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安提瓜和巴布达港口管理局法
Port Authority Act
【发布部门】安提瓜和巴布达国会 【发文字号】
【发布日期】1973年07月04日 【实施日期】1973年07月04日
【时效性】现行有效 【效力级别】法律
【法规类别】安提瓜和巴布达法规规划 【来源】联合国粮农组织网站

安提瓜和巴布达港口管理局法

【法律沿革】

本法于1973年7月4日颁布实施。

【内容介绍】

本法分9部分,计53条,以及3个附表。本法是关于港口管理局的规定,内容涉及管理局机构设置和人员配置,以及管理局的职能,包括货物存储、港口管理等。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC045445


港口管理局法(Port Authority Act)


THEPORT AUTHORITY ACT

 

Arrangementof Sections

Section

1.Short title.

2.Interpretation.

PARTI

THEAUTHORITY

3.Establishment and Constitution of Port Authority.

4.Vesting of certain property, rights and liabilities in the Authority.

5.Functions of Authority.

6.Powers of Authority.

7.Power of Authority to delegate.

8.Power of Minister to give policy directions.

9.Accommodation of Comptroller.

PARTII

FINANCIALPROVISIONS

10.Power to borrow or raise capital.

11.Powers of the Authority to borrow from Government.

12.Application of Revenue.

13.Authorised investments.

14.Rates, etc. chargeable by the Authority.

15.Accounting of Authority.

16.Cash deposits and payments.

17.Rules.

18.Annual report.

19.Exemption from customs duty, consumption tax, income tax and property tax.

PARTIII

RESPONSIBILITYOF THE AUTHORITY AS A WAREHOUSEMAN

20.Liability for loss etc. of goods.

21.Limitation of loss etc. where false account given.

22.Burden of proof in proceedings brought under section 20.

PARTIV

GOODS

23.Power to determine conditions for carriage and warehousing of goods.

24.Description etc. of goods to be delivered.

25.Unclaimed goods in the possession of the Authority.

26.Dangerous or offensive goods, etc.

PARTV

GENERAL

27.Tariff book etc.

PARTVI

ACCIDENTS

28.Accidents to be reported.

29.Inquiries into accidents.

30.Authority to make a return of accidents.

PARTVII

SPECIALPROVISIONS RELATING TO HARBOURS

31. Harbours.

32.Compulsory pilotage harbours.

33.Passengers, etc. to be embarked etc. only at a harbour.

34.Master to supply information.

35.Harbour rates and charges may be levied.

36.Power to arrest ship for harbour rates and charges.

37.Master required to obtain certificate of authorised employee before requestingoutward clearance from the Customs.

38.Power of authorised employee with respect to wrecks etc.

39.Port Manager may retain goods until freight etc. is paid.

40.Liability for demurrage.

41.Master responsible for contravention of Act.

42.Delivery to Masters of copy of Act.

PARTVIII

OFFENCES

43.Damaging property in a manner likely to endanger life.

44.False returns.

45.Person endangering safety of operations.

46.Person demanding improper amount.

47.Miscellaneous summary offences.

48.Navigating without pilot in compulsory pil~age harbour.

49.Offences by masters.

50.Power of arrest or removal.

51.Place of trial.

52.Authorised employees to have powers of Police.

PARTIX

REGULATIONS

53.Regulations.

FIRSTSCHEDULE.

SECONDSCHEDULE.

THIRDSCHEDULE.

 

PORTAUTHORITY

(4thJuly, 1973.)

1.This Act may be cited as the Port Authority Act. Short title.

2.In this Act- Interpretation. 6' accountant" means the person appointed bythe 1. Authority as accountant under the provisions of the Second Schedule andincludes any officer of the Authority acting under the general or specialdirec- tions of the accountant;

"animal"means any animate thing of any kind what- soever except a human being;

"Authority"means the Port Authority established under section 3;

"authorisedemployee" means a person authorised by the Authority to exercise thepowers or perform the duties in respect of which the expression is used;

"basin"means the dredged portion of any harbour abutting on to any wharf operated byor on behalf of the Authority, but does not include any dredged channel to suchdredged portion;

"cargo"includes all kinds of goods, wares, minerals, merchandise, and livestock, butdoes not include fuel or ship's stores loaded in or carried by a vessel for useon board such vessel;

"Chairman"means the Chairman of the Authority appointed by the Governor-General under thepro- visions of the First Schedule and includes any person for the time beingperforming the functions of the Chairman;

"charges"means all sums received or receivable, charged or chargeable for or in respectof the carriage or warehousing of goods by means of the Authority or for or inrespect of any ship, harbour or other service performed or facility provided bymeans of the Authority;

"Comptroller"means the Comptroller of Customs and includes any officer of the CustomsDivision acting under the general or special orders of the Comptroller;

"dangerousgoods" means any goods defined as such by regulations made under section53;

"ferry"means any vessel plying from one side of the waterway to the other for thepurpose of the carriage of goods or passengers;

"financialyear" means such period of twelve months as the Authority with theapproval of the Minister may determine to be its financial year, so, however,that the first financial year shall be the period com- mencing with thecommencement of this Act and ending with such day as may be fixed by theAuthority with the approval of the Minister;

"goods"means all kinds of goods, wares, minerals, merchandise and livestock;

"harbour"means any harbour or port specified in the Third Schedule together with allwharves, jetties, slips, docks and the machinery, plants, tools and otherproperty appertaining thereto vested by section 4 in the Authority;

"master"in relation to a ship means any person (other than a pilot) having charge forthe time being of that ship;

"Minister"means the Minister responsible for ports and harbours;

"offensivegoods" means goods defined as such by regulations made under section 53;

“owner"in relation to goods means any person who is for the time being entitled,either as owner or as agent for the owner, to the possession of these goods;

"perishablegoods" means goods liable to rapid deterioration and in particular,includes fish, fruit, vegetables, bread, meat, poultry, game, butter, eggs,milk, cheese, plants, small animals and any other thing which the Minister mayprescribe;

"pilot"means a person for the time being authorised in accordance with regulationsmade under this Act to pilot ships;

"PoliceForce" means the Royal Antigua and Barbuda Police Force:

"PortManager" means the officer appointed by the Authority as Port Managerunder the provisions of the Second Schedule and includes any officer of theAuthority acting under the general or special directions of the Port Manager;

"publicofficer" shall have the meaning assigned to it by the Constitution; 6 <rates" includes all sums which may, under the pro- visions of this Act orregulations made thereunder, be levied for or in respect of the carriage orwarehousing of goods by means of the Authority or for or in respect of anyship, harbour or other service performed or facility provided by means of theAuthority;

"ship"includes any ship, vessel, tug, lighter or boat of any kind whatsoever whetherthe same is pro- pelled by steam or otherwise or is towed;

"TariffBook" means the Tarriff Book prepared and published under the provisionsof section 27;

“vehicle"includes carriages, wagons, carts, petrol or electrical vehicles, bicycles,tricycles, vans, hand carts, sledges, trucks, barrows and all other machinesfor the portage of goods or persons;

"warehouse"includes any building or part of a building, place, wagon, ship or vehicle usedfor the purpose of warehousing or depositing goods by means of the Authority;

"wharf'means any wharf in Antigua and Barbuda con- trolled and operated by theAuthority and includes any basin connected therewith, the quay walls, jet- tiesand piers of such wharf.

