Section 36 in The West Bengal Maritime Board Act, 2000
36. Performance of services by Board or other persons.
(1)The Board shall have power to undertake the following services: -(a)stevedoring, landing, shipping or transhipping passengers and goods between vessels in a port and the wharves, piers, quays, or docks belonging to, or in the possession of the Board;(b)receiving, removing, shifting, transporting, storing or delivering goods brought within the premises of the Board;(c)carrying passengers within the limits of the port or port approaches by such means and subject to such restrictions and conditions as the State Government may think fit to impose; and(d)piloting, hauling, mooring, remooring, hooking or measuring of vessels or any other service in respect of vessels.(2)The Board may, if so requested by the owner, take charge of his goods for the purpose of performing the services under sub-section (1) and shall give a receipt in such Form as the Board may specify.(3)Notwithstanding anything contained in the foregoing provisions of this section, the Board may authorise any person to perform any of the services referred to in sub-section (1) on such terms and conditions as may be agreed upon.(4)No person authorised under sub-section (3) shall charge, or recover, for any of the services as aforesaid any sum in excess of the amount according to the scale of rates fixed by the Board under this chapter.(5)Any person as aforesaid shall, if so required by the owner of any goods, perform in respect of such goods any of the services referred to in sub-section (1) and, for that purpose, take charge of the goods and give a receipt in such Form as the Board may specify.(6)The responsibility of such person for the loss, destruction or deterioration of the goods of which he has taken charge shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872.(7)After any goods have been taken charge of, and a receipt has been given for them, under this section, no liability for any loss or damage which may occur to them shall accrue to any person to whom a receipt has been given or to the master, or the owner, of the vessel from which the goods have been landed or transhipped.
