-places to be provided.
31. Removal of bathing and landing-places.
LANDING AND SHIPPING OF GOODS
32. Appliances for shipping, etc., for seagoing vessels.
33. Seagoing vessels compelled to use wharves, etc.
34. If accommodation sufficient, all seagoing vessels compelled to use wharves etc
35. Power to order vessels not to come alongside of, or to be removed from wharves, etc.
36. Power of Federal Government to exempt from obligation to use wharves, etc.; and
to require preference to be given to Government vessels.
37. Discharge of liability on goods landed.
CUSTOMS – WHARVES, ETC.
38. Accommodation to be provided for customs-officers in wharves, etc.,
appointment under Sea Customs Act.
39. Dues at Customs-wharves, etc.
ERECTION OF WHARVES, ETC., BY PRIVATE PERSONS.
40. Private wharves, etc., prohibited.
41. Power to permit erection of private wharves, etc. within the port subject to conditions.
42. Wharves, etc. beyond port limits.
RATES
43. Scale of tolls and charges to be framed.
43A. Scale of charges for use of dock, etc.
43B. Scales framed under last two sections to be submitted to Government for sanction.
44. Tolls and charges may be remitted in special cases.
45. [Repealed]
46. Board’s lien for tolls and charges.
47. Owners lien for freight.
48. Discharge of ship owner’s lien for freight.
49. Goods may be removed to warehouse.
50. Recovery of tolls and charges by sale of goods.
50A. Removal of unclaimed goods.
51. Application of sale proceeds.
52. Power to distrain vessels for the non-payment of rates, etc.
53. Port clearance not to be granted till rates, etc. paid.
53A. Alternative remedy by suit.
54. Surplus of port-dues to be paid to Board.
CONTROL OF PILOTS
55. Trustees to be vested with the right and privilege of maintaining pilots.
BYE-LAWS
56. Trustees empowered to make bye-laws.
57. Approval and publication of by-laws.
Cancelment by Government.
58. Penalties for infringement of bye-laws.
59. Bye-laws and scales of rates and charges to be exhibited.
CHAPTER VI.
OF BORROWNIG POWERS
[
59A. Power to borrow.
59B. Mode of raising money.
Borrowing powers.
59C. Form and transferability of debentures.
Right to sue on debentures.
59E. Loans to be raised in Pakistan and in Pakistan currency.
59.F Establishment of sinking fund.
Application and investment of sinking fund.
59G. Annual examination of sinking fund.
59H. Powers to repay loans from Government before due date.
59I. Saving of power to borrow under Act III of 1904.
CHAPTER VII.
OF REVENUE AND EXPENDITURE
[
MANAGEMENT OF FUNDS
60. Moneys where to be deposited.
Ho the funds are to be drawn.
61. Moneys on what purposes to be expended.
ANNUAL ESTIMATES
62. Chairman to submit annual estimate of income and expenditure to Board.
63. Board to revise and sanction the estimate.
64. Estimate to be submitted to Government.
65. List of works to accompany estimates.
66. Supplementary estimates may be made when necessary.
66A. Re-appropriation of sanctioned sum of money.
67. Circumstances under which any sum exceeding Rs. 25,000 not included in an estimate may
be expended.
AUDIT OF ACCOUNTS
68. Accounts to be audited and examined.
Auditors to have power to call for books, etc.
Their remuneration to be fixed by Government.
Their report to be published.
DISPOSAL OF BALANCES
69. Balances may be invested by the Board in public securities.
Amounts which may be so invested to be limited by Government.
69A. Investment of balances in debentures issued by the Board.
69B. Purchase, etc., by the Board of debentures issued by the Board not to operate to extinguish
such debentures.
69C. Validation of debentures heretofore issued etc., in the name of the Board.
CHAPTER VIII.
PENALTIES
70. Penalty for being interested in contracts with Board.
71. Penalty for obtaining illegal gratification.
72. Penalty for infringement of Section 33, 34, 36 or 41.
73. Penalty for refusing or neglecting to appear before an auditor of accounts, etc.
74. Penalty for understanding quantity or weight of goods etc.
75. Penalty for evading rates etc.
76. Compensation for damage to property of Board.
77. Cognizance of offences against Act.
77A. Power of detention and search of suspected persons, etc.
78. Prosecutions.
CHAPTER IX.
CONTROL
79. Government may order survey
79A. Power of the Federal Government to cancel, suspend or modify acts or proceedings of the
Board
80. Government may carry out neglected works.
81. In default, Government may require Board to increase the rates, and on Board’s failing to do
so, may itself increase them.
82. Government may revoke powers of Board.
X– MISCELLANEOUS
83. Saving of previous port regulations.
84. Recovery of dues as fines under Code of Criminal Procedure.
84A. Declaration of trustees, officers and servants of the Board as public servants.
85. Trustees not personally liable.
86. Trustees liable for breach of trust.
87. Limitation of suits, etc.
88. Board not responsible for certain acts of their officers and Servants.
THE KARACHI PORT
TRUST ACT, 1886.
1BOMBAY ACT NO.VI OF 1886
[8th February, 1887]
An Act to vest the Port of Karachi in a Trust
Preamble, Whereas it is expedient to vest the Port of Karachi in a true and to provide
for the management of the affairs of the said port by trustees; It is enacted as follows:-
I – PRELIMINARY
1. Short Title – This Act may be called the Karachi Port Trust Act, 1886.
2. Definitions – In this Act, unless there be something repugnant in the subject or
context:-
(1) “Port” means the port of Karachi as defined for the purpose of this Act;
(2) “high-water mark” means a line drawn through the highest points reached by
ordinary spring-tides at any season of the year.
(3) “low-water mark” means a line drawn through the lowest points reached
by ordinary spring-tides at any season of the year.
(4) “land” includes the bed of the sea below high-water mark, and also things
attached to the earth or permanently fastened to anything attached to the earth;
(5) “master” when used in relation to any vessel, means any person having for the
time being the charge or control of such vessel;
(6) the word “goods” includes wares and merchandise of every description;
2[(7) “owner” when used in relation to goods includes any consignor, consignee,
shipper, agent for shipping, clearing or removing such goods, or agent for the sale or
custody of such goods; and when used in relation to any vessel includes any part -owner,
charterer, consignee or mortgage, in possession thereof.]
[NOTE.-The Provisions of this Act are to be construed as if references in it to Government [except in clause (2) of the
proviso to section 21 and clause (1) of section 61] or the Governor -in-Council to the Bombay Government Gazette
and to the Accountant- General, Bombay, were references to the Governor-General-in-Council, to the Gazette of India
and to the Comptroller, Sind , respectively, see s.4 of the Sind Laws Regulation, 1936 (6 of 1936).] 1For Statement of
Objects and Reasons, see Bombay Government Gazette, 18 86, Pt. V, p.42 for report of the Select Committee, see
ibid., p. 106, and for proceedings in Council, see ibid., pp. 100 and 190.
2Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s.2 for sub-Section (7)
3. Power to define and alter limits of Port. Government may, 1***by notification in
the 2[Official Gazette]
(a) define the limits of the port for the purpose of this Act, and
(b) from time to time alter such limits.
Such limits may extend to any part of the navigable approaches to the port, and may include
any wharves, tramways, warehouses; sheds and other works made on behalf of the public for
convenience of traffic, for safety of vessels or for the improvement, main tenance and good
government of the port, whether within or without high-water mark, and , subject to any rights
of private property therein, any portion of the shore within fifty yards of high-water mark.
II. – OF THE BOARD OF TRUSTEES
CONSTITUTION OF BOARD
4. Act to be carried out by trustees.- The duty of carrying out provisions of this Act shall subject
to such conditions and limitations as are hereinafter contained, be vested in a board to be called “The
Trustees of the Port of Karachi” ,and such Board , hereinafter referred to as “the Board”, shall be a
body corporate and have perpetual succession and a common seal, and shall sue and be sued by the
name of first aforesaid.
3[5. Number of trustees - The Board shall consist of 4[eleven] members.]
5[6. (1) Appointment of Chairman and election of Vice-Chairman. Government shall from
time to time appoint a person to be Chairman of the Board. The person so appointed may be a public
officer or not. The Chairman shall be a trustee.]
6[(2) The Board shall elect at its first meeting held at the beginning of each year of the term of
the trustees composing that Board one of the trustees to be Vice-Chairman of the Board for a period
of one year expiring with expiry of that year of the term.
(3) In the event of the death, resignation or disqualification of the Vice-Chairman or his absence
from four successive meetings of the Board, the Board shall elect a successor who shall hold office,
for the remainder of his predecessor’s period of office.]
1 The words “with the approval of the Governor-General-in-Council” omitted by the Devaluation Act, 1920(38 of
1920), s.2 and Sch. I.
2 Subs. by the Federal Laws (Revision and Declaration) Act,1951 (26 of 1951), s.5 and Fourth Sch., for “Bom bay
Government Gazette”.
3Subs. By the Karachi Port Trust (Amdt.) Act, 1924 (Bom. Act 6 of 1924), s.3, for section 5.
4Subs. By the Karachi Port Trust (Amdt.) Ordinance, 1960(11 of 1960), s.2 for “seventeen” which had been subs. by
the Karachi Port Trust (Second Amdt.) Act,1950 (42 of 1950), s.3, for “sixteen”.
5Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914) s.2, for section 6.
6Subs. by Act 42 of 1950, s.4, for sub-section (2).
1[7. Nomination of other trustees. (1) Of the remaining trustees, one shall be
elected by the Chamber and Industry, Karachi, one shall be elected by the Karachi Chamber of
Commerce and Industry, Karachi, one shall be elected by the Karachi Cotton Association, Karachi,
one shall be elected by the Pakistan Shipowners Association, Karachi, one shall be elected by the
Karachi Municipal Corporation, and five, of whom one shall be a non-official associated with the
Karachi Port Trust Labour Unions, shall be appointed by the 2[Federal Government].
Any trustee elected or appointed under this section may or may not be a public officer.
(2) The right to elect trustees conferred on the Chamber of Commerce and Industry,
Karachi, the Karachi Chamber of Commerce and Industry, Karachi, the Karachi Cotton
Association, Karachi, the Pakistan Shipowners Association, Karachi, shall accrue only on such
Chamber or association, being or becoming, registered under the law for the time being in force
for the registration of companies or association.]
3[8. Conduct of election s. (1) The election of trustees by the Chamber of
Commerce and Industry, Karachi, the Karachi Chamber of Commerce and Industry, Karachi, the
Karachi Cotton Association, Karachi, the Pakistan Shipowners Association, Karachi , and the
Karachi Municipal Corporation shall be conducted in such manner, as may from time to time be
determined at a meeting of the members of the bodies concerned convened in accordance with
the rules for the time being in force in this behalf. The Secretary of the body concerned shall make
a return to the 2[Federal Government] of the names of the persons so elected.
(2) Nomination by Government in default of election. In the event of default by
any of the aforesaid bodies in electing any trustee under the foregoing provisions within the
period hereinafter prescribed in this behalf, Government may appoint a person to represent
such body and the person so appointed shall be deemed to be a trustee as if he had been duly
elected by that body.]
1 The Original s.7 has successively been amended by the Karachi Port Trust (Amdt.) Act, 1924 (Bom. Act 6 of
1924), s. 4 , the Karachi Port Trust (Amdt.) Act, 1933 (Bom. Act 9 of 1933), the Karachi Port Trust (Amdt.) Act,
1949 (6 of 1949), s.2 , the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s.5 and the Karachi Port Trust
(Amdt.) Ordinance, 1960 (11 of 1960), s.3, to read as above.
2Subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974), s.2, for “Central Government”.
3Section 8 which was originally amended by Act 6 of 1949, s.3 and subsequently amended by Act 42 of 1950, s.6 has
been subs. by Ord. 11 of 1960, s.4 to read as above.
9. Publication of names of trustee in the official Gazette . The name of every
person appointed by Government to be Chairman 1[and of every person elected to be ] Vice
Chairman of the Board and the names of all trustees duly elected or appointed to the Board
shall be published in 2* * * the 3[official Gazette].
10. [Term of office of first trustees when to commence.] Rep. by Bom. Act II of
1902, s.4.
11. Term of office of trustees and of Chairman. 4* * * * * * *
Every trustee other than the Chairman, shall unless he becomes in the meantime
disqualified, hold office for a term of two years.
5[Provided that the 6[Federal Government] may by notification in the official Gazette,
extend 9[or reduce] the term for such period as may be specified in the notification].
7[The Chairman shall hold office for such period as the 6[Federal Government] may
from time to time decide].
8[12. (1) Time for holding elections and making appointments . (1) The
election of trustees by the bodies mentioned in sub-section (1) of Selection 7 of the Act to succeed
trustees whose term of office expires, or to take office in accordance with the provisions of clause
(b) of sub-section (4) of Section 82, as the case may be, shall be held on some day between such
dates as may by notification in the official Gazette be fixed by the 6[Federal Government] in this
behalf, and appointments of such trustees by the 6[Federal Government] shall be made on some
day prior to the date of the first meeting of the new Board.
(2) The term of office of the trustees so elected or appointed shall begin on the day
next following that on which the term of their predecessors in office, or the period specified in
an order under sub-section (1) of Section 82 or extended under clause (a) of sub-section (4) of
that section as the case may be expires.].
1 Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914), s. 4, for “or”.
2The words “in the Bombay Government Gazette and” omitted by the Federal Laws (Revision and Declaration)
Act, 1951(26 of 1951), s.5 and Fourth Sch.
3 Subs. by A.O., 1937., for “Sind official Gazette”.
4 The first two paras of s. 11 and words “In every other case” in the third para before the words” Every trustee”,
rep. by the Karachi Port Trust (Amdt.) Act, 1902(Bom. Act 2 of 1902), s. 4.
5 The proviso added by the Karachi Port Trust (Amdt.) Ordinance, 1949 (2 of 1949), s. 2.
6 See foot-note 2, on preceding page.
7 Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 7 for the paragraph which follows the
proviso.
8The original s. 12 has successively been amended by Bom. Act 2 of 1902, 55, the Karachi Port Trust (Amdt.) Act,
1924 (Bom. Act 6 of 1924), s. 6, Ord. 2 of 49, s. 3 and Act 42 of 1950, s. 2, to read as above.
9Ins. by Ord. 31 of 2000, s. 2 (w.e.f. 2-7-97) s.2.
13. Filling up of casual vacancies. 1[(1)] In the event of the death, resignation or
disqualification of a trustee or of his becoming incapable of acting previous to the expiry of his term of
office, the vacancy shall be filled up, as soon as it conveniently may be, by the election or appointment, as
the case may be, of a person thereto, who shall hold office so long only as the trustees in whose place he is
elected or appointed would have been entitled to hold it if the vacancy had not occurred.
2[(2) Acting trustee. If a trustee departs from Karachi with an intention of being absent
for a period of three months or more, a person shall be elected or appointed as aforesaid to act for such
trustee during his absence, or until he shall cease to be a trustee; and the person so acting shall be deemed
for all the purpose of this Act to be trustee.]
3[(3) Saving provision for acting appointment when necessary for less than
three months. Nothing in the last preceding sub -section shall prevent a person being elected or appointed
for a shorter period than three months in the place of an absent trustee, on the application of the Board if
the absentee be an active trustee or at the discretion of Government if he be a nominee trustee.]
14. Re-eligibility of trustees . A person who has alrea dy been a trustee on one or more
occasions shall, if not disqualified under section 15, be again eligible at any time for election or
appointment.
DISQUALIFICATIONS OF TRUSTEES
4[15 Disqualifications for office of trustee. (1) A person shall be disqualified to be a
trustee who:-
(a) is an un-certificated bankrupt or insolvent; or
(b) has been convicted and sentenced to imprisonment for an offence punishable with
imprisonment for a term exceeding six months, or to transportation, such conviction not having
been subsequently reversed or quashed, and whose disqualification on account of such
conviction has not been removed by an order, which Government is hereby empowered to
make, if it shall think fit, in this behalf; or
( c) hold [or has held] any office or place of profit under the Board; or
(d) has directly or indirectly, by himself or his partner, any share or interest in any contract or
employment with, by or on behalf of the Board [;or].
5[(e) has not-
(i) paid back the loan adv ance or credit amounting to one million rupees or more
including any mark -up accrued thereon, obtained from any bank, financial
institution or corporate body in his personal name or any business concern mainly
owned by or having any share in such business concern for mor e than one year
from the due date;
1 The first two paras of s. 13 re-numbered as sub-sections (1) and (2) of that section by the Karachi Port Trust
(Amdt.) Act, 1902 (Bom. Act 2 of 1902), s. 6.
2 Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 9, for sub-section (2).
3 Sub-section (3) added by Bom. Act 2 of 1902, s. 6.
4 Subs. ibid., s. 7, for original s. 15.
5 Ins., subs & added by Ord. 31 of 2000, s.3 (w.e.f. 2.1.1997).
(ii) paid the tax amounting to fifty thousand or more in respect of each
category of tax for over six months; and
(iii) paid the utility expenses, including telephone, electricity, gas and water
charges, amounting to twenty-five thousand rupees or more for each utility
for over six months.]
[(1A) Notwithstanding anything contained in sub-section (1), an officer of the Port shall
not, during service of the Port or thereafter, be eligible for appointment as trustee to represent
Labour Union].
(2) Proviso. But a person shall not be so disqualified, or be deemed to have any
share or interest in such contract or employment by reason only of his having a share or interest
in –
(a) any lease, sale, exchange or purchase of immovable property, or any
agreement for the same; or
(b) any licence by the Board, or right by agreement or otherwise with the Board to
the sole or preferential use of any railway sidings or any berth for vessels in the
docks, wharves, quays, stages, jetties and piers belonging to the Board; or
(c) any agreement for the loan of money, or any security for the payment of
money only; or
(d) any newspaper in which any advertisement relating to the affairs of the Board
is inserted; or
(e) any joint-stock company which shall contract with or be employed by or on
behalf of the Board; or
(f) the occasional sale to the Board, to a value not exceeding two thousand rupees
in any one official year, of any article in which he trades.]
1[15A. Grounds on which trustees shall vacate office. – 2[(1)] Any trustee who –
(a) becomes disqualified for any of the reasons mentioned in the last
proceeding section ; or
(b) is absent from the meetings of the Board for a period exceeding twelve
consecutive months , or without the permission of the Board from six
consecutive ordinary meetings of the Board; or
(c) acts in contravention of, the provisions of the next succeeding section
3[or];
4[(d)] ceases to be a member of the Constituency by which he has been elected;]
shall cease to be a trustee, and his office shall thereupon become vacant.
5[(2) In the event of the Chamber of Commerce and Industry, Karachi or the Karachi
Chamber of Commerce and Industry, Karachi, or the Karachi Cotton Association,
Karachi, or the Karachi Pakistan Shipowners Association, Karachi or Karachi
Municipal Corporation being dis solved, or ceasing to exist, the office of the trustee
elected by the body which is dissolved, or which ceases to exist, shall become vacant].
1 S. 15A ins. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s. 8.
2 S. 15A re-numbered as sub-section (1) of that section by the Karachi Port Trust (Amdt.) Act, 1924 (Bom. Act 6 of
1924), s. 7.
3 Added, ibid.
4 Cl. (d) ins. ibid.
5 The original sub-section (2) as amended by the Karachi Port Trust (Amdt.) Act 1950 (23 of 1 950), s. 2 and the
Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 10 has been subs. by the Karachi Port Trust (Amdt.)
Ordinance, 1960 (11 of 1960), s. 5, to read as above.
1[15B. Restriction on power of trustees to vote or discuss matters in which they
are interested. – A trustee shall not at any meeting of the Board or a Committee thereof take
part in discussion of, or vote on, any matter in which he has directly or indirectly , by himself
or his partner, any share or interest such as is described in section 15, or in which he is
interested either professionally on behalf of a client or as agent for any person.]
REMUNERATION OF TRUSTEES
16. Remuneration of Chairman to be fixed by Government. 2[(1) The
Chairman’s remuneration and other conditions of service shall be determined by the 3[Federal
Government].