 (2) A reference in this Act to a Part orsection or Schedule shall, unless the contrary intention appears, be read as areference to a Part or section or Schedule of this Act; and a reference in thisAct to a subsection, paragraph or subparagraph shall, unless the contraryintention appears, be read as a reference to a subsection, paragraph or sub-paragraph, as the case may be, of the section in which the reference appears.

(3)In this Act and in all documents issued under this Act, unless the contextotherwise requires, the expression:-

(a)"accepted by the Authority" subject to the pro- visions of anyregulations made under this As-r means accepted by an authorised employee inthe course of his duty for carriage or warehousing in accordance with theprovisions of this Act or any regulations made thereunder;

(b)"delivered to the Authority", subject to the provisions of anyregulations made under this Act, means delivered to an authorised employee inthe course of his duty under this Act or any regulations made thereunder;

(c)"the possession of the Authority", subject to the provisions of anyregulations made under this Act, means the possession of any authorised employeein the course of his duty under this Act or any regulations made thereunder;

(d)"the purposes of the Authority" means any purpose necessary ordesirable for the performance of the services or the provision of anyfacilities authorised to be performed or provided by means of the Authorityunder this Act or any regulations made thereunder.

PARTI

THEAUTHORITY

Establishmentand Constitution of port Authority.

3.(1) There is hereby established a body to be called the Port Authority whichshall be a body corporate with perpetual succession and a common seal withpower to purchase, take, hold and dispose of land and other property, 'to enterinto contracts, to sue and be sued in its said name and to do all thingsnecessary for the purposes of this Act.

FirstSchedule. (2) The provisions of the First Schedule shall haveeffect as to the constitution, members, committees, operations, procedure andmeetings of the Authority and otherwise in relation thereto.

(3)The seal of the Authority shall be authenticated in the manner prescribed inthe First Schedule and shall be judicially and officially noticed.

SecondSchedule. (4) The provisions of the Second Schedule shallhave effect as to the officers and employees of the Authority theirappointment, dismissal and conditions of service and other- wise in relationthereto.

Vestingof certain property, certain property rights and liabilities in the Authority.

4.(1) Upon the date of coming into operation of this rights and Act all lands,buildings, installations, equipment and all other forms of property, whetherreal or personal, and all interests therein, of whatsoever nature, belonging tothe Government in Antigua and Barbuda and used exclusively for the purposes ofthe Port Department shall become vested in the Authority.

(2)Notwithstanding any of the provisions of this Act, except with the priorwritten permission-

(a)of the Governor-General acting in accordance with the advice of the Cabinet,the Authority shall not dispose of by sale, lease, sub-lease, mortgage,easement, or otherwise any land or interest in land vested in the Authority;

(b)of the Cabinet, the Authority shall not dispose of by sale, bailment, orotherwise, or turn to account, any personal property or interest therein vestedin the Authority.

(3)If any question shall arise under subsection (1) whether any land, building,installation, equipment or other form of property was used exclusively for thepurposes of the Port Department a certificate under the hand of the Ministershall be conclusive.

(4)Upon the date of coming into operation of this Act the benefits and burdens ofany contract for or in connec- tion with port and harbour services andfacilities to which the Government is a party (including the right to recover andreceive all moneys due and payable to the Government) and which subsists or isin force immediately before such date of coming into operation, shall be deemedto have been transferred from the Government to the Authority.

(5)Upon the date of coming into operation of this Act every agreement as respectsany land, building, installation, equipment or any other form of propertywhether real or personal, in connection with port and harbour services andfacilities (other than a contract referred to in subsection (4)) whether thatagreement is in writing or not, and every deed, bond or other instrument asrespects any land, building, installation, equipment or other form of propertywhether real or personal, in connection with port or harbour servkes andfacilities, to which agreement, deed, bond or other instrument the Governmentwas party or which affected the Government, and whether or not of such a naturethat the rights, liabilities and obligations thereunder could be assigned,shall have effect as if the Authority were a party thereto or affected therebyinstead of the Government and as if for every reference (however worded andwhether expressed or implied) therein to the Government there were substitutedin respect of anything to be done on or after such date of coming intooperation a reference to the Authority.

(6)Any proceedings upon any contract, agreement, deed, bond or other instrument towhich reference is made in subsections (4) and (5) which are pendingimmediately before the date when this Act comes into operation and to which theGovernment was a party shall be continued as if the authority was a partythereto in lieu of the Government.

Functionsof Authority.

5.(1) It is the function of the Authority-

(a)to develop the harbours of Antigua and Barbuda described in the Third Scheduleand such other har- bours as may from time to time be vested in the Authority;

(b)to operate port services in accordance with this

Act;

(c)to collect the dues and charges authorised by this Act or by any regulationsmade thereunder; and

(d)generally to be responsible for the carrying out of the provisions of this Act.

 (2) The development of the harbours and theopera- tion of the port services include the following-

(a)the provision and maintenance of facilities for the entry and berthing ofships, the landing and embarkation of passengers, the loading, unloading,storage and warehousing of cargo;

(b)the provision and maintenance of equipment for hoisting, lifting andtransportation of cargo;

(c)the erection, equipment and maintenance of quays, wharves, jetties, locks, andpiers;

(d)the provision of docking facilities, slipways and machine shops;

(e)the provision of lights and beacons, towage services, fire-fighting services,watering services, bunkering services, rescuing services, dredging services,salvage services, repair services and such other services as are ordinarilyrequired by ships coming into port in the course of their voyages.

Powersof Authority.

6.(1) With respect to the carrying out of any duties falling within its function,the Authority may arrange for the duties to be carried out either by theAuthority directly through its own officers, servants, and employees, orindirectly through persons with whom the Authority has entered into contract;and for that purpose the Authority may lease any lands, buildings, facilitiesor equipment.

(2)The Authority may for the purpose of the discharge of its functions:-

(a)carry on all activities the carrying on of which appear to it to be requisite,advantageous or convenient for or in connection with the discharge of its saidfunctions;

(b)promote the carrying on of any such activities by other bodies or persons, andfor that purpose may establish or expand, or promote the establishment or expansionof, other bodies to carry on any such activities either under the control orpartial control of the Authority or independently, and may give assistance tosuch bodies or to other bodies or persons appearing to the Authority to havefacilities for the carrying on of any such activities, including financialassistance by the taking up of share or loan capital or by loan or otherwise;

(c)carry on any such activities in association with other bodies or personsincluding Government authorities or as managing agents or otherwise on its ownbehalf;

(d)do anything and enter into any transaction whether or not involvingexpenditure, borrowing, granting of loans or investment of money in accordancewith the provisions of this Act in that behalf, the acquisition of any real orpersonal property or rights, which in its opinion is calculated to facilitatethe proper discharge of its functions or is incidental or conducive thereto.

Power ofAuthority to delegates.

7.Subject to the provisions of this Act the Authority may delegate to any memberor committee of the Authority the power and authority to carry out on itsbehalf such duties as the Authority may determine.

Powerof Minister to give policy directions.

8.(1) The Minister may, after consultation with the Chairman give to theAuthority such directions as to the policy to be followed by the Authority inthe performance of its functions as appear to the Minister to be necessary inthe interests of Antigua and Barbuda and the Authority shall give effect to suchdirections.

