In the first p~ace, Port Trusts are bodies of a public representative character who are· entrusted by the legislature with authority to frame a scale of rates and statement of conditions subject to which they shall or may perform certain services: Port Tni:sts •are not commercial organisations which carry on bust<1ess for the!T OWJ_l pmfit. Sections 39(1) and (2) of the Act cast on the Board an obhgat10n, according to its powers, to provide all reasonable facilities, if so required by any owner, for various kinds o.f se:vices menti?ned. in clauses (a), ~b) and (d) of section 39(1), which r.1clude services m regard to landmg of goods between vessels and docks in possession of the Board and receiving, storing or delivering goods brought within the Board's premises. The Board under section 39(3) shall, if required, tlllce charge of the goods for the purpose of performing the service. After the goods are thus taken charge of and a receipt given for them, no liability for a>.iy loss or damage which may occur to the goods atl'aches to any person to whom the receipt has been given or to the master or owner of the ship from which the goods have been landed. The responsibility of the Board for the loss, destruction or deterioration of goods of which it has taken charge is, under section 40 of the Act, that of a bailee IJ',1der sections 151, 152 and 161 of the Contract Act, subject to some modifications. Thns rates which the Board levies are a coo,1Solidated charge for the various services it renders •and the liability which it is compelled by statute to undertake. The Board of Trustees is a representative body consisting of 21 Trustees out of whom eleven are elected. The Collector of Customs, the Municipal Commissioner, the General Managers of Railways, a representative each of the Mercantile Marine Department and the Defence Services of the Central Government, :r.1d two representatives of labour •are the other members of the Board. Out of the eleven elected Trustees, one is elected by the Municipal Corporation and the remaining by provincial or local bodies representing commercial interests. The Board of Trustees is thus a broad-based body representing a cross-section of variety of interests. It is the Board thus constituted that frames the Scale of Rates and Statement of Conditions under which the services shall or may be performed by it. Every scale and every statement of conditions framed by the Board has to be submitted to the Central Government for sanction under section 44 and it is only when it is so s.anctioned that it has the force of law. Tue requirement of sanction by the Central Government is a restraint on unwise, excessive or arbitrary fixation of rates. Section 44( 2) confers on the Board the power, in special cases and for reasons to be record(!) [1888] 13 App, Cas. 446, 452.
