SRI LANKA PORTS AUTHORITY [Cap. 232ActNo. 51 of 1979.Short title.Ports to whichthis Actapplies.CHAPTER 232SRI LANKA PORTS AUTHORITYAN ACT TO PROVIDEFORTHEESTABLISHMENTOFTHE SRI LANKA PORTS AUTHORITY TODEVELOP,MAINTAIN,OPERATEAND PROVIDEPORTANDOTHERSERVICES INTHEPORTSOFCOLOMBO,GALLEANDTRINCOMALEEANDANYOTHERPORTASMAYBEDECLAREDHEREAFTERBYTHEMINISTERBYORDER,TOBEAPORTTOWHICHTHISACTSHALLAPPLY;FORTHEEXERCISE,PERFORMANCEANDDISCHARGEBYTHATAUTHORITY OF THE POWERS, DUTIES AND FUNCTIONS OF THE PORTCOMMISSIONER,THE PORT(CARGO) CORPORATION,ANDTHE PORTTALLY ANDPROTECTIVE SERVICES CORPORATION AND SUCH OTHER POWERS, DUTIES ANDFUNCTIONSASMAYBECONFERRED,ASSIGNEDORIMPOSEDONTHATAUTHORITYBYLAW;FORMA?TERSINRELATIONTOTHEOFFICERSANDSERVANTS,PROPERTY,RIGHTS,• BLIGATIONS AND LIABILITIESOFTHEPORT(CARGO)CORPORATIONANDTHE PORT TALLY AND PROTECTIVE SERVICES CORPORATION AND THE PUBLICOFFICERS OF, THE PROPERTY HELD BY, AND THE RIGHTS, OBLIGATIONS ANDLIABILITIES OF, THE DEPARTMENT OF THE PORT COMMISSIONER; FOR THEREPEALOFTHEPORTOFCOLOMBO(ADMINISTRATION) ACT, THEPORT(CARGO)CORPORATION ACT AND THE PORT TALLY AND PROTECTIVE SERVICESCORPORATION ACT; FOR THE MODIFICATION OF CERTAIN LAWS IN THEIRAPPLICATIONTOTHE PORTSOFCOLOMBO,GALLEANDTRINCOMALEEANDANYOTHERPORTASMAYBEDECLAREDHEREA~ERBYTHEMINISTERBYORDER,TOBEAPORTTOWHICHTHISACTSHALLAPPLY;ANDFORCONNECTEDMA~ERS.[lsz August, 1979.)1. This Act may be cited as the Sri date shall be the limits of the specified ports,Lanka Ports Authority Act. with the exclusion of-2. (1) This Act shall apply, in, to, and inrelation to, the Ports of Colombo, Galle,Trincomalee, and any other Port, as may be(a) the areas within limits defined forports declared as Naval Ports underthe Navy Act ; anddeclared hereafter by the Minister by Orderpublished in the Gazette to be a port to (b) land, buildings and other propertiesof the Sri Lanka Customs within which this Act shall apply. the limits of the specified ports.(2) The ports to, and in relation to, PART Iwhich this Act shall apply are hereafter inthis Act referred to as “specified ports”. CONSTITUTION OF THE SRI LANKA PORTSAUTHORITY AND ITS POWERS,DUTIES AND(3) The Minister may by Order FUNCTIONSpublished in the Gazette, from time to time,define the limits of any specified port. 3. There shall be established an The sri LankaAuthority to be called the Sri Lanka Ports portsAuthority, hereafter in this Act referred toAuthority.(4) Until an Order is made under as the “ Ports Authority ” and which shallsubsection (3) in relation to any specified consist of the persons who are for the timeport, the limits of the specified ports on the being members of that Authority underday immediately preceding the appointed section 5.x/47.The Ports 4. The Ports Authority shall, by theAuthority to bea body name assigned to it by section 3, be a bodycorporate. corporate and shall have perpetualsuccession and a common seal and may sue

and be sued in that name.Membership of 5. (1) The Ports Authority shall consistthe PortsAuthority. of the following members :-(u) the Chairman and five othermembers all of whom shall beappointed by the Minister fromamong persons who appear to theMinister to have wide experience in,and to have shown capacity in, portdevelopment or port operations orlegal or financial matters, orshipping, commercial orengineering a c t i v i t i e s o radministration or labour relations ;(b) a representative of the GeneralTreasury nominated by the Ministerin charge of the subject of Finance ;(c) the Principal Collector of Customs ;and(d) a representative of the Ministrycharged with the subject ofFisheries, nominated by theMinister in charge of the subject ofFisheries.(2) The Minister may appoint one of themembers appointed under subsection (1) (a),other than the Chairman, to be theVice-Chairman of the Ports Authority.(3) The provisions of Schedule I to thisAct shall have effect in relation to the PortsAuthority.Objects and 6. (1) Subject to the provisions of thisduties Of ports Act it shall be the duty of the Ports Authority. Authority-(a) to provide in any specified port,efficient and regular services forstevedoring, lighterage, shippingand transhipping, landing andwarehousing of dry and wet cargoand cargo in bulk ; for wharfage,the supply of water, fuel andelectricity to vessels, for handlingpetroleum, petroleum products andlubricating oils t6 and from vessels andCap. 2321 SRI LANKA PORTS AUTHORITYbetween bunkers and depots ; forpilotage and the mooring ofvessels ; for diving and under-watership repairs and for other servicesincidental thereto ;(b) to provide in any specified port,efficient and regular tally andprotective services ;(c) to regulate and control navigationwithin the limits of, and the

approaches to, the specified ports ;(d) to maintain port installations and topromote the use, improvement anddevelopment of the specified ports ;(e) to co-ordinate and regulate allactivities within any specified portexcluding the functions of theCustoms ;u> to establish and maintain on and offthe coast of Sri Lanka such lightsand other means for the guidanceand protection of vessels as arenecessary for navigation in and outof the specified ports ;(s) to perform such other duties as areimposed on the Ports Authority bythis Act ;(h) to conduct the business of the PortsAuthority in such manner and tomake in accordance with this Actsuch charges for services renderedby the Authority as will secure thatthe revenue of the Authority is notless than sufficient for meeting thecharges which are proper to bemade to the revenue of theAuthority, to replace assets, makenew investments and‘ to establishand maintain an adequate generalreserve ; and(z) to endeavour to manage the specifiedports and each of them as a selfsupporting enterprise in accordancewith the provisions of this Act.(2) The services provided underparagraphs (a) and (b) of subsection (1) arehereafter in this Act referred to as “ PortServices “.X/48.SRI LANKA PORTS AUTHORITY [Cap. 232(3) Subsection (1) shall not be construedas imposing on the Ports Authority, eitherdirectly or indirectly, any form of duty orliability enforceable by proceedings beforeany court or tribunal to which the Authoritywould not otherwise be subject.Powers of the 7. (1) Subject to this Act, the PortsPortsAuthority. Authority may exercise all or any of thefollowing powers :-(a) to acquire, hold, take on lease, togive on lease, hire, pledge and sellor otherwise dispose of anymovable or immovable property ;(b) to employ such officers and servantsas may be necessary for carrying

out the work of the Authority ;(c) to do anything for the purpose ofimproving the efficiency of portoperations and advancing the skillof persons employed by theAuthority or the efficiency of theequipment of the Authority or themanner in which the equipment isoperated, including the provision bythe Authority and the assistance ofthe provision by others, of facilitiesfor training persons required tocarry out the work of theAuthority ;(d) to establish an insurance scheme, aprovident fund, a welfare fund anda fines fund and to provide welfat e,health and recreational facilities,houses, hostels and other likeaccommodation for personsemployed by the Authority ;(e) to make rules in relation to theofficers and servants of theAuthority, including theirappointment, promotion,remuneration, discipline, conduct,leave, working times, holidays andthe grant of loans and advances ofsalary to them ;cf) to make rules and prescribeprocedures in respect of theadministration of the affairs of theAuthority ;(g) to delegate to the Chairman or toany member or officer of theAuthority any such functions as theAuthority may consider necessaryto delegate for the efficienttransaction of business ;(h) to establish, maintain and operatewithin the limits of any specifiedport, a security service forprotecting POfi installations,equipment, cargo and vessels withinsuch port and for enforcing theprovisions of this Act ;(I’) to acquire any undertaking affordingfacilities for the loading anddischarging or warehousing ofgoods in any specified port or thebunkering of vessels in such port ;0) to carry on the functions of buildersand repairers of vessels andmachinery, removers or salvagers ofwrecks, ship breakers, carriers of

passengers, vehicles and goods byland or sea, stevedores, wharfingers,warehousemen, lightermen, dealersin coal and other kinds of fuel,suppliers of water and stores toshipping and dealers in stores andequipment connected with, orrequired for, any of the aforesaidactivities ;(k) to operate and maintain a railtransport system within the limits ofany specified port ;(I) to control the berthing andmovement of all vessels whether inthe harbour or in the approaches toor alongside any quay, wharf, pieror landing place within the limits ofany specified port and to divertvessels to any specified port ;(m) to enter into, and perform, directlyor through any officer or agentauthorised in that behalf by theAuthority, all such contracts as maybe necessary for the performance ofthe functions and the exercise of thepowers of the Authority ;x /4 9.Cap. 2321 SRI LANKA PORTS AUTHORITY(4(4W(4)(4(4subject to this Act, to levy such portdues, fees and other charges uponvessels, goods, vehicles and inrespect of services within the limitsof any specified port and uponcargo loaded, discharged or kept insuch port as it may deem necessary ;to construct, maintain and operateall means and appliances forberthing, loading and dismooringwithin any specified port ;to provide and use, within theterritorial waters* of Sri Lanka orotherwise, vessels and appliancesfor the purpose of protecting,guiding and communicating withvessels or towing and renderingassistance to any vessel or forrecovering any property lost, sunkor stranded ;to provide such fire services bothwithin any specified port and on thehigh seas, as may be deemednecessary by the Authority for thepurpose of extinguishing fires on

land, on sea or afloat and ofpreserving life and property ;to appoint, license and regulateweighers and measurers andsurveyors of goods within anyspecified port ;to arrange for insurance of goodsthe premises of the Authority ;insubject to this Act, to borrow money(whether by way of overdraft or inany other manner) from anyperson, organization or institutionwithin or outside Sri Lanka or fromthe Government ;to control the use of, and to issuelicences in respect of all craft,equipment, vehicles and servicesthat are operated within the limitsof any specified port ;to survey, plan and execute maritimeengineering works for Governmentdepartments, public corporationsand for other bodies approved bythe Minister ;(w) to clean, deepen or improve anyportion of any specified port and,for any of such purposes toconstruct, maintain and operatedredgers and other appliances andto make hydrographic surveys ;(x) to reclaim, enclose, raise, drain andexcavate any area falling within thelimits of any specified port orbelonging to the Authority ;01) to maintain, repair, erect, cause to beerected and to control the erectionand use of piers, breakwaters,bridges, wharfs, docks, warehouses,stores, offices, shops, dwellings andany other buildings or works withinthe limits of, or the approaches to,any specified port and to instal andmaintain coast lights and othermeans of protecting and guidingvessels ;(z) to provide or cause to be provided,the following services within thelimits of, and the approaches to,any specified port :-(i) the berthing, towing, mooring,moving, slipping or dockingof any vessel includingpilotage ;(ii) the loading or discharging ofany vessel including allancillary services ;(i i i ) t h e sorting, weighing,measuring, storing, warehousingor otherwise handling of anygoods ;(iv) radio communication betweenthe specified ports and

between ships and such ports ;(v) transport services and otherfacilities for port users and foremployees of the Authority ;* See sections 2 and I I of the Maritime Zones Law.