(2)The Authority shall furnish the Minister with such returns, accounts and otherinformation as he may require with respect to the property and activities ofthe Authority and shall afford to him facilities for verifying such informationin such manner and at such times as he may reasonably require.

Accommodationof Comptroller.

9.The Authority shall provide and maintain fromtime to time such reasonableoffice accommodation and facilities as the Comptroller shall require for thecarrying out of their duties by the officers of the Customs Division within aharbour.

PARTII FINANCIAL PROVISIONS

Powerto borrow or raise capital.

10.(1) The Authority may, from time to time, with the approval of the Ministerresponsible for finance borrow, secure or raise money by the issue ofdebentures or debenture stock, or other security, for all or any of thefollowing purposes-

(a)the provision of working capital;

(b)the fulfilling of the functions of the Authority under this Act;

(c)the provisions of capital for the expansion of and additions to, its fixedassets; (d) the redemption of any debenture or debenture stock or othersecurity that the Authority is required or entitled to redeem;

(e)any other expenditure properly chargeable to capital account.

(2)The Authority may, from time to time, borrow by way of overdraft or otherwisefor periods not exceeding one year such sums as the Authority may require formeeting its obligations and discharging its functions under this Act.

Powers of the Authorityto borrow from Government.

11.(1) The Authority may with the approval of the borrow from Minister responsiblefor finance, from time to time, by way of advances from the Government suchsums as may be necessary for carrying out its functions under this Act.

(2)For the purpose of making approved advances to the Authority under thissection, the Minister responsible for finance may authorise advances out of theproceeds of any loan raised for the purpose or out of the reserve fund,revenues or surplus balances of Antigua and Barbuda.

(3)Pending the raising of any such loan, the Minister responsible for finance bywarrant under his hand may authorise the Accountant-General to make advancesout of the revenues of Antigua and Barbuda to the Authority in such sums and onsuch terms and conditions as the Minister responsible for finance may think fitfor the purposes authorised by this Act.

(4)The repayment of any such advances and the pay- ment of interest thereon shallbe made by the Authority in like manner and on like conditions as borrowings bythe Authority, subject to any special terms and conditions which may bestipulated with respect to any such advance by the Minister responsible forfinance upon the making thereof.

Applicationof Revenue.

12.(1) The revenue of the Authority for any financial year shall be applied indefraying the following charges-

(a)the remuneration, fees and allowances of the members of the Authority or of anycommittee thereof;

(b)the salaries, fees, remuneration and gratuities, including payments for themaintenance of the Provident Fund or Pension Fund authorised by this Act, ofthe officers or agents and employees, and technical and other advisers, of theAuthority;

(c)working expenses, and expenditures on, or pro- vision for, the maintenance ofthe property and of any of the works of the Authority, and the insurance of thesame and the discharge of the functions of the Authority properly chargeable torevenue account.

(d)interest on any debenture and debenture stock or other security issued, and onany loan raised by the Authority;

(e)sums required to be transferred to a sinking fund or otherwise set aside forthe purpose of making provision for the redemption of debentures or debenturestock or other security or the repayment of other borrowed money;

(f)such sums as it may be deemed appropriate to set aside in respect ofdepreciation on the property of the Authority having regard to the amount setaside out of the revenue under paragraph (e); and .

(g) anyother expenditures authorised by the Authority and properly chargeable torevenue account.

 (2) The balance of the revenue of theAuthority shall be applied to the creation of reserve funds to finance futuremodernization and expansion.

Authorisedinvestments.

13.Funds of the Authority not immediately required to be expended in the meetingof any obligations or the discharge of any functions of the Authority may beinvested from time to time in securities approved by the Minister responsiblefor finance for investment by the Authority.

Rates,etc. chargeable by the Authority.

14.The rates, dues, charges and fees to be charged by the Authority shall be inaccordance with such rates, dues, charges and fees as may, from time to time,be fixed by regulations made under section 53.

Accountingof Authority.

15.(1) All decisions, orders, rules and regulations relating to the financialoperations of the Authority and authorised by this Act shall be made byresolution of the Authority at a meeting thereof and shall be recorded in theminutes of the Authority.

  (2) The Authority shall keep proper accountsand other records in respect of its operations, and shall cause to be prepareda statement in respect of each financial year.

(3)The accounts of the Authority shall be audited by auditors to be appointedannually by the Authority.

(4)The Authority shall, before the commencement of each financial year, submit tothe Minister for the information of Parliament a copy of its income andexpenditure budget, in relation to such year. The Minister shall cause copiesof such budgets to be laid on the table of each Chamber of the Legislature.

(5)After the end of each financial year, the Authority shall, as soon as theaccounts of the Authority have been audited, cause a copy of the statement ofaccounts to be transmitted to the Minister together with a copy of any reportmade by the auditors on that statement or on the accounts of the Authority. TheMinister shall cause a copy of every statement and report to be laid on thetable of each Chamber of the Legislature.

 (6) Notwithstanding any power of the Authorityconferred by this Act, where the Authority intends to embark upon any programmefor expanding its facilities and services that will involve borrowing moneysupon the credit of Antigua and Barbuda or that will require a longer periodthan one year to complete, the Authority shall obtain the approval of theMinister responsible for finance thereto before incurring any liability inrespect thereof.

Cashdeposits and payments.

16.(1) All moneys of the Authority accruing from its operations under this Actshall be paid into some bank or banks appointed by resolution of the Authority,and such moneys shall, as far as practicable, be paid into the bank from day today, except such sum as the accountant may be authorised by rules made undersection 17 to retain in his hands to meet petty disbursements for immediatepayments.

(2)All payments out of the funds of the Authority except petty disbursements notexceeding a sum to be fixed by rules made under section 17, shall be made bythe accountant, or on his behalf by any other officer appointed by theAuthority, in accordance with any such rules.

(3)Cheques against any banking account required to be kept or withdrawals from anysavings bank account shall be signed by the accountant and countersigned by thechairman of the Authority or any member of the Authority or any officer of theAuthority appointed by resolution of the Authority for the purpose, and any suchresolution shall be certified by the chairman and forwarded to the bank orbanks concerned.

17.The Authority shall by resolution make rules in Rules. respect of the followingmatters-

(a)the manner in which and the officers by whom payments are to be approved;

(b)the bank or banks into which the moneys of the Authority are to be paid, thetitle of any account ' with any such bank, and the transfer of one fund fromone account to another;

 (c) the appointment of a member of theAuthority or an officer of the Authority to countersign cheques on behalf ofthe chairman or in the absence of the chairman;

(d)the sum to be retained by the accountant to meet petty disbursements andimmediate payments and the maximum sum that may be so disbursed for any onepayment;

(e)the method to be adopted in making payments out of the funds of the Authority;and

(f)generally as to all matters necessary for the proper keeping and control of theaccounts and books and the control of the finance of the Authority.

Annualreport.

18.(1) The Authority shall as soon as practicable after the end of each financialyear make and transmit to the Minister a report dealing generally with theactivities of the Authority during the preceding financial year and con-taining such information relating to the operations and policy of the Authorityas the Minister may from time to time direct.

(2)The Minister shall cause a copy of every such report to be laid on the table ofeach Chamber of the Legislature.

Exemptionfrom customs duty, consumption tax, income tax and property tax.

