(1) This Act may be called The Indian Ports Act, 1908.
(2) It shall extend, save as otherwise appears from its subject or context,--
(a) to the ports mentioned in the First Schedule, and to such parts of the navigable rivers and channels leading to such ports respectively as have been declared t be subject to Act 22 of 1855 for the regulation of Ports and Port-dues) or to the Indian Ports Act, 1875, or to the Indian Ports Act, 1889;
(b) to the other ports or parts of navigable rivers or channels to which the1[Government], in exercise of the power hereinafter conferred, extends this Act.
(3) But nothing in Section 31 or Section 32 shall apply to any port, river or channel to which the section has not been specially extended by the1[Government].
___________________________
1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
Nothing in this Act shall--
(i) apply to any vessel belonging to, or in the service of1[the Central Government or a State Government]2[***], or to any vessel of war belonging to any Foreign Prince or State, or
(ii) deprive any person of any right of property or other private right, except as hereinafter expressly provided, or
(iii) affect any law or rule relating to the customs or any order or direction lawfully made or given pursuant thereto.
___________________________
1. Substituted for "His Majesty" by A.L.O., 1950 (26-1-1950).
2. The words "or the Government of India" were omitted by A.O., 1937 (1-4-1937).
In this Act, unless there is anything repugnant in the subject or context,--
1(1) "Magistrate" means a person exercising powers under the Code of Criminal Procedure, 1973;
(2) "Master", when used in relation to any vessel2[or any aircraft making use of any port], means subject to the provisions of any other enactment for the time being in force, any person (except a pilot or harbour-master a [of the port]) having for the time being the charge or control of the vessel2[or the aircraft, as the case may be]:
(3) "pilot" means a person for the time being authorized by the3[Government] to pilot vessels:
(4) "port" includes also any part of a river or channel in which this Act is for the time being in force;
(5) "port-officer" is synonymous with master-attendant;
3[(6) "ton" means a ton as determined or determinable by the rules made under Section 74 of the Merchant Shipping Act, 1958, for regulating the measurement of the gross tonnage of ships.]
(7) "vessel" includes anything made for the conveyance5[mainly] by water human beings or of property;
6[(8) "major port" means any port which the Central Government may be notification in the Official Gazette declare, or may under any law for the time being in force have declared, to be a major port;]7[and]
8[(9) "Government" as respects major ports, for all purposes and, as respects other ports, for the purpose of making rules under Clause (p) of Section 6(1) and of the appointment and control of port health-officers under Section 17, means the Central Government, and save as aforesaid, means the State Government].
9[(10) *****]
___________________________
1. Substituted for the Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997.
2. Inserted by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), Section 188 (16-7-1951).
3. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
4. Substituted by Indian Ports (Amendment) Act (23 of 1992), Section 2 (23-1-1994).
5. Inserted by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), section 188 (16-7-1951).
6. Clauses (8) and (9) were added, by A.O., 1937 (1-4-1937).
7. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 2 (23-1-94).
8. Foot-note (a) under Clause (8).
9. Clause (10) defining "State", which was inserted by A.L.O., 1950 was omitted by the Part B States (Laws) Act, 1951 (3 of 1951), Section 3 and Schedule (1-4-1951).
(1)1[***] The2[Government] may, by notification in the Official Gazette,--
(a) extend this Act to any port in which this Act is not in force or to, any part of any navigable river or channel which leads to a port and in which this Act is not in force;
(b) specially extend the provisions of Section 31 or Section 32 to any port to which they have not been so extended;
(c) withdraw this Act or Section 31 or Section 32 from any port or any part thereof in which it is for the time being in force.
(2) A notification under Clause (a) or Clause (b) of Sub-section (1) shall define the limits of the area to which it refers.
(3) Limits defined under Sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without high-water mark, and, subject to any rights of private property therein, any portion of the shore or bank within fifty yard of high water-mark.
(4) "In Sub-section (3) the expression "high-water-mark" means the highest point reached or by ordinary spring tides at any season of the year.
______________________
1. The words "with the previous sanction of the Governor-General in Council" were omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), Section 2.
2. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937),
(1) The1[Government] may,2[***] subject to any rights of private property, alter the limits of any port in which this Act is in force.3[Explanation.--For the removal of doubts, it is hereby declared that the power conferred on the Government by this sub-section includes the power to alter the limits of any port by uniting with that port, any other port or any part of any other port.]
(2) When the1[Government] alters the limits of a port under Sub-section (1), it shall declare or describe, by notification in the4[Official Gazette], and by such other means, if any, as it thinks fit, the precise extent of such limits.
___________________________
1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1978).
2. The words "with the previous sanction of the Governor General in Council and" were omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), Section 2.