x/so.SRI LANKA PORTS AUTHORITY [Cap. 232(vi) the handling of petroleum,petroleum products andlubricating oil to and fromvessels and between all depotsand bunkers ;(vii) the supply of electricity andtelephone services to vessels ;(viii) the disposal of garbage fromships ; and(ix) tally and protective services ;to construct, manufacture,purchase, operate, maintain andrepair anything required for thepurposes of the business of theAuthority ;to co-ordinate and execute anyGovernment project relating to theestablishment of a free trade zone inany specified port and to enter intoany agreement with port users forthe utilization of such facilities ;to control the entry of vehicles,persons, goods and animals withinthe limits of any specified port andto regulate their movements withinsuch limits ;to engage in such other activities,and do such other things as appearto the Authority to be beneficial,necessary or convenient for it tocarry on, for or in connexion withthe exercise, performance anddischarge of its powers, functionsand duties under this Act ; andto do all other things which, in theopinion of the Authority, arenecessary for carrying on itsbusiness. .(2) The provisions of subsection (1) shallnot be construed as authorising thedisregard by the Ports Authority of any lawfor the time being in force.Powers of the 8. (1) The Minister may give the PortsMinister inrelation to the Authority general or special -directions inPorts writing as to the performance of its dutiesAuthority. and the exercise of its powers under this Acton matters which appear to him to affect thenational interest and the Authority shallgive effect to such directions.

(2) The Minister may, from time totime, direct the Ports Authority to furnishto him, in such form as he may require,returns, accounts and other informationwith respect to its property and business,and the Authority shall carry out every suchdirection.(3) The Minister may, from time totime, order all or any of the activities of thePorts Authority to be investigated andreported upon by such person or persons ashe may specify, and upon such order beingmade, the Authority shall afford all suchfacilities and furnish all such information, asmay be necessary to carry out the order.9. The Chairman, for and on behalf of Accountingthe Ports Authority, shall be the Accounting Officer.Officer and shall be responsible for theadministration of the affairs of theAuthority.10. (1) The Ports Authoritv may Delegation ofdelegate- rn writing to the Chairman any of ~h~~~~~ andits powers, duties or functions under this delegation ofAct or any other written law. powers byChairman toemployees.(2) The Chairman may, with the writtenapproval of the Ports Authority delegate inwriting to any employee of the PortsAuthority any of his powers, duties orfunctions.11. All members, officers and servants Members,of the Ports Authority shall be deemed to be Officers and servants of thepublic servants within the meaning and for ports- the purposes of the Penal Code. Authority to bepublic servantsfor the purposeof the PenalCode.

12. The Ports Authority shall be deemed portsto be a scheduled institution within the ,“,“,~~~~e~ bemeaning of the Bribery Act and the institutionprovisions of that Act shall be construed within theaccordingly. meaning of theBribery Act.

x/s1.Cap. 2321 SRI LANKA PORTS AUTHORITYPART IISTAFF OF THE PORTS AUTHORITY15. (1) Every public officer of the TemporaryColombo Port Commission who does not ~$~ly~~~~sbelong to a combined service of the Autl,otity ofGovernment and who was in service on the O~&XS of theGeneralManager.13. (1) The Ports Authority may, with day immediately preceding the appointed ~($‘~i~~flthe approval in writing of the Minister, date, shall be offered temPOrarY who do notappoint a competent and experienced employment with the Ports Authority for a belong to a

person as General Manager. period not exceeding two years. combinedservice.(2) The General Manager shall, subject (2) Where a public officer referred to into the general direction of the Ports subsection (1) accepts temporaryAuthority on matters of policy and special employment with the Ports Authority-directionsof the Chairman, be charged withthe direction of the business of the Ports (a) .if, on the day immediately precedingAuthority, the organization and theexercise, performance and discharge of itspowers, duties and functions and theadministrative control of the employees ofthat Authority.the appointed date, his substantivepost in the Colombo PortCommission was a post declared tobe pensionable under the Minuteson Pensions-FinanceManager.(3) The General Manager, may, with theapproval in writing of the Ports Authority,delegate in writing to any other employee ofthe Authority such of his powers, duties orfunctions as he may from time to timeconsider necessary, and any employee towhom such powers, duties or functions areso delegated shall exercise them subject tothe general or special directions of theGeneral Manager.(4) The General Manager may not beremoved from office without the priorapproval of the Minister.(5) If the General Manager istemporarily absent from Sri Lanka or istemporarily incapacitated by illness or forother reasons is temporarily unable toperform his duties, another person may beappointed by the Ports Authority, with theapproval in writing of the Minister, to act inthe place of the General Manager until he isable to resume duties.14. (1) The Ports Authority mayappoint a qualified, competent andexperienced person as Finance Manager.(2) No decision of a financial nature, inrespect of amounts not less than one millionrupees, shall be taken by the PortsAuthority, unless the Finance Managersubmits a financial analysis indicating allthe financial implications Bf expenditure.(i) he shall be deemed, for thepurpose of those Minutes, tocontinue to hold such a postso long as he is in thetemporary employment of theAuthority and shall be eligible

for the grant of a pension orgratuity as though his servicein the temporary employmentof the Authority were serviceunder the Government ;(ii) in respect of him, the PortsAuthority shall pay out of itsfunds to the Deputy Secretaryto the Treasury to be creditedto the Consolidated Fund forevery complete month ofservice during which he is inthe temporary employment ofthe Authority such sum notexceeding twenty-five percenrum, as may be determinedby the Minister in charge ofthe subject of Finance, of thesalary payable to him in thesubstantive post that he heldin the Colombo PortCommission on the dayimmediately preceding theappointed date ; and(iii) he shall, for the purpose of thepreceding sub-paragraphs (i)and (ii) be deemed, duringsuch period of temporaryx/52.SRI LANKA PORTS AUTHORITY [Cap. 232employment with the PortsAuthority, to have earned hisincrements, if any, in thesubstantive post that he heldin the Colombo PortCommission on the dayimmediately preceding theappointed date, provided thatthe Authority certifies that hiswork and conduct weresatisfactory and that he hasearned his increments.(b) if, on the day immediately precedingthe appointed date, he was acontributor to the Public ServiceProvident Fund established underthe Public Service Provident FundOrdinance-(i)(ii)(iii)he shall be deemed, for thepurpose of that Ordinance, tocontinue to be such acontributor so long as he is in

the temporary employment ofthe Ports Authority and shallbe eligible for the grant of anyaward under that Ordinanceas though his temporaryemployment under theAuthority were service underthe Government ;he shall, while in thetemporary employment of thePorts Authority, pay to thePublic Service ProvidentFund such contributions as hewas liable under thatOrdinance to pay ;in respect of him, the PortsAuthority shall pay at theclose of each financial year,out of its funds, to the DeputySecretary to the Treasury tobe credited to the officer’saccount in the Public ServiceProvident Fund a sumequivalent to suchcontribution as theGovernment is liable to pay tosuch Fund in respect of him ;and(iv) he shall, for the purpose of thepreceding sub-paragraphs (i)and (ii) be deemed, duringsuch period of temporaryemployment with the PortsAuthority, to have earned hisincrements, if any, in thesubstantive post that he heldin t h e C o l o m b o P o r tCommission on the dayimmediately preceding theappointed date, provided thatthe Authority certifies that hiswork and conduct weresatisfactory and that he hasearned his increments.(3) Every public officer referred to insubsection (1) who does not accepttemporary employment with the PortsAuthority shall be deemed to have left thepublic service on the appointed date.(4) Every public officer referred to insubsection (2) whose temporaryemployment with the Ports Authority isterminated either at his option or at theinstance of the Authority, shall be deemedto have left the public service on the date of

termination of such employment.16. Every public officer referred to Permanentin section 15 (2) shall, during the period of erfploymenthis temporary employment with the Ports ~$,~~t,‘~~Authority be offered permanent officers of theemployment with the Authority. Colombo PortCommissionwho do not(2) Every public officer referred to in belong to asection 15 (2) who is permanently appointed com.binedto the staff of the Ports Authority shall be se*lce*deemed to have left the public service on thedate of his permanent appointment to thestaff of the Authority.(3) The provisions of section 26 (4) and(5) of the State Industrial Corporations Actshall apply, mutatis mutandis, to and inrelation to public officers referred to insubsection (2).(4) Where any public officer referred toin subsection (1) does not, on or before thedate on which his temporary employmentwith the Ports Authority under section15 (1) terminates, accept permanentemployment with the Ports Authority whenx/53.Cap. 2321 SRI LANKA PORTS AUTHORITYRetirementawards toofficers of theColombo PortCommission.Officers andservants of thePort (Cargo)Corporationand Port Tallyand ProtectiveServicesCorporation.such employment is offered to him, histemporary employment with the Authorityshall be terminated and he shall be deemedto have left the public service on the date oftermination of such temporary employment.17. Every public officer referred to insections 15 (3), 15 (4), 16 (2) and 16 (4) whoretires or is deemed to have left the publicservice under the provisions of thosesections shall-(u) if, on the day immediately precedingthe appointed date, his substantivepost in the Colombo PortCommission was a post declared tobe pensionable under the Minuteson Pensions, be granted such anaward under those Minutes asmight have been granted to him ifhe had been retired from the publicservice on the ground of abolition