19.(1) Notwithstanding anything in any other Act tax, contained, all plant,machinery, appliances, apparatus, equipment and materials of every kindwhatsoever imported into Antigua and Barbuda by the Authority for the purposeof carrying out its functions under this Act shall be free of all customs dutyand consumption tax or any other tax having a similar effect, whatsoever.

(2)Notwithstanding anything contained in the Income Tax Act the income of the Authorityshall be wholly exempt from payment of income tax.

(3)Notwithstanding anything contained in the Property Tax Act, and all amendmentsthereto, the property of the Authority shall be wholly exempt from payment ofproperty tax.

PARTIII

RESPONSIBILITYOF THE AUTHORITY AS A WAREHOUSEMAN

Liabilityfor loss etc. of goods.20.

(1)Subject to the provisions of this Act or of any the regulations madethereunder, or of any contract, Authority shall not be liable for the loss,misdelivery or detention of or damage to goods-

(a)delivered to or in the possession of the Authority, otherwise than for thepurposes of carriage or warehousing except where such loss, misdelivery,detention or damage is caused by the want reasonable foresight and care on thepart of any person employed in or for the purposes of the Authority;

(b)accepted by the Authority for carriage, or warehousing where such loss,misdelivery, detention or damage occurs otherwise than while the goods areintransit or being warehoused and is not caused by the want of reasonableforesight and care on the part of any person employed in or for the purposes ofthe Authority.

(2)The Authority shall in no case be liable for such loss, misdelivery, detentionor damage arising from-

(a)act of God;

(b)act of war or of the Queen's enemies;

(c)seizure under legal process;

(d)act or omission of the consignor, consignee or depositor, or of the servant oragent of any such person;

(e)fire, flood, hurricane, tempest, earthquake, riots, civil commotions, strikes,lock-outs, stoppage or restraint of labour from whatever cause, whether partialor general;

(f) inherentliability to wastage in bulk or weight, latent or inherent defect, vice ornatural deterioration;

(g)deficiency in the contents of unbroken packages; or

(h)insufficient or improper packing or from leakage from defective drums,containers or packages.

 (3) Where any such loss, misdelivery,detention or damage occurs in relation to goods accepted by the Authority forcarriage or for warehousing, the limitation contained in section 21 shallapply.

Limitationof loss etc. where false account given.

21.The liability of the Authority in respect of any goods accepted by theAuthority for carriage or warehousing and in relation to which an account falsein any material particular has been given under subsection (4) of section 24shall not in any case exceed the value of the goods as calculated in accordancewith the description contained in such false account.

Burdenof proof in proceedings brought under section 20.

22.In any proceedings brought under the provisions of section 20 against theAuthority, it shall not be necessary for the person claiming damages orcompensation to prove how the loss, misdelivery, detention or damage of goodswas caused.

PARTIV

GOODS

Powerto determine conditions for carriage and warehousing of goods.

23.(1) The Authority may, subject to the provisions of this Act or of any regulationsmade thereunder, determine the conditions upon which goods shall be carried orwarehoused by means of the Authority and different conditions may be determinedin different cases; and such conditions when so determined shall be publishedin regulations made under this Act and shall, subject as aforesaid, have effectfrom the date of such publication or from such later date as may be specifiedtherein;

(2)The Minister may, subject to the provisions of this Act and of any regulationsmade thereunder determine the rates and charges for the carriage or warehousingof goods and for any other service or facility performed or provided by meansof the Authority and such rates and charges shall, when so determined, bepublished in the Tariff Book and shall, subject as aforesaid, have effect fromthe date of such publication or from such later date as may be specifiedtherein.

Descriptionetc. of goods to be delivered.

24.(1) The consignor of, or the person tendering, any goods for carriage orwarehousing by means of the Authority and, on request by an authorisedemployee, the consignee of, or person receiving any goods which have beencarried or warehoused by means of the Authority shall deliver to an authorisedemployee an account in writing signed by such consignor, person or consignee,as the case may be, containing such descriptions of the goods as may besufficient to enable such employee to determine the rates and charges payablein respect of the carriage or warehousing thereof by means of the Authority.

(2)An authorised employee may, for the purpose of checking any accounts deliveredunder subsection (mequire such consignor, person or consignee, as the case maybe, to permit him to examine such goods.

(3)If such consignor, person or consignee fails to deliver the account referred toin subsection (1) or to permit such goods to be examined as required undersubsection (2), an authorised employee may, in respect of goods which aretendered for carriage or warehousing by means of the Authority, refuse toaccept the goods for such carriage or warehousing and in respect of goods whichhave been carried or warehoused by means of the Authority refuse to deliver thesame unless, in either case, in respect thereof a rate or charge not exceedingthe highest rate or charge payable for any class of goods is paid.

(4)If in respect of goods which have been carried or warehoused by means of theAuthority an account delivered under subsection (1) is found to be false in anymaterial particular with respect to the description of any goods to which itpurports to relate, an authorised employee may refuse to deliver such goodsunless in respect of warehousing or carriage of the goods a rate or charge notexceeding double the highest rate or charge payable for any class of goods ispaid.

Unclaimedgoods in the possession of the Authority.

25.(1) Where any goods in the possession of the Authority are not claimzd by theowner or any other person appearing to the Port Manager to be entitled thereto,the Port Manager shall, if such owner or person is known, take all reasonablesteps to cause a notice to be served upon him requiring him to remove thegoods.

(2)If-

(a)the owner of any goods in the possession of the Authority is not known and noperson appears to be entitled thereto; or

(b)the notice referred to in subsection (1) cannot for any reason be served; or

(c)there has been a non-compliance with the pro- visions of any notice servedunder subsection (1),

thePort Manager, may within a reasonable time not being less, except in the caseof perishable goods, than forty-five days, sell the goods by public auction andafter deducting from the proceeds of sale thereof the expenses of such saleshall pay the balance thereof into the funds of the Authority: Provided that noimported goods shall be sold under this section until they shall have been enteredfor home con- sumption in accordance with the provisions of the laws of Antiguaand Barbuda relating to customs.

Dangerousor offensive goods, etc.

26.(1) No person shall tender to the Authority for carriage or warehousing anygoods to which this section applies without giving notice of the nature of suchgoods-

(a)in the case of goods taken with a person, to the person in charge of the portof embarkation at which such first mentioned person commences his journey; or

(b)in the case of goods tendered to the Authority for carriage or warehousing, tothe authorised employee to whom such goods are tendered.

(2)An authorised employee may-

(a)refuse to accept for carriage or warehousing by means of the Authority, goodsto which this section applies or may accept them only under and in accord- ancewith any special provisions dealing with the carriage or warehousing of anysuch goods;

(b)require any such goods to be marked and packed in such manner as may bespecified in regulations made under this Act.

(3)Where any authorised employee has reason to believe that any goods to whichthis section applies are being carried or warehoused by means of the Authorityor have been accepted for carriage or warehousing by means of the Authority incontravention of the provisions of subsection (1) or subsection (2), he mayexamine such goods and, if on examination they are found to be goods to whichthis section applies, he may upon informing an officer of customs of the placeto which the goods are to be removed, order their removal from any premisesoccupied for the purposes of the Authority.

(4)Goods to which this section applies are any dangerous or offensive goods andany goods which are likely to cause damage to person or property.