3. Inserted by the Port Laws (Amendment) Act (17 of 1978), Section 2 (4-5-1978).
4. Substituted for the words "Gazette of India", by A.O., 19. Section 5A
(1) The 1 [Government] may, in addition to any rules which it may make under any other enactment for the time being in force, make such rules, consistent with this Act, as it thinks necessary for any of the following purposes, namely:--
(a) for regulating the time and hours at and during which, the speed at which, and the manner and conditions in and on which, vessels generally or vessels of any class defined in the rules, may enter, leave or be moved in any port subject to this Act;
(b) for regulating the berths, stations and anchorages to be occupied by vessels in any such port;
(c) for striking the yards and top masts, and for rigging-in the booms and yards, of vessels in any such port, and for swinging or taking-in davits, boats and other things projecting from such vessels;
(d) for the removal or proper hanging or placing of anchors, spars and other things being in or attached to vessels in any such port;
(e) for regulating vessels whilst taking-in or discharging passengers, ballast or cargo, or any particular king of cargo, in any such port and the stations to be occupied by vessels whilst so engaged;
2 [(ee) for regulating the manner in which oil or water mixed with oil shall be discharged in any such port and for the disposal of the same;]
3 [(eee) for regulating the bunkering of vessels with liquid fuel in any such port and the description of barges, pipe lines or tank vehicles to be employed in such bunkering;]
(f) for keeping free passages of such width as may be deemed necessary within any such port, and along or near to the piers, jetties, landing places, wharves, quays, docks, moorings and other works in or adjoining to the same; and for marking out the spaces so to be kept free;
(g) for regulating the anchoring, fastening, mooring and unmooring of vessels in any such port;
(h) for regulating the moving and warping of all vessels within any such port and the use of warps therein;
(i) for regulating the use of the mooring buoys, chains and other moorings in any such port;
(j) for fixing the rates to be paid 4 [In a port other than a major port] for the use of such mooring to the 5 [Government] or of any boat, hawser or other thing belonging to the 5 [Government];
6 [(jj) for regulating the use of piers, jetties, landing places, wharves, quays, warehouses and sheds when belonging to the Government;
(jja) for fixing the rates to be paid for the use of piers, jetties, landing places, wharves, quays, warehouses and sheds of any port, other than a major port, when belonging to the Government;]
7 ["(k) for licensing and regulating catamarans plying for hire, and flats and cargo, passenger and other boats plying, whether for hire or not, and whether regularly or only occasionally, in or partly within and partly without any such port, and for licensing and regulating the crews of any such vessels; and for determining the quantity of cargo or number of passengers or of the crew to be carried by any such vessels and the conditions under which such vessels shall be compelled to ply for hire and further for conditions under which any licence may be revoked;
(kk) for providing for the fees payable in respect of the services specified in Clause (k) for any port, other than a major port;"]
(l) for regulating the use of fires and lights within any such port;
(m) for enforcing and regulating the use of signals or signal-lights by vessels by day or by night in any such port;
(n) for regulating the number of the crew which must be on board any vessel afloat within the limits of any such port;
(o) for regulating the employment of persons engaged in clearing or painting vessels, or in working in the bilges, boilers or double bottoms of vessels in any such port;
8 [(p) 9 [***] for the prevention of danger arising to the public health by the introduction and the spread of any infectious or contagious disease from vessels arriving at, or being in any such port, and for the prevention of the conveyance of infection or contagion by means of any vessel sailing from any such port and in particular and without prejudice to the generality of this provision, for--
(i) the signals to be hoiste and the places of anchorage to be taken up by such vessels having any case, or suspected case of any infectious or contagious disease on board, or arriving at such port from a port in which, or in the neighbourhood of which, there is believed to be, or to have been at the time when the vessel left such port, any infectious or contagious disease;
(ii) the medical inspection of such vessels and of persons on board such vessels;
(iii) the questions to be answered and the information to be supplied by masters, pilots and other persons on board such vessels;
(iv) the detention of such vessels and of persons on board such vessels;
(v) the duties to be performed in cases of any such disease by masters, pilots and other persons on board such vessels;
(vi) the removal to hospital or other place approved by the health officer and the detention therein of any person from any such vessel who is suffering or suspected to be suffering from any such disease;
(vii) the cleansing, ventilation and disinfection of such vessels or any part thereof and of any articles therein likely to retain infection or contagion and, destruction of rats or other vermin in such vessels; and
(viii) the disposal of the dead on such vessels; and]
(q) for securing the protection from heat of the officers and crew of vessels in any such port by requiring the owner or master of any such vessel--
(i) to provide curtains and double awnings for screening from the sun's rays such portions of the deck as are occupied by, or are situated immediately above, the quarters of the officers and crew;
(ii) to erect windsails so far as the existing portholes or apertures in the deck admit of their being used for ventilating the quarters of the officers an crew;
(iii) when the deck is made of iron and not woodsheathed, to cover with wooden planks or other suitable non-conducting material such portions of the deck as are situated immediately above the quarters of the officers and crew;
(iv) when the quarters used by the crew and the galley are separated by an iron bulk-head only, to furnish a temporary screen of some suitable non-conducting material between such quarters and the galley.
10 [*******]
(2) The power to make rules under Sub-section (1) 11 [***] is subject to the condition of the rules being made after previous publication: Provided that nothing in this sub-section shall be construed to affect the validity of any rule in force immediately before the commencement of the Indian Ports Act, 1889, and continued by Section 2, Sub-section (2), of that Act.
12 [(2A) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature.
(2B) Every rule made by the Central Government under this Act shall be laid as House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both the House agree any modification in the order or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
(3) If any person disobeys any rule made under Clause (p) of Sub-section (1), he shall be punishable for every such offence with fine which may extend to one thousand rupees.
(4) If a master fails wholly or in part to do any act prescribed by any rule made under Clause (p) of Sub-section (1), the health-officer shall cause such act to be done, and the reasonable expenses incurred in doing such act shall be recoverable by him from such master.
