PRIME MINISTRY UNDERSECRETARIAT FOR MARITIME AFFAIRS
ACT ON
CONSTRUCTION, EXPANSION, IMPROVEMENT AND EQUIPPING OF PORTS
Act No : 5775
Adopted on : 23/5/1951
Published in the Official Gazette dated: 1/6/1951Numbered: 7823
Code of Publication : Order: 3 Volume: 32 Page: 1442
Article 1 – The Minister of Public Works shall be entitled to appropriate funds up to 12,5 million dollars from the foreign loan to be obtained under the Agreement ratified by the law numbered 5676, and funds up to 76 million liras from the appropriations to be allotted in the budget, and to undertake temporary commitments for future years up to 76 million liras, provided that annual payment amount does not exceed 15,75 million liras, in consideration of any costs, to be paid in Turkish currency in Turkey, incurred for the construction, improvement, expansion and equipping of Salıpazarı and Haydarpaşa ports in Istanbul, Alsancak port in Izmir, and Samsun and Iskenderun ports as stated in Annex – 2 of the Loan Agreement as ratified by the Law No. 5676; for the realization of projects (f) and (g) referred to in the same annex; for the construction and equipping of Mersin Port with the appropriations to be allotted in budgets in addition to the amounts required by works specified in projects; for the elaboration of surveys, estimations, projects and plans for such works; for the supervision of the construction and surveys thereof; for the development of surveys, estimations and projects falling under the scope of this Act; and for the provision of any engineering, expertise, works and services; and the Minister of Finance shall be entitled to issue bonds, provided that they do not exceed 76 million liras with their interests. [1]
Article 2 – Equipment, machinery and materials included in the project (g) of Annex – 2 of the Loan Agreement ratified by the Law No. 5676 shall be delivered to the relevant business establishments on C.I.F. basis. Any costs after that shall be borne by the relevant establishment.
Article 3 – The Minister of Public Works shall be entitled to cause one of the local or foreign expert firms, recognized and not subject to the Law no. 2490 and its annexes and amendments as well as paragraph (h) of Article 83 of the General Accounting Act No. 1050, to perform partially or completely both the works falling under the scope of this Act and all and any works and services to be supplied by the use of the loan provided by the Law no. 5676 for ports, subject to negotiation of prices, without prejudice to the provisions on advance payment (pre-financing) security.
Article 4 –Those lands as well as limestone, sand, gravel and stone quarries required to be occupied permanently or temporarily for the works under this Act which belong to the Treasury, Directorate Generals for State Railways and Maritime Lines and Ports Operations shall enter into the service of and be used by the Ministry of Public Works.
For those belonging to private administrations, municipalities and villages as well as those subject to private proprietorship, which are required to be temporarily used by the Ministry of Public Works, private administrations, municipalities and villages shall not collect any levies. Necessary machinery and tools as well as any building materials shall be exempt from taxes, levies, charges and fees imposed by municipalities or private administrations, insofar as they are beached and loaded by use of the facilities belonging to the worksite.
Objections to the occupations, utilizations and expropriations under special laws or the appraised price shall not suspend the work. However, where the objection is made to the appraised price, if the right holder does not receive the price or the right belongs to more than one person or the right holder is unknown, the price shall be deposited in a national bank with an excess of twenty percent.
Article 6 -The Minister of Public Works shall be entitled to entrust the following works under this Law, without being subject to the terms and conditions laid down in Article 50 of the Law No. 2490:
a) Scanning and backfilling,
b) Taking out submerged ships and taking them away from the port area,
c) Any surveys, estimations, drilling, applications works,
d) Mounting, demounting, maintenance and repair of machinery, tools, equipment and vehicles available at or to be repurchased by the Ministry
Article 7 –Where repairs of State-owned machinery, tools, equipment, fittings and vehicles used in the construction, establishment, equipping and scanning of ports can be made in the workshops and pools of Directorate General for State Railways and Maritime Lines and Ports Operations, such repairs shall be made or caused to be made by the Ministry of Public Works over a price to be agreed between the departments,without being subject to the consent requirement laid down in Article 66 of the Law No. 2490.
Article 8 – Prices of materials and services to be provided from the loan ratified by the Law No. 5676 shall be entered as revenues in the income budgets of the corresponding years; and their collaterals shall be entered as appropriation and expenditure in a special section to be opened at the end of the budgets of the Ministry of Public Works.
Supplementary Article 1 – (20/5/1955 – The 2nd article of the law no. 6596, and converted into and numbered as a supplementary article). The additional construction percentage of 20 % adopted by Article 135 of the General Accounting Law No. 1050 for general construction contracts is increased to 50 %, provided that it remains exclusive for the works to be undertaken under this Act.
Supplementary Article 2 –(10/9/1957 – Provision of Article 1 of the Law No. 7047, and converted into and numbered as a supplementary article.) The power to commitment for future years in the amount of 300 million liras as granted by Article one of the as annexed to the acts no. 5775 and 6192 on construction, expansion, improvement and equipping of ports is increased to 500 million liras and the annual payment amount is increased to 80 million liras.
Supplementary Article 3 –(10/9/1957 – Provision of Article 2 of the Law No. 7047, and converted into and numbered as a supplementary article.)The authority to issue bonds granted under article one of the Act no. 5775 is increased to 200 million liras.
Supplementary Article 4 –(Unnumbered provisional article of the Act No. 5775, and converted into and numbered as a supplementary article.)As regards the works specified in this Act, the Minister of Public Works shall be entitled to apply provisions of this Act also to the contracts made prior to the entry into force of this act.
Article 9 – This Act shall enter into force on the date of its publication.
Article 10 –This Act shall be enforced by the Council of Ministers.
THE LIST INDICATING THE DATE OF ENTRY INTO FORCE OF THE LEGISLATION INTRODUCING ANNEXES AND AMENDMENTS
TO THE ACT NO. 5775
Law Date of Entry
No.Articles entering into force on different dates Into Force
6192 —4/12/1953
6596 —27/5/1955
7047 —13/9/1957
[1] The authority to undertake temporary commitments in future years is increased to 190 million liras by the Law no. 6192 dated 27/11/1953; to 300 million liras by the Law no. 6596 dated 20/5/1955; to 500 million liras by the Law no. 7047 dated 10/9/1957; and the authority to issue bonds is increased from 76 million liras to 200 million liras.