of office ; or(6) if, on the day immediately precedingthe appointed date, he was acontributor to the Public ServiceProvident Fund established underthe Public Service Provident FundOrdinance he shall, for the purposesof that Ordinance, be deemed tohave left the service of theGovernment upon thedetermination of the contract withthe consent of the Government,otherwise than by dismissal andmay be granted an award underthat Ordinance on that ground.18. (1) On the appointed date allofficers and servants of the Port (Cargo)Corporation and the Port Tally andProtective Services Corporation who werein the service of those Corporations on theday immediately preceding the appointeddate shall be deemed to be transferred to theservice of the Ports Authority and to beofficers and servants of that Authority onthe same terms and conditions as wereapplicable to them immediately precedingthe appointed date.(2) Every officer or servant who isdeemed to be an officer or servant of thePorts Authority shall be deemed to have leftthe services of the Port (Cargo) Corporationor the Port Tally and Protective ServicesCorporation, as the case may be, and thePorts Authority shall take over the liabilityas regards employer’s contribution to theEmployees’ Provident Fund under theEmployees’ Provident Fund Act, in respectof each such officer or servant, from theappointed date.19. (1) At the request of the Ports AppointmentAuthority, any officer in the public service $~~~~~~therother than an officer referred to in section than those15 may, with the consent of that officer, the referred to inSecretary to the Ministry by or under which section Is.that officer is employed, and the Secretaryto the Ministry charged with the subject ofPublic Administration, be temporarilyappointed to the staff of the Authority forsuch period as may be determined by theAuthority with like consent or with likeconsent be permanently appointed to suchstaff.(2) Where a public officer referred to insubsection (1) is temporarily appointed tothe staff of the Ports Authority under that

subsection, the provisions of section 13 (2)of the Transport Board Law shall, mutatismutandis, apply to and in relation to him.(3) Where a public officer referred to insubsection (1) is permanently appointed tothe staff of the Ports Authority under thatsubsection, the provisions of section 13 (3)of the Transport Board Law shall, mutatismutandis, apply to and in relation to him.20. (1) At the request of the Ports AppointmentAuthority, any officer or servant of the ~~~~~~~fa;nh~Local Government Service or of any local Localauthority (whether he be a member of the GovernmentLocal Government Service or not) may, ~$‘~~~~r Ofwith the consent of that officer or servantauthority

toand the Local Government Service Advisory the staff of theBoard or the local authority, as the case portsmay be, be temporarily appointed to theAuthority.staff of the Authority for such period asmay be determined by the Authority withlike consent or with like consent bepermanently appointed to that staff, on suchterms and conditions, including thoserelating to pension or provident fund rights,as may be agreed upon by the PortsAuthority and the Local GovernmentService Advisory Board or local authority.x/54.SRI LANKA PORTS AUTHORITY [Cap. 232PortsAuthorityentitled to alterconditions ofservice ofcertainemployees.Service to thePortsAuthority to beregarded asservice to theGovernmentfor the purposeof contracts toserve theGovernment.Transfer ofproperty heldby theColombo PortCommissionand of the Port(Cargo)Corporationand the PortTally andProtectiveServicesCorporation tothe PortsAuthority.(2) Where an officer or servant of theLocal Government Service or of any local

authority (whether he be a member of theLocal Government Service or not) istemporarily appointed to the staff of thePorts Authority under subsection (I), heshall be subject to the same disciplinarycontrol as any other member of such staff.21. (1) The Ports Authority may, whenoffering persons temporary or permanentemployment under the provisions of sectionI5 (1) or 16 (I), make adjustments in salaryand allowances provided that the terms andconditions shall, on the whole, be not lessfavourable than those enjoyed by him in theservice of the Colombo Port Commissionon the day immediately preceding theappointed date.(2) Any person aggrieved by the termsand conditions offered under subsection (1)may appeal to the Secretary to the Ministrywithin a period of thirty days reckoned fromthe date on which such terms and conditionsare communicated to him by the PortsAuthority, and the decision of the Secretaryon such appeal shall be final.22. Where any person has entered into acontract with the Government by which hehas agreed to serve the Government for aspecified period, any period of service to thePorts Authority by that person shall beregarded as service to the Government forthe purpose of discharging the obligationsof such contract.PART IIIP R O P E R T Y O F T H E PO R T S AU T H O R I T Y

23. (I) With effect from the appointeddate, all property movable and immovable(including money) held by the ColomboPort Commission and all property, movableand immovable .(including money in thefunds) of the Port (Cargo) Corporation andthe Port Tally and Protective ServicesCorporation, including all assets, powers,rights, interests and privileges of theColombo Port Commission, the Port(Cargo) Corporation, and the Port Tallyand Protective Services Corporation,subsisting on the day immediately precedingthe appointed date, shall be transferred toand shall vest in the Ports Authority.(2) Upon such transfer, all debts,liabilities and obligations in connexion withor appertaining to the property referred toin subsection (I) of the Colombo PortCommission, the Port (Cargo) Corporationand the Port Tally and Protective ServicesCorporation shall also be transferred to,and deemed to have been incurred by, thePorts Authority.24. (I) Notwithstanding anything inthe State Lands Ordinance or any otherwritten law, where the Minister considersthat any land of the Republic is required bythe Ports Authority for the purposes of itsfunctions, the Minister may, with the

concurrence of the Minister in charge of thesubject of Lands, by Order (hereafter in thisAct referred to as a “ Vesting Order “)published in the Gazette, vest such land inthe Authority with effect from such date asshall be specified in the Order, subject tosuch restrictions or conditions, if any, asmay be so specified.(2) A Vesting Order shall, subject tosuch restrictions and conditions as may bespecified in the Vesting Order, have theeffect of giving the Ports Authority absolutetitle to any land specified therein free fromall encumberances.25. (1) Where any immovableproperty, other than the property of theRepublic, is required for the purposes of thebusiness of the Ports Authority and theAuthority is unable, by agreement topurchase such property, that property may,if the Minister by Order published in theGazette approves its acquisition, be deemedto be needed for a public purpose and beacquired under the Land Acquisition Actand be transferred to the Ports Authorityunder that Act.(2) Any sum payable for the acquisitionof any immovable property under the LandAcquisition Act by the Ports Authority shallbe payable by the Authority.26. (1) Where any land is vested in ortransferred to the Ports Authority undersections 24 and 25, the Authority may, inwriting, order any person who is inunauthorised possession or occupation ofsuch land to vacate the land within the timespecified in that order.Power of theMinister tovest land of theRepublic in thePortsAuthority.Acquisition ofprivate landsunder the LandAcquisitionAct for thePortsAuthority.Procedure inejectment ofoccupant, &kc.of land held bythe Ports

Authority..Cap. 2321 SRI LANKA PORTS AUTHORITYExemptionfrom taxes.Approval oflocal authoritynot necessaryfor certainbuildings.(2) Where any person to whom an orderunder subsection (1) is served fails to vacatethe land to which the order relates within

the time specified in that order any officerof the Ports Authority authorized in thatbehalf by the Authority may, for and onbehalf of the Authority take possession ofsuch land.(3) Where an officer authorized undersubsection (2) to take possession of any landfor and on behalf of the Ports Authority isunable, or apprehends that he will beunable, to take possession of such landbecause of any obstruction or resistance thathas been or is likely to be offered, he shall,on his making an application in that behalfto the Magistrate’s Court having jurisdictionover the place where such land is situated,be entitled to an order of the Courtdirecting the Fiscal to deliver possession ofsuch land to such officer for and on behalfof the Ports Authority.(4) Where an order under subsection (3)is issued to the Fiscal by a Magistrate’sCourt, he shall forthwith execute that orderand shall, in writing, report to the Court themanner in which that order was executed.(5) For the purpose of executing anorder issued by a Magistrate’s Court undersubsection (3), the Fiscal or any personacting under his direction may use suchforce as may be necessary to enter suchland, building or other structure to whichthat order relates and to eject any person inoccupation thereof, and to deliverpossession of such land, building or otherstructure to the person who is authorized totake possession thereof, for and on behalf ofthe Ports Authority.27. The Minister, with the concurrenceof the Minister in charge of the subject ofFinance, may provide for the exemptionfrom any licence fees or taxes, of anyequipment belonging to the Authority, thatis used exclusively within the limits of anyspecified port.28. Notwithstanding the provisions ofany other written law, it shall not benecessary for the Ports Authority to securethe approval of any local authority for theconstruction of any works or buildings,other than residential buildings, within thelimits of any specified port.PART IVFINANCE29. (1) The Ports Authorityits own Fund. All receipts ofAuthority shall be paid into that

all payments made by the Portsshall be paid out of the Fund.shall have The Fund ofthe Ports the ports Fund and Authority.Authority(2) Subsection (1) shall not restrict inany way the Ports Authority frommaintaining separate accounts for itsdifferent activities and enterprises.30. (1) Notwithstanding anything to Transfer ofthe contrary in any other written law- certain moneysand otherassets to the(a) the balance lying to the credit of the PortsColombo Port Commission on the Authority andday preceding the appointed date ~~~~~nb~~~~toout of the sums voted by the PortsParliament for the expenditure of Authority.that Commission under theAppropriation Act, No. 18 of 1978 ;(b) the value of all warehouses, transitsheds, oil installations, portrailways, residential buildings,equipment and movable property,held by the Colombo PortCommission on the dayimmediately preceding theappointed date, as agreed betweenthe Ports Authority and the DeputySecretary to the Treasury ; and(c) the balance outstanding out of allloans granted by the Government tothe Port (Cargo) Corporation andthe Port Tally and ProtectiveServices Corporation out of votedexpenditure together with theamount of interest due on the dayimmediately preceding theappointed date,shall with effect from the appointed date, bedeemed to be an investment of equitycapital in the Ports Authority by theGovernment, and the Authority shall pay tothe Consolidated Fund on such equitycapital a dividend not exceeding eight percentum per annum as the Minister in chargeof the subject of Finance may, inconsultation with the Minister, determine.X/56.SRI LANKA PORTS AUTHORITY [Op. 232(2) There may be granted from time totime to the Ports Authority, by resolution ofParliament from the Consolidated Fund,such sums of money and on such terms asmay be determined by the Minister incharge of the subject of Finance in

consultation with the Minister.PortsAuthorityStock.31. (I) The Ports Authority may createand issue any stock required for the purposeof exercising the borrowing powers of theAuthority and the stock so created andissued shall be referred to as “ PortsAuthority Stock “.(2) Ports Authority Stock shall beissued, transferred, dealt with, redeemedand cancelled in accordance with such termsas may be determined by the PortsAuthority with the approval of the Minister,given with the concurrence of the Ministerin charge of the subject of Finance.Governmentguarantee.32. (1) The Minister in charge of thesubject of Finance may, with theconcurrence of the Minister, guarantee therepayment of the principal of, and thepayment of the interest on, any PortsAuthority Stock created and issued undersection 31 (1) or any other loan from anyperson, organization or institution in oroutside Sri Lanka.(2) Any sum required for the fulfilmentof a guarantee provided under subsection(1) may, with the prior approval ofParliament, be paid out of the ConsolidatedFund.(3) Any sum paid &t of theConsolidated Fund in fulfilment of aguarantee provided under subsection (1)shall be repaid, together with interestthereon, at such rate as the Minister incharge of the subject of Finance maydetermine with the concurrence of theMinister, by the Ports Authority in suchmanner and over such period as theMinister in charge of the subject of Financemay with such concurrence determine.(4) Immediately after any guarantee isgiven under subsection (1) the Minister incharge of the subject of Finance shall lay orcause to be laid, a statement of theguarantee before Parliament.(5) Where any sum is paid out of theConsolidated Fund in fulfilment of aguarantee provided under subsection (2), theMinister in charge of the subject of Financeshall forthwith lay or cause to be laid astatement of the guarantee beforeParliament.