________________________
1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
2. Inserted by the Indian Ports (Amendment) Act, 1923 (39 of 1923), Section 2.
3. Inserted by the Indian Ports (Amendment) Act, 1925 (9 of 1925), Section 2.
4. Inserted by the Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997.
5. Substituted for the word 'Crown' by A.L.O, 1950.
6. Substituted by the Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. Prior to substitution it reads as under
"(jj) for regulating the use of piers, jetties, landing places, wharves, quays warehouses and sheds when belonging to the Government and for fixing the rates to be paid for the use of the same;]"
7. Substituted by the Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. Prior to substitution it reads as under
"(k) for licensing and regulating catamarans plying for hire, and flats and cargo, passenger and other boats plying whether for hire or not, and whether regularly or only occasionally, in or partly within and partly without any such port, and for licensing and regulating the crews of any such vessels; and for determining the quantity of cargo or number of passengers [or of the crew] to be carried by any such vessels and may by such rules provide for the fees payable in respect of any such license, and in the case of [vessels] plying for hire, for the rates of hire to be charged and conditions under which such vessels shall be compelled to ply for hire, and further for the conditions under which any license may be revoked;"
8. Substituted for the original Clause (p) by the Indian Ports (Amendment) Act, 1911 (4 of 1911), Section 2.
9. The words "subject to the control of the Governor-General in Council" were omitted by A.O., 1937 (1-4-1937).
10. Clause (1-A) which was inserted by the Indian Ports (Amendment) Act, 1922 (15 of 1922), Section 2 and amended by A.O., 1937 and Act 11 of 1931, Section 2, was omitted by the Employment of Children Act, 1938 (26 of 1938), Section 8 (1-12-1938).
11. The words "and Sub-section (1-A)" were omitted by Act 26 of 1938, Section 8.
12. Inserted by the Delegated Legislation Provisions (Amendment) Act, 1983 (20 of 1983), Section 9 (15-3-1984).
(1) The1[Government] shall appoint some officer or body of persons to be conservator of every port subject to this Act.
(2) Subject to any direction by the1[Government] to the contrary.--
(a) in ports where there is a port officer, the port-officer shall be the conservator;
(b) in ports where there is no port-officer, but where there is a harbour-master the harbour-master shall be the conservator.
(3) Where the harbour-master is not conservator, the harbour-master and his assistants shall be subordinate to, and subject to the control of, the conservator.
(4) The conservator shall be subject to the control of the1[Government], or of any intermediate authority which2[the Government] may appoint.
__________________________
1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
2. Substituted for the words "that Government" by A.O., 1937 (1-4-1937).
(1) The conservator of any port subject to this Act may, with respect to any vessel within the port, give directions for carrying into effect any rule for the time being in force therein under Section 6.
(2) If any person willfully and without lawful excuse refuses or neglects to obey and lawful direction of the conservator after notice thereof has been given to him, he shall for every such offence, be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which, after such notice a aforesaid, he is proved to have willfully and without lawful excuse continued to disobey the direction.
(3) In case of such refusal or neglect, the conservator may do, or cause to be done, all acts necessary for the purpose of carrying the direction into execution, and may hire and employ proper persons for that purpose and all reasonable expenses incurred in doing such acts shall be recoverable by him from the person so refusing or neglecting to obey the direction.
The conservator of any such port may, in case of urgent necessity, cut, or cause to be cut, any warp, rope, cable or hawser endangering the safety of any vessel in the port or at or near to the entrance thereof.
(1) The conservator may remove, or cause to be removed, any timber, raft or other thing flating or being in any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing-place, wharf, quary, dock, mooring or other work on any part of the shore or bank which has been declared to be within the limits of the port and is not private property.
(2) The owner of any such timer, raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful excuse caused any such obstruction or impediment or causes any pubic nuisance affecting or likely to affect such free navigation or lawful use, he shall also be punishable with fine which may extend to one hundred rupees.
(3) The conservator or any Magistrate having jurisdiction over the offence may cause any such nuisance to be abated.
If the owner of any such timber, raft or other thing, or the person who has caused any such obstruction, impediment or public nuisance as is mentioned in the last foregoing section, neglects to pay the reasonable expenses incurred in the removal thereof, within one week after demand, or within fourteen days after such removal has been notified in the Official Gazette or in such other manner as the1[Government] by general or special order directs, the conservator may cause such timber, raft or other thing, or the materials of any public nuisance so removed, or so much thereof as may be necessary, to be sold by public auction;
and may retain all the expenses of such removal and sale out of the proceeds of the sale, and shall pay the surplus of such proceeds, or deliver so much of the thing or materials as may remain unsold, to the person entitled to receive the same;
and, if no such person appears, shall cause the same to be kept and deposited in such manner as the1[Government] directs;
and may, if necessary, from time to time, realize the expenses of keeping the same, together with the expenses of sale, by a further sale of so much of the thing or materials as may remain unsold.
__________________________
1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
(1) If any obstruction or impediment to the navigation of any port subject to this Act has been lawfully made or has become lawful by reason of the long continuance of such obstruction or impediment, or otherwise, the conservator shall report the same for the information of the1[Government], and shall, with the sanction of2[the Government], cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration.
(2) Any dispute arising concerning such compensation shall be determined according to the law relating to like disputes in the case of land required for public purposes.
__________________________
1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
2. Substituted for the words "that Government" by A.O., 1937 (1-4-1937).
(1) If any vessel hooks or gets foul of any of the buoys or moorings laid down by or by the authority of the 1 [Government] in any such port, the master of such vessel shall not, nor shall any other person, except in case of emergency, lift the buoy or mooring for the purpose of unhooking or getting clear from the same without the assistance of the conservator:
and the conservator, immediately on receiving notice of such accident, shall assist and superintend the clearing of such vessel;
and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred in clearing the same.
(2) Any master or other person offending against the provisions of this section shall, for every such offence, be punishable with fine which may extend to one hundred rupees.
__________________________
1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
1[(1) If any vessel is wrecked, stranded or sunk in any port in such a manner as to impede or likely to impede any navigation thereof, the conservator shall give notice to the owner of the vessel to raise, remove or destroy the vessel within such period as may be specified in the notice and to furnish such adequate security to the satisfaction of the conservator to ensure that the vessel shall be raised, removed or destroyed within the said period.