4[(2) Fees payable to other trustees. Every trustee, other than the Chairman,
who attends a meeting of the Board , at which a quorum is present and business is transacted,
shall be paid such fees as is admissible to Director of Joint Stock Companies subject to a
maximum of one thousand rupees.]
PROCEEDINGS OF BOARD
17. Provisions concerning the Board’s proceedings. The following provisions
shall be observed with respect to the proceedings of the Board (namely):-
(1) Vacancy not to affect Board’s proceedings. During any vacancy in the
Board the continuing trustees may act as if no vacancy had occurred.
(2) Board to meet together and arrange for transaction of business. The
Board shall meet together and shall from time to time make such arrangements not
inconsistent with this Act, with respect to the place, day, hour, notice, management and
adjournment of such meetings, and generally with respect to the transaction of business as
they think fit subject, to the following conditions (namely):-
(a) Two ordinary meetings in each month. That two ordinary meetings at least
shall be held in every month.
1 S. 15B ins. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s. 8.
2 Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 11, for sub -section (1).
3 See foot-note 2 on page 3, supra.
4Subs. omitted by Ord. No. 31 of 2000, s. 4 (w.e.f 2-7-97).
(b) Special meetings. That the Chairman may, whenever he thinks fit and shall, upon
the written request of not less than three trustees, call a special meeting;
(c) Quorum. That no business shall be transacted at any meeting unless at least four
trustees are present from the beginning to the end of such meeting.
(d) Meeting to be presided over by the Chairman. That every meeting shall be
presided over by the Chairman, if he is present at the time appointed for holding
the same, and if he is absent, by the Vice-Chairman or, in his absence, by such one
of the trustees present as may be chosen by the meeting;
(e) Questions to be decided by a majority of votes . That all questions shall be
decided by a majority of votes of the trustees present, the president having secon d
or casting vote in all cases or equality of votes.
(f) Votes to be recorded if a poll is demanded. That if a poll be demanded, the names
of the trustees voting and the nature of their votes shall be recorded by the President;
(g) Minutes of proceedings. That minutes shall be kept of the names of the trustees
present and of the proceedings at each meeting in a book to be provided for this
purpose which shall be signed, as soon as practicable, by the president of such
meeting, and shall be open to inspection by any trustee during office hours.
1[(2A) The minutes of the meetings of the Board shall be open for inspection by any
member of the public on payment of such fees as may be fixed by the Board, and any member of
the public may obtain copies of the minutes o n payment of a copying fee prescribed for copies
obtainable from the offices of the Provincial Government : Provided that the Chairman may under
the direction of the Board refuse to allow access or give copies to any person of such portions of
the minutes as he may consider to be of a confidential nature.]
2[(3) Board may delegate powers to committees. The Board may appoint
committees consisting of such trustees as it thinks fit to examine and advise the Board on any
matter referred to the Committees and may also delegate to such committees such of its powers as
it may think fit. Any committee so formed shall conform to any instructions that may from time to
time be given to it by the Board and the Board may at any time discontinue or alter the constitution
of any committee so formed.]
1Sub-section (2A) ins. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 12.
2Subs.ibid., for sub-section (3).
(4) Committees’ meetings to be presided over by a Chairman. A committee
may elect a Chairman of their meetings, and if, no such Chairman is elected or if he is not present
at the time appointed for holding the same; the members present shall choose one of their members
to be Chairman of such meeting;
1[Provided that, if the Chairman is a member of the Committee, he shall be Chairman
thereof, and if he is not, but the Vice -Chairman is a member of the Committee, the Vice -
Chairman shall be Chairman thereof].
(5) Meetings of Committees . Committees may meet and adjourn as they think
proper, but he Chairman of the Board may, whenever he thinks fit and shall, upon the written
request of not less than two members of a committee, call a special meeting of such committee.
(6) Questions how to be decided at committees’ meetings . Questions at any
meeting of a committee shall be decided by a majority of votes of the members present, and in
case of an equal division of votes, the Chairman of the meeting shall have a second or casting
vote, but no business shall be transacted at any such meeting unless at leas t two-thirds of the
members of the Committee are present from the beginning to the end thereof.
(7) Acts of Board etc. not to be invalidated by informalities. No act of the Board,
or of any committee or of any person acting as trustees, shall be deemed to be invalid by reason
only of some defect in the appointment of such Board, committee or trustee, or on the ground
that they or any of them, were disqualified for the office of trustee.
18. Competency of the Board to lease, sell and transfer. – 2[(1)] The Board shall
be competent, subject to the restrictions contained in sub-section (2) to lease, sell or otherwise
transfer any moveable or immoveable property which may, for the purposes of this Act, have
become vested in or been acquired by them and so far as is not inconsistent with the provision
and purposes of this Act, and subject to the restrictions contained in sub-sections (3) and (4) to
enter into and perform all such contracts as they may consider necessary or expedient in order
to carry into effect the said provisions and purposes.
1 The proviso added by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914 ), s.6
2 Sub-sections (1) to (9) have been subs. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.10 for
the original first two paras.
Competency of Chairman to sell, transfer, etc.1[(1A) The Chairman shall be competent to sell,
transfer or otherwise dispose of any moveable property the depreciated value of which [does
not exceed five hundred thousand ] rupees and which in his opinion, is no longer required or
useful for the purposes of the Port.]
(2) Subject in certain cases to sanction of Government. In the case of every lease
of immoveable property for a term exceeding 2[twenty-five years with an option to renew for
a like period of twenty-five], in the case of every sale or other transf er of any such property,
the previous sanction of Government is required.
(3) Approval of Government to estimate when no pressing emergency and
expenditure involved exceeds rupees 3[two hundred fifty thousand ]. In the case of every
contract which will involve expenditure exceeding 3[two hundred fifty thousand ] rupees
not reported forthwith under section 67 4*** to Govt. as required for a pressing emergency
the previous and final approval of Government to an estimate at the time in force in which
provision is included for such expenditure is required.
(4) Sanction of Board on plan and estimate for new work costing over rupees 3[one
million]. In the case of every contract in respect of any new work, the estimated cost of
which exceeds 3[one million] rupees the sanction of the Board on a plan and estimate submitted
to, and considered and approved by them, is required.
(5) Sanction of Board by resolution requisite in certain cases. In the case-
(a) of a lease for a period exceeding one year, or of a sale or other transfer,
or contract for the purchase of any immoveable property.
(b) of every contract which will involve expenditure not covered by a
budget grant.
(c) of every contract the performance of which cannot be completed within
the official year current at the date of the contract.
The sanction of the Board by a resolution passed at a meeting thereof is required.
(6) Sanction of the Board when required to purchase or sale of moveable property.
In the case of a contract for the purchase of a moveable property, or for the sale of any
moveable property belonging to the Board, if the expenditure which the purchase would
involve, or the value of the property to be sold as estimate d in the accounts of the Board,
exceeds 3[one million] rupees the sanction of the Board is required.
1 Sub-section (1A) ins. by the Karachi port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.6.
2 Subs. by Ord. 11 of 1960 s.6, for “fifty” which had been subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom.
Act 1 of 1914), s.7, for “twenty-one”.
3 Subs. by Ord. 31 of 2000, s.5 (w.e.f. 2.7.1997).
4The words “through the commissioner” omitted by the Sindh Laws Regulation 1936 (6 of 1936), s.4 and Third Sch.
(7) Sanction by Chairman. In the case of every contract not otherwise provided for
in the preceding sub-sections of this section, the sanction of the Chairman, 1*** is required 5[:]
5[Provided that the Chairman may , by an order in writing , delegate all or any of his
powers under this section to an officer or officers as he may deem fit.]
(8) Mode of executing contracts. Every contract entered into by or on behalf of the
Board other than a contract to which sub -section (7) applies shall be in writing, and shall be
signed by the Chairman and two other trustees , and shall be sealed with the common seal of
the Board.
Every contract to which sub-section (7) applies shall be executed by the Chairman, or
by such officer mentioned in sub-section (7) as is empowered to sanction such contract, in such
manner and form as, according to the law for the time being in force would bind the Chairman
or officer if such contract were executed by him on his own behalf.
(9) Invalidity of contracts unless requirements of this section are fulfilled. No
contract shall be binding on the Board in any case referred to in this section, unless all such
requirements as are specified in sub -sections (2), (3), (4), (5), (6) and (7) in respect of such
case are fulfilled, and unless it is executed in accordance with the provisions of sub-section
(8) applicable thereto:
Provided, that the signatures of the Chairman and two other trustees may be engraved,
lithographed or impressed by any mechanical process on coupons attached to debentures which
the Board is at any time authorized to issue under 2[this Act] and the signatures so engraved,
lithographed or impressed shall have the same validity as they were written in the proper
handwriting of the Chairman and other trustees.]
19. Board may compound for claims against them. – The Board may compound
or compromise for in respect of any claim or demand made against them, for such sum of
money, or other compensation, as they shall deem sufficient 3[:]
4[Provided that the Chairman may compound or compromise any claim or demand ]
5[not exceeding two hundred thousand rupees.]
1The words “or the Sanction of Port Engineer or Manager and Secretary, given in exercise of power in this behalf
conferred by the general or special orders of the Board or by special order of the Chairman” were omitted by the
Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 191), s.7.
2Subs. by the Karachi Port Trust (Amdt.) Act, 1909 (Bom. Act 2 of 1909), s.1, for “the Local Authorities Loan Act,
1879 or other law for time being in force”.
3Subs. by the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.7, for the full -stop.
4Proviso added ibid.
5Subs.& added by Ord.31 of 2000, ss. 5 & 6 (w.e.f. 2.7.1997).
THE CHAIRMAN AND VICE-CHAIRMAN
20. Duties of Chairman. The Chairman shall –
(1) attend every meeting of the Board, unless prevented by sickness or other
reasonable cause;
(2) exercise supervision and control over the acts and proceedings of all officers
and servants of the Board in matters of executive administration and in the
matters, concerning the accounts and records of the Board; and subject to the
regulations at the time being in force framed by the Board under section 22,
dispose of all questions relating to the service of the said officers and servants,
and their pay, privileges and allowances.
(3) furnish to Government a copy of the minutes of any of the Board’s proceedings
and any returns or other information which Government may from time to time
call for.
Duties of Vice Chairman. The Vice Chairman shall exercise such of the powers
and perform such of the duties of the Chairman as the Chairman from time to time deputes
to him.
1[Provided that such deputation shall be made only during the temporary absence
from duty, owing to illness or other cause, of the Chairman].
--------------------
1 The proviso added by the Karachi Port Trust (Amdt.) Act 1914 (Bom. Act 1 of 1914), s.8.
III – OF THE OFFICERS AND SERVANTS OF THE BOAFD
STRENGTH OF STAFF
21. Schedule of officers and servants, and of their pay and allowances, to be
prepared and sanctioned by the B oard. The Board shall from time to time prepare and
sanction a schedule of the staff of officers and servants whom they shall deem it necessary and
proper to maintain for the purpose of this Act. Such schedule shall also set forth the amount
and nature of the salaries, fees and allowances which the Board sanctions for each such officer
or servant.
1* * * * * * *
Provided –
Provisos.2[(1) that artisans, porters and labourers and mukaddams of
porters and labourers, persons temporarily employed in the Engineering department, and any
member of the staff engaged for a period not exceeding six months whose pay is not more than
rupees one hundred per mensem, shall not be deemed to be officers or servants within the meaning
of this section or section 22 clause (1) to (4) both inclusive, or of section 23,]
1The two paras following para 1 of s. 21 rep. by the Karachi Port Trust (Amdt.) Act, 1902
(Bom. Act 2 of 1902), s.11.
2Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s.14 for para (1) of the proviso.
(2) that, if an officer is lent to the Board by 1[the Government of a
Province or the 2[Federal Government] the Board shall make such contributions, if any, on account
of his pension and leave allowances as may be required by the rules in this behalf from time to
time in force, and shall not, except with the consent of 1[the lending Government], dispense with
his further services at any time without giving 1[the lending Government ] six months’ previous
notice.
3* * * * * * *
22. Board to frame regulations . 4[The Board may with the prior sanction of the
5[Federal Government],] frame regulations-
1. for regulating leave ; for regulating the grant of leave to the officers and
servants of the Board;
2. for setting absentee allowances; for authorizing the payment of allowances to
the said officers and servants or to the certain of them whilst absent on leave;
3. for fixing acting allowances ; for determining the remuneration to be paid to
the person appointed to act for any such officers or servants during their absence
on leave;
4. for regulating length of services ; for regulating the period of service of all
such officers and servants;
5. for fixing pensions etc.; for determining whether any of the said officers and
servants, and, if so, which of them, shall on retirement receive pension,
gratuities or compassionate allowances, 6* * * and the conditions under which
such pensions, gratuities or compassionate allowances shall be payable and the
amount of the same;
7[(6) for authorizing contributions to provident fund; for authorizing the payment
of contributions at certain prescribed rates and subject to certain prescrib ed
conditions to any provident fund which may be established by the Board for the
benefit of its officers (including such officer as may be appointed by the
5[Federal Government] to act as Chairman) and servants of which with Board’s
approval may be established by its officers and servants themselves;]
1Subs. by the Sind Law Regulation, 1936 (6 of 1936), s.4 and Third Sch., for “Government”.
2Subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974), s.2, for “Central Government” which had been subs.
by A.O., 1937, for “Government of India”.
3Cl. (3) omitted by Sind Reg.6 of 1936, s.4, and Third Sch.
4Subs. by the Karachi Port Trust (Amdt.) Ordinance, 1960, (11 of 1960), s.8, for “Board shall from time to time”.
5See foot-note 2 on page 3, supra.
6The words, “and whether compassionate allowances shall be paid to the surviving relatives of any of the said officers
and servants who are killed in the execution of their duty, and if so, to which of them” rep. by the Karachi Port Trust
(Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.12.
7Subs. by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s. 15, for sub-section (6).
1[(7) Determining conditions of grant of wound pensions or compassionate
allowances. For determining the conditions under which pensions, gratuities or
compassionate allowances may be paid to any of such officers and servants
injured, or to the surviving relatives of any such officers and servants killed in
the execution of their duty.]
2[(8) for regulating the conduct and the terms and conditions of service of the officers
and servants of the Board, and all other service matters including recruitment,
promotion, inquiries, punishments and appeals.]
3* * * * * * *
POWERS OF APPOINTMETN, ETC.
23. Appointments etc. by whom to be made . – 4[(1) Subject to the provisions of
the regulations made under section 22 and of the Schedule of officers and servants for the time
being in force, all administrative powers including those of appointment, promotion,
suspension and punishment of the officers and servants of the Board shall be exercised by -
(a) the Chairman, in respect of officers holding posts in Basic Pay Scale 16 to 18.
(b) the Board in respect of officers holding posts in Basic Pay Scale 19; and
(c) the Board, subject to the approval of the Federal Government, in respect of the
officers holding posts in Basic Pay Scales 20 and 21:
Provided that the Chairman may, by an order in writing, delegate all or any of his
powers under this sub-section to the respective Heads of Department or such other officers as
he may think fit.]
(2) In the case of an order passed by a Head of the Department or other officer in
exercise of the power delegated to him under sub-section (1) an appeal shall lie to the Chairman
and in the case of any other order under that sub-section to the 5[Federal Government] and the
orders of the Chairman or 5[Federal Government], as the case may be in, such appeal shall be
final.
1Cl. (7) added by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.12 .
2Cl. (8) added by the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.8.
3Proviso omitted ibid.
4Subs. by Ordinance 31 of 2000, s.7 (w.e.f. 2.7.1997).
5See foot-note 2 on page 3, supra.
(3) An appointment made in this section shall not be deemed to be a contract or
agreement within the meaning of section 18.]
1* * * * * * *
24. Orders and regulations for officers. – 2[ Every order or regulation shall be
made by -
(i) the Chairman, in the case of officers in Basic Pay Scale 16 to 18;
(ii) the Board, in respect of officers holding posts in Basic Pay Scales 19; and
(iii) the Board, subject to the approval of the Federal Government, in respect of
officers holding posts in Basic Pay Scale 20 and 21.]
---------------------
1Fourth paragraph of section 23 omitted by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914), s.9 .
2Subs. by Ordinance 31 of 2000, s.8 (w.e.f. 2.7.1997).
IV. OF THE PROPERTY AND LIABILITIES OF THE BOARD
GENERAL POWERS AS TO PROPERTY
25. Powers of Board as to property . – The Board shall , for the purpose of this
Act, have power to acquire and hold moveable and immovable property whether within or
without the limits of the port or city of Karachi.
1* * * * * * *
26. Procedure to be observed when the Board are unable to acquire , by
agreement, any immovable property. – When the Board are unable to acquire, by agreement,
any immovable property required for the purposes of this Act, 2[the 3[Federal Government]]
may, 4* * * order proceedings to be taken for acquiring the same on behalf of the Board as if
such property were land needed for a public purpose within the meaning of the Land
Acquisition Act, 1894 (1 of 1894).
The amount of compensation awarded and all other charges incurred in the acquisition
of any such property shall be forthwith defrayed by the Board, and thereupon the said property
shall vest in the Board.
27. Transfer of Government property to the Board . – 5[(1) The property
specified in schedule A shall 6* * * vest in the Board.
Provided that –
(i) if any question arises between 2[the 3[Federal Government]] and the Board as
to the boundaries of any portion of such property, Government may define and
demarcate such boundaries, and the decision of Government in respect to such
boundaries 7* * * shall be conclusive;
1The remaining portion of section 25 was rep. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902),
s.13.
2Subs. by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch., for “Government”.
3The original words “Local Government” successively amended by A.O., 1937 and the K arachi Port Trust (Second
Amdt.) Act, 1950 (42 of 1950), s.16, has been subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974) , s.2,
to read as above.
4The words “in their discretion” omitted by A.O., 1937.
5S.27 re-numbered as sub-section (1) of that section by Act 42 of 1950, s.17.
6The words and figures “upon and after the date notified by the Government under section 10” rep. by Bom. Act 2
of 1902, s.14.
7The words “when approved by the Governor -General-in-council” omitted by Sind Reg. 6 of 1936, s.4 and Third
Sch.
(ii) any portion of the land specified in the said schedule which shall be required by
1[the 2[Federal Government]] for a public purpose may be resumed by 1[the
2[Federal Government], 3* * * without claim to compensation on the part of
the Board, except for buildings or other permanent structures erected thereon.
4[(2) Nothing in clause (ii) of the proviso of sub-section (1) shall apply to land
reclaimed from harbour waters, and the Board shall be co mpensated for any improvements
effected by it on any land resumed under that clause.]
(3) The railway now under construction between the Bander station and the
Keamari station may be constructed by Government along the foreshore or on reclaimed land and
any other work which the 5[Federal Government], may consider necessary in the public interests
may be executed by Government in or upon any of the property specified in the said schedule ,
without claim to compensation on the part of the Board except for building or other permanent
structures which it shall be necessary to clear away for the purposes of such railway or work.
28. Transfer to the Board of the Karachi Harbour Board’s liabilities and
claims. The loans specified in schedule B, which 6[were] contracted by the Karachi Harbour
Board an d have not yet been discharged, and all other debts and obligations incurred, all
contracts entered into, and all matters and things engaged to be done by, with or for the Karachi
Harbour Board, shall be deemed to have been incurred, entered into or engaged, to be done by,
with or for the Board;
and all sums of money due to the said Karachi Harbour Board shall be deemed to be
due to the Board;
and all suits or other legal proceedings, civil or criminal, instituted, or which might, but
for the passing of this Act, have been instituted, by or against the said Karachi harbour Board,
may be continued or instituted by or against the Board.
7[28A. Special provisions as to the liabilities of the Board to the Corporation.
(1) The Board shall pay annually on the thirtieth day of September to the Municipal
Corporation of the City of Karachi in lieu of the general-tax and fire-brigade tax, if any, liviable
by the said Corporation in respect of the property or some portion of the property vested in the
Board which would otherwise be liable to be assessed to the said taxes a sum ascertained in
the manner provided in sub-sections (2) and (3).
1Subs. by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch., for “Government”.