(5)Nothing in this section shall-

(a)apply to any goods carried or warehoused by means of the Authority for or onbehalf of the Crown in right of its Government of Antigua and Barbuda or of theUnited Kingdom;

(b)apply to any goods carried by any member of Her Majesty's armed forces, inright of the Govern ment of Antigua and Barbuda or of the United Kingdom or byany member of the Police Force or the Defence Force, in course of his duty.

PARTV

GENERAL

Tariffbook etc.

27.The Authority shall cause to be prepared and published in such manner as it maythink fit- .

(a) a'Tariff Book' containing all matters which under this Act or any regulationsmade thereunder are required to be contained therein, together with such othermatters as the Minister may think fit; and

(b)such other books and other documents as under this Act or any regulations madethereunder are required to be kept.

PARTVI

ACCIDENTS

Accidentsto be reported.

28.Where any accident occurs in any harbour, then if that accident-

(a)is attended, or is of a kind usually attended, with loss of human life or withserious injury to person or property;

(b)involves any collision between ships of which one is carrying passengers; or

(c)is of such other kind as the Minister may specify, the Port Manager shall, assoon as practicable, give notice of the occurrence of the accident to theAuthority and the Authority shall forthwith report the accident to theMinister.

Inquiriesinto accidents.

29.(1) The Authority may order such inquiry into any accident which occurs in anyharbour as they may think fit and shall order such inquiry as the Ministerthinks fit into any such accident when so required by the Minister.

(2)The Authority shall submit to the Minister a report on any accident inquiredinto setting out, inter alia, the prob- able cause of such accident and thesteps, if any, which have been taken or they have directed shall be taken witha view to avoiding a repetition thereof.

Authorityto make a return of accidents.

30.The Authority shall make to the Minister a return, in such form and at suchintervals as the Minister may direct, of all accidents occurring in anyharbour, whether or not any such accident is attended with injury to anyperson.

PARTVII

SPECIALPROVISIONS RELATING TO HARBOURS

Harbours.

ThirdSchedule.

31.The harbours in the Third Schedule shall be harbours for the purposes of thisAct.

Compulsorypilotage harbours.

32.(1) The harbours defined by regulations made under this Act as compulsorypilotage harbours, shall be compulsory pilotage harbours, and all ships, otherthan excepted ships, navigating whether by entering, leaving or moving withinthe limits thereof shall be under the pilotage of a pilot.

(2)For the purpose of this section, the following ships shall be excepted ships-

(a)ships belonging to Her Majesty in right of Her Government of Antigua andBarbuda or the United Kingdom;

(b)pleasure yachts or fishing vessels;

(c)ferry boats plying as such exclusively within the limits of a harbour; -

(d)ships of less than two hundred tons net register;

(e)ships trading exclusively between harbours of Antigua and Barbuda;

(f)tugs, dredgers, barges or similar vessels whose ordinary course of navigationdoes not extend beyond the limits of Antigua and Barbuda.

(3)Where any harbour is a compulsory pilotage harbour, the Authority may byregulations prescribe the limits of such harbour for the purposes of compulsorypilotage.

(4)The Authority shall not be responsible for any loss or damage caused throughthe act, neglect, or default of any pilot.

(5)The owner or master of a ship navigating under circumstances in which pilotageis compulsory shall be answerable for any loss or damage caused by the ship orby any fault of the navigation of the ship in the same manner as he would ifpilotage were not compulsory.

Passengers,etc. only at a harbour.

33.NO ship shall embark or disembark any passenger to be embarked or goods at anyplace other than a harbour:

Providedthat with the prior agreement of the Comptroller, the Port Manager mayauthorise the master of any ship to embark or disembark passengers or goods atsuch place other than a harbour as may be agreed by the Comptroller.

Masterto supply information.

34.The master of any ship arriving in a harbour shall produce to an authorisedemployee-

(a)the ship's register and the ship's papers;

(b) alist of the passengers, if any, showing particulars of their sex andoccupation;

(c) alist showing the deaths, if any, which have occurred during the voyage;

(d) alist showing the stowaways, if any, on the ship; and shall also supply suchother information in relation to the ship, passengers and cargo thereof, assuch employee may require.

Harbourrates and charges may be levied.

35.(1) There shall be levied upon every ship enter- inn a harbour such harbourrates and charges as the Minister after consultation with the Authority may byregulations pre- scribe, and different rates and charges may be prescribed fordifferent ships or classes of ships, and any such regulations may provide forthe exemption of any ship, or class of ship, from all or any harbour rates andcharges or for the remission thereof or any part thereof.

(2) Abook specifying all harbour rates and charges shall be available for publicinspection at the office of the Port Manager.

Powerto arrest ship for harbour rates and charges.

36.(1) Where any harbour rates or charges are owing in respect of any ship, anauthorised employee may arrest the ship and the tackle, apparel and furniturethereof, and may detain it until the amount of such rates or charges is paid.

  (2) Where, after such arrest, any suchharbour rates or charges remain unpaid for a period of seven days, theauthorised employee may cause the ship and the tackle, apparel and furniturethereof arrested to be sold, and out of the proceeds of such sale he shallretain the amount necessary to meet the expenses of the detention and salethereof and shall, after paying the amount of any harbour rates or chargeswhich are owing to the Authority, deliver the balance, if any, to the master ofthe ship.

 (3) Where any ship, in respect of whichharbour rates or charges are owing and have not been secured to the satis-faction of an authorised employee, leaves any harbour and enters or is in anyother harbour, then such ship may be dealt with as if the harbour rates orcharges so owing and not secured were harbour rates or charges owing in respectof such other harbour.

Masterrequired to obtain certificate of authorized employee before requesting outwardclearance from the Customs.

37.Before the master of any ship in a harbour shall request outward clearance fromthe proper officer of Customs of such harbour, he shall first obtain from anauthorised employee a certificate stating that-

(a)all harbour rates and charges due in respect of the ship, and all penalties andexpenses to which the the ship and her master are liable under this Act or anyregulations made thereunder have been paid or secured to the satisfaction ofthe authorised employee;

(b) hehas complied with the provisions of this Act and of any regulations madethereunder.

38.Power of authorised employee with respect to wrecks etc.

(1)An authorised employee may-

(a)remove any wreck in, or other obstruction to a harbour or its approaches, orany timber, raft or other etc. thing floating in a harbour, which endangers, orobstructs, or is likely to endanger or obstruct, the free navigation of theharbour or the use of any wharf or dock therein;

(b)in case of urgent necessity take any action in a harbour which in his opinionmay be necessary to prevent any danger to life or shipping;

(c)enter upon any ship or into any building in a harbour if it is necessary forhim to do so in the per- formance of any duty under this Act or any regulationsmade thereunder or if he has reasonable grounds for believing that an offenceagainst this Act or any regulations made thereunder has been, or is about to becommitted therein.

 (2) The owner of any wreck or other thingremoved by any authorised employee under the provisions of paragraph (a) ofsubsection (1) shall, without prejudice to any other action which may be takenagainst him, be liable to pay the reasonable expenses of such removal; and suchwreck or other thing shall be detained by such employee until such expenses andany customs duties and harbour rates or charges payable in respect thereofshall have been paid.

(3)Where any wreck or other thing is removed under the provisions of paragraph (a)of subsection (1) and the expenses of removal have not been paid within sevendays of such removal, the Port Manager may cause such wreck or other thing tobe sold by public auction and shall out of the proceeds of sale retain theamount necessary to meet the expenses of such removal, detention and sale andany customs duties and harbour rates or charges payable in respect thereof andshall deliver the balance, if any, to the person appearing to him to beentitled thereto.

