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28/06/2022
Laws of Bangladesh

The Chittagong Port Authority Ordinance, 1976

( Ordinance NO. LII OF 1976 )

Chapter VII

MISCELLANEOUS

Repeal and savings
53. (1) Upon the establishment of the Authority-
 
 
 
 
(a) the Chittagong Port Act, 1914 (Ben. Act V of 1914), shall stand repealed;
 
 
 
 
(b) all rules, regulations, bye-laws or orders made, notifications issued, acts done and actions and proceedings taken under the said Act, and force immediately before the establishment of the Authority, shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force until altered, repealed or amended under the said provisions;
 
 
 
 
(c) all assets, rights, powers, authorities and privileges, and all properties, movable and immovable, including lands, buildings, works, work-shops, machinery, leases, leaseholds, licences, cash and bank balances, funds, investments, and all other rights and interests in, or arising out of, such property of the Board of Trustees of the Port of Chittagong (hereinafter referred to as the Board of Trustees) or vested in or held in trust by the Board of Trustees subsisting immediately before the establishment of the Authority shall stand transferred to, and vest in, the Authority;
 
 
 
 
(d) all debts, obligations, and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Board of Trustees before the establishment of the Authority shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authority;
 
 
 
 
(e) all tolls, dues, rates, charges, fees and other sums of money due to the Board of Trustees immediately before the establishment of the Authority shall be deemed to be due to the Authority;
 
 
 
 
(f) all tolls, dues, rates, charges and fees levied by the Board of Trustees shall, until they are varied by the Authority, continue to be levied at the same rate at which they were levied by it immediately before the establishment of the Authority;
 
 
 
 
(g) every officer or other employee of the Board of Trustees shall stand transferred to and become an officer or employee of the Authority and shall hold office or service in the Authority on the same terms and conditions as were enjoyed by them immediately before such transfer and shall continue to do so until these terms and conditions are altered under this Ordinance:
 
 
 
 
Provided that no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer;
 
 
 
 
(h) all suits and other legal proceedings instituted by or against the Board of Trustees before the establishment of the Authority shall be deemed to be suits and proceedings by or against the Authority and shall be proceeded or otherwise dealt with accordingly.
 
 
 
 
(2) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matters specified in sub-section (1), make such orders as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance.

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Ministry of Law, Justice and Parliamentary Affairs