2The Original words “Local Government” successively amended by A.O., 1937 and the Karachi port Trust (Amdt.)
Act, 1950 (42 of 1950), s.16, has been subs . by the Karachi Port Trust (Amdt.) Act, 1974 (45 of 1974),s.2,to read
as above.
3The words “with the approval of Central Government” as amended by A.O., 1937, has been omitted by Act 42 of
1950, s.17.
4Sub-section (2) added by Act 42 of 1950, s.17.
5Subs. by Act 45 of 1974, s.2 , for “Central Government” which had been subs. by A.O., 1937, for “Governor –
General-in-Council”.
6Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914),s .11, for “have been”.
7Subs. by the City of Karachi Municipal Act, 1933 (Bom. Act 17 of 1933), s.109, for s.28A.
(2) The annual value of the buildings and lands in the City of Karachi (as defined
in the City of Karachi Municipal Act, 1933) vesting in the Board in respect of which the said
taxes would be leviable from the Board shall be fixed from time to time by Government. The
said value shall be fixed with a general regard to the provisions contained in the City of Karachi
Municipal Act, 1933, concerning the valuation of property assessable to property taxes, at such
amount as Government shall deem fair and reasonable. Every such decision of government
shall hold good for a term of five years subject only to proportionate variation, if in the
meantime, the number or extent of the buildings and lands vesting in the Board materially
increases or decreases.
(3) The sum to be paid annually to the Municipal Corporation of the City of Karachi
by the Board shall be nineteenth-twentieths of the amount which will be payable by an ordinary
owner of buildings or lands in the City of Karachi on account of property taxes, on an annual
value of the same amount as that fixed under sub-section (2).
(4) Notwithstanding anything contained in sub -sections (1) to (3), it shall be
competent to the said corporation and the Board to agree in writing that the Board shall pay to
the said Corporation in lieu of the sum payable under sub -section (1) on such terms and
conditions, as may be mutually agreed a sum ascertained otherwise than as provided in sub -
sections (2) and (3) and thereupon the B oard shall pay to the said Corporation in lieu of the
sum mentioned in sub-section (1) the sum so ascertained accordingly.
(5) Except as hereinbefore, in this section provided, nothing shall affect the liability
of the Port Trust property to any tax which may lawfully be imposed by the said Corporation
in the City of Karachi.].
--------------------
V. – OF THE POWERS AND DUTIES OF THE BOARD WORKS
29. Works to be constructed. The work to be constructed and carried out by the Board
may include the following:-
(1) wharves ; quays, stages, jetties, piers and docks with all necessary and convenient arches,
drains, landing-places, stairs fences, roads railways and approaches ;
(2) tramways, warehouses, sheds, engines and other appliances for conveying, receiving and
storing goods landed or to be shipped, or otherwise.
(3) lighthouses, light-ships, beacons, pilot-boats, and other appliances necessary for the safe
navigation of the port and of the approaches thereto within a distances of three miles from
the limits of the port ; 1[and with the sanction of Government as to the funds to be
contributed by the Board for the purpose, lighthouses beyond the said distance at the
mouths of the Indus and at Cape Monze or the maintenance and lighting thereof];
(4) laying down moorings and the erection of cranes, scales and all means and appliances
necessary for berthing, loading and unloading vessels ;
(5) reclaiming, excavating, enclosing and raising any part of the foreshore of the port vested
in the Board;
(6) the construction, procuring and application of dredges and other machines for cleanin g,
deepening and improving any portion of the port or foreshore aforesaid ;
(7) procuring and employing 2[vessel] for lowing vessels into, out of or within the port.
(8) the construction of such works, without the limits of the port, as shall be necessary for the
protection of works executed by the Board within the port, and all such other work and
appliances as may, in the opinion of the Board, be necessary or desirable for carrying out
the purposes of this Act;
3[(9) the extinguishing of fires on the property of the Board and the equipment, maintenance
and use of engine for that purpose;
(10) the equipment of vessels , 4[tugs] or other boats and their use as well within the limits of
the port as on the high seas beyond those limits, and whether in territorial waters or
otherwise for the purpose of lowing or rendering assistances to any vessel whether entering
or leaving the port or bound elsewhere, and for the purpose of saving or protecting life or
property;.
(11) the supply of water to shipping in the port, and the equipment, maintenance and
use of boats and barges for that purpose;
(12) the extinguishing of fires in the port, and the equipment, maintenance and use of
engines for that purpose:
1Ins.by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.16 (1).
2Subs. by Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.11 for “steam-vessel”.
3Cls. (9), (10), (11) and (12) ins. by Bom. Act 2 of 1902, s.16(2).
4Subs. by Ord. 11 of 1960, s.11, for “steam tugs”.
1[Approval of the Board and Government for Commencing new works . Provided
that no new work the estimated cost of which exceeds one million rupees shall be commenced
by the Board on self-finance basis until a plan and an estimate of such work has been submitted
to the Board and considered and approved by it:
Provided further that where the work involves public sector development program
allocation or foreign assistance or Government guarantees, it shall require prior approval of
the Federal Government.]
1[29A. Lease, transfer of works, etc.—In order to carry out the purpose of this Act,
the Board of Trustees
(a) may, with the approval of the Federal Government, rent, lease, buy, own
acquire, mortgage and dispose of such property, real or personal, as the Board
may deem proper to carry out the purposes of this Act;
(b) may acquire, construct, maintain, equip and operate wharves, docks, ship piers,
quays, elevators, compressors, refrigeration storage plants, warehouses and
other structures and all other facilities needful for the convenient use of the
same in the ai d of trade and commerce being national requirement, including
the dredging of approaches thereto and the construction of belt line roads,
highways, bridges and causeways being necessary or useful and shipyards,
shipping and transportation facilities useful or convenient for the use thereto
including terminal railroads, on self-finance basis:
Provided that where such works require foreign assistance or
Government guarantees, prior approval of the Government shall be obtained,
(c) may make rules and regulations governing the business of Karachi Port property
or facilities, including the adoption of safety standards and insurance coverage
or proof of financial responsibilities, and shall provide for the licensing of
persons, firms or corporation using or doing business on such property or
facilities, and license fees to cover the expense thereof. Licenses
may be revoked after notice and hearing by the Board as may be prescribed on
willful breach of or failure to comply with such rules and regulations; and
(d) may entrust, transfer, lease or assign works referred to in section 29 to any other
person, agency, department, company, or contractor on such terms and
conditions as the Board may prescribed or on partnership, joint venture or
sharing basis as may be mutually agreed to between the Board and the person,
contractor or agency with prior approval of the Federal Government:
1Subs. by Ord. 30 of 2001, ss 3-4.
Provided that such person, agency, department, company or contractor
shall abide by all rules, regulations and instructions made or issued under this
Act:
Provided further that nothing in this section shall prevent the Board
contracting out any or all of the services or works as provided in section 29.”
29B. Board may form independent subsidiary company . For carrying out he
purposes of this Act, the Board may with the prior approval of the Federal
Government, form an independent subsidiary or company to be incorporated
under the Companies Ordinance, 1984 (XLVII of 1984), which may or may not
involve outside participation.]
30. Free landing places to be provided. The Board shall provide such number
of public landing places as shall, in the opinion of the 1[Federal Government] be sufficient,
from and upon which the public shall be permitted to embark and to land free of charge.
31. Removal of bathing and landing -places. The Board may occupy or remove
or alter any bathing -place or landing -place within the port, and prohibit the public from
resorting to or using the same: Provided that the Board shall provide for the use of the public
such other bathing-places or landing-places, if any, as the 1[Federal Government] may direct.
LANDING AND SHIPPING OF GOODS
32. Appliances for shipping etc. for seagoing vessels . The Board shall, so far as
the funds at their disposal will allow, provide and maintain wharves, quays, stages, jetties,
piers, warehouses, sheds and appliances for the expeditious and convenient shipment and
landing of goods in and from seagoing vessels within the port and for the storing of such goods,
and shall by their servants land and ship all goods, from and in any such vessel coming to any
such wharf, quay, stage, jetty or pier 2[or standing in the stream] except where there is lawful
excuse for refusing to land or ship such goods or such vessel is under any enactment for the
time being in force, not entitled to have her cargo shipped or discharged.
Provided that –
(1) the Board shall not be bound to land, ship or move any single article or package
exceeding ten tons of twenty hundred-weight, in weight except at such special
charge as may be agreed on in respect of such article or package ;
1See foot-note 5 on page 16, supra.
2Ins. by Act 42 of 1950, s.19.
(2) the Board may, by special agreement with the masters of vessels or the owners
of goods, permit goods to be landed and shipped y other than the servants of the
Board but every such permission shall be subject to the condition that the means
to be employed and the appicances to be used by the said masters or owners for
landing or shipping goods shall be subject to the approval of the Board, whose
duty it shall be to satisfy themselves that the said means and appliances are at
all times such and in such conditions as not to endanger the lives or safety of
the persons employed.
(3) 3[the Board shall be competent to enter into lease concessions, management
agreements or other arrangements with outside parties to provide for cargo
handling, terminal operation and any other works or services in the port.]
33. Seagoing vessels compelled to use wharves, etc. When any wharf, quay, stage,
jetty or pier has been made and completed, with sufficient warehouses, sheds, and appliances
for landing or for shipping goods from and in seagoing vessels the board may, with the previous
sanction of the 1[Federal Government ], by a notification published in three consecutive
numbers of the 2[official Gazette] declare that such wharf, quay, stage, jetty or pier is ready for
receiving, landing and shipping or for landing or for shipping, as the case may be, goods from
and in seagoing vessels.
From and after such publication, the Board may from time to time, when there is room
at such wharf, quay, stage, jetty or pier, order to come alongside of such wharf, quay, stage,
jetty or pier, for the purpose of landing and shipping goods or for landing or for shipping the
same, as the case may be , any seagoing vessels within the port which has not commenced to
discharge cargo, or which, being about to take in cargo, has not commenced to do so. In making
such order the Board shall have regard, as far as possible, to the convenience of such vessel,
and of the shippers, in respect of the use of any particular wharf, quay, stage, jetty or pier.
34. If accommodation sufficient, all seagoing vessels compelled to use wharves,
etc. When a sufficient number of wharves, quays, stages, jetties, piers, warehouses, sheds ad
appliances have been provide as aforesaid, the Board may 3* * * direct that no go ods shall
be landed or shipped from or in any seagoing vessel within the port , save at such wharves,
quays, stages, jetties and piers, and may in like manner, alter, vary or revoke any such order;
Provided that it shall be competent to the Board at any tim e to exempt any specified vessel
from the operation of any order made under this section.
1See foot-note 5 on page 16, supra.
2Subs. by A.O., 1937, for “Gazette of India”.
3Added & Omitted by Ord. 30 of 2001, s.6.
35. Power to order vessels not to come. alongside of or to be removed from
wharves, etc . 1[An officer appointed by the 6[Chairman] in this behalf ] may in cases of
emergency, or for any reason which appears to 2[him] sufficient, by notice in writing, order the
master or owner of any vessel not to bring such vessel alongside; of or to remove such vessel
from any wharf, quay stage, jetty or pier belonging to the 6[Chairman] and, if such notice is
not obeyed, the 6[Chairman] may charge in respect of such vessel such sum as they think fit,
not exceeding 6[two hundred thousand] rupees for each day of twenty-four hours, or portion of
such day, during which such vessel remains at such wharf, quay, stage, jetty or pier:
Provided that in the case of a vessel ordered to be removed such charge shall not
commence to be made till after the expiry of 2[twelve hours from the service of such notice as
aforesaid] on the mater or owner of the vessel 6[:]
6[Provided further that no claim, whether financial or otherwise, against any order
issued under this section shall lie against the Board or, as the case may be the Chairman].
36. Power of Federal Government to exempt from obligation to use wharves,
etc., and. Notwithstanding anything contained in Section 33 and 34, the 3[Federal
Government] may, be notification in the 4[official Gazette], from time to time permit certain
specified vessels or classes of vessels to discharge or ship cargo, or certain specified cargo or
classes of cargo, at such part of the port, in such manner during such period, subject to such
payments and on such conditions as he may think fit, and otherwise grant exemption from the
provisions of such sections.
To require preference to be given to Government vessels . The 3[Federal
Government] may also by like notification cancel or modify any such notification.
The 3[Federal Government] may also at any time require that any vessel belonging to
or in the service of the 3[Federal Government] shall be permitted to come alongside of any
wharf, quay, stage, jetty or pier belonging to the Board in preference to all other vessels at the
time in port; and it shall be incumbent on the Board to give effect to any such requisition.
37. 6[Discharge of liability on goods landed. Whenever any goods are landed by
the Board from any vessel, the Board shall, if so require, give to the Master of such vessel a
receipt in the form of a provisional out turn report within seventy-two hours of the completion
of the discharge of the vessel:
Provided that –
(a) the liability of the Board in respect of the goods on such vessel shall
not exceed the value thereof specified in the bill of landing:
(b) The receipt shall relate only to the outward appearance of packages and
shall not be construed as relating to the contents or the state of contents
of the packages;
1Subs. by the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s.12 for “five hundred” which had been subs. by Karachi Port Trust
(Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.17, for “one hundred”.
2Subs. by Bom. Act 2 of 1902, s.17, for “thirty-six hours from service of the Board’s notice”.
3See foot-note 5 on page 16, supra.
4Subs. by A.O., 1937, for “Gazette of India”.
5Subs. by the Karachi Port Trust (Amdt.) Act , 1974 (45 of 1974), s.2, for “Central Government” which had been subs. by A.O ., 1937, for
“Government of India”.
6Subs & Ins. & added & omitted by Ord. 31 of 2000 (10 of 2.7.1997) ss.11.12
(c) The receipt shall specify the number of packages and shall not relate to
weight and their measurement;
(d) The receipt shall not give the number of small articles, loose cargo or
goods in bulk:
Provided further the Board shall not be liable for any loss, destruction or damage to
any goods accruing from
(a) Fire flood or reasons beyond human control;
(b) And act of God
(c) An act of war
(d) Seizure under any legal process
(e) Quarantining restrictions; and
(f) Riots or civil commotions.
6[37A. Landing in case of emergency, etc. – In case of any emergency, including war,
navigational and environmental hazards, storms and nature calamities, the Board may by order
in writing and with the previous approval of the Federal Government , allow any goods to be
landed from any vessel in the custody of any person, company, agency or terminal operator till
delivery of such goods to the lawful claimant on such terms and conditions as it may deem fit.]
6Subs & Ins. & added & omitted by Ord. 31 of 2000 (10 of 2.7.1997) ss.11.12
CUSTOMS – WHARVES ETC.
38. Accommodation to be provided for customs officers in wharves etc.
appointed under Sea Customs Act. When Government appoint, under the provisions of any
Act for the levy of sea custom dut ies, any wharf, quay, stage, jetty, pier, warehouse or shed
provided under this Act for the use of seagoing vessels to be a wharf for the landing or shipping,
or a warehouse for the storing of goods within the meaning of such Act, the Board shall set
apart, maintain and secure on or in such wharf, quay, stage, jetty, pier, warehouse or shed such
portion thereof or place therein, or adjoining thereto, for the use of the officers of customs as
the 1[Federal Government] approves or appoints in that behalf.
39. Dues at 2[Customs and other Government departments or functionaries ]
wharves etc. Notwithstanding th at any wharf, quay, stage, jetty, pier, warehouse or shed or
portion thereof has, under the provisions of the last section, been set apart for the use of the
officers of 2[Customs and other Government departments or functionaries] all dues, rates, tolls,
charges and rents 2[including charges on account of use of utilities like electricity, water and
telephone.] payable under this Act, in respect thereof, or for the use thereof, or for the storage
of goods therein, shall be paid and be payable to the Board or to such persons as they may
appoint to receive the same.
ERECTION OF WHARVES, ETC., BY PRIVATE PERSONS
40. Private wharves, etc. , prohibited. Save as hereinafter provided , no person
except the Board shall make, erect of fix below high -water mark within the port any wharf,
dock, quay, stage, jetty, pier, erection or mooring.
Any matter or thing so made, erected or fixed may be removed by the Board, and the
person who has so made, erected or fixed any such matter or thing shall be punished with fine,
which may extend to one thousand rupees, and with a further fine which may extend to one
hundred rupees for every day during which such matter or things has been permitted to
remain so made, erected or fixed after notice to remove the same has been given to him, and
shall also be liable to pay all expenses which may have been incurred by the Board in removing
such matter or thing.
41. Power to permit erection of private wharves, etc. , within the port subject
to conditions. The Board may, by an order in writing and subject to the conditions contained
in the same, permit any person to make, erect or fix below high-water mark within the port any
wharf, dock, quay, stage, jetty, pier, erection or mooring.
42. Wharves, etc., beyond port limits. in case any wharf, dock, quay, stage, jetty,
pier, erection or mooring is, after the date on which this Act comes into force, without the
written consent of Government, made, erected or fixed below high -water mark without the
limits of the time being of the port, and thereafter the limits for the port are extended so as to
1See foot-note 5 on page 16, supra
2Subs. & Ins. by Ord. No 31 of 2000 s.15 (w.e.f. 2.7.1997).
include the place in which such wharf, dock, quay, stage, jetty, pier, erection or mooring has
been made erected or fixed, the Board may remove, fill up or destroy such wharf, dock, quay,
stage, jetty, pier, erection or mooring without making any compensation therefore.
RATES
43. Scale of tolls and charges to be framed. The Board shall frame and may
from time to time alter -
(a) a scale of tolls, dues, rates and charges for the landing and shipment of goods of the
wharves, quays, stages, jetties and piers , and for the st oring and keeping of a ny goods
stored in any premises belonging to the Board and for the removal of goods and for the use
of any mooring 1[:]
1[Provided that no goods shall be released on credit;]
(b) a scale of tolls for the use of the said wharves, quays, moorings, stages, jetties and piers,
in case the Board permit the goods to be landed or shipped by others than their own
servants; 1*
(c) A scale of charges for any services to be performed by the Board or their servants in
respect of any vessel or goods, or for the use of any works or appliances to be provided
by the Board 1[;and]
2* * * * * * *
(d) 1[A scale of charges and fees for vessels entering port limit or approaches for the
purpose of anchoring or victuals.]
1Subs., added & omitted by Ord. No 31 of 2000, s.16, (w.e.f. 2.7.1997).
2The last two paras of s.43 rep. by the Karachi Port Trust (Amdt.) Act No, 1902 Act 2 of 1902), s.18.
1[43A. Scale of charges for use of dock, etc. The Board may also frame, and from
time to time alter, a scale of charges to be levied.
(a) for the permission to use, and for the use of any dock in the possession of the
Board and for the services which the Board renders to , and for gear, tackle,
tools, instruments, utensils, staging or materials supplied by the Board for the
purpose of any vessel using, or any person working in any such dock.
(b) Subject to the provisions of section 29 for the use of water -boats, barges and
fire engines belonging to or maintained by the Board and for water supplied by
the Board in accordance with the provisions of section 29; and
(c) For the towing of and rendering assistance of the nature referred to in clause
(10) of section 29 to vessels outside the limits of the port.
1 section 43A Ins. by Karachi Port Trust (Amdt.) Act No, 1902 Act 2 of 1902), s. 19.
1[43B. Scales framed under last two sections to be submitted to Government for
sanction – Every scale framed and every alteration of a scale made by the Board under either
of the last two sections proceeding shall be submitted to Government for sanction and when
so sanctioned and published in the official Gazette shall have the force of law.]
44. Tolls and charges may be remitted in special cases – The Board may in
special cases with the previous sanction of the 2[Federal Government] remit the whole or any
portion of tolls, due, rate or charge leviable 3[according to any scale for the time being in force]
under the last preceding section.
4[Provided that the sanction of the Federal Government shall not be necessar y if the
remission in any one case does not exceed such maximum limit as may be notified by the
Federal Government in the official Gazette]:
5[Provided further that the Board may direct that their powers under this section shall,
in such circumstances and subject to such conditions, if any, as they may specify, be
exercisable also by the Chairman or an officer specified by them.]
