Section 28 in The West Bengal Maritime Board Act, 2000
28. Inspection of ports, facilities and works in ports and vessels using ports.
(1)The Board shall undertake inspections of ports and the facilities and works therein and the vessels using the ports to ensure that the facilities and services, including essential services of dredging, health and security, are being maintained properly, and the management of the ports or of any of the works and services of the ports shall render such assistance and furnish such information as may be required by the Board for the purpose.(2)Where the Board, upon such inspection, is of the opinion that essential services of dredging or health or security are being persistently neglected by the management of a port, where such services are in the charge of a person other than the Board, the Board may, with the prior approval of the State Government, take over the management of such port or of any of its works or services. All costs incurred by the Board for such management or for any operation in this behalf shall be recovered from the person who had been managing or operating the port or the services before such taking over of the management.(3)No person or vessel passing through a port or using its facilities or services shall refuse to pay the rates fixed therefor by the Board or shall fraudulently avoid the payment thereof.(4)Where the Board itself manages or operates a port, the Board, or where a person or an undertaking is in charge of the management and operation of a port under the provisions of this Act, such person or undertaking, shall be liable to pay the rents, rates and taxes that are payable to the State Government or the Central Government or the local authority as required under any law for the time being in force.(5)The Board or the person who is in charge of the management or operation of a port shall not demand or levy any charge other than those fixed under the provisions of this Act.(6)(a)Where the State Government or the Board allows a person to set up a minor port, such person shall bear all the costs of acquisition of land for the purposes of the port.(b)The funds for payment of the cost of acquisition of land shall be deposited by such person with the Board or the State Government according to the requisition made for such funds from time to time and the Board or the State Government, as the case may be, shall regulate the payment of costs of acquisition of land out of the said funds.