33. Unless otherwise specially provided Application offor by this Act, the provisions of the Public ~t~~~~~~~Corporations (Financial Control) Act shall, Corporationsmufafis mutandis, apply to and in relation (Financialto the financial control of the Ports Contro*) Act-Authority.34. The financial year of the Ports Financial year.Authority shall be the calendar year.35. Notwithstanding anything to the Exemptioncontrary in any other written law, the from CustomsPrincipal Collector of Customs, if he is duty.satisfied that it should be in the interests ofthe national economy, may, with thesanction of the Minister in charge of thesubject of Finance, waive the Customs dutyon any plant, machinery and otherequipment imported by the Ports Authorityfor any of its purposes.PART VC H A R G E S A ND TH E RECOVERY OFCHARGES

36. With effect from the appointed date Port services inall port services in any specified port shall specified Ports.be provided exclusively by the PortsAuthority or, in exceptional circumstances,on a direction by the Minister, by anyperson authorized by the Ports Authority.37. (I) The charges that may be levied Charges forby the Ports Authority for the services services-providedby the Authority shall be fixed,and may be revised from time to time, bythe Authority with the approval of theMinister who shall, before giving hisapproval, consult the Minister in charge ofthe subject of Finance.(2) Until the charges are fixed undersubsection (1) the charges leviable forservices by the Principal Collector ofCustoms, the Port Commissioner, theMaster Attendant of any specified port, thePort (Cargo) Corporation and the PortTally and Protective Services Corporationx/57.cap. 2321 SRI LANKA PORTS AUTHORITYon the day immediately preceding theappointed date shall be the charges for therespective services rendered by the PortsAuthority.(4) Charges in respect of goods to beshipped shall be payable before such goodsare shipped.(3) The Ports Authority may, in theinterests of the national economy, byresolution, and with the approval of theMinister, remit the whole or any portion ofthe charges leviable under this section.(5) Charges in respect of goods to be

removed from the premises of the PortsAuthority shall be payable on demand.39. (1) Without prejudice to the Power to sellRecovery ofcharges inarrears.38. (1) (a) The Ports Authority shall,in respect of charges which have not beenpaid on any goods, have a lien on suchgoods and shall be entitled to seize anddetain such goods until the charges are fullypaid, provided that the Principal Collectorof Customs has no claim on such goods asgoods seized or forfeited or goods liable tosuch seizure or forfeiture under the CustomsOrdinance.provisions of section 40, the Ports Authoritymay, where any goods which have beenplaced in any transit sheds of the Authorityare not removed from such transit shedswithin a period of twenty-one days from thetime when such goods were placed in suchtransit sheds, at the expiration of suchperiod, sell by public auction any or all ofsuch goods as are still in the said transitsheds :Provided that-(6) Where the Principal Collector ofCustoms has a claim on goods seized anddetained by the Ports Authority for non-paymentof Ports Authority charges, thePrincipal Collector of Customs shall takecharge and dispose of such goods or transfersuch goods to a Customs warehouse withinthirty days of such goods being landed inthe transit warehouse :(u) in the case of goods for which athrough bill of lading has beenissued there shall be substituted aperiod determined by the PortsAuthority which shall not be lessthan forty-two days for the periodof twenty-one days referred to inthis subsection ;(b)Provided that where goods seized orforfeited are disposed of by the PrincipalCollector of Customs under the precedingprovisions of this paragraph, he shall pay tothe Ports Authority all charges due to thePorts Authority ;Provided, further, that where such goodsare released to the consignee after dueinquiry as being goods that are not liable toseizure or forfeiture, such goods shall bereleased to the consignee after the Principal

Collector of Customs has satisfied himselfthat all charges due to the Ports Authorityhave been paid by the consignee.a sale or disposal of any goods shallnot be held under the provisions ofthis section until the PrincipalCollector of Customs has beennotified in writing of the date of thesale or disposal and his concurrencehas been obtained for such sale ordisposal and for the valuation ofsuch goods for such sale ordisposal ;(2) The lien referred to in subsection (I)shall have priority over all other claims andlien except claims for money payable to theGovernment.(c) notwithstanding anything inparagraph (6) if the goods are of aperishable, hazardous or offensivenature the Authority may directtheir removal within such shorterperiod (not being less than twenty-fourhours after the landing) as theAuthority may think fit, and thesaid power of sale may be exercisedat the expiration of such period ;(3) Charges in respect of goods to be (d) if no bid is made at such sale, thelanded shall become payable immediately Authority may, with theon the landing of such gbods. concurrence or agreement of thegoodsremaining intransit sheds.

X/58.SRI LANKA PORTS AUTHORITY [Cap. 232Principal Collector of Customsdispose of such goods in anymanner whatsoever.(2) For the purpose of subsection (1) asale shall not be rendered invalid by reasononly that it takes place on premises or in anarea to which the public is not admittedexcept on presentation of a pass.(3) Before making such sale the PortsAuthority shall give not less than three days’notice thereof by advertisement in aSinhala, Tamil and an English newspapercirculating in Sri Lanka unless the goods areof so perishable, hazardous or offensive anature as in the opinion of the Authority torender their immediate sale necessary oradvisable, in which event such notice shallbe given as the urgency of the case requires.(4) Notice shall also be given to theowners of the goods and to the agent of thedischarging vessel by letter delivered at or

sent by registered post to their addresses ifsuch addresses are ascertainable from themanifest of the cargo or from any of thedocuments which have come into the handsof the Ports Authority or are otherwiseknown. Such notice shall specify thedescription and the location of the goodsthat are to be sold.(5) Notwithstanding the provisions ofsubsection (4), the title of a bona fidepurchaser shall not be invalidated by reasonof the omission to send the said notice, andsuch purchaser shall not be required toinquire whether such notice has been sent.(6) The proceeds of the sale of anygoods referred to in subsection (1) shall beapplied by the Ports Authority for thefollowing payments and in accordance withthe following order :-(a) the customs duty payable to theGovernment in respect of suchgoods ;(b) the expenses of the sale ;(c) the payment of the rates, charges anda expenses due to the Authority inrespect-of the goods ; and(d) freight and other claims or lien ofwhich notice under the law relatingto merchant shipping has beengiven.(7) The balance (if any), of the proceedsof the sale after making the payments undersubsection (6), shall, if the goods are notperishable, hazardous or offensive goods, bepaid to the person entitled thereto ondemand or, where no such demand is madewithin one year from the sale of the goodsor if the goods are perishable, hazardous oroffensive goods, to the general revenue andthereupon all rights to the same by suchperson shall be extinguished.40. (1) Where the master, owner or Power toagent of a vessel fails to pay to the Ports distrain forAuthority on demand any charges or part ~~~~~~~“~,.thereof payable under this Act theAuthority may distrain or arrest the vesseland the tackle, apparel or furniture or otherarticle belonging to the vessel, and detainthe same until the charges are paid:Provided, however, that it shall be lawfulfor any party aggrieved by any distrain orarrest of such vessel to apply to any court ofcompetent jurisdiction for such relief as hemay, in law, be entitled to.(2) Where any part of the charges,

arrears, rents, dues, penalties or the costs ofthe distress, arrest or detention of the vessel,tackle, apparel or furniture or other articleremains unpaid for the period of fourteendays next after any such distress, arrest ordetention, the Ports- Authority may causethe vessel or the other articles so distrained,arrested or detained, to be sold, and mayapply the proceeds thereof to satisfy thecharges and costs (including the costs of thesale) and the Authority shall pay thebalance thereof (if any) to the master, owneror agent of the vessel on demand.(3) Where the Ports Authority issues anotice to the Principal Collector of Customsstating that an amount specified therein isdue in respect of charges against any vessel,the Principal Collector of Customs mayrefuse to grant any port clearance to suchvessel until the amount so leviable has beenpaid.x/59.Cap. 2321 SRI LANKA PORTS AUTHORITYDeposit ofsecurity forcharges.Falseinformationand evasion ofcharges.Arrangementsbetween thePortsAuthority andthe PrincipalCollector ofCustoms.(4) The provisions of this section shallbe in addition to, and not in derogation of,the rights of the Ports Authority under anyother written law.41. The Ports Authority may require aperson who incurs or intends to incur anycharges, to deposit with the Authority or toguarantee such sum of money in suchmanner as may be determined by theAuthority as is, in the opinion of theAuthority, reasonable having regard to theamount of the charge. Where such personfails to deposit or to guarantee the sum ofmoney required, the Authority may detain avessel in the harbour or goods on the portpremises in respect of which the charge hasbeen, or will be, incurred until therequirement has been complied with or thecharge paid.42. (1) Where there is any false orincorrect information in any documentfurnished to the Ports Authority in regard

to any port services by or on behalf of anyport user and the Authority incurs anyexpenditure in respect of those services, itmay, after due inquiry and notwithstandinganything to the contrary in any otherprovision of this Act, order the consigner orconsignee as the case may be, to pay for thatservice an amount not exceeding twice thenormal charge made for that service andreport to the relevant authorities. Suchamount may be recovered under subsection(2) as a charge due to the Ports Authority.(2) Where the owner of any goods or theowner or master of any vessel fails to payany charges due to the Ports Authority, theAuthority may institute legal proceedingsfor the recovery of such charges from suchowner or master.(3) Notwithstanding anything in anyother written law, the legal proceedingsreferred to in subsection (2) may beinstituted by the Ports Authority any timewithin a period of three years from the dateon which such charges became due.43. (1) The Ports Authority shall notdeliver any cargo to the consignee or hisagent or ship any cargo until Customsclearance documents in respect of suchcargo are produced. -(2) The Ports Authority and thePrincipal Collector of Customs may enterinto any such agreement or arrangement asthey think fit to provide for, or to facilitate,the assessment, collection and recovery ofcharges and for the speedy loading andunloading of vessels in the specified ports.44. An officer of the Ports Authorityauthorized by the Authority may, onproducing, if so required, his authority,enter and inspect a vessel within the limitsof any specified port or the approachesthereto to ascertain the charges payable onor in respect of the vessel or in respect of thegoods carried therein, to obtain any otherinformation required for, or in connexionwith, the assessment and collection ofcharges and the loading and unloading ofcargo from such vessel or to prevent orextinguish a fire.Entry onvessels.PART VILIABILITY OF THE PORTS AUTHORITY

