Section 20 in The West Bengal Maritime Board Act, 2000
20. Private participation in ports.
(1)The Board may, with the approval of the State Government, invite private, public or joint sector undertakings to conduct studies and surveys for the purpose of setting up minor ports or to construct, own, operate and manage minor ports and to perform all or any of the functions of the Board under section 18, on such terms and conditions as it may consider fit and expedient:Provided that the selection of any such private, public or joint sector undertakings shall be by open and competitive bidding, the evaluation being made either on the basis of such criteria as may be laid down clearly in the tender document or by negotiation as the State Government may think fit and proper and may give its approval in writing, stating the reasons therefor.Explanation. - For the purposes of this sub-section, -(a)the expression "operate and manage" shall include providing security, lighting of the port, port waters and port approaches, dredging of the navigation channel, observing health and environment norms, and keeping the ports fit and ready in all respects for movement of vessels;(b)the approval of the State Government shall be necessary both before inviting private, public or joint sector undertakings and the acceptance of the competitive or negotiated bid for such participation;(c)for the removal of doubts, it is hereby declared that-(i)the Board may, with the previous sanction of the State Government, entrust all or any of the works or services to be set up and provided in the port to the selected undertaking, and(ii)the State Government shall have the power to permit private investment in the creation, operation and management of minor ports and all or any of the facilities related thereto in such manner, and on such terms and conditions, as it may think necessary and expedient in the public interest.(2)So long as the Board is not constituted or does not start functioning, the State Government shall have the power to invite a private, public or joint sector undertaking for setting up, or for management and operation, of a minor port under sub-section (1).