PortManager may retain goods until freight etc. is paid.

39.(1) Where any goods have been landed at a harbour and accepted by the Authorityfor carriage or warehousing or for delivery to a consignee, the Port Managershall retain the goods and refuse delivery thereof to the con- signee or anyother person until-

(a)the payment of any rates, charges and customs duties due in respect of suchgoods, and

(b)the production of a written authorisation for a release of the goods signed orpurporting to be signed by or on behalf of the ship owner.

(2)Where the Port Manager causes to be delivered any goods to a person producingsuch authorisation as referred to in paragraph (b) of subsection (1), theAuthority shall be freed from all liability to any person in respect of thegoods.

(3)An authorised employee shall be entitled to levy such charges as may bedetermined under this Act or any regula- tions made thereunder in respect ofthe custody of any goods delivered to him in acordance with this section, andhe may do all such reasonable acts and incur such reasonable expenses as are necessaryfor the proper custody and preservation of the goods, and the Authority shallhave a lien on the goods for such charges and any other expenses so incurred.

(4)Nothing in this section shall be construed as requiring any person to take intothe custody of the Authority any goods which would not otherwise be receivableunder the provisions of this Act or any regulations made thereunder.

Liabilityfor demurrage.

40.The Authority shall not be liable for any demurrage which may occur or be dueon any ship, however such demurrage may have been caused.

Masterresponsible for contravention of Act.

41.The master of a ship shall be responsible for the compliance in respect of suchship with the provisions of this Act and any regulations made thereunder and, inthe event of a contravention thereof, he may be proceeded against and heldresponsible for the contravention.

Deliveryto masters of Act.

42.The Port Manager shall, on the demand of the master of any ship arriving at anyharbour, cause to be delivered to such master on loan for the duration of thevisit of such ship a copy of this Act and of any harbour regulations andquarantine regulations.

PARTVIII

OFFENCES

Damagingproperty in a manner likely to endanger life.

43.Any person who unlawfully damages or in any way interferes with any lighthouse,buoy, mark, beacon or other property of the Authority in such manner as toendanger , or as might endanger the life of any person, shall be guilty of anoffence and liable on conviction therefor on indictment to imprisonment for aterm not exceeding ten years. False returns.

44.Any person who makes, either knowingly or recklessly, any statement which isfalse in any material particular in any return, claim or other document, whichis required or authorised to be made under this Act or any regulations madethereunder, shall be guilty of an offence and liable on conviction therefor onindictment to a fine not ' exceeding eight thousand dollars or to imprisonmentfor a term not exceeding two years, or to both such fine and imprisonment.

Personendangering safety of operations.

45.Any person who while on duty or lawfully safety of employed on any premises ofthe Authority, or on any ship operations. or vehicle used by or for thepurposes of the Authority, endangers the safety of any other person-

(a)by contravening any of the provisions of this Act, or any regulations madethereunder; or

(b)by contravening any lawful order, direction or rule given to such person, ormade in respect of his service; or

(c) bybeing under the influence of alcohol; or

(d)by any rash or negligent act, shall be guilty of an offence and be liable onsummary conviction to a fine not exceeding three thousand dollars or toimprisonment for a term not exceeding six months or to both such fine andimprisonment.

Persondemanding improper amount.

46.Any person who, with intent to defraud, demands or receives from any otherperson delivering goods for carriage or warehousing by means of the Authorityor from any other person making use of the facilities provided by means of theAuthority, any greater or less amount than he should demand or receive shall beguilty of an offence and liable on summary conviction to a fine not exceedingfifteen hundred dollars or to imprisonment for a term not exceeding threemonths or to both such fine and imprisonment.

Miscellaneoussummary offences.

47.Any person who-

(a)being a trespasser on any premises of the Authority, or upon any ship orvehicle used by or for the purposes of the Authority, refuses to leave suchpremises, ship or vehicle after being requested to do so by an authorisedemployee or a member of the Police Force;

(b)being on any premises of the Authority, or upon any ship or vehicle used by orfor the purposes of the Authority -

 (i) refuses when called upon by an authorisedemployee or a member of the Police Force to give his name and address, or givesa false name or address, for the purpose of avoiding prosecution; or

(ii)is in a state of intoxication or behaves in a violent or offensive manner tothe annoyance of any other person; or

(iii)discharges any firearm or does anything which may cause injury to any person onsuch premises or upon such ship or vehicle; or

(iv)commits any nuisance or act of indecency, or uses profane, obscene, indecent orabusive language; or  

(v)without lawful excuse, contravenes any lawful direction given by any authorisedemployee or member of the Police Force; or

(vi)save with the express permission of the Port Manager, hawks, sells or exposesfor sale any article or touts, applies for or solicits custom of anydescription; or

(vii)smokes in any part of such premises, ship or vehicle bearing a notice thatsmoking is not permitted in that part;

(c)writes, draws, or affixes any profane, obscene, indecent or abusive word,matter, representation or character upon any premises of the Authority or uponany ship or vehicle used by or for the purposes of the Authority;

(d)defaces the writings on any board or any notice authorised to be maintainedupon any premises of the Authority or upon any ship or vehicle used by or forthe purpose of the Authority;

(e)damages or without lawful excuse interferes with any property of the Authority;

(f)without lawful excuse, does any act which obstructs, or is likely to obstructthe free navigation of any harbour or the use of any wharf or dock therein;

 (g) being a driver or conductor of anyvehicle, disobeys while upon premises of the Authority, any reasonabledirections given by any authorised employee or member of the Police Force;

(h)fails to deliver at the earliest possible opportunity to any authorisedemployee any property, which there is reason to believe has been lost orforgotten, found on any premises of the Authority, or on any ship or vehicle usedby or for the purposes of the Authority;

(i)wilfully obstructs or impedes any other person in the discharge of his dutiesarising out of his employment in or for the purposes of the Authority;

(j)givesor offers to any other person money or money's worth for the purpose ofavoiding payment of any sum due to the Authority; or

(k)unlawfully removes any property of the Authority.

shallbe guilty of an offence and liable on summary conviction to a fine notexceeding seven hundred and fifty dollars or to imprisonment for a term notexceeding three months, or to both such fine and imprisonment.

Navigatingwithout pilot in compulsory pilotage harbour.

48.If any ship is navigated in circumstances in which is compulsory and such shipis not under the pilotage pilotage of a pilot, the master thereof shall beguilty of an offence and liable on summary conviction to a fine not exceedingthree thousand dollars or to imprisonment for a term not exceeding six months.

Offencesby masters.

49.Any master who contravenes any of the provisions of section 33 or section 34 orproduces any document or gives any information which is false in any materialparticular, shall be guilty of an offence and liable on summary conviction to afine not exceeding fifteen hundred dollars or to imprisonment for a term notexceeding three months.

Powerof arrest or removal.

50.(1) Any person who commits any offence mentioned in section 43, section 45 orsection 47 may be arrested without warrant by any authorised employee or memberof the Police Force.

(2)Any person who commits any offence against this Act or any regulations madethereunder other than an offence mentioned in subsection (I), may be arrestedwithout warrant by any member of the Police Force if-

(a)there is reason to believe that such person will abscond; or

(b)he refuses on demand to give his name and address; or

(c)there is reason to believe that the name and address given by him is incorrect:Provided that, save where there is reason to believe that such person willabscond, he shall, if his true name and address are ascertained, be released onhis executing a bond without sureties for his appearance before a Magistratewhen required.

