Powers and Functions of the Council.
Section 5
SEC. 5. Powers and Functions of the Council. — The Philippine Port Authority Council shall have the following powers, functions and duties, among others: To provide comprehensive policy guidance for the effective supervision and regulation of individual Port/Industrial Zone Authorities to be established in the different port districts; To formulate a comprehensive and practicable Ten-Year Philippine Port Development Program and renew and update the same annually in coordination with other1 national agencies of the Government; To promulgate and prescribe a set of rules and regulations, standards, guidelines and procedures governing the establishment of individual Port/Industrial Zone Authorities; To issue specific standards to be met by individual local Port/Industrial Zone Authorities in the conduct of port operations, particularly on harbor conservation, maintenance and navigation and in the collection of port fees and charges; accordingly, these functions shall be exercised with the Bureau of Public Works and the Bureau of Customs and a practicable arrangement for the coordination of said functions shall be worked out with the appropriate agencies; To recommend to the President whenever the national interest demands it, that the State, through an agency the Authority may designate, take over the administration and operation of a specific port district or portion thereof; To approve specific applications of any person, firm or entity to operate, administer and establish an individual Port Industrial Zone Authority in a particular area; To exercise the right of eminent domain by expropriating the surrounding and tributary areas of a harbor or harbors which, in the opinion of the Authority, are vital to the total port district development; To approve the organizational structure, staffing pattern, and budget of the Authority upon the recommendation of the General Manager; To appoint, discipline and remove, and determine the composition of the technical staff of the Authority and other personnel: Provided, That all positions in the Authority which are confidential or highly technical in nature shall not be subject to the Civil Service Law and Rules: Provided, further. That appointments of personnel in the management below the rank of section chief shall be made by the General Manager, in accordance with the approved budget and staffing pattern and shall be noted by the Council: Provided, furthermore, That the Council or General Manager may engage on contractual basis or other arrangements for the temporary services, and fix the compensation of highly qualified professionals, experts, technical advisers or consulting firms; To adopt, alter and use a corporate seal which shall be juridically noticed; approve and make contracts, determine the exact location of its office and prescribe the rules and regulations to govern its proceedings; To recommend to the President, through the National Economic and Development Authority, the grant of necessary incentives to individual Port/Industrial Zone Authorities After 3 July 1974, to exercise over-all supervision over the port facilities of the large foreign petroleum companies in matters pertaining to safety, pollution and conservation in the harbors; To exercise regulatory and supervisory powers over the marine aspect of the administration and operation of port zones such as the Bataan Export Processing Zone, the proposed Jolo free port, Zamboanga, Parang in South Cotabato, and others; To plan and coordinate the establishment of Port/Industrial Zone Authorities in specific areas producing the country's main export products, such as bananas, logs, sugar, coconut products and mineral ores; and To perform such acts as may be deemed proper and necessary to carry out and implement the provisions of this Decree.