45. The Ports Authority shall not be Limitation ofliable for any loss, damage or injury caused the ports Authority’s to any property or person within the limits liability for

of any specified port unless such loss, loss, damage ordamage or injury is caused by the negligence injury-orwrongful or unlawful act of thatAuthority or any of its employees or agentsacting within the scope of his employment.46. All goods which are lodged or Goods lodgeddeposited in any place of deposit provided ~cd~~~a~~by the Ports Authority or carried in a vessel owier9s risk.or vehicle belonging to the Authority or itsagents shall be at the risk of the owner,importer, exporter, shipper or consignee ofsuch goods and the Ports Authority shallnot be liable for any loss or damage to anysuch goods unless caused by the negligenceor wrongful or unlawful act of the PortsAuthority or any of its employees or agentsacting within the scope of his employment.47. Notwithstanding anything in this MaximumAct or in any other written law, the Ports liability-Authorityshall not be liable to pay inrespect of any loss or damage referred to insection 46, an amount in excess of fivehundred rupees per package or unit unlessthe nature and value of the goods contained .therein have, prior to the delivery to the.SRI LANKA PORTS AUTHORITY [Cap. 232Limitation ofliability inrespect of oneoccasion.Power ofcourts toconsolidateclaims.PortsAuthority notliable for lossor damage fordredgingwithinprescribedl i m i t s .Authority been declared in writing by theperson delivering or causing the same to bedelivered :Provided, however, that the Authorityshall not be liable therefor where the valueof any such goods has been mis-stated.48. The limitation of liability under thisPart shall relate to the whole of any lossesand damages which may arise upon any onedistinct occasion, although such losses ordamages may be sustained by more thanone person, and shall apply whether theliability arises at common law or underwritten law and notwithstanding anythingcontained in such written law.49. Where any liability is alleged to havebeen incurred by the Ports Authority in

respect of loss of life, personal injury, orloss of, or damage to vessels, trains, vehiclesor other goods whatsoever and severalclaims are made or apprehended in respectof that liability, the Authority may apply tothe District Court of Colombo which,notwithstanding anything to the contrary inany other law, is hereby vested withjurisdiction to hear and determine thatapplication and that Court may determinethe amount of the liability of the Authorityand may distribute that amount rateablyamong the several claimants and may stayany proceedings pending in any other courtrelating to the same matter and mayproceed in such manner and subject to suchdirections, as to making persons interestedparties to the proceedings, and as to theexclusion of any claimants who had notcome in within a prescribed time, and as torequiring security from the Authority and asto payment of any costs, as such Courtthinks fit.50. ‘(1) The Ports Authority may, withthe approval of the Minister, by notificationpublished in the Gazette, prescribe the limitswithin which, and the levels to which,dredging may be carried . out by theAuthority within any specified port and theapproaches thereto.(2) The Ports Authority shall not beliable for any loss or damage whatsoever toany sea or riverrwall, wharf, dock or other51. This Part shall not preclude the PortsPorts Authority from accepting goods for Authority may accept goods asS t o r a g e aS Well aS liability for any lOSS, well as liability- destruction or damage to, goods so accepted for loss,for storage. destruction ordamage incertaincircumstances.52. This Part shall not affect any Liability to payliability that may be imposed on the Ports fbO~~~~~‘nAuthority by any written law relating tocompensation to workmen.53. This Part shall not preclude the Ex-gratiaPorts Authority from making, by payments.resolution, any ex-gratia payment to anyperson in respect of any loss, injury ordamage referred to in this Part.54. No action shall be instituted against Notice ofthe Ports Authority for anything done or ~[~~o~~ainstpurported to have been done in pursuance Authority.of this Act-(a) without giving the Authority at leastone month’s previous notice in

writing of such intended action ; or(6) after twelve months have elapsedfrom the date of accrual of thecause of action.PART VIIOFFENCES, PENALTIES AND PROCEDURES

55. Any person who, within the limits of Penalty forany specified port or the approaches ~~~sucting thethereto- Authority int h e(a) removes any marks set up for the g$$Ey Of’ purpose of indicating any levels ordirection necessary to the executionof any work authorized by this Act ;(b) wilfully and without lawful causelifts, injures, makes a vessel fast to,loosens or sets adrift, any moorings,buoys, beacons or sea or landmarks ;X/61.Cap. 2321 SRI LANKA PORTS AUTHORITYPenalty forextinguishing alamp.Evasion ofdues, rates andcharges.(c) assaults, resists, obstructs or impedesthe Ports Authority or any of itsemployees or its agents orcontractors while in the dischargeof his duties or incites any otherperson so to assault, resist, obstructor impede ;(d) without lawful cause discharges anygun except for the purpose ofmaking a signal of distress or forsuch other purpose as is allowedunder any written law ;(e) smokes any vessel or boils or heatsany pitch, tar, resin, dammar,turpentine oil or other suchcombustible matter on board anyvessel, or carries out any under-wateroperations, or performs suchacts, at any time or within anylimits at or within which such act isprohibited by any order of thePorts Authority, or contrary to theorders or directions of suchAuthority ;(f) uses a naked light when drawing offspirits, turpentine oil, or otherinflammable oils or liquids of anykind on board any vessel ;(g) pollutes the water of the harbour bythe overflow or discharge of oil orany other impurity ; or

(h) immobilises a vessel without theprior written permission of thePorts Authority,shall be guilty of an offence and shall beliable on conviction by a Magistrate to afine not exceeding two thousand fivehundred rupees or to imprisonment for aterm not exceeding one year or to both suchfine and imprisonment. .56. A person who unlawfullyextinguishes the light on a lamp belongingto the Ports Authority shall be guilty of anoffence and shall be liable on conviction bya Magistrate to a fine not exceeding fivehundred rupees.57. (1) Any master, owner or agent ofany vessel or any owner of any goods who,by any means whatioever, evades orattempts to evade any dues, rates or chargesleviable under this Act, shall be guilty of anoffence and shall be liable on conviction bya Magistrate to a fine not exceeding twothousand rupees, or to imprisonment for aterm not exceeding six months or to bothsuch fine and imprisonment, and shall inaddition be liable to pay to the PortsAuthority as penalty an amount which isdouble the amount of the dues, rates orcharges he evaded or attempted to evade.(2) The tender to, or the acceptance by,the Ports Authority or any of its officers ofany dues, rates or charges which have beenpreviously evaded or left unpaid, shall notrelease or discharge any person from anyliability for any damages or penaltyconsequent upon such evasion ornon-payment.58. Any person who knowingly usesforged documents or makes any statementwhich is false in any material particulars inany return, claim or other document whichis required or authorized to be made by orunder the provisions of this Act, shall beguilty of an offence, and shall be liable onconviction by a Magistrate to a fine notexceeding one thousand rupees or toimprisonment of a term not exceeding sixmonths or to both such fine andimprisonment.59. Any master of a vessel entering orleaving or intending to enter or leave, anydock, berth, or to come alongside, or departfrom, any wharf, who gives falseinformation of the draught, length or beamof such vessel or refuses to give such

information to any employee of the PortsAuthority whose duty it is to ascertain thesame, shall be guilty of an offence and shallbe liable on conviction by a Magistrate to afine not exceeding two thousand rupees.60. Any person who throws or emptiesinto the harbour or any specified port anyballast, rubbish, dust, ashes, stones or otherrefuse or things, or does any act to prejudiceany of the works of the Ports Authority,shall be guilty of an offence and shall beliable on conviction by a Magistrate to afine not exceeding two thousand rupees.False returns.Penalty forgiving falseinformation asto draught, &c.of vessel.Penalty forthrowingballast orrubbish intoharbour.

X/62.SRI LANKA PORTS AUTHORITY [Cap. 232Damage toPropeWContraventionof theprovisions ofthis Act anoffence.Liability of thedirectors andcertain officersof a body ofpersons foroffencescommitted bythat body.61. (I) Any person who wilfullyremoves, destroys or damages any propertybelonging to the Ports Authority or in itscustody or control or hinders or preventssuch property from being used or operatedin the manner in which it is intended to beused or operated, shall be guilty of anoffence and shall be liable on conviction bya Magistrate to a fine not exceeding onethousand rupees and on application by thePorts Authority, the Magistrate may orderthe offender to pay compensation to theAuthority for any damage done by him.(2) Any person who carelessly oraccidentally removes, destroys or damagesany property belonging to the PortsAuthority or hinders or prevents suchproperty from being used or operated in themanner in which it is intended to be used oroperated shall be guilty of an offence andshall be liable on conviction by a Magistrate

to a fine not exceeding five hundred rupees.(3) This section shall not prevent thePorts Authority from taking any legalproceedings open to it at law before anycourt having jurisdiction for the recovery ofthe full amount of the damage caused bysuch person.62. Any person who contravenes anyprovision of this Act or of any regulation orrule made under this Act for which apunishment is not expressly provided in thisAct or such regulation or rule, shall beguilty of an offence and shall be liable onconviction by a Magistrate to a fine notexceeding five hundred rupees and, in thecase of any continuing offence, to a fine notexceeding fifty rupees for every day or partof a day during which the offence iscontinued after the date of the conviction.63. Where an offence under this Act iscommitted by a body of persons then-(u) if that body of persons is a bodycorporate, every person who at thetime of the commission of theoffence was a director, generalmanager, secretary or other similarofficer of that body ; or(6) if that body is not a body corporate,every person at the time of thecommission of the offencemember of that body,was ashall be deemed to be guilty of that offence,unless he proves that the offence wascommitted without his consent orconnivance and that he exercised all suchdiligence to prevent the commission of that,offence as he ought to have exercised havingregard to the nature of his functions and inall the circumstances.64. All fines imposed for any offenceunder this Act or any regulation or rulemade thereunder shall when recovered,notwithstanding the provisions of anywritten law to the contrary, be paid into thefines fund of the Ports Authority.65. (1) A prosecution for any offenceunder this Act or any regulation or rulemade thereunder shall not be instituted inany court, except with the written sanctionof the Chairman of the Ports Authority orby an officer authorized by him in writing.(2) Any employee of the PortsAuthority authorized in that behalf by theAuthority may conduct such prosecution on

behalf of the Authority.66. Any person who commits an offenceunder this Act or against whom reasonablesuspicion exists that he is guilty of any suchoffence may be arrested without anywarrant in any place either upon land orwater by a police officer or within the areaof the Ports Authority by an employee ofthe Ports Authority duly authorized by theAuthority and every person so arrested shallforthwith-(a) be produced before a Magistrate tobe dealt with according to law, or(6) where it is impracticable so to do, behanded over to the officer in chargeof the nearest police station to bedealt with according to law.PART VIIIGENERAL