(3)Any person who commits any of the offences set out in section 47 may be requiredby an authorised employee or a member of the Police Force to leave thepremises, ship or vehicle, as the case may be, in which such person is at thetime of the commission of the offence; and if such per- son fails to complywith such requirement he may be removed therefrom with such force as may bereasonably necessary in the circumstances.

Placeof trial.

51.Any person charged with any offence against this Act, other than the offencesmentioned in section 43, section 44 and section 47 may be proceeded against,tried and punished in the magisterial district in which he may be in custodyfor that offence as if the offence had been committed in such district; and theoffence shall for all purposes incidental to, or consequent upon, theprosecution, trial or punishment thereof, be deemed to have been committed inthat magisterial district:

Providedthat nothing herein contained shall preclude the prosecution, trial andpunishment of such person in any magisterial district in which, but for theprovisions of this section, such person might have been prosecuted tried andpunished.

Authorisedemployees to have powers of Police.

52.Any authorised employee who has been given authority under the provisions ofthis Act or any regulations made thereunder to maintain order upon any premisesof the Authority, or in any harbour, ship or vehicle used by or for thepurposes of the Authority, shall, in the perform- ance of such duty, have allthe powers, rights, privileges, and protection of a member of the Police Force.

PARTIX

REGULATIONS.

Regulations.

53.(1) The Authority with the approval of the Minister may make regulations forthe fixing of rates and other charges for or in connection with the carriage,or warehousing of goods by means of the Authority, or any other service orfacility performed or provided by means of the Authority and for the fixing ofships' dues, wharfage charges, harbour rates, fees, dues and charges, and forthe payment, exemption from payment, refund or remission thereof; and such regulationsmay fix different rates or dues, or rates or charges, or fees for differentclasses of goods, or for different ships or classes of ships or in relation todifferent circumstances or conditions.

(2)In the making of regulations in respect of the matters specified in subsection(I), the Authority shall ensure that the rates and other charges fixed therebyare adequate to provide sufficient revenue-

(a)to cover operating expenses, including taxes, if any, and to provide adequatemaintenance and depreciation, and interest payments on borrowings;

(b)to meet periodic repayments on long-term indebtedness to the extent that anysuch repayments exceed the provisions for depreciation;

(c)to create reserves to finance a reasonable part of the cost of futureexpansion.

(3)The Authority after consultation with the Minister may make regulationsgenerally with respect to the services performed, the lighthouses, and otherfacilities provided by means of the Authority and generally for the maintenanceof order on any premises of the Authority, or in any harbour, ship or vehicleused by or for the purposes of the Authority and, without prejudice to thegenerality of the foregoing, may-

(a)make regulations with respect to-

(i)the collection, receipt, conditions of carriage or warehousing and delivery ofgoods or any class of goods to or by means of the Authority and the disposal ofperishable or unclaimed goods;

(ii)the prohibition of smoking in any portion of any such premises, ship orvehicle;

(iii)the proper control and management of foreshores, harbours and entrancesthereof, the prevention and removal of obstructions therein, and the regulationof any work, service or facility performed or provided thereat;

(iv)the control of all persons and vehicles on any such premises, the maintenanceof order thereon and the admission or exclusion of persons therefrom, and thecharges, if any, to be made for such admission;

(v)the protection of ships and cargoes and the removal, destruction, sale orabandonment of stranded ships and their cargoes and appurtenances whichobstruct or are likely to obstruct the fairway of any harbour, the payment ofexpenses in connection therewith, and the levy and recovery of a rent for theright of hulk or wreck or wreckage to lie in any harbour;

(vi)the examination, registration and licensing of pilots, the charges to be madefor pilotage and their duties and obligations, and to limitation of theirliability for negligent navigations;

(vii)the licensing of ferrymen, boatmen, porters, landing agents, stevedores,forwarding agents, shipping agents, baggage and parcel agents, and contractsfor the supply of water or ballast, or other person concerned in harbour work, andthe regulation of charges levied by them and their duties the hours of theirattendance at work.

(viii)the defining of dangerous or offensive goods and the conditions under whichthey may be carried or warehoused;

(ix)the sale of any article on any premises occupied for the purposes of theAuthority;

(x) anymatter required by this Act to be prescribed;

(b)subject to the provisions of any law relating to merchant shipping, makeregulations with respect to-

(i)the taking of measures for the prevention of ships from leaving any harbour ifoverloaded, improperly loaded, improperly found, insufficiently manned orwithout qualified officers or engineers or with a number of passengers inexcess of the number that can be carried with reasonable safety, or ifotherwise unseaworthy;

(ii)the examination and certification of masters, mates and engineers, of tugs,dredgers, and light craft, and the charges and licence fees payable in respectthereof;

(iii)the registration, licensing, inspection and control of ferries, tugs, launches,hulks, fishing or ferry boats, or other craft, the charges to be paid thereforand the number of passengers to be carried therein.

(4)Regulations made under this section may provide that any breach orcontravention of any regulation shall be punishable on summary conviction bythe imposition of such fine not exceeding one hundred thousand dollars or ofsuch term of imprisonment not exceeding six months or of both such fine andimprisonment.

(5)Regulations mad; under this Act shall be subject to negative resolution of theHouse of Representatives.

FIRSTSCHEDULE

Appointmentof commissioners.

1.The Authority shall consist of seven persons to be designated Commissioners,appointed by the Governor-General from amongst persons appearing to him to bequalified by reason of having had experience of and shown capacity in mattersrelating to trade, law, finance, science, administration or labour relations.

Temporaryappointments.

2.The Governor-General may appoint any person appearing to him to have thequalifications necessary for appointment under the provisions of paragraph 1,to act temporarily in the place of any Commissioner in the case of the absenceor inability to act of such Commissioner. -.

Chairman.

3.(1) The Governor-General shall appoint one of the Com- missioners to be theChairman of the Authority.

(2)The Chairman shall keep the Minister fully informed concerning the activitiesand business of the Authority; and shall furnish the Minister with suchinformation as the Minister, acting in his discretion, may request with respectto any particular matter relating to the activities and business of theAuthority.

(3)The Authority may by instrument in writing direct that subject to suchconditions as may be specified in that instrument, such of the functions of theAuthority as may be so specified shall (without prejudice to the performance ofthose functions by the Authority) be performed by the Chairman.

(4)The Governor-General shall appoint one of the Commissioners to be the DeputyChairman of the Authority.

(5)In the case of the absence or inability to act of the Chair- man the DeputyChairman shall perform the functions of the Chairman.

(6)In the case of the absence or inability to act of the Chair- man and the DeputyChairman the Governor-General may appoint one of the remaining Commissioners toperform the functions of the Chairman.

(7)In the case of the absence or inability to act at any meeting of both theChairman and the Deputy Chairman the remaining . Commissioners shall elect oneof their number to act as Chair- man at that meeting.

Tenureof office.

4.(1) A Commissioner shall, subject to the provisions of this Schedule, holdoffice for such period being not less than two nor more than five years as maybe specified in the instrument appointing him, and shall be eligible forre-appointment.

(2)The Governor-General may at any time revoke the appointment of any Commissionerif he thinks it expedient so to do.