45. (Tolls on troops) Rep. by Bom. Act II of 1901.
46. Board’s lien for tolls and charges. For the amount of all tolls, dues, rates and
charges leviable under this Act in respect of any goods; the Board shall have a lien on such
goods, and shall be entitled to seize and detain the same until such tolls, dues, rates and charges
are fully paid 6[and for the amount of rent lawfully due on buildings, plinths, stcking areas and
other premises, the property of the Board, and not paid after bills therefore have been duly
preferred, the Board shall have a lien on all goods, therein or thereon, and shall be entitled to
seize and detain the same].
1Subs.by Ord. No. 30 of 2001, s.7.
2See foot note 5 on page 16, supra.
3Ins. by the Karachi Port Trust (Amdt.) Act, 1902 Act No. 2 of 1902),s. 20.
4Proviso which was added by the Karachi Port Trust (Second Amdt.) Act, 1950 (42 of 1950), s.20 and subsequently
amended by Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960),s 13 has been substituted by Karachi Port
Trust (Amdt.) Act, 1974 (45 of 1974), s.3, to be read above,
5Provisio which was added by Ord. No. 11 of 1960, s. 13, has been subs. by Act No. 45 of 1974, s.3, to be read above.
6Ins. by Karachi Port Trust (Amdt.) Act, 1914, s. 13.
Tolls, dues, rates and charges in respect of goods to be landed shall become payable
immediately on the landi ng of the goods and in respect of goods to be removed from the
premises of the Boar d or to be shipped for export, shall be payable before the goods are
removed or shipped.
The lien for such tolls, dues, rates and charges shall have priority over all other liens
and claims, except a lien for freight primage and general average, where such lien has been
preserved in the manner hereinafter provide d and a lien for money payable to 1[the 2[Federal
Government] under any law for the time being in force.
47. Owner’s lien for freight. If the master or owner of any vessel, at or before the
time of landing from such vessel of any goods at any wharf, quay, stage, jetty or pier, gives to
the Board notice in writing that such goods are to rem ain in subject to a lien for freight,
primage or general average of an amount to be mentioned in such notice, such goods shall
continue liable, after the landing thereof, to such lien.
Such goods shall be retained either in the warehouses and sheds of the Board, or, with
the consent of the Chief Officer of Customs, in a public warehouse, at the risk and expenses of
the owner of the said goods, until the lien is discharge as hereinafter mentioned.
48. Discharge of ship owner’s lien for freight. Upon the production to any officer
appointed by the Board in that behalf of a document purporting to be a receipt for, or a release
from, the amount of such lien, executed by the person by or on whose behalf such notice has
been given, the Board may permi t such goods to be removed without regard to such lien :
Provided they shall have used reasonable care in respect to the authenticity of such document.
49. Goods may be removed to warehouse . Whenever goods, which have been
landed have, without any default on the part of the Board, been left for five clear days on or in
any wharf or shed belonging to the Board, the Board may cause such goods to be removed
either to any warehouse belonging to them, or, with the consent of the Chief Officer Customs,
to a public warehouse; and the removal to and detention in any such warehouse shall be at the
risk and expense of the owner of the said goods.
3[Whenever any goods are so removed, the Board, shall give notice of such removal to
the consignee or other person concerned b y notification in the official Gazette specifying
therein the name of the ship which brought the goods, the date of her arrival, and the numbers,
marks and descriptions of the goods so far as the same appear; and the consignee of such goods
or other person to whom notice has been given as aforesaid, in addition to the expenses of the
removal of the same, shall be liable, in case the goods are removed to any warehouse of the
Board, to a charge for warehousing for the time during which the goods shall remain in the
said warehouse.]
1Subs. by Federal Laws(Revision and Declaration) Act, 1951 (26 of 1951), s.5 and Fourth Sch., for “Her Majesty or the Secretary of State
for India in Council”.
2See footnote 2 on page 3, supra.
3this original para of s.49 has successively been amended by the Karachi Port Trust (Amdt.) Act, 1902 (Bombay Act 2 of 1902), s.21, A.O.
1937 and the Karachi Port Trust (Second Amdt.) Act, 1950(42 of 1950), s.21, to be read as above.
It the goods are removed to a public warehouse the said consignee shall be liable to the
charges for warehousing goods in such public : warehouse and the said goods shall remain
subject to all liens to which they would have been liable if they had remained in the possession
of the Board, and shall be subject to the power of sale, hereinafter given.
50. Recovery of toils and charge by sale of goods . If the toils, dues rates and
charges payable to the Board under this Act in respect of any goods which have been landed
1[or if rents due under section 46] are not paid, or if the lien for freight, primage or general
average, where such notices as aforesaid has been given, is not discharged, the Board may, and
in the latter event, if required by or on behalf of the person claiming such lien for freight,
primage or general average, shall at the expiration of 2[two months] from the time when the
goods were placed in their custody, 3[or seized and detained for rents due] sell by public auction
the said goods, or so much thereof as may be necessary to satisfy the amounts hereinafter
directed to be paid out of the produce of such sale.
Before making such sale at least ten days’ notice of the same shall be given by
publication thereof in the 4[official Gazette] and in two local newspapers.
If the addressed of the consigned of the goods or of his agent has been stated on the
manifest of the cargo, or in any of the documents which have come into the hands of the Board,
or is otherwise known, notice shall also be given to the consignee of the goods or to his agent
by letter delivered at such address or sent by post; but the title of a bonafide purchaser of such
goods shall not be invalidated by reason of the omission to send such notice, nor shall any such
purchaser be bound to inquire whether such notice has been sent.
Provided that, if such goods are of so perishable a nature as, in the opinion of the officer
appointed by the Board in that behalf to render early or immediate sale necessary or advisable,
the Board may within such period being not less than twenty -four hours after the landing of
the goods, as they think fit, sell by public auction the said goods or such portion of them as
aforesaid, in which event such notice, if any, shall be given to the consignee of the goods or
his agent as the urgency of the case admits of.
1Ins. by the Karachi Port Trust (Amdt.) Act, 1914 (Bombay Act No. 1 of 1914), s. 14.
2Subs. by the Karachi Port Trust (Amdt.) Act, 1950(23 of 1950), s.3, for “Four months”.
3Ins. by the Karachi Port Trust (Amdt.) Act, 1914(Bombay Act No.1 of 1914), s. 14.
4Subs. by A.O., 1937, for “Sind official Gazette”.
1[50A. 2[Removal of unclaimed goods . (1) When delivery of goods placed in the
custody of the Board is not claimed by the owner before the expiration of such period as may
be prescribed by by-laws made under this Act, the Board shall cause a notice to be served upon
the owner requiring him to remove the goods within such period as may be specified in the
notice].
(2) Such notice shall be published and served in the manner prescribed in paragraph
2, 3 and 4 of section 50 but where the owner is not known or the notice cannot be served upon
him or he does not comply with the notice, the Board may sell the goods by public auction
after the expiration of 3[thirty days] from the date on which such goods were placed in the
custody of the Board as may be prescribed by by-laws made under this Act.]
(3) The 4[Federal Government] may, by notification in the official Gazette,
exempt any goods or class of goods from the operation of this section.]
51. Application of sale proceeds. The proceeds of every such sale shall be
applied as follows:-
(a) in payment of the expenses of the sale;
(b) In payment, according to their respective priorities, of the liens and claims
accepted in section 46 from the priory of the lien of the Board;
1Section 50A ins. by Act No.23 of 1950, s.14.
2Subs. By the Karachi Port Trust (Amdt.) Act, 1974(45of 1974), s. 4. for sub-Section (1)
3Subs. By Ord. No. 31 of 2000 (w.e.f 2-7-97) s. 17.
4See foot note 2 on page 3, supra.
(c) In payment of the tolls, dues, rates and charges of landing, removing, storing
or warehousing, the same and of all other charges due to the Board in respect
thereof.
The surplus, if any, shall be paid to the1* * owner of the goods, or to his agent, on his
applying for the same; Provided such application be made within one year from the sale, or
reason be shown to the satisfaction of the Board why such application wa s not so made, and,
in case such application shall not be so made nor reason shown, such surplus be held by the
Board upon trust for the purposes of this Act.
52. Power to distrain vessels for the non -payment of rates, etc . – if the master
of any vessel in respect of which any tolls, dues, rates, charges o r penalties shall be payable
under this Act, or any bye-laws made in pursuance hereof refuses or neglects to pay the same
or any part thereof on demand, it shall, be lawful for the Board to distrain or arrest of their own
authority such vessel, and the tackle, apparel or furniture belonging thereto, or any part thereof
and detain the same until the amount so due shall be paid.
And, in case any part of the said rates or pena lties, or of the costs of the distress or
arrest or of the keeping of the same, shall remain unpaid for the space of fifteen days next after
any such distress or arrest shall have been so made, the Board may cause the vessel, or other
thing so distrained or arrested, to be sold, and with the proceeds of such sale may satisfy, such
tolls, dues, rate, charges or penalties and costs of sale remaining unpaid, rendering the surplus,
if any, to the master or such vessel on demand.
53. Port-clearance not to be granted till rates, etc, paid. – If the Board shall give
to the officer of Government, whose duty is to grant the port-clearance of any vessel, a notice
stating that an amount therein specified is due in respect of t olls, dues, rates, charges or
penalties chargeable under the Act, or any by laws or orders made in pursuance thereof, against
such vessel or the owner of master of such vessel, in respect thereof, such officer shall not
grant such port-clearance until the amount so chargeable shall have been paid.
2[53A. Alternative remedy by suit. – Notwithstanding anything contained in the eight
sections last preceding and in Section 77, the Board may recover by suit any tolls, dues, rates,
charges, damages, costs, or in case of sale the balance thereof, when the pr oceeds of sale are
insufficient or any penalties or fines payable to or recoverable by the Board under this Act or
under any by-laws made in pursuance thereof.]
54. Surplus of port-dues be paid to Board – The surplus, if any, of the moneys
credited under section 36 of the 3Indian Ports Act, 1889 to the account of the Port Fund of
Karachi, after defraying there from all expenses legally chargeable to the said account, shall
be paid to the Board.
1 The words “importer or” omitted by the Karachi Port Trust (Amdt.) Act, 1950 (42 of 1950), s. 22.
2 S. 53 A ins. By the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s. 22.
3 See now the Ports Act, 1908 (15 of 1908).
CONTROL OF PILOTS
55. Trustees to be vested with the right and privilege of maintaining pilots. –
The Board shall have right and privilege of maintaining pilots for the navigation of vessels at
the port and shall be bound to provide a sufficient number of pilots for that purpose, and all
fees for pilotage shall be paid to the Board: Provided that no person shall be appointed to be a
pilot by the Board who is not for the time being authorized by Government under the provisions
of the 1* Ports Act, 1889 to pilot vessels.
The Board may also, from time to time, make such by -laws and regulations as they
shall think fit –
(a) for fixing and regulating the wages and allowances for pilotage to be received by
pits, and
(b) for regulating the behavior and conducts of pilots 2[whether maintained by the
Board or not],
and shall enforce the observance of such by-laws and regulations by the imposition of
pecuniary penalties not exceeding 1[twenty thousand] rupees for each offence, or by
suspension; or deprivation of appointment, or otherwise as to them may appear expedien t;
Provide that such by-laws shall first have been approved by Government, and published in the
manner directed by section 57– 3[:]
3[ Provide further that the Board may allow or authorize any other person or body of persons
to exercise the right and privilege of maintaining pilots on the terms and conditions laid down
by the Board.]
1 Omitted & subs. by Ord. 31 of 2000 (w.e.f 2-7-97) s. 18.
2 Ins. By Bom. Act No. 2 of 1902, s.23.
3 Subs. & added by Ord. No. 30 of 2001, s.8.
BYE-LAWS
56. Trustees, empowered to make bye-laws – The Board may, from time to time,
make bye-laws, consistent with this Act and with the 1[Indian Ports Act, 1889] –
(a) for regulating, declaring and defining the wharves, quay, stages, jetties and piers,
on and from whi ch goods shall be landed from and shipped in vessels within the
port;
(b) for the safe and convenient use of such wharves, quay, stages, jetties, piers and of
landing places, tramways, warehouse, sheds and other works in and adjoining the
same;
(c) for regulating the reception and removal of goods within and from the premises of
the Board, and for declaring the procedure to be followed in taking charge of goods,
which may have been damaged before landing or may be alleged to be so damaged;
(d) for setting the mode o f payment of tolls, charges dues and rates levied under this
Act;
(e) for providing water for ships and for licensing and regulating water -boats within
the port;
(f) for the removal of wrecks from the port and keeping clean the port, the foreshore
and the works of the Board and for preventing filth or rubbish being thrown therein
or thereon;
(g) for the guidance of persons employed by them under this Act, and generally for
carrying out the purposes of this Act.
The Board may also from time to time alter or revoke any bye-laws so made by them.
1 See now the Ports Act, 1908 (15 of 1908).
57. Approval and publication of by -laws. – No bye -law, or alteration or
revocation of a bye -law, shall have effect until the same shall have been approved by
Government, and such approval shall have been published 1*** in the 2[official Gazette] and
no bye-law or alteration or revocation of a bye -law shall be approved by Government until a
draft of the same and a notice specifying a date at or after which the draft will be submitted to
Government shall have been published in the 2[official Gazette] and in such other manner as
Government from time to time prescribed nor unless the said draft shall have been submitted
for their approval 3***.
Cancelment by Government . – It shall be lawful for Government at any time by
notification1*** in the 2[official Gazette] to cancel any bye -law or regulation ma de and
published under the provisions of this and of the two last preceding sections.
58. Penalties for infringement of bye -laws. – The Board may, in the bye -laws
made under section-56, prescribed such penalties as they shall deem fit for the infringement of
the same: Provided that no penalty for any one infringement of a bye-law exceed 4[one hundred
thousand] rupees, nor in case of a continuing infringement, shall any penalty exceed 4[fifty
thousand] rupees per diem for every day after notice of such infringement shall have been
given by the Board to the person guilty of such infringement.
59. Bye-laws and scales of rate and charges to be exhibited . – The Board shall
cause the said bye-laws and every scale of tolls, dues, rates and charges leviable by the Board,
to be printed in the English, 5[Urdu], Gujrati and Sindhi Languages, and to be kept hung up in
some conspicuous place at each of the several wharves, quay, stages, jetties, piers, warehouses
and sheds belonging to the Board.
1The words “in the Bombay Government Gazette and” occurring twice, omitted by Federal Laws (Revision and Declaration) Act,
1951(26 of 1951), s.5 and Fourth Sch.
2Subs. by A.O., 1937, for “Sind official Gazette”.
3The words “through the commissioner” omitted by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch.
4 Subs. by Ord. 31 of 2000(w.e.f 2-7-97) s. 19
5Subs. by the Karachi Port Trust (Amdt.) Ordinance, 1960 (11 of 1960), s. 15.
1[VI. –– OF BORROWNIG POWERS
59A. Power to borrow . – The Board may, with the previous sanction of
Government2*** and after due notification in the 3[official Gazette], raise money required for
carrying out the purposes of this Act, provided that the dates within which any loan is to be
raised under this Act shall not be published or otherwise notified without the previous sanction
of the 4[Federal Government].
59B. Mode of raising money. – (1) All loans raised under this Act shall be raised on
the security of –
(a) the property now vested, or which may hereafter become vested in the Board, and
(b) the tolls, dues, rates, rents and charges leviable under this Act, less any sums set
apart by the Board as a sinking fund for the purpose of paying off loans.
5[(2) Borrowing powers. – The 6[Federal Government] 7***may,8*** from time to time,
advance money to the Board for the general purposes of this Act; or
The Board may after notification in the 3[official Gazette], raise money for the said
purposes or for the purpose of repaying, either in whole or in part, any moneys heretofore o r
hereafter borrowed or owing by the Board;
Provided that –
(i) No loan shall be raised without the previous sanction of Government 9***.
10* * * * * * *
(iii) No expenditure shall be charged by the Board to capital except with the
express sanction of Government.]
1This heading and sections 59A to 59I were ins. by the Karachi Port Trust (Amdt.) Act, 1902 (Bombay Act 2 of
1902), s. 2.
2The words “and of the Governor-General-in-Council” omitted by the Sind Laws Regulation, 1936 (6 of 1936) , s.4
and Third Sch.
3Subs. by A.O., 1937, for “Gazette of India”.
4See foot note 5 on page 16, supra.
5Subs.by the Karachi Port Trust (Amdt.) Act, 1914 (Bombay Act of 1914), s. 15, for the existing sub-section (2)
6Subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45of 1974), s.2, for “Central Government” which had been subs.
by Federal Laws (Revision and Declaration) Act. 1951(26 of 1951), s.5 and Fourth Sch. for “Governor-in-Council”.
7The words “acting on behalf of the Secretary of State for India in Council” omitted by A.O., 1937 .
8The words “with the previous consent of the Governor -General of India -in-Council” omitted by the Sind Laws
Regulation, 1936 (6 of 1936), s.4 and Third Sch.
9The remaining portion of cl.(i) omitted by the Sind Laws Regulation, 1936 (6 of 1936 ), s.4 and Third Sch.
10Cl.(ii) omitted ibid.
59C. Form and transferability of debentures. – (1) All debentures issued under this
Act shall be in such form as the Board, with the previous consent of the 1[Federal Government],
shall from time to time determine.
(2) The holder of any debenture in any form duly authorized under this section may
obtain in exchange therefore, upon such, terms as the Board shall from time to time determine,
a debenture in any other form so authorized.
(3) Every debenture issued by the Board shall be transferable in such manner as
shall be therein expressed.
(4) Right to sue on debentures. – The right to sue, in respect of moneys secured
by such debentures shall be exercisable by the holders thereof for the time being, without any
preference by reason of some such debentures being prior in date to others.
(5) Like remedies in respect of loans from Government . – The 2[Federal
Government] shall have, in respect of all loans made by 3[it] to the Board, the same remedies
as debenture-holders, but 4[it] shall not be deemed to possess any prior or greater rights in
respect of such loans than debenture-holders.
59D. Loans to be first charge on property and income of Board . – All loans
repayable by the Board, whether contracted prior to or after the commencement of this section,
shall, subject to the provisions of section 61, be a first charge on the income of the Board and
on the property now vested, or which may hereafter become vested, in the Board.
1See foot note 5 on page 16. Supra.
2The original word “Crown” as amended by A.O., 1937 and the repealing and Amending Ordinance, 1965(10 of
1965) s.3 and 2nd Sch, has been subs. by the Karachi Port Trust (Amdt.) Act, 1974 (45of 1974), s.2 , to read as
above.
3Subs. by A.O., 1937, for “him”.
4Subs. ibid., for “he”
59E. Loans to be raised in Pakistan and in Pakistan currency. – All loans contracted
by the Board shall be raised in 1[Pakistan, and in Pakistan currency], unless Government 2***
by notification otherwise direct.
59.F Establishment of sinking fund. –3[ (1) in respect of every loan raised by the
Board after the commencement of this section for a term exceeding one year (except a loan
taken from the Federal or Provincial Government, the Board shall provide a sinking fund.
Payment shall be made 4[annually] to such sinking fund ; and such payments shall be of such
amount as will be sufficient to liquidate the loan within 4[the period of loan] from the date of
the contracting of the same as the Federal Government may in each case direct].
(2) Application and investment of sinking fund. The Board may apply the whole
or any part of the sums accumulated in the sinking fund in or towards the discharge of the
money for the payment of which the fund has been established, provided that they pay into the
fund in each year and accumulated until the whole of the moneys borrowed are discharged; a
sum equivalent to the interest which would have been produced by the sinking fund, or the part
of the sinking fund so applied.
The sums so set apart a sinking fund shall be invested in public securities as defined by
section 69 of this Act, or in such other securities as Government may approve in this behalf,
and shall be held in trust for the purposes of this Act by the Board.
59G. Annual examination of sinking fund. – The sinking fund established for the
liquidation of any loan shall be subject to annual examination by the 5[Accountant General
Pakistan Revenues] who shall ascertain whether the cash and the value of the securities at the
credit of the fund are ac tually equal to the amount which would have been accumulated, had
investments been regularly made, and had the rate of interest as originally estimated been
obtained thereon.
