- (Act No. 15 of 1908)
An Act to consolidate the Enactments relating to Ports and Port-charges.
- Whereas it is expedient to consolidate the enactments relating to
ports and port-charges;
It is hereby enacted as follows: -
CHAPTER I: PRELIMINARY
1. Title and extent
(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, to be subject to Act XXII of 1855 ( for the Regulation of
Ports and Port-dues) or to the Indian Ports Act, 1875 (12 of 1875), or to
the Indian Ports Act, 1889 (10 of 1889);
(b) to the other ports or parts of navigable rivers or channels to which
the 2[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 the
2[Government].
2. Saving
Nothing in this Act shall-
(i) apply to any vessel belonging to, or in the service of, 3[the Central
Government or a State Government] 4[***] 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.
3. Definitions
In this Act, unless there is anything repugnant in the subject or
context,-
5[(1) "Magistrate" means a person exercising powers under the Code of
Criminal Procedure, 1973]
(2) "master", when used in relation to any vessel 6[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
6[of the port]) having for the time being the charge or control of the
vessel 6[or the aircraft, as the case may be] ;
(3) "pilot" means a person for the time being authorised by the
2[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;
(6) "ton" means a ton as determined or determinable by the rules for the
time being in force for regulating the measurement of the net tonnage of
British ships; and
(7) "vessel" includes anything made for the conveyance 6[mainly] by water
of human beings or of property;
7[(8) "major port" means any port which the Central Government may by
notification in the Official Gazette declare, or may under any law for the
time being in force have declared, to be a major port;
(9) "Government", as respects major ports, for all purposes, and, as
respects other ports for the purposes 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.]
8[***]
4. Power to extend or withdraw the Act or certain portions thereof
(1) 9[***] 2[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
yards of high-water-mark.
(4) In sub-section (3) the expression "high-water-mark" means the highest
point reached by ordinary spring tides at any season of the year.
5. Alteration of limits of ports
(1) The 2[Government] may, 10[***] subject to any rights of private
property, alter the limits of any port in which this Act is in force.
11[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 the 2[Government] alters the limits of a port under sub-section
(1), it shall declare or describe, by notification in the Official
Gazette, and by such other means, if any, as it thinks fit, the precise
extend of such limits.
6. Power to make part-rules
(1) The 2[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 swining 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 kind of cargo, in any such port, and
the stations to be occupied by vessels whilst so engaged;
12[(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;]
13[(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 un-mooring 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 finding the rates to be paid 14[in a port other than a major port]
for the use of such moorings when belonging to the 15[Government], or of
any boat, hawser or other thing belonging to the Government];
16[(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, warehouse and sheds of any port, other
than a major port, when belonging to the Government;]
17[(k) for licensing and regulation 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 crews 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 cleaning or
painting vessels, or in working in the bilges, boilers or double bottoms
of vessels in any such port;
18[(p) 19[***] 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 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 hoisted 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 or of any articles therein likely to retain infection or
contagion, and the 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 beat 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 and crew;
(iii) when the deck is made of iron and not wood-sheathed, 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.
20[***]
(2) The power to, make rules under Sub-section (1) 21[***] 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 (10 of 1889), and continued by section 2,
sub-section (2), of that Act.
22[(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 soon as may be after it is made, before each 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 Houses agree in making any
modification in the rule 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 subsection
(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.
7. Appointment of conservator
(1) The 2[Government] shall appoint some officer or body of persons to be
conservator of every part subject to this Act.
(2) Subject to any direction by the 20[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) Whom 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 the 2[Government],
or of any intermediate authority which 23[the Government] may appoint.
8. Power of conservator to give and enforce directions for certain
specified purposes
(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 wilfully and without lawful excuse refuses or neglects
to obey any 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 as aforesaid, he is
proved to have wilfully 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 act 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.
9. Power to cut warps and ropes
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.
10. Removal of obstructions within limits of port
(1) The conservator may remove, or caused to be removed, any timber, raft
or other thing, floating 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, quay, 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 timber, 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 public 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.
11. Recovery of expenses of removals
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 the 2[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 the 2[Government] directs;
and may, if necessary from time to time, realise 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.
12. Removal of lawful obstructions
(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 the
2[Government], and shall, with the sanction of 23[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.
13. Fouling of Government moorings
(1) If any vessel hooks or gets foul of any of the buoys or moorings laid
down by or by the authority of the 2[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 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.
14. Raising or removal or wreck impeding navigation within limits of port
(1) If any vessel is wreck stranded or sunk in any such port so as to
impede, or be likely to impede, the navigation thereof, the conservator
may cause the vessel to be raised, removed or destroyed.
(2) If any property recovered by a conservator acting under sub-section
(1) 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 of a perishable nature, at
any time not less than 24[two months] 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 if 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.
25[(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 as the
deficiency does not or does exceed one thousand rupees.]
15. Power to board vessels and enter buildings
(1) The conservator or any of his assistant 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 person in possession or occupation
of the building or place, without lawful excuse, refuses to allow any such
person as is mentioned in sub-section (1) to board or enter such vessel,
building 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.
16. Power to require crews to prevent or extinguish fire
(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 the 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.