Provided that the conservator may extend such period to such further period as he may consider necessary having regard to the circumstances of such case and the extent of its impediment to navigation.
(1A) Where the owner of any vessel to whom a notice has been issued under Sub-section (1) fails to raise, remove or destroy such vessel within the period specified in the notice or the extended period or fails to furnish the security required of him, the conservator may cause the vessel to be raised, removed or destroyed.
(1B) Notwithstanding anything contained in the foregoing sub-section, if the conservator is of the opinion that any vessel which is wrecked, standard or sunk in any port is required to be immediately raised, removed or destroyed for the purpose of uninterrupted navigation in such port, he may, without giving any notice under Sub-section (1), cause the vessel to be raised, removed or destroyed.]
(2) If any property recovered by a conservator acting2[under Sub-section (1A) or Sub-section (1B)] is unclaimed or the person claiming it fails to pay the reasonable expenses incurred by the conservator under that sub-section and a further sum of twenty per cent, of the amount of such expenses, the conservator may sell the property by public auction, if the property is of a perishable nature, forthwith, and, if it is not a perishable nature, at any time not less than3[thirty days] after the recovery thereof.
(3) The expenses and further sum aforesaid shall be payable to the conservator out of the sale-proceeds of the property, and the balance shall be paid to the person entitled to the property recovered, or, of no such person appears and claims the balance, shall be held in deposit for payment, without interest, to any person thereafter establishing his right thereto:
Provided that the person makes his claim within three years from the date of the sale.
1[(4) Where the sale proceeds of the property are not sufficient to meet the expenses and further sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall be liable to pay the deficiency to the conservator on demand, and if the deficiency be not paid within one month of such demand the conservator may recover the deficiency from such owner in the manner laid down in Sub-section (2) of Section 57 for recovery of expenses and damages or in any other manner according a the deficiency does not or does exceed one thousand rupees.]
__________________________
1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992). (55 of 1952).
2. Substituted for "under Sub-section (1)" by Act (23 of 1992), Section 3 (12-8-1992).
3. Substituted for the words "six months" by the Indian Ports (Amendment) Act 1952 (55 of 1952). Section 2 (9-8-1952). Words "two months" as substituted have now been substituted by words "thirty days" by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992).
(1) The Conservation or any of his assistants may, whenever he suspects that any offence against this Act has been or is about to be, committed, or whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act,
and the person appointed under this Act to receive any port-dues, fees or other charges payable in respect of any vessel, may, whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act.
either alone or with any other person, board any vessel, or enter any building or place, within the limits of any port subject to this Act.
(2) If the master of the vessel, or any period in possession or occupation of the building or place, without lawful excuse, refuse to allow any such person as is mentioned is Sub-section (1) to board or enter such vessel, bridling or place in the performance of any duty imposed upon him by this Act, he shall for every such offence be punishable with fine which may extend to two hundred rupees.
(1) For the purpose of preventing or extinguishing fire in any port subject to this Act, the Conservator or port-officer may require the master of any vessel within the port to place at his disposal such number as he requires, not exceeding three-fourths, of the crew then under the orders of such master.
(2) Any master refusing or neglecting to comply with such requisition shall be punishable with fine which may extend to five hundred rupees, and any seaman then under his orders who, after being directed by he master to obey the orders of the Conservator or port-officer for the purpose aforesaid, refuses to obey such orders, shall be punishable with fine which may extend to twenty-five rupees.
(1) The1[Government] may appoint at any port subject to this Act an officer to be called the health-officer.
(2) A health-officer shall, subject to the control of the1[Government], have the following powers, within the limits of the port for which he is appointed, namely:--
(a) with respect to any vessel, the powers conferred on a shipping-master by the2[Indian Merchant Shipping Act], 1859, Section 7];
(b) power to enter on board any vessel and medically examine all or any of the seamen or apprentices on board the vessel;
(c) power to require and enforce the production of the log-book and any other books, papers or documents which he thinks necessary for the purpose of enquiring into the health and medical condition of the persons on board the vessel;
(d) power to call before him and question for any such purpose all or any of those persons and to require true answers to any questions which he thinks fit to ask;
(e) power to require any person so questioned to make and subscribe a declaration of the truth of the statements made by him.
__________________________
1.Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
2.Now the Merchant Shipping Act, 1958 (44 of 1958), Section 176.
The Government shall not be responsible for any act or default of any conservator, post-officer or harbour-master, of any port subject to this Act, or of any deputy or assistant of any of the authorities aforesaid, or of any person acting under the control or direction of any such authority, deputy or assistant, or for any act or default of any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other thinks belonging to the Government which may be used by the vessel]:
Provided that nothing in this section shall protect the1[Government] from a sit in respect of any act done by or under the express order or sanction of the Government.
__________________________
1.Substituted for the words 'the Crown' by A.L.O., 1950.
(1) No person shall, without lawful excuse, lift, injure, loosen or set adrift any buoy, beacon or mooring, fixed or laid down by, or by the authority of, the1[Government] in any port subject to this Act.
(2) If any person offends against the provisions of this section, he shall for every such offence be liable, in addition to the payment of the amount of damage done, to fine which may extend to two thousand rupees, or to imprisonment for a term which may extend to two years.
__________________________
1. Substituted for the words 'Local Government' by A.O., 1937 (1-4-1937).
If any person willfully and without lawful excuse loosens or removes from her moorings any vessel within any such port without leave or authority from the owner or master of the vessel, he shall, for every such offence, be punishable with fine which may extend to two hundred rupees, or with imprisonment for a term which may extend to six months.