The Board shall pay forthwith into the sinking fund any amount which the Accountant
General may certify to be deficient, unless the 6[Federal Government] specially sanctions a
gradual readjustment.
1Subs. by Federal Laws (Revision and Declaration) Act , 1951 (26 of 1951), s.5 and Fourth Sch . for “India,
and in Indian Currency”.
2The words “with the previous sanction of the Governor -General-in-Council” omitted by the Sind Laws
Regulation, 1936 (6 of 1936), s.4 and Third Sch.
3The existing sub-section (1) has successively been amended by A.O., 1937 and the Repealing and Amending
Ordinance, 1965(10 of 1965) s.3 and 2nd Sch., the Karachi Port Trust (Amdt.) Act, 1974(45of 1974), s.2.
and F.A.O., 1975 Art.2 and table to read as above.
4Subs. By Ord. No. 31 of 2000 (w.e.f 2-7-97) s. 20.
5Subs. by Federal Laws ( Revision and Declaration) Act 1951(26 of 1951), s.5 and Fourth Sch , for
“Accountant General, Bombay.”
6See foot note 5 on page 16, supra.
59H. Powers to repay loans from Government before due date . – The Board may
apply any sums, which can be so applied without prejud icing the security of other debenture-
holders of the Board, in repaying to the 1[Federal Government] any sum which may remain
due to 2[it] in respect of the principal of any loan, although the time fixed for the repayment of
the same may not have arrived:
Provided that no such repayment shall be made or any sum less than ten thousand
rupees, and that if such repayment is made the amount of interest in each succeeding
installment shall be adjusted so as to represent exactly the interest due on the outstandi ng
principal.
59I. Saving of power to borrow under Act III of 1904 . – Nothing contained in this
Act shall prevent the Board from raising, with the sanction of the 3[Federal Government],
loans under the 4[Local Authorities Loan Act, 1904.]
1The original word “Secretary of State for India in Council” has successively been amended by A.O., 1937 Ord. 10
of 1965, s. 3 and 2nd Sch. And Act. 45 of 1974, s. 2, to read as above.
2Subs. by A.O., 1937 for “him”
3See foot note 5 on page 16 supra
4See now the Local Authorities Loans Act, 1914 (9 of 1914).
1[VII]. – OF REVENUE AND EXPENDITURE
MANAGEMENT OF FUNDS
60. Moneys where to be deposited. – 2[(1)] 3[All moneys at the credit of the Board
which cannot immediately be applied in the manner or to the purposes specified in this Act
shall be deposited in such bank or banks and subject to such conditions as may from time to
time be prescribed by Government : provide that nothing in this section shall be deemed to
prohibit an investment in public securities as defined in section 69; and the said securities shall
be held in trust for the purposes of this Act by the Board.]
(2) 4[No drawls from the bank, or disbursement of such moneys or part thereof,
shall be made except upon a cheque signed –
(a) jointly by the Deputy Chief Accounts Officer and Assistant Accounts Office, if the
amount does not exceed fifty thousand rupees;
(b) jointly by the Chief Accounts Officer and D eputy. Chief Accounts Officer, if the
amount does not exceed two hundred thousand rupees;
(c) jointly by the General Manager (Finance) and the Chairman or , in his absence by
the Vice-Chairman, if the amount exceeds five hundred thousand rupees, in cash,
cheques for sums not in excess of five 7[thousands] rupees each, signed as aforesaid
being drawn from time to time in favor of such officer to cover such payments.
6[(2A) Notwithstanding anything contained in sub-section (1) and (2), the Chairman shall
be empowered to sanction expenditure not exceeding one million rupees.]
5[(3)] In every department 6*** sums not exceeding 4[two thousand] rupees each may be
paid by such officer as the Board appoints for this purpose, in cash, cheques for
sums not in excess of five 7[thousand] rupees each, signed as aforesaid, being drawn
from time to time in favor of such officer to cover such payment.
1 Chapter VI re -numbered as Chapter VII by the Karachi Port Trust (Amdt.) Act, 1909 (Bombay Act 2 of 1909 ),
s.5.
2 The first paragraph re-numbered as sub-section (1) of that section by the Karachi Port Trust (Amdt.) Ordinances,
1960(11 of 1960), s.16.
3 Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bombay Act 1 of 1914), s. 16 for the original para.
4 Subs. by Ord. No. 31 of 2000 (w.e.f, 2-7-97) s. 21.
4 The last para. As amended by Bom. Act 1 of 1914, s. 16, has been re -numbered as sub-section (3) of that section
by order. No. 11 of 1960, s. 16.
6 The words” other than that of the Chief Engineer” omitted by ord. No. 11 of 1960, s. 16.
7 Subs. by the Karachi Port Trust (Amdt.) Act, 1914(Bombay Act of 1914), s. 16, for “hundred” .
1[61. Moneys on what purposes to be expended . – The moneys belonging to the
Board shall be held by them in trust and, except as is hereinafter provided, shall be
applied by them in payment of the following charges: –
(1) the salaries, fees, allowances, pensions, gratuities, compassionate allowances or other
moneys due to the trustees and to the officers and servants appointed under this Act or
lent to the Board 2[the Government of a Province or the 3[Federal Government]] and to
officers and servants of the Board injured, or to the surviving relatives of such officers
and servants killed, in the execution of their duty, and the contributions, if any, payable
2[the lending Government], on account of the pension and leave allowances of any
officer lent to the Board by 2[that Government] , and the contributions, if any, duly
authorized to be made to any provident or annuity fund established by the officers and
servants appointed under this Act;
(2) the interest and installments of capital due in respect of any loan that may have been
raised by the Board or for the repayment of which it is liable;
(3) any charges for which the Board may be liable under section 79 or section 80;
1Subs. by the Karachi Port Trust (Amdt.) Act, 1909 (Bombay Act 2 of 1909) , s.3 for the original s.61
2Subs. by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch. for “Government”
3Subs. By the Karachi Port Trust (Amdt.) Act, 1974 (45of 1974), s. 2, for “Central Government” which had been
subs. by A.O., 1937, for “Government of India”.
(4) 1[Such sums as the 2[Federal Government] 3***may from time to time agree upon as a
reasonable contribution] on account of expenses in connection with the harbour-police
and police employed in guarding the docks, warehouses and other property of the
Board, and on account of medical services supplied in the port, in lieu of or in addition
to any expenditure which Government may direct to be made from the funds or hospital
port-dues, the control or application of which is by section-36 and 50 of the 4Indian
Ports Act, 1889, vested in Government;
(5) the costs of repairs and maintenance of the property vested in the Board, and all charges
upon the same and all working expenses;
(6) the cost, or such portion of the cost, of any new work plant vessel or appliances which
the Board may determine to charge to revenue;
(7) any other charges which may be especially sanctioned (if the amount does not exceed
5[twenty-five thousand rupees ] by the Board, and in other cases) by the 2[Federal
Government] on the application of the Board, or for which the Board may be legally
liable 6[:]
7[Provided that the total amount so sanction by the Board shall not in a year exceed
5[one hundred thousand] rupees.]
1Subs. by the Sind Laws Regulation, 1936 (6 of 1936 ), s.4 and Third Sch., for “such sums as Government may from
time to time require the board to contribute”.
2See foot note 5 on page 16, supra.
3The words “and the Provincial Government” by the Karachi Port Trust (Second Amdt.) Act, 1950(42 of 1950), s. 24
which had been Subs. By A.O., 1937, for “Local Government”.
4See now the Indian Ports Act, 1908(15 of 1908).
5Subs. by Ord. No. 31 of 2000, (w.e.f 2-7-97) s. 22.
6Subs. By Ord. 11 of 1960, s.17, for the full-stop.
7Proviso added, ibid.
ANNUAL ESTIMATES
62. 1[Chairman to submit annual estimate of income and expenditure to
Board. The Chairman shall, at a special meeting to be held not later than sixty days preceding
the commencement of the then next ensuing financial year, lay before the Board an estimate
of the income and expendi ture for such financial year, in such manner and form and giving
such detail as the 2[Federal Government] may, from time to time direct].
Such estimate shall be completed and printed, and a copy thereof sent by post, or
otherwise, to each trustee, at least ten clear days prior to the meeting before which the estimate
is to be laid.
63. Board to revise and sanction the estimate . – The Board shall consider the
estimate so submitted to them and shall, sanction the same either unuttered or subject to such
alterations as they shall think fit.
64. Estimate to be submitted to Government . – The estimate as sanctioned by
the Board, shall be submitted, 3*** to the Government, which may, if it thinks fit, at any time
within 4[forty-five days] after receipt of the same, d isallow such estimate, or any portion
thereof, and return the same for amendment. The Board shall, if the estimate if so returned by
Government, forthwith proceed to amend the same, and shall re -submit the estimate so
amended,3 * * * to the Government.
65. List of works to accompany estimates. – Together with the said estimate, the
Board shall submit, 3*** to the Government, a list of the works which the Board propose to
execute during the year to which the estimate relates, showing the order in which the said
works are to be executed and the date within which each of them will probably be completed
or, in the case of any work which will not be completed within the year, the progress intended
to be made therewith during the said year.
1Subs. By Ord. 11 of 1960, s.18, for the first para.
2See foot note 2 on page 3 supra.
3The words “through the Commissioner” omitted by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch.
4Subs. By Ord. 11 of 1960, s.19, for “one month”.
66. Supplementary estimates may be made when necessary . – The Board may,
at any time during the year for which any such estimate has been sanctioned, cause a
supplementary estimate to be prepared and submitted to them . Every such supplementary
estimate shall be considered and sanctioned by the Board, and submitted to the Government in
the same manner as if it were an original annual estimate.
1[66A. Re-appropriation of sanctioned sum of money . – Subject to any directio ns
given in this behalf by the 2[Federal Government] any sum of money or part thereof, which
has not been spent for any purpose authorized in the estimate sanctioned under the foregoing
provisions, may be re-appropriated by the Board to meet any excess expenditure for any other
purpose authorized in such estimate].
67. Circumstances under which any sum exceeding Rs.3[2,50,000] not included
in an estimate may be expended.
4** * * * * *
5[If any sum exceeding 3[two hundred fifty thousand] rupees in amount , not being
included in any estimate at the time being in force which has been finally approved by
Government is ] expended on a pressing emergency, the circumstances shall be forthwith
reported by the Chairman 6*** to Government, together with an explanation of the way in
which it is proposed by the Board to cover such extra expenditure.
AUDIT OF ACCOUNTS
68. Accounts to be audited and examined – The accounts of the receipts and
expenditure of the Board shall, twice in every year, be laid before Government and sh all be
audited and examined in such manner and by such auditor or auditors as shall, from time to
time, be appointed by Government.
Auditors to have power to call for books, etc – For the purpose of such audit and
examination, the auditors may by summons in writing, require the production before them of
all books, deeds, contracts, vouchers and all other documents and papers which they may deem
necessary, and may require any person holding or accountable for any such books, deeds,
contracts, accounts, vouchers, documents or papers, to appear before them at any such
1Ins.by the Karachi Port Trust (Amdt.) Ordinance, 1960(11 of 1960), s.20.
2See foot note 2 on page 3 supra
4First para of s.67 has been rep.by the Karachi Port Trust (Amdt.) Act, 1902 (Bombay Act 2 of 1902), s.25.
5Subs. ibid., for “If any sum exceeding three thousand rupees in amount is so”.
3Subs. by Ord. 31 of 2000 (w.e.f, 2-7-97) s. 23.
6The words “through the Commissioner” omitted by the Sind Laws Regulation, 1936 (6 of 19 36), s.4 and Third
Sch.
audit and examination or adjournment thereof and to make and sign a declaration with respect
to the same.
Their remuneration to be fixed by Government. Their report to be published. The
auditors shall be paid by the Board such remu neration as Government shall determine; and,
within fourteen days after the audit and examination of the accounts for any half -year shall
have been completed, the auditors shall forward a report upon the accounts for such half -year
to the Board, who shall cause the same to be published, together with an abstract of the
accounts,1*** in the 2[official Gazette].
DISPOSAL OF BALANCES
69. Balances may be invested by the Board in public securities. The Board may
invest any balance 3*** in public securities and may from time to time sell the said securities,
and either reinvest the proceeds in other such securities or credit the same to the general funds
of the Board.
Amounts which may be so invested to be limited by Government – But the money
so invested by the Board shall not exceed such amount annually, or in the aggregate, as shall
from time to time be prescribed by Government.
4[In this section the words “public securities” mean:
(a) promissory notes, debentures, stock or other securities of the Provincial or the
5[Federal Government], and
(b) debentures or other securities for money issued by, or on behalf of: –
(i) any Municipal body or any Port Trust under the authority of any Act of
a Legislature established in Pakistan or the Karachi Harbor Board or by
the Board;
(ii) the Karachi Development Authority, under the authority of the Karachi
Development Authority Order, 1957, (P.O.5 of 1957).
The securities shall be endorsed by the Chairman and two trustees.
1The words “in the Bombay Government Gazette and” omitted by Federal Laws (Revision and Declaration) Act
1951(26 of 1951), s.5 and Fourth Sch.
2Subs. by A.O., 1937 for “Sind Official Gazette”.
3The words “remaining on the thirty first day of March each year” were omitted By the Ka rachi Port Trust
(Second Amdt.) Act, 1950(42 of 1950), s.25.
4The third para of s 69 has successively been amended By the Karachi Port Trust (Amdt.) Act, 1902(Bombay
Act 2 of 1902), s. 26,. A.O., 1937, Act 42, of 1950 s.25 and the Repealing and Amending Or dinance, 1965(10
of 1965) s.3 and 2nd Sch. to be read as above.
5See foot note 2 on page 3 supra.
1[69A. Investment of balances in debentures issued by the Board. – (1) In respect of
any balance which the Board are empowered to invest in public securities under the last preceding
section, it shall be lawful for the Board to reserve and set apart for the purposes of any such
investment any debentures to be issued on account of any loan for which the sanction of the
2[Federal Government] shall have been obtained, provided that the intention to so reserve and set
apart such debentures shall have been notified as a condition of the issue of the loan.
(2) The issue of any such debentures direct to and in the name of “The Trustees of the Port
of Karachi” shall not operate to extinguish or cancel such debentures, but every debenture so issued
shall be valid in all respects as if issued to and in the name of any other person.
69B. Purchase, etc. by the Board of debentures issued by the Board not to operate to
extinguish such debentures. – The purchase by or the transfer, assignment or endorsement to the
Board of any debenture issued by the Board sha ll not operate to extinguish or cancel any such
debenture, but the same shall be valid and negotiable in the same manner and to the same extent
as if held by or transferred, assigned or endorsed to any other person.
69C. Validation of debentures heretofor e issued etc. in the name of the Board. – All
the several debentures of the Board heretofore issued, transferred, assigned or endorsed in the
name of the Board, as specified in Schedule E, and all debentures heretofore issued by way of
renewal, consolidation or sub-division of any of the said debentures shall be deemed to be and to
have always been valid and negotiable in all respects and in the same manner as if the same had
been issued against moneys borrowed from the 3[Federal Government] or any other source.]
4[69D. Power of the Board to lend money from surplus funds . − The Board may lend
money only from surplus funds to any Government agency, corporation, authority, organization
or its own subsidiary or to any consortium, provided that such lending is secured and is in the
interest of the Trust.]
5[VIII].- PENALTIES
70. Penalty for being interested in contracts with Board. – Any person who being a
trustee, or an officer or servant of the Board, shall acquire, directly or indirectly any sha re or
interest in any contract or employment with, by or on behalf of, the Board, shall be deemed to have
committed the offence made punishable by section 168 of the 6[Pakistan Penal Code]:
1Ss 69A, 69B and 69C ins. by Bom. Act 2 of 1902, s. 27.
2Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2, for “Central Government” which had
been subs. by the Repealing and Amending Ordinance, 1965 (10 of 1965) s. 3 and 2nd Sch., for “Governor in Council”.
3Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2 for “Central Government” which had been
subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 5 and Fourth Sch., for “Secretary of
State or any other person”.
4Ins. by Ord. No. 30 of 2001, s. 9.
5The original chapter VII re-numbered as chapter VIII by the Karachi Port Trust (Amendment) Act, 1909 (Bom. Act
2 of 1909), s. 5.
6Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (Act 26 of 1951), s. 5 and Fourth Sch., for “India n
Penal Code”.
1[Provided that nothing in this section shall apply to any person by reason only of his having
any such share or interest as is described in clauses (a) to (f) of sub-section (2) of section 15.].
71. Penalty for obtaining illegal gratificat ion. – Any person employed under this Act,
not being a public servant within the meaning of section 21 of the 2[Pakistan Penal Code (XLV of
1860)] who shall accept or obtain or agree to accept or attempt to obtain from any person, for
himself or for any ot her person any gratification whatever other than legal remuneration, as a
reward for doing or for bearing to do, any official act or for showing or forbearing to show in the
exercise of his official functions, favour or disfavour to any person, or for rendering, or attempting
to render any service or disservice to any person with the Board or with any public servant as such,
or with the Government shall be liable to the same punishment as is provided by the 2[Pakistan
Penal Code (XLV of 1860)] in the case of the like offence committed by a public servant.
72. Penalty for infringement of section 33, 34, 36 or 41. – Whoever infringes any order
issued under section 33 or 34 or any condition prescribed under section 36 or 41 shall be punished
with fine which m ay extend to 3[two hundred thousand] rupees, and, if the infringement be
continuing, with a further fine which may extend to 3[twenty thousand] rupees for every day such
order or condition is infringed.
73. Penalty for refusing or neglecting to appear bef ore an auditor of accounts, etc. –
Any person who shall refuse or neglect to appear before any auditor of accounts, or to produce any
books, deeds, contracts, accounts, vouchers, documents or papers, or to make or sign any
declaration when duly required so to do by any auditor of accounts under section 68, shall be
punished for, every such neglect or refusal with fine which may extend to 4[one thousand] rupees.
74. Penalty for understanding quantity or weight of goods etc. – If it be found, when
goods are imported at, or exported from any wharf, quay, stage, jetty or pier in the possession of
the Board, that the 5[description,] weight or quantity of such goods, or the tonnage of any vessel
carrying such goods, has been 6[****] 5[misstated or] understated in any document presented to
any officer of the Board for the purpose of enabling him to determine the tolls, dues, rates or
charges payable in respect of the said goods or vessel, the consignee, in the case of goods imported,
and the consignor, in the case of goods exported, shall be liable to pay to the Board such sum not
exceeding twice the proper tolls, dues, rates or charges on the 5[description,] weight or quantity of
goods or amount of tonnage so 5[misstated or] understated as may be determined by the Board;
and the said sum shall, on the application of the Board, be recoverable under the warrant of a
Magistrate as if it were a fine inflicted by such Magistrate.
1Subs. by the Karachi Port Trust (Amendment) Act, 1902 (Bombay Act 2 of 1902), s. 28, for the existing proviso.
2Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (Act 26 of 1951), s. 5 and Fourth Sch., for “Indian
Penal Code”.
3Subs. by Ord. No. 31 of 2000 (w.e.f. 02-07-1997), s. 24.
4Subs. by the Karachi Port Trust (Amendment) Ordinance, 1960 (2 of 1960), Ss. 22 and 23, for “one hundred”.
5Ins. by the Karachi Port Trust (Amendment) Act, 1902 (Bombay Act 2 of 1902), s. 29.
6The words “in the opinion of the Board, intentionally” omitted by the Karachi Port Trust (Amendment) Act, 1909
(Bombay Act 2 of 1909), s. 4.
75. Penalty for evading rates etc. – Any person who removes or attempts to remove, or abets
within the meaning of the 1[Pakistan Penal Code (XLV of 1860)], the removal of any goods, vessel,
animal or vehicles w ith the intention of evading payment of the tolls, dues, rates or charges
lawfully payable in respect thereof to the Board shall be punished with fine which may extend to
2[two hundred thousand] rupees.