67. (1) The Minister may makeregulations in respect of matters required bythis Act to be prescribed or in respect ofFines whenrecovered to bepaid to thefines fund.Chairman tosanctionprosecutionand who mayconductprosecutions.Power ofarrest.Regulations.X/63.Cap. 2321 SRI LANKA PORTS AUTHORITYwhich regulations are authorized to be madeand in particular in respect of all or any ofthe following matters :-(u) the allocation of the berths andstations to be occupied by vessels,and the removal of vessels from anyberth, station or anchorage, and thetime within which such removalshall be effected ;(h) the information to be supplied bythe masters, owners or otherpersons in charge of vessels inrespect of the arrival and departureof vessels, and of goods loaded ordischarged at the wharfs andpremises of the Ports Authority,and the time and manner in whichsuch information shall be supplied ;(b) the manner in which, and theconditions subject to which, theloading and discharging of vesselsshall be carried out, and the

changing of the position of vesselsloading or discharging ;(z) the regulation of the use by vessels ofwhistles, sirens and other likeinstruments ;(c) the keeping of free passages of suchwidth as is deemed necessary withinthe limits of any specified port andalong or near, the wharfs, docks,moorings and other similar worksin or adjoining the same and themarking out of the places to be keptfree ;0) the prohibition of chipping, scaling,noisy work or underwater repairson vessels or the breaking up ofvessels except at such places and atsuch times and by such persons asmay be specified ;(d) the anchoring, fastening, mooring,unmooring and warping of allvessels, and the use of their motivepower, warps, moorings, buoys,chains and other equipment and thegranting of permission on suchconditions as the Ports Authoritymay deem fit, for the keeping orplacing of, private moorings orbuoys ;(k) the safe and convenient use of thewharfs, docks and premises vestedin the Ports Authority or under itscontrol, and of any ferry servicesmaintained or controlled by theAuthority ;(e) the regulation of traffic ashore,afloat and in the air, the preventionof obstruction and the keeping oforder on wharfs and in the harbourand the ensuring of the safety in theport premises of any cargothereon, port works andequipment ;(I) the arrangements and the conditionsrelating to the reception, storageand removal of goods within andfrom the premises of the PortsAuthority and the prescribing of theprocedure to be followed in respectof the taking charge of goods whichhave been damaged before landingor alleged to have been sodamaged ;v) the regulation of the use of fires andlight and illuminations and the

signals to be used or measures to betaken in case of fire ;(g) the enforcement and regulation ofthe use of navigation lights, signalsand signal lights by vessels, and thesteps to be taken for avoidingcollision by vessels navigating in thewaters of any specified port or theapproaches therkto ;(m) the loading, discharging and storageof dangerous goods within thelimits of any specified ports, theclassification of goods as dangerousgoods and the regulation ofnavigation and the place of berthingof vessels carrying dangerousgoods ;(n) the regulation of the mode ofstowing and keeping dangerousgoods on board vessels carryingdangerous goods within anyspecified port ;.SRI LANKA PORTS AUTHORITY [Cap. 232(0)CP)(q)(r)(4(004(9(w)(x)the prohibition or the restriction ofthe conveyance of any kind ofdangerous goods with any otherkind of goods or articles on vesselswithin any specified port ;the handling of petroleum,petroleum products and lubricatingoil to and from vessels and betweendepots and bunkers in or aroundany specified port ;the regulation and issue of licencesto organizations or individuals whoprovide engineering, surveying, shipchandling, ship repairing, clearing,forwarding and similar services inany specified port ;the establishment and administrationof a provident fund with theconcurrence of the Minister incharge of the subject of Labour, areward fund and a fines fund ;

the prevention of theft of, pilferageof or damage to, or the commissionof nuisance on, any propertyowned, used or being handled bythe Ports Authority ;the safety of employees of the PortsAuthority and of port users in anyspecified port ;the prevention of damage to orpollution of premises of the PortsAuthority and the pollution of thewater in the harbours of anyspecified port ;the establishment and operation ofports security service to protectcargo, equipment and property ofthe Ports Authority, to assist inmaintaining law and order withinthe premises of specified ports andto enforce the provisions of thisAct ;the loading, unloading andtranshipment of cargo, includingtallying ;the regulation of the entry of personsand vehicles and goods to and theregulation of their movement withinspecified ports.(2) Every regulation made by theMinister shall be published in the Gazetteand shall come into operation on the date ofsuch publication or on such later date asmay be specified in the regulation.(3) Every regulation made by theMinister shall, as soon as convenient afterits publication in the Gazette, be broughtbefore Parliament for approval.(4) Any regulation which is not soapproved, shall be deemed to be rescindedas from the date of disapproval but withoutprejudice to anything previously donethereunder.(5) The date on which any regulationshall be deemed to be rescinded shall bepublished in the Gazette.68. (1) The Ports Authority may makerules in respect of all or any matters forwhich rules are authorized or required bythis Act to be made.(2) A rule made by the Ports Authorityunder subsection (1) shall not have effectuntil it is approved by the Minister andnotification of such approval is published inthe Gazette.69. A suit or prosecution shall not lie-(

a) against the Ports Authority for anyact which in good faith is done orpurported to be done by theAuthority under this Act ; or(b) against any member, employee, oragent of the Authority for any actwhich in good faith is done orpurported to be done by him underthis Act or under the direction ofthe Authority.70. A writ against person or propertyshall not be issued against a member of thePorts Authority in any action broughtagainst the Authority.71. The Ports Authority may establishand maintain a ports security service withinthe limits of any specified port.Xl65Rules made bythe PortsAuthority.Protection foraction takenunder this Actor underdirection of thePortsAuthority.Writ not toissue againstperson orproperty of amember of thePortsAuthority.PortsAuthority maycreate andmaintain aports security

service..Cap. 2321 SRI LANKA PORTS AUTHORITYX/66Power of PortsAuthority tocompoundclaims.Bondedwarehouse.Contracts ofthe PortsAuthority.72. The Ports Authority may compoundany claim or demand made against it by anyperson for such sum or other compensationas it may deem sufficient.73. (1) Where any warehouse of thePorts Authority ‘is approved and appointedas a bonded warehouse under any writtenlaw for the time being in force, theAuthority shall give such security as isrequired, in that written law for thepayment of such import duty as is payablein respect of the goods stored in such

bonded warehouse or for the dueexportation of such goods.(2) Where such security has been givenby the Ports Authority, further securityshall not be required by the Government orany other person to the same effect.(3) Any person being, or having thepowers of, a revenue officer under anywritten law for the time being in force shall,for the performance of his duties at all timesbe admitted to all parts of any specified portincluding those parts of the premisesapproved and appointed as a bondedwarehouse, and he shall be permitted toinspect the books kept in connexiontherewith and the stocks therein.74. The Ports Authority may inaccordance with such rules as may be madeby the Authority enter into such contractsas are necessary for the discharge of itsfunctions, and in the case of contracts forthe supply of goods or material or for theexecution of works, such rules shall-(a) as far as is practicable and except asotherwise therein provided, requirethat notice of the intention to enterinto such contracts shall bepublished and tenders invited ; and(6) specify the manner in which suchnotice shall be published andtenders invited :Provided that a person entering into acontract with the Ports Authority shall notbe bound to inquire whether such rules havebeen complied with, and all such contracts,if otherwise valid, shall have full force andeffect notwithstanding that the rulesapplicable thereto have not been compliedwith. *75. Any company or other body of Powers ofpersons may, notwithstanding anything to ~~~~e~~;o~c~the contrary in any written law or contracts withinstrument relating to its functions, enter the Portsinto and perform all such contracts with the Authority.Ports Authority as may be necessary for theexercise of the powers and performance ofthe duties of the Authority.76. (1) All notices, orders, receipts and Receipts andother documents of whatsoever nature notices may be given by which the Ports Authority is empowered to employee ifgive by this Act, or by any other written authorized.law, may be given by any employee of theAuthority authorized for the purpose by theAuthority.(2) Where any such notice, order,

receipt or document requires authentication,the signature or a facsimile thereof, of anyemployee of the Ports Authority authorizedfor the purpose by the Authority, affixedthereto, shall be sufficient authentication.77. (1) Any notice, order or document Service ofrequired or authorized under this Act or any notice~ kc*regulation or rule made thereunder to beserved on any person, may be served-(u) by delivering it to that person or by. delivering it at the usual or lastknown place of abode of thatperson or to some adult member orservant of his family ;(6) by leaving it at the usual or lastknown place of abode or businessof such person in a cover addressedto such person ; or(c) by sending it by registered postaddressed to that person at hisusual or last known place of abodeor business.(2) Notwithstanding the provisions ofsubsection (I), any notice required to begiven to any person who causes anyobstruction or impediment to navigationand whose identity is unknown, shall bedeemed to be properly served if affixed on,at or near, the place where such obstructionor impediment is caused.78. Any person who is an employee, Powers toagent or contractor of the Ports Authority ~~t$“ponmay, if so authorized by the Authority, ..SRI LANKA PORTS AUTHORITY [Cap. 232enter, after sufficient notice at all reasonablehours of the day into or upon, any buildingor land for the purpose of making anysurvey or inspection or of executing anywork required to be made or executed forthe purposes of this Act. Such person shallnot be liable on account of such entry or onaccount of anything done bona fide in anypart of such building or land which isnecessary in the execution of his duties inpursuance of this Act.Removal of 79. (1) (a) If a vehicle is left withoutvehicles left inthe port the permission of the Ports Authority-premiseswithout the (i) in a parking place provided by thepermission ofthe PortsAuthority.Authority for a longer period thantwenty-four hours ;(ii) in any part of the port premiseswhere the parking of vehicles isprohibited by notice erected by the

Authority ; or(iii) in any place where it is likely toobstruct or interfere with the use ofthe port premises ;the Authority may remove the vehicle andplace it in one of its open yards at the riskof the owner of such vehicle ;(6) Any such notice as is referred to insub-paragraph (ii) of paragraph (a) of thissubsection shall be conspicuously posted inor in proximity to the place to which itrelates.(2) Where the Ports Authority in theexercise of the powers of this sectionremoves the vehicle, or uses the services ofany other person to remove the vehicle, theexpenses of and incidental to the removal ofthe vehicle together with any charges orpenalty shall be recoverable by theAuthority from the owner of the vehicle as adebt in any court of competent jurisdiction.(3) If the Ports Authority in the exerciseof the powers of this section removes avehicle, the Authority shall, if and as soonas it is reasonably practicable to do so, sendto the person for the time being registered asthe owner of the vehicle for the purpose ofthe Motor *Traffic Act or any otherregulations having the same effect for thetime being in force, at his last knownaddress, his registered address or at, theaddress where the vehicle is ordinarily kept,notice that the Ports Authority hasexercised the powers of this section and thatthe vehicle may be claimed and removed onpayment of the charges and penaltiesspecified in subsection (2).(4). If any such vehicle is not claimedand removed by the owner or some personon his behalf within fourteen days afterbeing removed by the Ports Authority (or inthe case of a registered vehicle, withinfourteen days after the service of a notice onthe owner or proprietor) the Authority maycause the vehicle to be sold by auction or bypublic tender but not less than seven days’notice of such auction or calling of tendersshall be given in at least one Sinhala, oneTamil and one English newspaper publishedand circulated in Sri Lanka and if thevehicle is not sold as a result of any suchauction or calling of tenders the PortsAuthority may sell, destroy or give away thevehicle as they think fit.(5) Where any vehicle is sold in the