(1) No ballast or rubbish and no other thing likely to form a bank or shoal or to be detrimental to navigation, shall, without lawful excuse, be cast or thrown into any such port or into or upon any place on share from which the same is liable to be washed into any such port, either by ordinary or high tides, or by storms or land-floods a [and no oil or water mixed with oil shall be discharged in or into any such port, to which any rules made under Clause (ce) of Sub-section (1) of Section 6 apply, otherwise than in accordance with such rules].
(2) Any person who by himself or another so casts or throws any ballast or rubbish or any such other thing1[or so discharges any oil or water mixed with oil], and the master of any vessel from which the same is so cast,2[thrown or discharge], shall be punishable with fine which may extend to3[five lakh rupees] and shall pay any reasonable expenses which may be incurred in removing the same.
(3) If, after receiving notice from the Conservator of the Port to desist from so casting or throwing any ballast or rubbish or such other thing1[or from so discharging any oil or water mixed with oil, any master continues so to cast4[throw or discharge the same], he shall also be liable to simple imprisonment for a term which may extend to5[one year and to fine which may extend to five lakh rupees].
(4) Nothing in this section applies to any case in which the ballast or rubbish or such other thing is cast or thrown into,1[or the oil or water mixed with oil is discharged in or into], any such port with the consent in writing of the Conservator, or within any limits within which such act may be authorized by the6[Government].
__________________________
1. Inserted by the Indian Ports (Amendment) Act, 1923 (39 of 1923), Section 3.
2. Substituted for the words 'or thrown' by the Indian Ports (Amendment) Act, 1923 (39 of 1923), Section 3.
3 . Substituted for the words "five hundred rupees" by Indian Ports (Amendment) Act (23 of 1992), Section 4 (12-8-1992).
4. Substituted for the words 'or throw it' by the Indian Ports (Amendment) Act, 1923 (39 of 1923), Section 3.
5. Substituted for the words "two months" by Indian Ports (Amendment) Act (23 of 1992), Section 4 (12-8-1992).
6. Substituted for the words 'Local Government' by A.O., 1937 (1-4-1937).
If any person graves, breams or smokes any vessel in any such port, contrary to the directions of the Conservator, or at any time or within any limits at or within which such act is prohibited by the1[Government], he and the master of the vessel shall for every such offence be punishable with fine which may extend to five hundred rupees each.
__________________________
1. Substituted for the words 'Local Government' by A.O., 1937 (1-4-1937).
If any person boils or heats any pitch, tar, resin, dammer, turpentine, oil or other such combustible matter on board any vessel within such port, or at any place within its limits where such act is prohibited by the1[Government], or contrary to the directions of the Conservator, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each.
__________________________
1. Substituted for the words 'Local Government' by A.O., 1937 (1-4-1937).
If any person, by an unprotected artificial light, draws off spirits on board any vessel within any port subject to this Act, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each.
(1) Every master of a vessel in any port subject to this Act shall, when required so to do by the conservator, permit warps or hawsers to be made fast to the vessel for the purpose of warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until required so to do.
(2) A master offending against Sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred rupees.
(1) A master of a vessel shall not cause or suffer any warp or howser attached to his vessel to be left out in any port subject to this Act after sunset in such a manner as to endanger the safety of any other vessel navigating in the port.
(2) A master offending against Sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred rupees.
If any person, without lawful excuse, discharges any firearms in any port subject to this Act, or on or from any pier landing place, wharf of quay thereof, except a gun loaded only with gun-powder for the purpose of making a signal of distress, or for such other purpose as may be allowed by the1[Government], he shall for every such offence be punishable with fine which may extend to fifty rupees.
__________________________
1. Substituted for the words 'Local Government' by A.O., 1937 (1-4-1937).
If the master of any vessel in which fire takes place while lying in any such port willfully omits to take order to extinguish the fire or obstructs the conservator or the port-officer, or any person acting under the authority of the conservator or port officer, in extinguishing or attempting to extinguish the (SIC) he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(1) No person, without the permission of the conservator shall, in any port subject to this Act, creep or sweep for anchors, cables or other stores lost or supposed to be lost therein,
(2) If any person offends against the provisions of Sub-section (1), he shall be punishable with fine which may extend to one hundred rupees.
(1) No person without the permission of the conservator shall in any port subject to this Act remove or carry away any rock, stones, shingle, gravel, sand or soil or any artificial protection from any part of the bank or shore of the port;
and no person shall sink or bury in any part of such bank or shore, whether the same is public or private property, any mooring-post, anchor or any other thing or do any other thing which is likely to injure or to be used so as to injure suck bank or shore, except with the permission of the conservator, and with the aid or under the inspection of such person, if any, as the conservator may appoint to take part in or overlook the performance of such work.
(2) If any person offends against Sub-section (1), he shall for every such offence be punishable with fine which may extend to one hundred rupees and shall pay any reasonable expenses which may be incurred in repairing any injury done by him to the bank or shore.
(1) No vessels of the measurement of two hundred tons or upwards shall enter, leave or be moved in any port to which this section has been specially extended without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board;
1[and no mechanically propelled vessel of any measurement less than two hundred tons and no other vessel of any measurement less than two hundred tons and exceeding one hundred tons] shall enter, leave or be moved in any such port without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board, unless authority in writing so to do has been obtained from the conservator or some officer empowered by him to give such authority:
2[Provided that the3[Government] may, by notification in the4[Official Gazette], direct that in any port specified in such notification the provisions of this sub-section shall not apply to sailing vessels of any measurement not exceeding a measurement so specified.]
5[(2) Notwithstanding anything in sub-section (1), the owner or master of a vessel which is by that sub-section required to have a pilot, harbour master or assistant of the post-officer or harbour-master on board, shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel, in the same manner as he would have been if he had not been so required by that sub-section:
Provided that the provisions of this sub-section shall not take effect till the first day of January. 1918, or such earlier date as the4[Central Government] may notify in that behalf in the4[Official Gazette].]