76. Compensation for damage to property of Board. – In case any damage or mischief is
done to any wharf, dock, quay, jetty, stage, pier or work constructed or acquired by the Board
under this Act by any vessel; through the negligence of the master thereof or of any of the marines
or person employed therein not being in the service of the Board, any Magistrate of the first class
having jurisdiction at Karachi may, on the application of the Board and on declaration by them
that payment for such damage or mischief has been refused or has not been made on demand, issue
a summon to the master or owner of such vessel, requiring him to attend on a day and at an hour
named in the summons to answer touching such damage or mischief.
If, at the time appointed in the summons and whether the person summoned appears or no t, it
is proved that the alleged damage was done through such negligence as aforesaid, and that the
pecuniary amount of the same does not exceed 3[two thousand] rupees, the Magistrate may issue
his warrant of distress, under which a sufficient portion of t he boats, masts, spars, ropes, cables,
anchors or stores of the vessel may be seized and sold to cover the expenses of and attending the
execution of the distress, and the pecuniary amount of damage as aforesaid, and such amount shall
be paid to the Board out of the proceeds of the distress:
Provided that, if, at the time of the damage or mischief, the vessel was under the orders of a
duly authorized officer belonging to the pilot service 4[maintained by the Board under section 55]
or to the Harbour Master ’s or Port Officer’s department, 4[and if such damage or mischief is in
any way attributable to the order, act or improper omission of such officer,] the case shall not be
cognizable by the Magistrate under this section.
77. Cognizance of offences against Act. – Except as is otherwise provided in sections 74 and
76, all offences against this Act or against any bye-law made under section 56 shall be cognizable
by a Magistrate.
All 5** damages recovered from any offender or by any distress under section 76 shall be paid
to the Board.
1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (Act 26 of 1951), s. 5 and Fourth Sch., for “Indian
Penal Code”.
2Subs. by Ord. No. 31 of 2000 (w.e.f. 02-07-1997), s. 25.
3Subs. by the Karachi Port Trust (Amendment) Ordinance, 1960 (11 of 1960), s. 25 for “two hundred”.
4Ins. by the Karachi Port Trust (Amendment) Act, 1902 (Bombay Act 2 of 1902), Ss. 29 and 30.
5The words “fines and” omitted by A.O., 1937.
1[77A. Power of detention and search of suspected persons, etc.− Notwithstanding anything
contained in any law for the time being in force 2[the Board may appoint such person as it deems
fit to] detain and search any person (or vehicle) employed in or found in, or in the vicinity of, any
workshop, store, depot or other place for the deposit or handling of any property entrusted or
belonging to the Board, who is reasonably suspected of (or as to which there is reasonable
suspicion that it is being used in) removing such property without authority.]
78. Prosecutions. – Prosecution under this Act may be instituted by the 3[Chairman] or by any
person authorized by 3[him] in this behalf, and not otherwise.
4[IX]. – CONTROL
79. Government may order survey. – Government may at any time order a survey and
examination of any work of the Board under this Act, or of the site thereof, and the cost of such
survey or examination shall be borne and paid by the Board.
1[79A. Power of the Federal Government to cancel, suspend or modify acts or proceedings
of the Board. – All acts and proceedings of the Board shall be subject to the control of the 5[Federal
Government] and the 5[Federal Government] may cancel, suspend or modify any such acts or
proceedings.]
2[79B. Application of Civil Servants Act, 1973 (LXXI of 1973), etc.− Notwithstanding
anything hereinbefore contained or any law for the time being in force or in the terms and
conditions of service, where in any case or matter not specifically provi ded in this Act, the
provisions of the Civil Servants Act, 1973 (LXXI of 1973), or the rules made thereunder shall, as
far as may be, apply to the officers of the Port.].
80. Government may carry out neglected works. – If the Board allow any work acquired
or constructed by them under this Act to fall into disrepair, or do not complete any work
commenced by them or duly estimated for and sanctioned and do not, after notice given by
Government in writing, proceed effectually to repair or complete suc h work to the satisfaction of
Government, Government may cause such work to be restored, completed or constructed, and the
cost thereof shall be borne and paid by the Board.
1Ss. 77A and 79A ins. by the Karachi Port Trust (Amendment) Ordinance, 1960 (11 of 1960), ss. 27-28.
2Subs. and ins. by Ord. No. 31 of 2000 (w.e.f. 02-07-1997), ss. 25-27.
3Subs. by the Karachi Port Trust (Amendment) Ordinance, 1960 (11 of 1960), s. 26 for “Board” and “them”.
4The original chapter VIII re-numbered as chapter IX by the Karachi Port Trust (Amendment) Act, 1909 (Bom. Act 2
of 1909), s. 5.
5Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2, for “Central Government”.
81. In default, Government may require Board to increase the rates. – If it shall at any
time appear to Government that sufficient provision is not being made by the Board to meet their
liabilities, Government may require the Board, by an order in wri ting to increase, subject to its
sanction and to the provision of section 43 to such extent and for such period as shall appear
necessary, the tolls, dues, rates and charges or any of them for the time being in force under the
said section.
And on Board’s failing to do so, may itself increase them. – If within fifteen days after
receipt of such order, the Board do not comply with the same, Government may, by notification in
the 1*** official Gazette, increase the said tolls, dues, rates, charge s, or any of them, and such
notification shall have the same force as if a new scale to the same effect had been duly framed,
sanctioned and published under section 43.
2[82. Government may revoke powers of Board. – (1) If at any time the 3[Federal
Government] is satisfied.
(a) that the purposes intended to be accomplished under this Act, have
not been, and are not likely to be accomplished by the Board; or
(b) that it is desirable to withdraw or revoke the powers of the Board by
this Act conferred, in order to ensure the maintenance, improvement,
development or better administration of the Port,
it may, by an order published in the official Gazette , declare such powers to be withdrawn or
revoked, for such period as may be specified in the order, and thereupon such powers shall be
withdrawn and revoked accordingly, and all the powers, rights and authorities and all the property
vested by this Act in the Board shall vest in the 3[Federal Government]:
Provided that in the case of (a), no powers shall be withdrawn unless notice of six months
has been given to the Board and the Board fail to take measures to the satisfaction of Government
within the period of notice for properly accomplishing the purposes intended to be accomplished.
(2) When the powers are withdrawn and revoked by an order under sub -section (1), all
members of the Board shall, on such date as may be specified in the order, vacate their offices as
such members but without prejudice to their eligibility for no mination under sections 7 and 8 or
their appointment under the following sub-section.
1The words “Bombay Government Gazette and in the Sind” were omitted by the Federal Laws (Revision and
Declaration) Act, 1951 (26 of 1951), s. 5 and Fourth Sch.
2S.82 which was amended by the Sind Laws Regulation, 1936 (6 of 1936), s. 4 and Third Sch., has been subs. by the
Karachi Port Trust (Amendment) Act, 1948 (8 of 1948), s. 2.
3Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2, for “Cen tral Government”.
(3) The 1[Federal Government] may, by notification in the official Gazette, appoint any
person, persons or authority to exercise on its behalf any or all of the powers vested in it under
sub-section (1).
(4) On or before the expiry of th e period specified in the order issued under sub -section
(1), the 1[Federal Government] may, by an order published in the official Gazette−
(a) extend, from time to time, the period so specified, or
(b) restore to the Board the powers withdrawn and revoked and t hereupon the
Board shall be reconstituted in accordance with the provisions of Chapter-II of
this Act.]
2[X]. – MISCELLANEOUS
83. Saving of previous port regulations. – All acts done and proceedings taken by the
Karachi Harbour Board before this Act comes into force, and all orders, rules and regulations
relating to the port and to wharves, quays, stages, jetties, piers and landing -places within the port
made and issued before this Act comes into force, shall, whenever such acts, proceedings, orders,
rules and regulations would have been lawful if this Act had been in force, be deemed to have been
respectively done, taken, made and issued under the provision of this Act.
84. Recovery of dues as fines under Code of Criminal Procedure. – All fees and sums
due on account of property for the time being vested in the Board, and all arrears of tolls, charges,
rates and dues imposed under this Act, may be recovered , in addition to the other modes
hereinbefore provided, upon a summary proceedings before a magistrate in the manner provided
in the Code of Criminal Procedure, 1898, for the recovery of fines.
3[84A. Declaration of trustees, officers and servants of the Board as public servants. –
All trustees, and all officers and servants of the Board other than artisans, porters and labourers,
shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code].
85. Trustees not personally liable. – No trustee shall be personally liable for any contract
made or expense incurred by or on behalf of the Board; but the funds from time to time in the
hands of the Board shall be liable for and chargeable with all contracts made in manner provided
in this Act.
1Subs. by the Karachi Port Trust (Amendment) Act, 1974 (45 of 1974), s. 2, for “Central Government”.
2The original chapter IX re-numbered as chapter X by the Karachi Port Trust (Amendment) Act, 1909 (Bom. Act 2 of
1909), s. 5.
3S. 84A ins. by the Karachi Port Trust (Second Amendment) Act, 1950 (42 of 1950), s. 26.
86. Trustees liable for breach of trust. – Every trustee shall be liable for any misapplication
of money entrusted to the Board to which he has been a party, or which happens through; or is
facilitated, by the neglect of his duty.
87. Limitation of suits, etc. – No suit shall be commenc ed against any person for anything
done or purporting to have been done; in pursuance of this Act, without giving to such person one
month’s previous notice in writing of the intended suit and of the cause thereof, nor after six
months from the accrual of the cause of such suit.
And, in the case of a suit for damages, if tender of sufficient amends shall have been made
before the suit was brought, the plaintiff shall not recover more than the amount so tendered and
shall pay all costs incurred by the defendant after such tender.
88. Board, not responsible for certain acts of their officers and servants. – The Board shall
not be responsible for any misfeasance, malfeasance or non -feasance of any officer or servant
appointed under this Act.
NOR, if they should be appointed by Government under the 1[Ports Act, 1908 (XV of
1908)], Conservators of the port, for any misfeasance, malfeasance or non-feasance of any Deputy
Conservator, Port Officer or Harbour Master, or of any assistant or deputy of any such officer or
of any person acting under the authority or direction of or in subordination to any such officer,
assistant or deputy;
NOR, for any damage sustained by any vessel in consequence of any defect in any of the
moorings, hawsers or other things belonging to the Board which may be used by such vessel:
Provided that nothing in this section shall protect the Board from a suit in respect of damage
to, or loss of goods landed or shipped by them or retained in their custody.
1[89. Responsibilities of Master etc. – The Master, agent and owner of a vessel shall,
severally and jointly, be responsible for -
(a) any damage caused to the property and servants of the Port, whether within Port’s
limit or in the approaches, by their vessel or servants and such vessel shall be
detained till such time the costs of the damage as determined by the Board are paid;
(b) any misdeclaration of particulars of a vessel and for disobeying the parameters
specified for handling of vessels in Karachi Harbour and shall be liable to a penalty
not exceeding five hundred thousand rupees to be imposed by the Chairman or
Deputy Conservator; and
1Subs. and added by Ord. No. 31 of 2000 (w.e.f. 02-07-1997), ss. 28-29.
(c) the sinking or grounding of any vessel or causing damage to any other vessel in the
Port limits or approaches and for removal of the vessel at their own risk and cost
failing which the Board may salvage or remove such vessel out of the Port’s limit
and the cost of such removal shall be recoverable from the sale proceeds of such
vessels.
90. Port to be pollution free etc. – (1) The Board shall be responsible for maintaining the
marine environments of the Port’s limit free from pollution of the sea.
(2) No discharge of solid and liquid wastes, oily noxious, radioactive and hazardous
substance, bilge discharges from tankers a nd vessels, residues and mixtures containing noxious
solid and liquid wastes, deballasting of unwashed cargo tanks and line washing garbage or other
substance as may be specified by the Board shall be made within the Port limits.
(3) Any person contravening the provisions of sub-section (2) shall be liable to penalty not
exceeding ten million rupees for each contravention in addition to the charges for cleaning of the
Port and removal of pollution therefrom.
91. Validation. – Notwithstanding any order, decision of any court anything done, actions
taken, orders passed, notifications or instructions issued, orders of appointments made, procedure
adopted, proceedings initiated or notices or instruction issued, jurisdiction or powers conf erred,
assumed, exercised or any thing done in connection with or incidental thereto by any authority or
officer in accordance with the provisions of this Act as amended by the Karachi Port Trust
(Amendment) Ordinance, 1997 (XLIV of 1997), at any time befo re the commencement of the
Karachi Port Trust (Amendment) Ordinance, 2000, shall be deemed to have been validly done,
made, issued, taken, initiated, conferred, assumed and exercised and shall be deemed always to
have had effect accordingly.]
1886: Bom. Act VI] Karachi Port Trust
(Schedule A)
SCHEDULE A
(See section 27)
PROPERTY VESTED IN THE BOARD
All the right, title and interest of the Secretary of State for India in Council in the following lands, buildings,
workshops, piers, break-waters, groynes, embankments, bridge, light-house, signal-stations, jetty, quay, graving-dock
and railway-lines, together with all the fittings and other appurtenances thereof (namely) : —
Consecutive
number of
plots
Name of Property
Heretofore in
charge of
Boundaries and general
description
APPROXIMATE
AREA
Acres Square
yards
I
Land at Manora
occupied by Harbour
Works’ Office,
Workshop etc.,
together with the
following buildings
standing thereon
(namely) :—
Bungalows, with
outhouses
(Supervisor’s).
Harbour Works’
Office and peons’
quarters.
Bungalow, with
outhouses
(Superintendent of
machinery’s).
Do. Do.
(clerks’ and
artificers’).
Bungalow, with
outhouses (supervisor
and clerks’).
Do. do.
(accountants’).
Do. do.
(cashier and
draftsmen’s).
Do. do. (overseers’).
Port Engineer,
Karachi.
Port Engineer,
Karachi.
Do.
Do.
Do.
Port Engineer,
Karachi.
. .
Do.
Do.
On the north by plot No. III and the
British India Steam Navigation
Company’s coalshed and quarantine
buildings.
On the south by Persian Gulf
telegraph ground and buildings.
On the east by harbour.
On the west by back-water and
Mangrove swamps.
Cutcha pucka.
Do.
Pucka.
Cutcha pucka.
Cutcha pucka.
Do.
Do.
Do.
24
4,547
(Schedule A)
SCHEDULE A.—contd.
Consecutive
number of
plots
Name of Property
Heretofore in
charge of
Boundaries and general
description
APPROXIMATE
AREA
Acres Square
yards
I—contd.
II
III
Workshop, chimney
smiths and
carpenters’ sheds and
engine-house.
Store-room and
office.
Four lines for
khalasis and maistry
and boat-house.
Four store-godowns.
Chauki for Harbour
Works’ police.
Quarters for engine-
men.
Firewood compound.
Line for Harbour
Works’ Police.
Bungalow, with
outhouses (dredge
engineer’s).
Do. do.
(store-keeper’s).
Do. do.
(time-keeper’s).
Do. do.
(supervisors’).
Tindal instrument
house
Land occupied by
Harbour Works’
work-people’s lines,
together with the
following buildings
standing thereon
(namely) :—
Five lines for work-
men.
Five lines for
carpenters and
labourers.
Line for sweepers.
Land occupied by
Harbour Works
Khalasi lines.
Port Engineer,
Karachi.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
. .
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Includes Workshop, engine,
machinery and fittings, two pucka and
remainder cutcha.
Pucka.
Cutcha pucka.
3 Cutcha and 1 pucka.
Pucka.
Cutcha pucka.
Pucka.
Do.
Cutcha pucka.
Do.
Do.
Pucka.
Wood-work.
On the north by plot No. 1.
On the south by native dealers’ and
contractors’ lines.
On the east by open space and Persian
Gulf telegraph premises.
On the west by No. 2 Battery.
Cutcha.
Cutcha pucka.
Do.
On the north by British India Steam
Navigation Company’s coalshed.
On the south by plot No. 1.
On the east by harbour.
On the west by backwater and
Mangrove swamp.
7
. .
806
3,033
1886: Bom. Act VI] Karachi Port Trust
(Schedule A)
SCHEDULE A.—contd.
Consecutive
number of
plots
Name of Property
Heretofore in
charge of
Boundaries and general
description
APPROXIMATE
AREA
Acres Square
yards
IV
V
VI
VII
Land occupied by
Harbour Works’
quarry and reclaimed
ground along shore
between deep water
point and the shore
end of the
breakwater, together
with the following
buildings standing
thereon (namely) :—
Office and store-
room of No. I
Division with
Charging room.
Line for Workmen.
Do. pointsmen.
Bungalow, with
outhouses (dredge
store and time-
keeper’s).
Powder Magazine
Former site for
Harbour Works,
temporary jail, and
new quarry.
Plot of ground, with
Harbour Works’
wells.
Plot of ground, with
Harbour Works’
bungalow, together
with the following
buildings standing
thereon (namely) :—
Port Engineer,
Karachi.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
On the north by harbour and Port
Department’s ground.
On the south by Manora break water.
On the east by harbour.
On the west by plots Nos. V, VI, and
VII.
Pucka.
Cutcha pucka.
Do.
Do.
Pucka.
On the north by plot No. VI.
On the south by Mr. D. Mclver’s plot.
On the east by plots Nos. IV and VII,
and St. Paul’s Church.
On the west by the sea.
On the north by Captain Bishop’s
bungalow (formerly Lieut. A. W.
Stiffe’s).
On the south by plot No. V.
On the east by plot No. IV.
On the west by open space and the
sea.
On the north by St. Paul’s Church.
On the south by open space and
Hindu temple.
On the east by plot No IV.
On the west by plot No. V.
17
1
. .
. .
4,038
1,590
1,069
3,499
(Schedule A)
SCHEDULE A.—contd.
Consecutive
number of
plots
Name of Property
Heretofore in
charge of
Boundaries and general
description
APPROXIMATE
AREA
Acres Square
yards
VII—contd.
VIII
IX
Harbour Works’
bungalow and
outhouses (Port
Engineer’s).
Land occupied by
Port Department
together, with the
following buildings
standing thereon
(namely) :—
Bungalow, with
outhouses (dredge
foreman’s).
Coal-shed (formerly
boat-shed).
Godown at Manora.
Do.
Boat-shed (formerly
coal-shed).
Four lines for lascars
and sweepers.
Water-reservoirs,
with service tanks for
Port Department.
Firewood compound
Port Department.
European school with
latrine.
School mistress’
quarters and
outhouses.
Reading-room.
Land occupied by fort
light-house signal
station, etc., together
with the following
buildings standing
thereon (namely) :—
Light-house and
light-lascars’ quarters
and bastion godown.
Fort and Port
Officer’s quarters and
outhouses.
Peons’ quarters at
fort.
Port Engineer,
Karachi.
Port Officer
Port Engineer,
Karachi.
Port Officer
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
. .
On the north by the Persian Gulf
telegraph premises.
On the south by plot No. IV and open
space.
On the east by harbour.
On the west by cemetery.
Cutcha pucka.
Cutcha.
Pucka.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Cutcha pucka.
On the north by plots Nos. X and XI.
On the south by Manora breakwater.
On the east by harbour.
On the west by sea.
Pucka.
Cutcha pucka.
Do.
19
3
856
2,967
1886: Bom. Act VI] Karachi Port Trust
(Schedule A)
SCHEDULE A.—contd.
Consecutive
number of
plots
Name of Property
Heretofore in
charge of
Boundaries and general
description
APPROXIMATE
AREA
Acres Square
yards
X
XI
XII
XIII
XIV
Land occupied by
outhouses near fort.
Land occupied by
bungalow and
outhouses, together
with the following
buildings standing
thereon (namely) :—
Bungalow with
outhouses and part of
Master Attendant’s
quarters.
Land to the west of
Napier Mole at its
southern end,
together with the
following building
thereon (namely) :—
Workmen’s quarters,
late new channel
office.
Land to the west of
Napier Mole between
plot No. XII and the
Commissariat
premises, together
with the following
building standing
thereon (namely) :—
Office on ground
occupied by Messrs.
J. Cosser and
Company.
Land to the east of
Napier Mole and
former railway
embankment.