purported exercise of the power of saleconferred by this section the title of thepurchaser shall not be impeachable on anyground whatsoever and he shall take thevehicle free from any title, estate, interest orright of any other person.(6) The net proceeds of such sale lessany amount payable under subsection (3)shall be held in deposit with notice toparties by the Ports Authority and shall bepaid to the person entitled to it.In the event of there being more than oneclaimant to the said proceeds the disputeshall be referred to court for adjudication.But, if however, the proceeds are notclaimed by any person within one year, theproceeds shall be credited to the Fund of theAuthority.(7) If the person to whom any money isso paid is not the person entitled thereto,the Ports Authority shall not be liable forsuch payment, but any other person whoX/67.Cap. 2321 SRI LANKA PORTS AUTHORITYMaster to leavea list of cargoat the office ofthe PortsAuthority.claims such money may have recourseagainst the person to whom payment wasmade by the Authority.(8) In this section “ vehicle ” includes allgoods and chattels attached to, in, or on,the vehicle.(9) The powers and discretionsconferred on the Ports Authority by thissection may be exercised by any officer ofthe Authority authorized in writing in thatbehalf by the Authority.(10) A notice stating the general effectof paragraph (a) of subsection (I) shall bedisplayed in a prominent position in themain notice board of the Ports Authority.80. (1) The master or owner of everyimporting vessel or his agent shall sign andleave at the office of the Ports Authoritywithin fourteen days next after the finaldischarge of all goods imported in suchvessel, a full and accurate list of the saidgoods, containing all particulars as to-(u) the gross weight, measurements,marks, numbers and contents ofeach package ; and(6) the names of the consigneesaccording to the bills of lading orthe names of the persons actually

paying the freight for such goods.(2) Any such master, owner or agentwho fails to sign and leave such list shall beguilty of an offence and shall be liable onconviction by a Magistrate to a fine notexceeding rupees two thousand.(3) The owner, charterer, consignor,agent or other person acting in the loadingand clearing of every exporting vessel shallprepare a full and accurate list or manifestof all goods exported in such vessel, fromthe bills of lading and freight list thereof,and shall sign and leave at the office of thePorts Authority within fourteen days aftersuch vessel has cleared from the port, acorrect transcript of such list or manifest,distinguishing therein the names of theseveral shippers of such goods according tothe bills of lading. *(4) Any such owner, charterer,consignor, agent or other person who failsto prepare such list or manifest, and to signand deliver such transcript shall be guilty ofan offence and shall be liable, on convictionby a Magistrate to a fine not exceedingrupees one thousand.81. (1) Every vessel lying alongside a Vessels to bewharf or within the harbour of any specified ~~~:~~or’a’dport, shall be kept so equipped, provided with safety.and loaded or ballasted so as to enable herto be removed with safety whenever it isnecessary in the judgment of the PortsAuthority that it shall be removed.(2) Any master or owner of a shipcontravening the provisions of subsection(1) shall be guilty of an offence and shall beliable, on conviction by a Magistrate, to afine not exceeding rupees one thousand.82. (1) In every case in which any Master, ownerdamage is done to any property of the Ports “~~~~~~,,,,Authority by any vessel or vehicle or by any answerable forperson employed in or about the same, the damage.cost of making good such damage may berecovered by the Authority from the master,owner or person in charge of such vessel orvehicle.(2) The Ports Authority may detain anysuch vessel or vehicle until the cost ofmaking good such damage has been paid tothe Authority or security has been given tothe Authority for the amount thereof.(3) For the purposes of subsection (2)the provisions of section 40 (2) shall apply.83. (1) If through any act, neglect or Damage to thedefault on account of which any person has pU$iority,s

incurred any penalty imposed under this Act property to beany damage to the property of the made good inAuthority has been caused by such person, ~~~~t~ to. he shall be liable to make good such damageas well as pay such penalty.(2) The amount of such damage shall, inthe case of dispute, be determined by thecourt by which the party incurring suchpenalty has been convicted, and may berecovered as if it were a fine &posed by thecourt.X/68.SRI LANKA PORTS AUTHORITY [Cap. 232Disposal ofcargo thatappears to beabandoned oris obstructingthe transitsheds,84. (1) Where any cargo is leftstanding in the premises of any specifiedport for a period of over three months and,in the opinion of the Ports Authority,appears to be abandoned or is obstructingits transit sheds, the Authority may disposeof such cargo by public auction or by callingfor tenders and if such cargo is not sold as aresult of any such auction or calling fortenders, the Authority may sell, give awayor destroy such cargo :Provided that sale or disposal of cargoshall not be held under this section until theconcurrence of the Principal Collector ofCustoms is obtained in respect of such saleor disposal and valuation in respect of suchcargo for such sale or disposal.(2) The proceeds of the sale of anygoods referred to in subsection (1) shall beapplied by the Ports Authority in themanner set out in section 39 (6).(3) The balance, if any, of the proceedsof the sale after making the payments undersubsection (2) shall be paid to the personentitled thereto on demand or where nosuch demand is made within one year fromthe sale of the goods, to the general revenueand thereupon all rights by such person tothe same shall be extinguished.Transitionalprovisions.85. (1) Any fund, scheme, document,licence, provision or resolution, constituted,prepared, made, granted or approved underthe Port of Colombo (Administration) Act,the Port (Cargo) Corporation Act, No. 13of 1958, the Port Tally and ProtectiveServices Corporation Act, No. 10 of 1967,or under the provisions of any other writtenlaw relating to such functions as are vestedin the Ports Authority under this Act shall,except where otherwise expressly providedin this Act or any other written law,continue to have effect, and be deemed to

have been constituted, prepared, made,granted or approved, as the case may be,under this Act.(2) Notwithstanding the repeal by thisAct of any written law, every rule,regulation or order made under suchr e p e a l e d l a w s h a l l , i f i t i s i n f o r c eimmediately p.rior to the appointed date andis not inconsistent with the provisions ofthis Act, be deemed to be a rule, regulationor order made under this Act, and haveeffect accordingly ; and may be amended,replaced or rescinded by any rule, regulationor order, as the case may be, made underthis Act.(3) All deeds, bonds, agreements,instruments and working arrangementssubsisting on the day immediately precedingthe appointed date, affecting any of theassets and liabilities vested in the PortsAuthority or any employee of the PortsAuthority under this Act, shall have fullforce and effect against or in favour of thePorts Authority, as the case may be, and beenforceable as fully and effectually as if,instead of the Port Commissioner, the Port(Cargo) Corporation, Port Tally andProtective Services Corporation, theGovernment or any person acting on behalfthereof, the Ports Authority had beennamed therein or had been a party thereto.(4) All legal proceedings instituted orwhich might have been instituted by oragainst the Port Commission, the Port(Cargo) Corporation or the Port Tally andProtective Services Corporation in respectof any functions or assets which, under andby virtue of this Act, are transferred to, andvested in, the Ports Authority may, subjectto the provisions of this Act and to anyother written law, be, if they are pending onthe day immediately preceding theappointed date, continued or be, if theyh a v e n o t b e e n i n s t i t u t e d b e f o r e t h eappointed date, instituted by or against thePorts Authority.86. (1) The Port of Colombo Repeal and(Administration) Act,* the Port (Cargo) modification ofCorporation Act, No. 13 of 1958, and the cerra’n laws.Port Tally and Protective ServicesCorporation Act, No. 10 of 1967, are herebyrepealed.(2) The Customs Ordinance, in itsapplication in relation to, but only inrelation to, acts or things done or omitted tobe done, or required or authorized to bedone, in any specified port shall have effectsubject to the adaptations, modificationsc

* Chapter 238 of the 1956 Revised Edition.

X/69.Cap. 2321 SRI LANKA PORTS AUTHORITYand additions set out hereunder, that is tosay-G-

4(b)(4(4(4section 15 of that Ordinance shallnot apply within the limits of anyspecified port in respect of anywarehouse or other place of depositunder the control of the PortsAuthority ;sections 23, 24 and 25 of thatOrdinance shall not apply in respectof and within the limits of anyspecified port subject to themodifications that the PrincipalCollector of Customs shall continueto have the power to enforcepayment of penalties under theprovisions of section 24 of theCustoms Ordinance ;sufferance shall not be granted bythe Collector under section 34 orsection 62 of that Ordinance untilthe Ports Authority hascommunicated to the PrincipalCollector of Customs in writing itsconsent to the grant of suchsufferance ;The reference to the warehouse ofthe Republic in section 34 of thatOrdinance shall include any PortsAuthority warehouse or transit shedapproved by the Principal Collectorof Customs and any rent payableunder this section shall be paid tothe Ports Authority ;section 37 of that Ordinance, in itsapplication to the transhipment ofcargo within any specified port shallhave effect, subject to themodification that the PortsAuthority may conducttranshipment operations in thepresence of an officer deputed bythe Principal Collector of Customsto superintend the Customsprocedures of such operations ;section 41 of that Ordinance, in itsapplication in the case of goodsplaced in any warehouse or transitshed belonging to the PortsAuthority shall have effect subjectto the modification that the powersconferred on the Collector other

than the power te require packagesu>(g)VO(9to be stored, if necessary, in a grillor other place of security inside awarehouse, shall be exercised by thePorts Authority ;section 42 of that Ordinance, in itsapplication in the case of anyoffence committed in relation toany goods in any warehouse ortransit shed belonging to the PortsAuthority shall have effect subjectto the modification that thereference in that section to theCollector shall be deemed to be areference to the Ports Authority ;section 60 of that Ordinance shallhave effect subject to themodification that the power to issuestiffening orders shall be exercisedby the Ports Authority ;section 102 of that Ordinance shallhave effect subject to themodification that the powerconferred by that section on anyofficer of the Customs to requirethe removal of certain articles fromthe Customs premises may also beexercised by any officer authorizedin that behalf by the PortsAuthority in writing ;section 104 of that Ordinance shallhave effect subject to themodification that the referencetherein to the Port Commissionershall be deemed to be a reference tothe Ports Authority, and thereference to a Colombo Portwarehouse shall be deemed to be areference to any warehouse ortransit shed under the control of thePorts Authority ;section 116 of that Ordinance shallhave effect subject to the followingmodifications :-(i) the reference to the Collectorshall be deemed to be areference to the PortsAuthority ;(ii) the reference to the properofficer of Customs shall be

