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HARBOURS ACT, 1946
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PART IX. Contracts and Tenders. | |
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Contracts. |
142. —(1) A harbour authority may enter into any contract which they think proper in connection with any of the following matters: |
[GA] | (a) the administration of their harbour, | |
[GA] | (b) the carrying out of any harbour works order, | |
[GA] | (c) the dredging of any harbour and the approaches thereto, | |
[GA] | (d) the discharge of any of the functions given to the harbour authority by or under this Act. | |
[GA] | (2) The following provisions shall have effect in relation to a contract made by a harbour authority in respect of the carrying out of any constructional or building work whether pursuant to a harbour works order or otherwise or in respect of dredging: | |
[GA] | (a) where the consideration for the contract exceeds fifty pounds, the contract shall be in writing and sealed with the common seal of the harbour authority; | |
[GA] | (b) the contract shall specify— | |
[GA] | (i) the consideration therefor, | |
[GA] | (ii) the time or times within which the contract is to be performed, and | |
[GA] | (iii) a pecuniary penalty to be paid in case the terms of the contract are not duly performed. | |
[GA] | (3) A harbour authority may compound for any sum they think proper, with any person who is a party to a contract made by them, in respect of any penalty incurred either by such harbour authority or such person by reason of the non-performance of the contract or any term thereof, whether the penalty is due under the contract or under any bond or other security. | |
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Regulations as to tenders. |
143. —(1) The Minister may make regulations in relation to a harbour authority with respect to tenders. |
[GA] | (2) Regulations under this section may, in particular, contain all or any of the following provisions:— | |
[GA] | (a) provisions specifying the classes of contracts for which tenders shall be obtained, | |
[GA] | (b) provisions specifying the manner in which tenders shall be sought, | |
[GA] | (c) provisions specifying the conditions subject to which tenders may be accepted, | |
[GA] | (d) provisions specifying that, in respect of contracts the consideration for which does not exceed a specified amount, tenders need not be sought, | |
[GA] | (e) provisions requiring estimates of the cost of carrying out any works to be obtained. |