6[(3)] If any vessel, except in case of urgent necessity, enters, leaves or is moved in the port contrary to the provisions of sub-section (1), the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees, unless upon application to the proper officer the master was unable to procure a pilot, harbour-master or assistant of the port-officer of harbour-master to go on board the vessel.
7[* * * * *]
__________________________
1. Substituted for "and no vessel of any measurement less than two hundred tons and exceeding one hundred tons" by the Indian Ports (Amendment) Act, 1952 (55 of 1952), S. 3 (9-8-1952).
2. Inserted by the Indian Ports (Amendment) Act, 1925 (36 of 1925), S.2.
3. Substituted for the words 'Governor-General in Council' by A.O., 1937 (1-4-1937).
4. Substituted for the words 'Gazette of India' and Governor-General in Council' by A.O., 1937.
5. Inserted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), section 5(i).
6. The original sub-section (2), (3) and (4) were renumbered as sub-section (3), (4) and (5) respectively, ibid, section 5(ii).
7. Sub-sections (4) and (5) as renumbered by Act 6 of 1916, were omitted by Act 36 of 1925, section 2.
(1) Every vessel exceeding the measurement of two hundred tons and lying in any port to which this section has been specially extended shall be provided with a proper force pump and hose and appurtenances, for the purpose of extinguishing any fire which may occur on board.
(2) The master of such vessel who, having been required by the conservator to comply with the provisions of sub-section (1), neglects or refuses, without lawful excuse, so to do for the space of seven days after such requisition, shall be punishable with fine which may extend to five hundred rupees.
(1)1[Subject to the provisions of sub-section (2)], in each of the ports mentioned in the First Schedule2[other than major port], such port-dues, not exceeding the amount specified for the port in the third column of the schedule as the3[Government] directs, shall be levied on vessels entering the port and described in the second column of the Schedule, but not oftener than the time fixed for the port in the fourth column of the Schedule.
4[(2) The3[Government] may, by notification in the3[Official Gazette], after or add to any entry in the First Schedule relating to ports5[in6[any State] or as the case may be, in the State], and this power shall include the power to regroup any such ports.
7[* * * * *]]
8[(3)] Whenever the3[Government]9[* * *] declares any other port2[other than a major port] to be subject to this Act, it may10[* * *], by the same or any subsequent declaration, further declare,--
(a) in the terms of any of the entries in the second column of the First Schedule, the vessels which are to be chargeable with port-dues on entering the port,
(b) the highest rates at which such dues may be levied in respect of vessels chargeable therewith and
(c) the times at which such vessels are to be so chargeable.
11[* * * * *]
10[(4)] All port-dues now leviable in any port shall continue to be so leviable until it is otherwise declared in exercise of the powers conferred by this section.
10[(5)] An order increasing or imposing port-dues under this section shall not take effect till the expiration of12[thirty days] from the day on which the order was published in the3[Official Gazette].
___________________________
1. Inserted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(i).
2. Inserted by the Port Laws (Am endment ) Act, 1997 w.e.f. 09-01-1997.
3. Substituted for the words 'Local Government' and for the words 'Gazette of India', by A.O., 1937 (1-4-1937).
4. Inserted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(ii).
5. The words 'within its own province' were successively substituted to read as above by A.O., 1937 (1-4-1937) and A.L.O., 1950 (26-1-1950).
6. Substituted for the words 'any Province' by A.L.O., 1950 (26-1-1950).
7. The Proviso was omitted by A.O., 1937 (1-4-1937).
8. The original sub-section (2), (3) and (4) were renumbered as sub-sections (3), (4) and (5), respectively by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(iv).
9. The words 'with the previous sanction of the Governor-General in Council' were omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(iv) S. 6(iii).
10. The words 'with like sanction' were omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(iv).
11. The Proviso, inserted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), was omitted by A.O., 1937 (1-4-1937).
12. Substituted for the words "sixty days" by Indian Ports (Amendment) Act (23 of 1992), S. 5 (12-8-1992).
"34.1[Variation of port-dues by Government
The Government may after consulting,--
(a) in case of ports other than major ports, the authority appointed under section 36;
(b) in case of major ports, the Authority constituted under section 47A of the Major Port Trusts Act, 1963, 38 of 1963.
exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels entering a port subject to this Act from payment of port-dues and cancel the exemption, or may vary the rates at which port-dues are to be fixed in the port, in such manner as, having regard to the receipts and charges on account of the port it thinks expedient, by reducing or raising the dues, or any of them or may extend the period for which any vessel or class of vessels entering a port shall be exempt from liability to pay port-dues:
Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this Act.".]
___________________________
1. Substituted by the Port Laws (Amdt) Act, 1997. Prior to substitution it reads as under
"34. Variation of port-dues by Government -
The Government may, after consulting the authority appointed under section 36], exempt, [subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels] entering a port subject to this Act from payment of port dues and cancel the exemption, or may vary the rates at which port dues are to be levied in the port, in such manner as, having regard to the receipts and charges on account of the port, it thinks expedient, by reducing or raising the dues, or any of them [or may extend the periods for which any vessel or class of vessels entering a port shall be exempt from liablility to pay port-dues]:
Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this Act."
(1) Within any port subject to this Act1[not being a major port] fees may be charged for pilotage, hauling, mooring, remooring, hooking, measuring and other services rendered to vessels, at such rates as the2[Government] may direct.
3[* * * *]
(2) The fees now chargeable for such services shall continue to be chargeable unless and until they are altered in exercise of the power conferred by sub-section (1).