Port Officer
Do.
Do.
Port Engineer,
Karachi.
Do.
Do.
Do.
Do.
On the north by plot No. IV.
On the south by plot No. IX.
On the east by plot No. IV.
On the west by plot No. XI.
On the north by open space and plot
No. IV.
On the south by plot No. IX.
On the east by plot No. X.
On the west by plot No. X and open
space and the sea.
Cutcha
On the north by new channel.
On the south by plot No. XIV.
On the east by China Creek
backwaters.
On the west by plot No. XIII.
Pucka.
On the north by new channel.
On the south by plot No. XIV.
On the east by plot No. XII.
On the west by Commissariat yard.
Cutcha pucka.
On the north by plots Nos. XII and
XIII.
On the south by Andrew Road.
On the east by China Creek
backwaters.
On the west by Customs Pier.
. .
. .
2
4
25
4,501
4,046
941
1,408
2,773
(Schedule A)
SCHEDULE A.—contd.
Consecutive
number of
plots
Name of Property
Heretofore in
charge of
Boundaries and general
description
APPROXIMATE
AREA
Acres Square
yards
XV
XVI
XVII
XVIII
Land to the east of
Keamari Groyne.
Mereweather pier
shore plots A, B, C, D,
to getger with the
following buildings
standing thereon
(namely): --
Engine and boiler-
houses chimney and
accumulator tower
Office for Pier Master.
Goods-shed.
Land from
Mereweather pier to
Customs pier together
with the following
building thereon
(namely) :--
Wooden office near
Customs Pier.
Land for Mereweather
Pier establishment on
which the following
buildings stand
(namely) :--
Pier Master’s quarters
and out-houses.
Quarters for native
establishment under
Port Officer and Port
Engineer.
Port Engineer,
Karachi.
Port Officer
Port Officer
Do.
Do.
Do.
Do.
Do.
. .
. .
On the north by North Western
Railway’s Keamari station ground.
On the south by sea.
On the east by China Creek.
On the west by Keamari Groyne and
harbor.
On the north by plot No. XVII.
On the south by railway sheds and pier.
On the east by railway ground.
On the west by Mereweather pier and
harbor.
Pucka.
Do.
Do.
On the north by commissariat yard.
On the south by plot No. XVI.
On the east by plots Nos. XVIII and
XIV.
On the west by harbor.
Wood-work
On the north by plot No. XIV.
On the south by Andrew Road.
On the east by open space.
On the west by plot No. XVII.
Pucka.
Do.
61
2
1
1
3,028
1,940
3,710
3,130
1886: Bom. Act VI] Karachi Port Trust
(Schedule A)
SCHEDULE A.—contd.
Consecutive
number of
plots
Name of Property
Heretofore in
charge of
Boundaries and general
description
APPROXIMATE
AREA
Acres Square
yards
XIX
XX
XXI
XXII
XXIII
XXIV
Land to the east of
Hindu Temple at
north end of Napier
Mole bridge with the
following building
standing thereon
(namely):--
Peon’s quarters near
Hindu temple.
Land for Harbor
works new quarry at
Hands Hill, with the
following buildings
standing thereon
(namely):--
Peon’s quarters at
Hands Hill.
Land between china
Creek embankment
and the sea.
Anemometer – house,
Manora, with
chaukidars house
adjoining.
Powder Magazine on
Manora Point.
Powder Magazine
near quarantine
buildings.
Port Engineer,
Karachi.
Do.
Do.
Do.
Do.
Do.
Port Officer
Do.
On the north by open space covered at
high water.
On the south by new channel.
On the east by open space.
On the west by native jetty.
Pucka.
On the north by open space and hills.
On the south by open space and old
quarry.
On the east by open space.
On the west by open space.
Pucka.
On the north by China Creek
embankment.
On the south by the sea.
On the east by bare sand hills.
On the west by sandy ridges.
On ridge of west bank, Manora-
Anemometer-house, pucka:
chaukidar’s kutcha.
On the north by open space.
On the south by No. 1 Battery.
On the east by Fort.
On the west by the sea.
Pucka.
On the north and south by sand crest
running to Bhit village.
On the east by harbor.
On the west by Fullah Creek.
Pucka.
. .
46
90
. .
. .
. .
2,967
3,249
796
111
99
100
(Schedule A)
SCHEDULE A.—contd.
Consecutive
number of
plots
Name of Property
Heretofore in
charge of
Boundaries and general
description
APPROXIMATE
AREA
Acres Square
yards
XXV
XXVI
XXVII
XXVIII
XXIX
XXX
XXXI
Bungalow with
outhouses at Keamari.
Manora Backwaters.
Keamari Groyne.
East Pier.
Napier Mole Bridge.
Native jetty and quay,
together with the
following buildings
thereon(namely):--
Chauk and storeroom
at native jetty.
Godown and native
jetty.
Harbour Board office
at native jetty.
Peon’s quarters at
jetty.
Goods-shed at jetty.
Do.
Do.
Do.
China Creek Stoppage
embankment.
Port Engineer,
Karachi.
Do.
Do.
Do.
Do.
Port Officer
Port Engineer,
Karachi.
Port Officer
Do.
Do.
Do.
Do.
Do.
Do.
Port Engineer,
Karachi.
On the north by North Western
Railway’s station ground.
On the south by Keamari Groyne.
On the east by open space.
On the west by North Western
Railway’s shed.
Cutcha pucka.
Extends from Manora point on the
west side of the entrance in S. by E. ¼
east direction for a length of 1,503
feet.
Runs in a slight curve about S. S. E.
from west end of Keamari for a length
of 7,548 feet.
An extension of the Groyne, total
length 1,500 feet.
An iron bridge on screw piles with a
masonry abutment at either end.
Length 1,200 feet in 30 spans of 40
feet each.
Extends westward from north end of
Napier Mole bridge.
The south wall is 1,400 feet in length.
Pucka.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
An embankment 2,780 feet long.
. .
5
2,456
1886: Bom. Act VI] Karachi Port Trust
(Schedule A)
SCHEDULE A.—contd.
Consecutive
number of
plots
Name of Property
Heretofore in
charge of
Boundaries and general
description
APPROXIMATE
AREA
Acres Square
yards
XXXII
XXXIII
XXXIV
XXXV
XXXVI
XXXVII
XXXVIII
XXXIX
XL
XLI
XLII
XLIII
Stone shipping-pier at
Manora.
Workshops pier at
Manora.
Pilot-pier, Manora.
Coal-pier at Manora.
Water-pier at
Manora.
Pier at deep water
point, Manora.
Mereweather Pier at
Keamari.
Customs-pier at
Keamari.
Commissariat-pier at
Keamari.
Railway lines at
Manora and Keamari.
Graving-dock at
Manora.
Layari Hard
embankment and
embankment in front
of north wall of jetty.
Port Engineer,
Karachi.
Do.
Port Officer
Do.
Do.
Port Engineer,
Karachi.
Port Officer
Do.
Do.
Port Engineer,
Karachi.
Do.
Port Officer
Situated at the northern limit of the
plot of ground occupied by the office
and workshops.
A wooden pier with fixed spur legs to
lift twenty tons.
Wooden pier.
. .
. .
Called Humbry Pier.
An iron screw-pile pier T. headed and
with hydraulic cranes.
Wooden pier.
. .
. .
. .
. .
II. The following vessels and boats, together with all the fittings, gear and other appurtenances thereof (viz) :—
Consecutive
number
Name and Description
Heretofore
charge of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Steam tug “Manora” 441 tons, 200 horse-power, paddle wheel.
“Nurbudda” cutfer, 79 tons.
Warp boat No. 1
Do. No. 2.
“Kendimari”, anchor boat.
“Rose”, steam barge.
“Flirt”, steam launch.
Bazar Boat.
Cargo Boat.
Boat cutter.
Do.
Life-boat (white’s)
Do.
“Jumbo”, steam anchor hoy
Gig. 32 feet
Boat, 23 feet
Do.
Do.
Gig. Small
Jolly-boat
“Bily”, a crane cargo
Boat, country, for surveying, 28 feet long
Do. do. 30-1/2 feet long.
Boat, anchor, 23 feet
Boat, anchor, 14-3/4 feet.
Do. 23 feet 9 inches.
Do. 30 feet 6 inches
Life-boat, 27 feet
Do. 20 feet 9 inches
Boat, canoe, 23 feet 4 inches
Boat, cutter, 25 feet 3 inches
Jolly-boat, 18-3/4 feet
Do. 22 feet 5 inches
Do. 16 feet 8 inches
Boat, gig., 25 feet 5 inches
Do. 20-3/4 feet
Boat, for diver’s use, 30-3/4 feet
“Nearches”, steam dredger, 160 feet long, 65 horse-power, nominal.
“Albuquerque”, steam dredger, 160 feet long, 117 horse-power nominal.
“Dubba”, steam dredger, 100 feet long, 25 horse-power nominal.
“Gizree”, steam dredger, 100 feet long, 25 horse-power nominal.
“Sind”, steam hopper barge, 130 feet long, 50 horse-power nominal, to carry 400 tons.
“Baluchi”, steam hopper barge, 130 feet long, 50 horse-power nominal, to carry 400
tons.
Sailing hopper barge, 90 feet to carry 200 tons.
Hopper barge, under construction, 90 feet, to carry 200 tons.
Hopper barge, under construction, 90 feet, to carry 200 tons.
“Midge”, steam launch, 28 feet long, No. 451, built by Mr. John Samuel White, Cowes.
Port Officer,
Karachi
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Port Engineer,
Karachi.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
1886: Bom. Act VI] Karachi Port Trust
(Schedule A. Schedule B. Schedule C)
SCHEDULE A.—contd.
III. All other lands, buildings, harbour-works, railway-lines, machinery, plant, tools, furniture, vessels, and boats
and other property whatsoever not hereinbefore particularly described heretofore in the charge of the Port Officer of
Karachi, the Port Engineer of Karachi, or of the Karachi Harbour Board.
—————
SCHEDULE B
(See section 28)
(1) LOANS RAISED BY THE KARACHI HARBOUR BOARD FROM THE PUBLIC WITH THE
SANCTION OF THE 1[FEDERAL GOVERNMENT] AND NOT YET DISCHARGED.
Year in which taken up
Amount taken up
Rate of interest payable
annually
LOAN of 1880-81
1882-83
1883-84
Rs.
2,29,000
71,000
2,88,500
5 per cent
’’
’’
(2) LOANS PROMISED BY THE 1[FEDERAL GOVERNMENT] TO THE KARACHI HARBOUR BOARD
AND WHICH ARE IN COURSE OF BEING TAKEN UP.
Amounts of Loans
Rate or interest payable annually
(1) Rs. 7,11,500 (being ten lakhs, minus the amount
of the loan of 1883-84 raised by the Board from
the public)
(2) Rs. 15,50,000
4-1/2 percent
’’
——————
2[*********]
1Subs. by Act 45 of 1974, s. 2, for “Central Government” which had been substituted by A.O., 1937, for “Governor -
General-in-Council”.
2Schedule C omitted by the Ordinance No. XXXI of 2000, s. 30, w.e.f. 02-07-1997.
(Schedule)
1SCHEDULE D
2[See section 28A, sub-section (7).]
AGGREMENT BETWEEN BOARD AND THE MUNICIPALITY
An agreement made this the 18th day of January one thousand nine hundred and o ne between the
Municipality of Karachi of the one part and the Trustees of the Port of Karachi of the other part, whereby it is
agreed as follows :—
1. The Municipality of Karachi (hereinafter called the Municipality) agrees to sell and the Trustee of
the Port of Karachi (hereinafter called the Trustees) agree to purchase at or for the price of Rs. (18.054 -5-0)
eighteen thousand and fifty-four and annas five only, to be paid as hereinafter mentioned, all that eight-inch water
main now laid an extending from the Currie Reservoir to the Travellers' Bungalow at the junction of Preedy and
Bunder Roads and all the iron piping connections and all appurtenances to the said main belonging or appertaining
thereto.
2. The Trustees shall lay a six -inch main from the point where the said eight -inch main terminates,
joining up one with the other, and carry such six-inch main along the Bunder Road as far as the Merewether Clock
Tower then across the road into the Port Trust Import Yard along the cart road in front of the Platform Sheds
joining the Bunder Road after passing the Custom House on its south side and along the Napier Mole Road to
any such point or points at Keamari as the Trustees may now or at any time hereafter deem necessary or expedient.
3. The Trustees shall be at liberty to open up all roads along which the said six-inch main is to be laid
to such depth or width as may be reasonably necessary, provided always that any road or portion of road so opened
up shall be closed and restored to its original condit ion as soon as the main has been laid and provided also that
the Trustees shall fence the road so opened and take all the necessary precautions to avoid injury etc., to passengers
and vehicular traffic. The work of laying the main shall, when commenced, co ntinue without interruption until
completion.
4. The pipe shall wherever practicable, be laid at such a depth below the surface of the road that there
shall be at least two feet of filling over every portion of the same.
5. During the construction of the main the Engineer of the Municipality shall at all times have access
to the works for the purpose of satisfying the Municipality that the laying of the pipes is being satisfactory carried
out.
6. The Trustees shall pay to the Municipality the said sum of Rs. 18.054-5-0 herein agreed to be paid
one the completion of the six-inch main and when the new 6 annas rate comes into force.
7. During the continuance of this agreement the whole of the said main from the Currie Reservoir to
Keamari shall be the exclusive property of the Trustees, and the Trustees shall maintain and keep the same in
proper repair and do all renewals add other works necessary for the proper unkeep of the line in such a manner
that whenever, during the continuance of this agreement and under the terms thereof or when on the expiration of
30 years the line is taken over by the Municipality it shall be in a thoroughly good and satisfactory condition to
fulfil at that time the functions for which it was originally laid. The Port Trust in fact agree to hand over the main
in the same satisfactory conditions as the Municipality would reasonably be expected to have maintained had it
been their own property. That in case of any dispute between the Municipality and the Port Trust as to the
satisfactory condition of the pipes at the time they are taken over by the Municipality, the dispute shall be referred
to the Commissioner in Sind for final decision.
1Schedule D was inserted by s. 31 of the Karachi Port Trust (Amendment) Act, 1902 (Bom. Act II of 1902).
2This reference is to the section as originally in ibid, s. 15 and not to the existing section of the Act.
1886: Bom. Act VI] Karachi Port Trust
(Schedule D)
SCHEDULE D.—contd.
8. The Trustees shall be at liberty at any time hereafter and from time to time, on giving one clear day's
notice to the Municipality, to take up the road at any point between the Currie Reservoir and Keamari as may, in
the opinion of their engineer, be necessary for examining or repa iring any pipe or joint, or for laying any branch
pipes, the Trustees in all cases restoring the road to its original condition so soon as the work is completed.
9. So long as this agreement shall remain in force the said main shall be used by the Trustees for the
following purposes only, that is to say, for the work of the Port Trust and for the supply of water to ships and to
Manora through the Port Trust, and no branches shall be taken from the said main for the supply of water to any
person or persons or for any purpose except by the Trustees and for Port Trust proposes or for the supply of water
to the shipping and to Manora through the Port Trust provided that, if at any time the supply of water by the
Municipality at Keamari shall be found to be insufficient for railway requirements, then water supplied to
locomotives engaged on Port Trust work shall be considered as supplies for Port Trust purposes.
10. All water shall, on passing through the junction between the said eight -inch main and the said six-
inch main be measured by a meter to be supplied fitted and maintained in proper working order by the Trustees
provided the said meter is off the main road. The said meter shall be of a pattern approved of jointly by the Port
Trust and Municipal Engineers. In the event of either the Port Trust or the Municipality being uncertain as to the
accuracy of the meter adopted either party may put in a second meter on any portion of the six or eight-inch main
in order to test the accuracy of the first. The meter to be kept under two independent lock. and keys, so that neither
the Port Trust nor the Municipal representative can inspect the meter independently.
11. The Trustees shall pay to the Municipality for all water as go measured by meter at the rate of six
annas per one thousand (1,000) gallons; payment to accrue due on the 1st day of each calendar month and to be
made as soon as the amount due shall have been determined.
12. The Trustees shall pay in addition to the said rate of six annas for one thous and (1,000) gallons, so
long as the present temporary plague tax on water is chargeable to all other consumers, the plague tax of three
annas per one thousand (1,000) gallons, and during the continuance of this agreement the Trustees shall be subject
in the same way as all other sections of the community, shall be subject to any special tax of like nature to the
present plague tax that maybe levied on all consumers of water under the sanction of the Government.
13. The valve communicating between the Currie Reservoir and the said main shall be always kept
open, except when for the purposes of cleaning or repairing the Reservoir or for some similar purpose or when it
be necessary under extraordinary circumstances in the interest of the public to restrict the supply it be absolutely
necessary that it be closed but before so closing it the Municipality shall give at least 24 hours’ notice to the
Trustees of their intention so to do. In the event of any difference of opin ion between the Port Trust and the
Municipality as to weather it is necessary in the interests of the public to close the valve, the question shall be
referred to the Commissioner in Sind, whose decision shall be final on the point, but the valve shall in such case
not be closed until the Commissioner in Sind's decision is given.
14. During the continuance of this agreement the Municipality shall not make any connection or branch
to or from any part of the said main, nor shall the Municipality do or suffer to be done anything whereby the said
main or any part thereof shall be injured or exposed to injury, or whereby the free flow of water from the Currie
Reservoir (subject to the provision made in clause 13) into and through the whole length of the said mai n to
Keamari shall be obstructed or in any way impeded.
SCHEDULE D.—contd.
15. This agreement shall, unless previously terminated as hereinafter provided, continue in force for the
term of 30 years commencing from such date as the Trustees shall commence to use the said main for the purpose
or drawing water therefrom at Keamari.
16. On the termination of this agreement, by efflux of time the whole of the said main and all its
appurtenances shall become the absolute property of the Municipality.
17. The Municipality may at any time, by giving three months’ notice in writing of its intention so to
do, terminate this agreement and take over the whole of the said main with all its appurtenances on payment of
its value at the time of taking it over. This val ue shell calculated on the basis of provisions of clause 16 hereof.
i.e., the price to be paid shall bear the same portion to the original cost of the main (viz., the price under clause 1
and the cost of extension incurred under clause 2 hereof) as the unexpired portion of 30 years to 30 years.
18. So soon as the said main and its appurtenances have been taken over by the Municipality under
provisions herein contained, the Engineer to the Municipality and all necessary Assistants and workmen shall at all
times have access to the Import Yard or other premises belong to the Port Trust in or under which any portion of the
said main shall be laid for the purpose of examining, repairing or doing any other necessary work in connection with
the said main or any branches thereof. And it shall be lawful for the Municipality to make any branch connections that
they may think necessary with the said main, and for that purpose to open up the ground within the Port Trust premises
in such places and to such depth and width as may be necessary: Provided always that it shall be lawful for the Trustees,
at anytime after the said main shall have been taken over as aforesaid at their own costs in all things, to remove from
their premises such portion of the said main as shall be in or under their premises and relay the same in or under
Municipal land, such relaying being carried out under the direction and to the satisfaction of the Engineer to the
Municipality.
19. From and after the termination of this agreement, whether b y the efflux of time or otherwise under
the provisions herein contained, the Trustees shall pay the municipality for water if they require to be supplied to them
at such rates as shall mutually be agreed on or, failing this as the Municipality with the san ction of the Local
Government shall determine.
In witness whereof, the said Municipality by their President and two Municipal Commissioners have set their
hands and seals to one part of these presents, and the said Trustees by their Chairman and two of t he said Trustees
have set their hands and seals to another part of these presents the day and year first above written.
Signed, sealed and delivered by TEHILRAM KHEMCHAND,
President, Karachi Municipality.
In the presence of J. FOR REST BRUNTON,
Secretary and Acting Engineer, Karachi Municipality.
Signed, sealed and delivered by J. McCLOGHRY,
Lieut.-Colonel, I.M.S.
In the presence of BYRA MJEE FRAMJEE,
Head Clerk, P.M.O’s Office.
