Transport Act, 1944

Protection of ports.

75.—(1) All the terms, conditions and provisions of any enactment or any agreement confirmed by or scheduled to an enactment which, immediately before the establishment date, are in force and binding on the dissolved railway company, by which the forwarding of traffic is affected, or for any other purpose, shall continue in full force and effect, but no such enactment or agreement shall be construed as affecting or extending to any part of the railway of the Company or traffic thereupon which was not immediately before the establishment date subject to or affected by such enactment or agreement.

(2) The Company shall not by rates or fares charged, whether through or local, or by facilities provided by it or otherwise, place any one port in the State at an undue disadvantage as compared with any other port in the State to, from, or through which traffic is or may be carried.

(3) The Company shall, if required by any interested person, use all proper endeavours to provide a reasonable system of through bookings with through rates, fares and facilities by all reasonable routes.

(4) No rebates, commissions, or agency or other allowances shall be given by the Company to traders at or using any port in the State which are not given by the Company in similar circumstances to traders at or using any other port in the State, and the word “traders” shall include any incorporated railway or steamship company.

(5) If any dispute shall at any time arise under the provisions of this section or as to any matter or thing under this section or as to whether the Company is fulfilling its obligations hereunder or taking all reasonable and necessary steps for that purpose, the dispute shall be referred to and determined by the High Court.