deemed to be a reference tox/70.SRI LANKA PORTS AUTHORITY [Cap. 232a*Y officer authorized inwriting by the PortsAuthority ;(iii) the reference to one hundredrupees shall be deemed to be areference to one thousandrupees ;(k) section 117 of that Ordinance shallhave effect subject to the followingmodifications :-(i) the reference to the Collectorshall be deemed to be areference to the PortsAuthority ;(ii) the reference to one hundredrupees shall be deemed to be areference to one thousandrupees ;(iii) a sale of any goods shall notbe held under that section (asherein modified) until theCollector has, in writingaddressed to the PortsAuthority, fixed the upsetprice of the goods andapproved the sale, and theentire proceeds of any suchsale shall be disposed of bythe Ports Authority asprovided in that sectionprovided that the Customsduties are credited to theCollector ;(I) sections 146 and 147 of thatOrdinance in their application inrelation to a*Y offence o rcontravention mentioned inSchedule II of this Act shall haveeffect subject to the followingmodifications :-(i) the reference in the proviso tosection 146 to the PrincipalCollector of Customs shall bedeemed to be a reference tothe Ports Authority ;(ii) the power under section 147 tosanction a prosecution or tocompound any offence shallbe exercised by the PortsAuthority ;(iii) the reference in subsection (4)of section 147 to the Collectorof Customs shall be deemed to

be a reference to the PortsAuthority ;(m) notwithstanding anything in section153 of that Ordinance the amountof any penalty payable undersection 42 of that Ordinance inrespect of any goods placed in aPorts Authority warehouse ortransit shed or payable undersection 116 or section 117 of thatOrdinance in respect of anycontravention committed in anyspecified port, shall be paid to thePorts Authority and shall (afterdeducting any expenses incurred) bepaid to the reward fund maintainedbY the Ports Authority fordistribution at its discretion amonginformers and deserving employees ;(n) section 163 of that Ordinance shall,in the case of any forfeiture orpenalty, or liability or forfeiture orpenalty, incurred under section 42of that Ordinance in relation to anygoods placed in a*Y PortsAuthority warehouse or transit shedor under section 116 or 117 of thatOrdinance in respect of anycontravention committed in anyspecified port, have effect subject tothe modification that the power ofmitigation shall be exercisable bythe Ports Authority, subject torevision by the Minister onapplication made to him.(3) The Masters Attendant Ordinance,the Pilots Ordinance, the Boats Ordinance,the Customs Ordinance, the PoliceOrdinance and the Boatmen’s Ordinanceand the rules and regulations madethereunder shall, in their application to anyspecified port, have effect subject to themodification that the ‘powers, duties andfunctions conferred and imposed on theMaster Attendant or the PortCommissioner (as the case may be) by thoseOrdinances, rules and regulations shall beX/71.Cap. 2321 SRI LANKA PORTS AUTHORITYThe provisionsof this Act tobe in additionto provisionsof CustomsOrdinance.The provisionsof this Act tobind the

Republic.Interpretation.exercised, performed and discharged by thePorts Authority ; and accordingly everyreference in those Ordinances and in anyrules and regulations to the MasterAttendant or the Port Commissioner shallbe deemed to be a reference to the PortsAuthority.87. The provisions of this Act shall beconstrued to be in addition to and not inderogation of the provisions of the CustomsOrdinance.88. The provisions of this Act shallapply to and shall bind the Republic or anydepartment of the Government.89. In this Act, unless the contextotherwise requires-“appointed date ” means the 1st day ofAugust 1979 ;“ beacon ” means any light, mark or signused as an aid to navigation, otherthan a lighthouse or buoy ;“ buoy ” includes any floating light, markor sign used as an aid to navigation,other than a lighthouse ;“ charges ” include charges, rates, fees anddues of every description which thePorts Authority is, for the timebeing authorized to demand, takeand recover and “ charge ” shall beconstrued accordingly ;“ dangerous goods ” include aquafortis,vitriol, naphtha, benzine,gunpowder, lucifer matches,nitroglycerine, petroleum, carbideof calcium and any explosive withinthe meaning of the Explosives Act ;“ goods ” include animals, carcases,baggage and any other movableproperty of any kind whatsoever ;“ land ” includes land covered by waterand any interest in land ;“ local authority ” means any MunicipalCouncil, Urban Council, TownCouncil or Village Council andincludes any Authority created andestablished by or under any law toexercise, perform and dischargepowers, duties and functionscorresponding to or similar to thepowers, duties and functionsexercised, performed anddischarged by any such Council ;“ master ” includes every person, except a

pilot having for the time being thecommand, charge or control of anyvessel ;“ owner ” when used in relation to goods,includes any consignor, consignee,shipper or agent of the owner forthe sale, custody, loading, handling,discharge or delivery of suchgoods ; and when used in relation toany vessel, includes any part-owner,charterer or operator thereof or anyduly authorized agent of any suchperson ;“ Port (Cargo) Corporation ” means thePort (Cargo) Corporationestablished by the Port (Cargo)Corporation Act, No. 13 of 1958 ;“ Port Commissioner ” means the PortCommissioner appointed under thePort of Colombo (Administration)Act, and includes any officer actingunder the authority in writing ofsuch Port Commissioner ;“ port premises ” means the landing placesand all other works and land at anytime vested in, belonging to oradministered by the PortsAuthority ;“ Port Tally and Protective ServicesCorporation ” means the Port Tallyand Protective ServicesCorporation established by the PortTally and Protective ServicesCorporation Act, No. 10 of 1967 ;“ stevedoring ” means the operationsconnected with the loading,discharging, shipping, transhippingand storage of cargo in the holds of,or on board, any vessels ;X/72.SRI LANKA PORTS AUTHORITY [Cap. 232i s“ tallying and protecting services ” meanstally and watchmen and otherprotective services performed bypersons employed on board a shipor ashore in the interest of the,owner, agent or master of the shipand includes receipt keepers,assistant receipt keepers,supervisors, plan clerks and pierclerks ;“ transit shed ” includes all buildings,yards and other places owned oroccupied by the Ports Authorityand appropriated by the Authority

for the landing and shipping ofgoods and any foreshore so ownedor occupied and used for suchpurposes, but shall not include anyportion of the foreshore or otherplaces not so owned or occupied ;“ vessel ” includes any ship or boat or anyother description of vessel used innavigation ; and“ wharf” includes a quay, pier, jetty orother landing place.SCHEDULE I [Section 5 (3).]PROVISIONS RELATING TO THE MEMBERS OF THE PORTS AUTHORITYI. A person shall be disqualifieda Member of Parliament.from being appointed or continuing as a member of the Ports Authority if he2. Before appointing a person to be a member of the Ports Authority, the Minister shall satisfy himself thatsuch person shall not have any financial or other interest as is likely to affect prejudicially the discharge by suchperson of his functions as a member of the Authority ; and the Minister shall also satisfy himself, from time totime, in respect of every member of the Ports Authority appointed by the Minister that he does not have any suchinterest. Any person appointed by the Minister or whom the Minister proposes to appoint as a member of theAuthority shall, when requested by the Minister so to do, furnish to the Minister such information as the Ministerconsiders necessary for the performance of his functions under this Act.3. A member of the Ports Authority who is in any way, directly or indirectly, interested in any contract madeor proposed to be made by the Authority shall disclose the nature of his interest at a meeting of the Authority andsuch disclosure shall be recorded in the minutes of the Authority and the member shall not take part in anydeliberation or decision of the Authority with regard to that contract.4. (I) Every member of the Ports Authority, other than the Principal Collector of Customs, the membernominated by the Minister in charge of the subject of Finance and the member nominated by the Minister incharge of the subject of Fisheries shall, subject to the provisions of sections 5 and 6 of this Schedule hold office forsuch term not exceeding three years reckoned from the date of his appointment as the Minister may at the time ofappointment determine and unless he has been removed from office under section 5 of this Schedule, shall beeligible for re-appointment :Provided that a member appointed by the Minister in place of a member who vacates office shall unless hevacates office earlier hold office for the unexpired.part of the term of office of the member whom he succeeds.(2) Subject to section 6 of this Schedule, theperiod of his membership of the Ports Authority.term of office of the Chairman or the Vice-Chairman shall be the5. The Minister may, without assigning any reason therefor, remove any member of the Ports Authorityappointed by him and the Minister in charge of the subject of Finance or the Minister in charge of the subject ofFisheries, as the case may be, may, without assigning any reason therefor, remove the member of the PortsAuthority nominated by that Minister and such removal by the Minister or the Minister in charge of the subject ofFinance or the Minister in charge of the subject of Fisheries, shall not be called in question in any court ortribunal.6. A member oLthe Ports Authority appointed by the Minister may at any timeChairman, or Vice-Chairman by a letter in that behalf addressed to the Minister.resign his office as a member,

x/73.Cap. 2321 SRI LANKA PORTS AUTHORITY7 . (1) Where any member of the Ports Authority is temporarily unable to perform the duties of his office onaccount of ill health or other infirmity, absence from Sri Lanka or any other cause, then-(u) if he is a member appointed by the Minister, the Minister may appoint another person to act in place ofthat member, or(b) if he is the member nominated by the Minister in charge of the subject of Finance, that Minister maynominate another representative of the General Treasury to act in place of that member, or(c) if he is the member nominated by the Minister in charge of the subject of Fisheries,nominate another representative of the Ministry to act in place of that member, orthat Minister(d) if he is the Principal Collector of Customs, the officer for the time being acting for him may act as amember of the Ports Authority.(2) Where the Chairman or Vice-Chairman of the Ports Authority is temporarily unable to perform the dutiesof his office due to ill health, other infirmity, absence from Sri Lanka or any other cause, the Minister mayappoint any other member appointed by him to act as Chairman or Vice-Chairman, as the case may be.8 . All or any of the members of the Ports Authority may be paid such remuneration, allowances and otherexpenses out of the funds of the Ports Authority, as may be determined by the Minister with the concurrence ofthe Minister in charge of the subject of Finance.9 . The quorum for any meeting of the Ports Authority shall be three members. The Chairman of the Authorityshall preside at all meetings of the Authority. In the absence of the Chairman from any meeting of the Authority,the Vice-Chairman of the Authority shall preside and in the absence of both the Chairman and the Vice-Chairmanfrom any meeting of the Authority, the members present shall elect one of them to preside at the meeting.1 0 . Subject to the other provisions of this Schedule, the Ports Authority may regulate its own procedure in

regard to its meetings and the transaction of business at the meetings.1 1 . The seal of the Ports Authority shall be in the custody of the Chairman of the Ports Authority and it shallnot be affixed to any instrument or document except in the presence of two members of the Authority one ofwhom shall be the Chairman or Vice-Chairman of the Authority. Both such members shall sign such instrument ordocument in token of their presence. The seal of the Authority may be altered in such manner as may bedetermined by the Authority.1 2 . The Ports Authority may act notwithstanding any vacancy among its members and any act or proceedingof the Authority shall not be or be deemed to be invalid by reason only of the existence of any vacancy among itsmembers or any defect in the appointment or nomination of a member thereof.SCHEDULE II[Section 86 (2)uI.1OFFENCES REFERRED TO IN !SECI-ION 86 (2) (r)1 . Any offence referred to in section 42 of the Customs Ordinance alleged to have been committed in respect ofgoods placed in any Ports Authority warehouse.2 . Any offence against or contravention of any of the following sections of the Customs Ordinance, alleged tohave been committed in any specified port, that is to say, sections 102, 104, 116 and 117.x/74