Signed, sealed and delivered by J. A. BELL, Major,
A.A.G. Sind District.
In the presence of NIHALCHAND HOTECHAND,
Clerk, Municipal Office.
Signed, sealed and delivered by REGINALD POCOCK BARROW, Chairman of the Trustees of the Port of
Karachi, in the presence of
(Signed) R. P. BARROW
S. H. ROZARE,
Acting Secretary, Karachi Port Trust.
Signed, sealed and delivered by WILLIAM EDLIN YOUNG, Vice-Chairman of the Trustees of the Port of
Karachi, in the presence of
(Signed) W. E. YOUNG
S. H. ROZARE,
Acting Secretary, Karachi Port Trust.
Signed, sealed and delivered by Captain HUGH ALAN CAMERON, R.E., Trustee of the Port of Karachi,
in the presence of
(Signed) H. A. CAMERON,
Captain R.E.
S. H. ROZARE,
Acting Secretary, Karachi Port Trust.
——————
1886: Bom. Act VI] Karachi Port Trust
(Schedule E)
1SCHEDULE E
(See section 69C)
OF BOUNDS ALLOTED FROM KARACHI PORT TRUST SECOND ISSUE OF LOAN OF 13 LAKHS TO
KARACHI PORT TRUST FUNDS.
Particulars of Loans and Numbers of Debentures
Number
Amount
Total
Grand Total
4 per cent, Karachi Port Trust Debenture Loan (Rs.
10,93,500), 2nd Issue of Loan of 13 lakhs for appliances
and Harbour Works—
Numbers 969 at 973
’’ 974 at 993
’’ 948, 994 at 1,003
5
20
11
Rs.
5,000
1,000
500
Rs.
25,000
20,000
5,500
Rs.
50,500
1Schedule E inserted by the Karachi Port Trust (Amendment) Act, 1902 (Bombay Act No. II of 1902), section 31.Original source pages: graphics and forms
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Section 33
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I. PENALTIES 70. Penalty for being interested in contracts with Board. 71. Penalty for obtaining illegal gratification. 72. Penalty for infringement of Section 33, 34, 36 or 41. 73. Penalty for refusing or neglecting to appear before an auditor of accounts, etc. 74. Penalty for understanding quantity or weight of goods etc. 75. Penalty for evading rates etc. 76. Compensation for da
Section 21
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age, in possession thereof.] [NOTE.-The Provisions of this Act are to be construed as if references in it to Government [except in clause (2) of the proviso to section 21 and clause (1) of section 61] or the Governor -in-Council to the Bombay Government Gazette and to the Accountant- General, Bombay, were references to the Governor-General-in-Council, to the Gazette of India and to the Comptro
Section 61
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[NOTE.-The Provisions of this Act are to be construed as if references in it to Government [except in clause (2) of the proviso to section 21 and clause (1) of section 61] or the Governor -in-Council to the Bombay Government Gazette and to the Accountant- General, Bombay, were references to the Governor-General-in-Council, to the Gazette of India and to the Comptroller, Sind , respectively, se
Section 5
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ion) Act,1951 (26 of 1951), s.5 and Fourth Sch., for “Bom bay Government Gazette”. 3Subs. By the Karachi Port Trust (Amdt.) Act, 1924 (Bom. Act 6 of 1924), s.3, for section 5. 4Subs. By the Karachi Port Trust (Amdt.) Ordinance, 1960(11 of 1960), s.2 for “seventeen” which had been subs. by the Karachi Port Trust (Second Amdt.) Act,1950 (42 of 1950), s.3, for “sixteen”. 5Subs. by the Karachi Port
Section 6
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by the Karachi Port Trust (Second Amdt.) Act,1950 (42 of 1950), s.3, for “sixteen”. 5Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914) s.2, for section 6. 6Subs. by Act 42 of 1950, s.4, for sub-section (2). 1[7. Nomination of other trustees. (1) Of the remaining trustees, one shall be elected by the Chamber and Industry, Karachi, one shall be elected by the Ka
Section 82
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) of Selection 7 of the Act to succeed trustees whose term of office expires, or to take office in accordance with the provisions of clause (b) of sub-section (4) of Section 82, as the case may be, shall be held on some day between such dates as may by notification in the official Gazette be fixed by the 6[Federal Government] in this behalf, and appointments of such trustees by the 6[Federal Governm
Section 82
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appointed shall begin on the day next following that on which the term of their predecessors in office, or the period specified in an order under sub-section (1) of Section 82 or extended under clause (a) of sub-section (4) of that section as the case may be expires.]. 1 Subs. by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914), s. 4, for “or”. 2The words “in the Bombay Gove
Section 15
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if he be a nominee trustee.] 14. Re-eligibility of trustees . A person who has alrea dy been a trustee on one or more occasions shall, if not disqualified under section 15, be again eligible at any time for election or appointment. DISQUALIFICATIONS OF TRUSTEES 4[15 Disqualifications for office of trustee. (1) A person shall be disqualified to be a trustee who:- (a) is an un-cer
Section 3
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or without the permission of the Board from six consecutive ordinary meetings of the Board; or (c) acts in contravention of, the provisions of the next succeeding section 3[or]; 4[(d)] ceases to be a member of the Constituency by which he has been elected;] shall cease to be a trustee, and his office shall thereupon become vacant. 5[(2) In the event of th
Section 15
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take part in discussion of, or vote on, any matter in which he has directly or indirectly , by himself or his partner, any share or interest such as is described in section 15, or in which he is interested either professionally on behalf of a client or as agent for any person.] REMUNERATION OF TRUSTEES 16. Remuneration of Chairman to be fixed by Government. 2[(1) The Chairman’s remune
Section 67
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o hundred fifty thousand ]. In the case of every contract which will involve expenditure exceeding 3[two hundred fifty thousand ] rupees not reported forthwith under section 67 4*** to Govt. as required for a pressing emergency the previous and final approval of Government to an estimate at the time in force in which provision is included for such expenditure is required. (4) Sanction of Board
Section 22
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inistration and in the matters, concerning the accounts and records of the Board; and subject to the regulations at the time being in force framed by the Board under section 22, dispose of all questions relating to the service of the said officers and servants, and their pay, privileges and allowances. (3) furnish to Government a copy of the minutes of any of the Board’s proceedings and any r
Section 22
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t exceeding six months whose pay is not more than rupees one hundred per mensem, shall not be deemed to be officers or servants within the meaning of this section or section 22 clause (1) to (4) both inclusive, or of section 23,] 1The two paras following para 1 of s. 21 rep. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of
Section 23
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rupees one hundred per mensem, shall not be deemed to be officers or servants within the meaning of this section or section 22 clause (1) to (4) both inclusive, or of section 23,] 1The two paras following para 1 of s. 21 rep. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.11. 2Subs. by the Karachi Port Trust (S
Section 22
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3* * * * * * * POWERS OF APPOINTMETN, ETC. 23. Appointments etc. by whom to be made . – 4[(1) Subject to the provisions of the regulations made under section 22 and of the Schedule of officers and servants for the time being in force, all administrative powers including those of appointment, promotion, suspension and punishment of the officers and servants of the Board shall be exerc
Section 18
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.7.1997). 5See foot-note 2 on page 3, supra. (3) An appointment made in this section shall not be deemed to be a contract or agreement within the meaning of section 18.] 1* * * * * * * 24. Orders and regulations for officers. – 2[ Every order or regulation shall be made by - (i) the Chairman, in the case of officers in Basic Pay Scale 16 to 18; (ii) the Board, in re
Section 23
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holding posts in Basic Pay Scale 20 and 21.] --------------------- 1Fourth paragraph of section 23 omitted by the Karachi Port Trust (Amdt.) Act, 1914 (Bom. Act 1 of 1914), s.9 . 2Subs. by Ordinance 31 of 2000, s.8 (w.e.f. 2.7.1997). IV. OF THE PROPERTY AND LIABILITIES OF THE BOARD GENERAL POWERS AS TO PROPE
Section 25
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ne and demarcate such boundaries, and the decision of Government in respect to such boundaries 7* * * shall be conclusive; 1The remaining portion of section 25 was rep. by the Karachi Port Trust (Amdt.) Act, 1902 (Bom. Act 2 of 1902), s.13. 2Subs. by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and Third Sch., for “Government”. 3The original words “Local Government” successive
Section 10
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1937. 5S.27 re-numbered as sub-section (1) of that section by Act 42 of 1950, s.17. 6The words and figures “upon and after the date notified by the Government under section 10” rep. by Bom. Act 2 of 1902, s.14. 7The words “when approved by the Governor -General-in-council” omitted by Sind Reg. 6 of 1936, s.4 and Third Sch. (ii) any portion of the land specified in the said schedu
Section 29
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s may be prescribed on willful breach of or failure to comply with such rules and regulations; and (d) may entrust, transfer, lease or assign works referred to in section 29 to any other person, agency, department, company, or contractor on such terms and conditions as the Board may prescribed or on partnership, joint venture or sharing basis as may be mutually agreed to between the Board and t
Section 29
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issued under this Act: Provided further that nothing in this section shall prevent the Board contracting out any or all of the services or works as provided in section 29.” 29B. Board may form independent subsidiary company . For carrying out he purposes of this Act, the Board may with the prior approval of the Federal Government, form an independent subsidiary or company to be incorp
Section 33
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ard or, as the case may be the Chairman]. 36. Power of Federal Government to exempt from obligation to use wharves, etc., and. Notwithstanding anything contained in Section 33 and 34, the 3[Federal Government] may, be notification in the 4[official Gazette], from time to time permit certain specified vessels or classes of vessels to discharge or ship cargo, or certain specified cargo or classes o
Section 29
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utensils, staging or materials supplied by the Board for the purpose of any vessel using, or any person working in any such dock. (b) Subject to the provisions of section 29 for the use of water -boats, barges and fire engines belonging to or maintained by the Board and for water supplied by the Board in accordance with the provisions of section 29; and (c) For the towing of and rendering as
Section 29
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for the use of water -boats, barges and fire engines belonging to or maintained by the Board and for water supplied by the Board in accordance with the provisions of section 29; and (c) For the towing of and rendering assistance of the nature referred to in clause (10) of section 29 to vessels outside the limits of the port.
Section 29
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ied by the Board in accordance with the provisions of section 29; and (c) For the towing of and rendering assistance of the nature referred to in clause (10) of section 29 to vessels outside the limits of the port. 1 section 43A Ins. by Karachi Port Trust (Amdt.) Act No, 1902 Act 2 of 1902), s. 19. 1[43B. Sca
Section 43A
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eferred to in clause (10) of section 29 to vessels outside the limits of the port. 1 section 43A Ins. by Karachi Port Trust (Amdt.) Act No, 1902 Act 2 of 1902), s. 19. 1[43B. Scales framed under last two sections to be submitted to Government for sanction – Every scale framed and every alteration of a scale made by
Section 46
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ge by sale of goods . If the toils, dues rates and charges payable to the Board under this Act in respect of any goods which have been landed 1[or if rents due under section 46] are not paid, or if the lien for freight, primage or general average, where such notices as aforesaid has been given, is not discharged, the Board may, and in the latter event, if required by or on behalf of the person claim
Section 50
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e goods within such period as may be specified in the notice]. (2) Such notice shall be published and served in the manner prescribed in paragraph 2, 3 and 4 of section 50 but where the owner is not known or the notice cannot be served upon him or he does not comply with the notice, the Board may sell the goods by public auction after the expiration of 3[thirty days] from the date on which such
Section 46
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pplied as follows:- (a) in payment of the expenses of the sale; (b) In payment, according to their respective priorities, of the liens and claims accepted in section 46 from the priory of the lien of the Board; 1Section 50A ins. by Act No.23 of 1950, s.14. 2Subs. By the Karachi Port Trust (Amdt.) Act, 1974(45of 1974), s. 4. fo
Section 77
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the amount so chargeable shall have been paid. 2[53A. Alternative remedy by suit. – Notwithstanding anything contained in the eight sections last preceding and in Section 77, the Board may recover by suit any tolls, dues, rates, charges, damages, costs, or in case of sale the balance thereof, when the pr oceeds of sale are insufficient or any penalties or fines payable to or recoverable by the Bo
Section 57
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tment, or otherwise as to them may appear expedien t; Provide that such by-laws shall first have been approved by Government, and published in the manner directed by section 57– 3[:] 3[ Provide further that the Board may allow or authorize any other person or body of persons to exercise the right and privilege of maintaining pilots on the terms and conditions laid down by the Board.]
Section 61
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and income of Board . – All loans repayable by the Board, whether contracted prior to or after the commencement of this section, shall, subject to the provisions of section 61, be a first charge on the income of the Board and on the property now vested, or which may hereafter become vested, in the Board. 1See foot note 5 on page 16. Supra. 2The o
Section 69
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duced by the sinking fund, or the part of the sinking fund so applied. The sums so set apart a sinking fund shall be invested in public securities as defined by section 69 of this Act, or in such other securities as Government may approve in this behalf, and shall be held in trust for the purposes of this Act by the Board. 59G. Annual examination of sinking fund. – The sinking fund establish
Section 69
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may from time to time be prescribed by Government : provide that nothing in this section shall be deemed to prohibit an investment in public securities as defined in section 69; and the said securities shall be held in trust for the purposes of this Act by the Board.] (2) 4[No drawls from the bank, or disbursement of such moneys or part thereof, shall be made except upon a cheque signed –
Section 79
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in respect of any loan that may have been raised by the Board or for the repayment of which it is liable; (3) any charges for which the Board may be liable under section 79 or section 80; 1Subs. by the Karachi Port Trust (Amdt.) Act, 1909 (Bombay Act 2 of 1909) , s.3 for the original s.61 2Subs. by the Sind Laws Regulation, 1936 (6 of 1
Section 80
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any loan that may have been raised by the Board or for the repayment of which it is liable; (3) any charges for which the Board may be liable under section 79 or section 80; 1Subs. by the Karachi Port Trust (Amdt.) Act, 1909 (Bombay Act 2 of 1909) , s.3 for the original s.61 2Subs. by the Sind Laws Regulation, 1936 (6 of 1936), s.4 and
Section 15
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t nothing in this section shall apply to any person by reason only of his having any such share or interest as is described in clauses (a) to (f) of sub-section (2) of section 15.]. 71. Penalty for obtaining illegal gratificat ion. – Any person employed under this Act, not being a public servant within the meaning of section 21 of the 2[Pakistan Penal Code (XLV of 1860)] who shall accept or obtai
Section 33
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nishment as is provided by the 2[Pakistan Penal Code (XLV of 1860)] in the case of the like offence committed by a public servant. 72. Penalty for infringement of section 33, 34, 36 or 41. – Whoever infringes any order issued under section 33 or 34 or any condition prescribed under section 36 or 41 shall be punished with fine which m ay extend to 3[two hundred thousand] rupees, and, if the infri
Section 33
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the case of the like offence committed by a public servant. 72. Penalty for infringement of section 33, 34, 36 or 41. – Whoever infringes any order issued under section 33 or 34 or any condition prescribed under section 36 or 41 shall be punished with fine which m ay extend to 3[two hundred thousand] rupees, and, if the infringement be continuing, with a further fine which may extend to 3[twent
Section 36
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servant. 72. Penalty for infringement of section 33, 34, 36 or 41. – Whoever infringes any order issued under section 33 or 34 or any condition prescribed under section 36 or 41 shall be punished with fine which m ay extend to 3[two hundred thousand] rupees, and, if the infringement be continuing, with a further fine which may extend to 3[twenty thousand] rupees for every day such order or co
Section 68
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ny books, deeds, contracts, accounts, vouchers, documents or papers, or to make or sign any declaration when duly required so to do by any auditor of accounts under section 68, shall be punished for, every such neglect or refusal with fine which may extend to 4[one thousand] rupees. 74. Penalty for understanding quantity or weight of goods etc. – If it be found, when goods are imported at, or
Section 55
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if, at the time of the damage or mischief, the vessel was under the orders of a duly authorized officer belonging to the pilot service 4[maintained by the Board under section 55] or to the Harbour Master ’s or Port Officer’s department, 4[and if such damage or mischief is in any way attributable to the order, act or improper omission of such officer,] the case shall not be cognizable by the Magistr
Section 56
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. 77. Cognizance of offences against Act. – Except as is otherwise provided in sections 74 and 76, all offences against this Act or against any bye-law made under section 56 shall be cognizable by a Magistrate. All 5** damages recovered from any offender or by any distress under section 76 shall be paid to the Board. 1Subs. by the Federal Laws (Revision and Decla
Section 76
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st this Act or against any bye-law made under section 56 shall be cognizable by a Magistrate. All 5** damages recovered from any offender or by any distress under section 76 shall be paid to the Board. 1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (Act 26 of 1951), s. 5 and Fourth Sch., for “Indian Penal Code”. 2Subs. by Ord. No. 31 of 2000 (w.e.f.
Section 43
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g made by the Board to meet their liabilities, Government may require the Board, by an order in wri ting to increase, subject to its sanction and to the provision of section 43 to such extent and for such period as shall appear necessary, the tolls, dues, rates and charges or any of them for the time being in force under the said section. And on Board’s failing to do so, may itself
Section 43
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, charge s, or any of them, and such notification shall have the same force as if a new scale to the same effect had been duly framed, sanctioned and published under section 43. 2[82. Government may revoke powers of Board. – (1) If at any time the 3[Federal Government] is satisfied. (a) that the purposes intended to be accomplished under this Act, have not been, and ar
Section 27
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rdingly.] 1886: Bom. Act VI] Karachi Port Trust (Schedule A) SCHEDULE A (See section 27) PROPERTY VESTED IN THE BOARD All the right, title and interest of the Secretary of State for India in Council in the following lands, buildings, workshops, piers, break-waters, groynes, embankments, bridge, light-hou
Section 28
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described heretofore in the charge of the Port Officer of Karachi, the Port Engineer of Karachi, or of the Karachi Harbour Board. ————— SCHEDULE B (See section 28) (1) LOANS RAISED BY THE KARACHI HARBOUR BOARD FROM THE PUBLIC WITH THE SANCTION OF THE 1[FEDERAL GOVERNMENT] AND NOT YET DISCHARGED. Year in which taken up Amount taken up Rate of interest payable annual
Section 28A
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, for “Governor - General-in-Council”. 2Schedule C omitted by the Ordinance No. XXXI of 2000, s. 30, w.e.f. 02-07-1997. (Schedule) 1SCHEDULE D 2[See section 28A, sub-section (7).] AGGREMENT BETWEEN BOARD AND THE MUNICIPALITY An agreement made this the 18th day of January one thousand nine hundred and o ne between the Municipality of Karachi of the one part and the Trustees of
Section 69C
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1886: Bom. Act VI] Karachi Port Trust (Schedule E) 1SCHEDULE E (See section 69C) OF BOUNDS ALLOTED FROM KARACHI PORT TRUST SECOND ISSUE OF LOAN OF 13 LAKHS TO KARACHI PORT TRUST FUNDS. Particulars of Loans and Numbers of Debentures Number Amount Total Grand Total
Section 31
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1Schedule E inserted by the Karachi Port Trust (Amendment) Act, 1902 (Bombay Act No. II of 1902), section 31.
Other laws referring to provisions of this instrument 1
Section 3 of Karachi Port Trust Act, 1886
Cited by Karachi Port Security Force Ordinance, 2002
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isions of this Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty. FIRST SCHEDULE Karachi Port limits as defined under section 3 of the Karachi Port Trust Act, 1886, under the Port Act, 1908 and under S.R.O. 307(KE)/91, dated 5th O ctober, 1991, inclusive of the h arbour waters bonded area the Karachi Fisheries Harbour as defined under the Karachi Fisheries Harbour Authority Ordinance
Target heading · Karachi Port Trust Act, 1886
3. Power to define and alter limits of Port. Government may, 1***by notification in the 2[Official Gazette] (a) define the limits of the port for the purpose of this Act, and (b) from time to time alter such limits. Such limits may extend to any part of the navigable approaches to the port, and may i
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- ce39c84ba47824e3f66561435b1bea22a3d949bceb4541b1cf428fcbdaa95eba
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