4[(3) The Government may, in special cases, remit the whole or any portion of the fees chargeable under sub-section (1) or sub-section (2).]
_________________________
1. Inserted by the Port Laws (Amdt) Act, 1997 w.e.f. 09-01-1997.
2 . Substituted for the words 'Local Government', by A.O., 1937 (1-4-1937).
3 . The original Proviso was omitted 'by the Indian Ports (Amendment) Act, 1916 (6 of 1916), Section 8, and the Proviso, inserted by the Bengal Pilot Service (Centralisation of Administration) Act, 1929 (11 of 1929), Section 3, was omitted by A.O., 1937 (1-4-1937).
4. Added by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), S. 190 (16-7-1951).
(1) The 1 [Government] shall appoint some officer or body of persons at every port at which any dues, fees or other charges are authorised to be taken by or under this Act to receive the same and subject to the control of the 1 [Government] to expend the receipts on any of the objects authorized by this Act.
(2) Such officer or body shall keep for the port a distinct account, to be called the port fund account, showing, in such detail as the 1 [Government] prescribes, the receipts and expenditure of the port, and shall publish annually as soon after the first day of April as may be practicable an abstract, in such form as 2 [the Government] prescribes, of the account for the past financial year;
3 [Provided that the port fund account for any port may, if so authorized under the provisions of any Act relating to such port, be merged with the general account of that port, and in such a case, the provisions of sub-section (6) shall not apply and the provisions of sub-sections (4) and (5) shall have effect as if for the words "the port fund account of the port" therein, the words "the general account of the port" had been substituted.]
4 [* * * * *]
(4) All money received under this Act at or on account of any port subject to this Act, excluding receipts on account of pilotage but including--
5 [(a) fines other than those creditable to the pilotage account of the port under sub-section (5a)],
(b) proceeds of waifs, and
(c) any balance of the proceeds of a sale under section 14 where no right to the balance has been established on a claim made within three years from the date of the sale,
shall be credited in the port fund account of the port.
(5) All expenses incurred for the sake of any such port, excluding expenses on account of pilotage but including--
(a) the pay and allowances of all persons upon the establishment of the port,
(b) the cost of buoys, beacons, lights and all other works maintained chiefly for the benefit of vessels being in or entering or leaving the port or passing through the rivers or channels leading thereto,
(c) pensions, allowances and gratuities of persons who have been employed in the port under this or any other enactment relating to ports and port-dues, or such portion of those pensions, allowances and gratuities as the 1 [Government] may be rule determine.
(d) with the previous sanction of the 1 [Government], contributions towards the support of public hospitals or dispensaries suitable for the reception or relief of seamen or otherwise towards the provisions of sanitary superintendence and medical aid for the shipping in the port and for seamen whether ashore or afloat belonging to vessels in the port, and
(e) with the like sanction, contributions towards sailors' homes, institutes, rest houses and coffee-houses and for other purposes connected with the health, recreation and temporal well-being of sailors, shall be charged to the port fund account of the port.
4 [(5a) All fees charged for pilotage at any port subject to this Act 6 [(other than a major port)] and all fines and penalties levied under the Act or under any other Act relating to the port from pilots or other persons employed in the pilot service other than fines and penalties imposed by a Court shall be credited to a distinct account to be called the pilotage account of the port.
(5b) All sums so credited to the pilotage account may be applied, in such proportions as the Government may from time to time 'direct, to the following purposes, namely:--
(a) the purchase and maintenance in repair of such vessels, and the supply of such materials, stores or other things as the officer or body appointed under sub-section (1) may deem it necessary to purchase, maintain or supply for the efficiency of the pilot service;
(b) the payment of the salaries, wages and allowances of pilots and other persons employed in the pilot service or in the supervision thereof;
(c) the payment of pensions, retiring gratuities, compassionate allowances or bonuses to pilots and other persons engaged in the pilot service, and of the contributions, if any, duly authorized to be made in their behalf to any provident fund or welfare fund;
(d) the payment of pensions, gratuities and compassionate allowances granted by the officer of body appointment under sub-section (1) to pilots and other persons engaged in the pilot service who have been injured in the execution of their duty and to the surviving relatives of pilots and other persons so engaged who have been killed in the execution of their duty or who may die while still in the service of such officer or body;
(e) the provision of educational, recreational and other amenities for pilots and other persons employed in the pilot service;
(f) the payment of contributions or appropriations to any special fund or funds established under the provisions of any other Act relating to the port to which the officer or body appointed under sub-section (1) considers contributions or appropriations should be made from the pilotage account;
(g) any other expenditure which may, with the previous sanction of the Government, be incurred in respect of the pilot service.
(5c) If the officer or body appointed under sub-section (1) at any port is also the authority responsible for maintaining the general account of the port then notwithstanding the absence of any provision in that behalf in the Act under which such general account is maintained, such officer or body may, with the previous sanction of the Government, apply any sum out of the moneys credited to such general account towards meeting deficits, if any, in the pilotage account of the port or transfer the whole or any part of any surplus funds, in the pilotage account to the general account of the port.]
(6) Subject to the provisions of any local law as to the disposal of any balance from time to time standing to the credit of a port fund account 4 [or of a pilotage account], any such balance may be temporarily invested in such manner as the 1 [Government] may direct.
___________________________
1. Substituted for the words 'Local Government', by A.O., 1937 (1-4-1937).
2. Substituted for the words 'that Government' by A.O., 1937 (1-4-1937).
3. Inserted by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), section 191 (16-7-1951).
4. Sub-section (3) was omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), section 9.
5. Substituted for the original clause (a), by Act 35 of 1951, section 191, section 191 (16-7-1951).
6. Inserted by Indian Ports (Amendment) Act (23 of 1992), S. 6 (12-8-1992).
(1) The1[State Government] may direct that for the purposes of the last foregoing section any number of ports2[in the State not being major ports] shall be regarded as constituting a single port, and thereupon all moneys to be credited to the port fund account under sub-section (4) of that section shall form a common port fund account which shall be available for the payment of all expenses incurred for the sake of any of the ports.