Resignation.

5.(1) Any Commissioner, other than the Chairman, may at any time resign his officeby instrument in writing addressed to the Governor-General and transmittedthrough the Chairman, and from the date of the receipt by the Governor-Generalof such instrument such Commissioner shall cease to be a Commissioner of theAuthority.

(2)The Chairman may at any time resign his office by instrument in writingaddressed to the Governor-General and such resignation shall take effect asfrom the date of the receipt of such instrument by the Governor-General.

Publicationof membership.

6.The names of all Commissioners as first constituted and every change in themembership thereof shall be published in the Gazette.

Oathof Commissioner.

7.Each Commissioner shall make and subscribe an oath before the Governor-Generalthat he will faithfully and to the best of his ability, discharge the trust andperform the duties devolving upon him as such Commissioner.

Authenticationof seal and document.

8.(1) The seal of the Authority shall be authenticated by the signatures of theChairman or one of the Commissioners authorised to act in that behalf.

(2)All documents other than those required by law to be under seal, made by, andall decisions of the Authority may be signified under the hand of the Chairman.or any member authorised to act in that behalf.

Procedureand meetings.

9.(1) The Authority shall meet at such times as may be necessary or expedient forthe transaction of business, and such meetings shall be held at such places andtimes and on such days as the Authority shall determine.

(2)The Chairman may at any time call a special meeting of the Authority and shallcall a special meeting to be held within seven days of a written request forthat purpose addressed to him by any two Commissioners.

 (3) The Chairman or, in the case of theabsence or inability to act of the Chairman, the Deputy Chairman or theCommissioner elected to act as Chairman in accordance with the provisions ofsub-paragraph (6) of paragraph 3 shall preside at the meetings of theAuthority, and when so presiding the Chairman, Deputy Chairman or theCommissioner elected as aforesaid to act as Chairman, as the case may be, shallhave a casting vote only.

(4)The quorum of the Authority shall be three including the Chairman or the DeputyChairman or the Commissioner elected to act as the Chairman as aforesaid.

(5)The decisions of the Authority shall be by majority vote.

(6)Minutes in proper form for each meeting shall be kept and shall be confirmed bythe Chairman or deputy Chairman, as the case may be, as soon as practicablethereafter at a sub- sequent meeting. Certified copies of such minutes when soconfirmed shall be forwarded to the Minister.

(7)The Authority may co-opt any one or more persons to attend any particularmeeting of the Authority for the purpose of assisting or advising theAuthority, but no such co-opted person shall have any right to vote.

(8)Subject to the provisions of this Schedule the Authority may regulate its ownproceedings.

(9)The validity of any proceeding of the Authority shall not be affected on theground-

(a)of the existence of any vacancy in the membership, or of any defect in theconstitution of the Authority; or

(b)of the contravention by a Commissioner of the pro- visions of paragraph 14; or

(c)of any omission, defect or irregularity not affecting the merits of the case.

Powerof Authority to appoint committees.

10.(1) The Authority may appoint a committee of the Authority to examine andreport to it on any matter whatsoever arising out of or connected with any ofits powers and duties under this Act.

(2)Any such committee shall consist of at least one member of the Authoritytogether with such other person, whether members \ of the Authority or not,whose assistance or advice the Authority may desire.

 (3) Where persons, not being members of theAuthority, are members of a committee appointed under this paragraph, or whereany person is co-opted under the provisions of sub-paragraph (7) of paragraph 9the Authority may with the approval of the Minister by resolution declare theremuneration and allowances of such persons, and such sums shall be payable outof the funds and resources of the Authority.

(4)The Authority may by resolution reject the report of any such committee oradopt it either wholly or with such modifications, additions or adaptations asthe Authority may think fit.

Remunerationof Commissioners.

11.There shall be paid to the Chairman and other Commissioners such remunerationif any (whether by way of salaries or travelling or other allowances) as theGovernor-General may determine.

Fundsof the Authority.

12.The funds of the Authority shall consist of such moneys as may from time totime be placed at its disposition for the purposes of this Act by Parliamentand such other moneys as may lawfully be paid to or raised or borrowed by theAuthority.

Protectionof Commissioners.

13.(1) No action, suit, prosecution or other proceedings shall be brought orinstituted personally against any member of the Authority in respect of any actdone bona fide in pursuance or execution or intended execution of this Act.

(2)Where any member of the Authority is exempt from liability by reason only ofthe provisions of this paragraph the Authority shall be liable to the extentthat it would be if the said member was a servant or agent of the Authority.

Declarationof interest of commissioners.

14.(1) It is the duty of a Commissioner who is in any way directly or indirectlyinterested in any contract or proposed contract with the Authority to declarethe nature of his interest at the first meeting of the Authority at which it ispracticable for him to do so.

(2) ACommissioner shall not vote in respect of any contract or proposed contractwith the Authority in which he is in any way interested, whether directly orindirectly.

Officeof member of Authority not public office for the purposes of Chapter VII of theConstitution.

15.The office of Commissioner shall not be a public office for the purposes ofChapter VII of the Constitution.

 

SECONDSCHEDULE

Appointmentof employees and establishment and maintenance of superannuation schemes.

1.(1) Subject to the provision of this Act, the Authority may appoint and employat such remuneration and on such terms and conditions as it thinks fit a PortManager, an accountant and such other employees as may be necessary and properfor the due and efficient administration, management and performance by theAuthority of its functions under this Act.

(2)The Authority may, with the approval of and subject to such terms andconditions as may be imposed by the Governor- General, provide for theestablishment and maintenance of a Pension Scheme or a Provident Fund Schemefor the benefit of employees of the Authority, and in every such schemedifferent provisions may be made for different classes of employees.

Paymentby Authority to Government in respect of emoluments and pensions, etc.

2.(1) The emoluments of any public officer who is in the Service of the Authorityshall, at the end of every month after the commencement of this Act, be paidinto the Consolidated Fund by the Authority for the benefit of such publicofficers.

(2)The sums payable as contributions by Government under the Social Security Actin respect of such public officers shall at Cap. 408. the end of every monthafter the commencement of this Act be paid into the Consolidated Fund by theAuthority and such sums shall be paid by Government into the Social SecurityFund established under the Social Security Act.

(3)The Authority shall, within three months after the end of each financial year, payto the Government in respect of such public officers as a contribution to thepension and other rights of such public officers under the Pensions Act suchsum or sums of money as would have been due by Government in respect of theaccruing pension and other rights of such public officers under the PensionsAct had such public officers not been in the service Cap. 311. of theAuthority.

(4)In the event of the winding up or dissolution of the Authority any sums ofmoney due under subparagraph (1), (2) or (3) shall rank as preferred debts.

 

THIRDSCHEDULE

HARBOURS

1.The Port of St. John's which includes-

(a)St. John's Harbour

(b)James Bay

(c)Runaway Bay

(d)Dickenson Bay

(e)The landing places at

(i)St. John's

(ii)Fort James

(iii)Runaway Bay

(iv)The Sea Island Dock

(v)The Deep Water Harbour.

2.Parham Sound which includes High Point.

3.Parham Harbour which includes-

(a)Parham Town

(b)Crabbs Peninsula

4.Falmouth Harbour and English Harbour including Nelson's Dockyard.

5.The River at Barbuda.

6. The remainder ofthe waters encircling Antigua and Barbuda.
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