3[* * * * *]
(2) Where ports are grouped by or under this Act, the following consequences ensue, namely:--
(a) the State Government, in the exercise of its control over expenditure debitable to the common port fund account of the group, may4[* * *] make rules with respect to the expenditure of the fund for the sake of the several ports of the group on the objects authorized by this Act5[* * *]; and
(b) the State Government may exercise its authority under section 34 as regards all the ports in the group collectively or as regards any of them separately.
___________________________
1. Substituted for the words "Provincial Government" by A.L.O., 1950.
2. Inserted by A.O., 1937 (1-4-1937).
3. The proviso was omitted by A.O., 1937 (1-4-1937).
4. The words "subject to the control of the Governor-General-in-Council" were omitted by A.O., 1937 (1-4-1937).
5. The words "and shall cause effect to be given to any directions which the Governor-General-in-Council may deem it necessary to issue with respect to such expenditure" were omitted by A.O., 1937 (1-4-1937).
The person to whom any dues, fees or other charges authorized to be taken by or under this Act are paid shall grant to the person paying the same a proper voucher in writing under his hand, describing the name of his office, the port or place at which the dues, fees or other charges are paid, and the name, tonnage and other proper description of the vessel in respect of which the payment is made.
(1) Within twenty-four hours after the arrival within the limits of any port subject to this Act of any vessel liable to the payment of port-dues under this Act, the master of the vessel shall report her arrival to the conservator of the port.
(2) A master failing without lawful excuse to make such report within the time aforesaid shall for every such offence be punishable with fine which may extend to one hundred rupees.
(3) Nothing in this section applies to tug-steamers, ferry-steamers or river steamers plying to and form any of the ports subject to this Act1[* * *].
________________________
1. The words "or to ballam boats plying to and from the port of Chittagong" were omitted by the A.C.A.O., 1948 (23-3-1948).
If any vessel liable to the payment of port dues is in any such port without proper marks on the stem and stern posts thereof for denoting her draught, the conservator may cause the same to be ascertained by means of the operation of hooking, and the master of the vessel shall be liable to pay the expenses of the operation.
In order to ascertain the tonnage of any vessel liable to pay port-dues the following rules shall be observed, namely:--
(1)(a) If the vessel is a British registered vessel or a vessel registered under the Indian Registration of Ships Act, 1841, or the Indian Registration of Ships Act (1841), Amendment Act, 1850, or under any other law for the time being in force for the registration of vessels in1[India] the conservator may require the owner or master of the vessel or any person having possession of her register to produce the register for inspection.
(b) If the owner or master or such person neglects or refuses to produce the register or otherwise to satisfy the conservators as to what is the true tonnage of the vessel in respect of which the port-dues are payable, he shall be punishable with fine which may extend to one hundred rupees, and the conservator may cause the vessel to be measured, and the tonnage thereof to be ascertained, according to the mode of measurement prescribed by the rules for the time being in force for regulating the measurement of British vessels, and in such case the owner or master of the vessel shall also be liable to pay the expenses of the measurement.
(2) If the vessel is not a British registered vessel or a vessel registered under the Indian Registration of Ships Act, 1841, or the Indian Registration of Ships Act (1841) Amendment Act 1850, or under any other law for the time being in force for the registration of vessels in a[India] and the owner or master thereof fails to satisfy the conservator as to what is her true tonnage according to the mode of measurement prescribed by the rules for the time being in force for regulating the measurement of British vessels, the conservator shall cause the vessel to be measured and the tonnage thereof to be ascertained according to the mode aforesaid, and in such case the owner or master of the vessel shall be liable to pay the expenses of the measurement.
(3) If the vessel is a vessel of which the tonnage cannot be ascertained according to the mode of measurement mentioned in clause (1) and (2), the tonnage of the vessel shall be determined by the conservator on such an estimate as may seem to him to be just.
___________________________
1. Substituted for the words "the States", by the Part B States (Laws) Act, 1951 (3 of 1951), Section 3 and Schedule (1-4-1951).
If the master of any vessel in respect of which any port-dues, fees or other charges are payable under this Act, refuses or neglects to pay the same on demand, the authority appointed to receive such port-dues, fees or other charges may distrain or arrest the vessel, and the tackle, apparel and furniture belonging thereto or any part thereof, and detain the same until the amount due is paid:
and in case any part of the port-dues, fees or other charges or of the costs of the distress or arrest or of the keeping of the vessel or other thing distrained or arrested, remains unpaid for the space of five days next after any such distress or arrest, may cause the vessel or other thing distrained or arrested to be sold, and with the proceeds of such sale may satisfy the port-dues, fees or other charges and the costs including the costs of sale remaining unpaid, and shall render the surplus, if any, to the master of the vessel upon demand.
1[Provided that where such vessel or other thing is already arrested under the order of a court or other authority, the authority appointed to receive port-dues, fees or other charges, may sell the vessel or other thing only with the prior permission of such court or other authority and satisfy the port-dues, fees or other charges and the costs including costs of sale remaining unpaid, and disburse the surplus,if any, in accordance with the orders or directions of such court or other authority:
Provided further that the person to whom the vessel or other thing is sold under this section, shall be deemed to be the owner thereof and registered as such under the Merchant Shipping Act. 1958.]
___________________________
1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 7 (12-8-1992).