17. Appointment and powers of health-officer
(1) The 2[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 the 2[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 the Indian Merchant Shipping Act, 185926 (1of 1859), section 71;
(b) power to enter on board any vessel and medically examine all or any of
the seaman 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.
18. Indemnity of Government against act or default of port-official or
pilot
The Government shall not be responsible for any act or default of any
conservator, port-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 things belonging to the Government which may be
used by the vessel
Provided that nothing in this section shall protect 27[the Government]
from a suit a respect of any act done by or under the express order or
sanction of the Government
CHAPTER IV: RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS
General Rules
19. Injuring buoys, beacons and moorings
(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 the 2[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.
20. Wilfully loosening vessel from moorings
If any person wilfully 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.
21. Improperly discharging ballast
(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 shore 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 28[and no oil or
water mixed with oil shall be discharged in or into any such port, to
which any rules made under clause (ee) 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 thing 28[or so discharges any oil or water mixed
with oil], and the master of any vessel from which the same is so cast,
29[thrown or discharged], shall be punishable with fine which may extend
to five hundred 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 thing
28[or from so discharging any oil or water mixed with oil], any master
continues so to cast, 30[throw or discharge the same], he shall also be
liable to simple imprisonment for a term which may extend to two months.
(4) Nothing in this section applies to any case in which the ballast or
rubbish or such other thing is cast or thrown into 28[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 authorised by the 2[Government].
22. Graving vessel within prohibited limits
If any person graves, breams or smokes any vessel in any such port,
contrary to the directions of the conservation, or at any time or within
any limits at or within which such act is prohibited by the 2[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.
23. Boiling pitch on board vessel within prohibited limits
If any person boils or heats any pitch, tar, resin, dammer, turpentine,
oil, or other such combustible matter on board any vessel within any such
port, or at any place within its limits where such act is prohibited by
the 2[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.
24. Drawing spirits by unprotected artificial light
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.
25. Warping
(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.
26. Leaving out warp or hawser after sunset
(1) A master of a vessel shall not cause or suffer any warp or hawser
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.
27. Discharge of fire-arms in port
If any person, without lawful excuse, discharges any firearm in any port
subject to this Act or on or from any pier, landing place, warp or quay
thereof, except a gun loaded only with gunpowder for the purpose of making
a signal of distress, or for such other purposes as may be allowed by the
2[Government], he shall for every such offence be punishable with fine
which may extend to fifty rupees.
28. Penalty on master omitting to take order to extinguish fire
If the master of any vessel in which fire takes place while lying in any
such port wilfully 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 fire, 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.
29. Unauthorised person not to search for lost stores
(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.
30. Removing stones or. injuring shores of port prohibited
(1) No person without the permission of the conservator shall in any port
subjects 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 game 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 such 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.
Special rules
31. Moving of vessels without pilot or permission of harbour master
(1) No vessel of the measurement of two hundred tons or upwards shall
enter, leave or be moved in any port to which this section has been
especially extended without having a pilot, harbour-master or assistant of
the port-officer or harbour-master on board.
31[and no mechanically propelled vessel of any measurement less than two
hundred tons and no other vessel of any measurement legs 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.
32[Provided that the 33[Government] may, by notification in the 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 go specified].
34[(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 port-officer or harbourmaster 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 go 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 the Central
Government may notify in that behalf in the Official Gazette.]
35[(3)] If any vessel, except in case of urgent necessity, enters, leaves
or is moved in the port contrary to the provisions of subsection (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 or harbour-master to go on board the vessel.
36[***]
32. Provision of certain vessels with fire extinguishing apparatus
(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 a 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.
CHAPTER V: PORT-DUES, FEES AND OTHER CHARGES
33. Levy of port-dues
(1) 37[Subject to the provisions of sub-section (2)], in each of the ports
mentioned in the first schedule 14[other than a major port] such port-due,
not exceeding the amount specified for the part in the third column of the
schedule as the 2[Government] directs, shall be levied on vessels entering
the port and described in the second column of the schedule, but riot
oftener than the time fixed for the port in the fourth column of the
schedule.
37[(2) The 2[Government] may, by notification in the Official Gazette,
alter or add to any entry in the first schedule relating to ports 38[in
39[any State] or, as the case may be, in the State], and this power shall
include the power to regroup any such ports.:
40[***]
41[(3)] Whenever the 2[Government] 42[***] declares any other port
14[other than a major port] to be subject to this Act it may, 42[***] 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 there with, and
(c) the times at which such vessels are to be so chargeable.
43[***]
41[(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.
41[(5)] An order increasing or imposing port-dues under this section shall
not take effect till the expiration of sixty days from the day on which
the order was published in the Official Gazette.
34. 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 Trust Act, 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 periods 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 by or under this Act.]
35. Fees for pilotage and certain other services
(1) Within any port subject to this Act, 14[not being a major port] fees
may be charged for pilotage, hauling, mooring, re-mooring, hooking,
measuring and other services rendered to vessels, at such rates as the
2[Government] may direct
45[***]
(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).
46[(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).]
36. Receipt, expenditure and account of port-charges
(1) The 2[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 2[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 2[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 from as 47[the Government] prescribes, of the account
for the past financial year
48[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.]
49[***]
(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
50[(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 2[Government] may by rule determine.
(d) with the previous sanction of the 2[Government], contributions towards
the support of public hospitals or dispensaries suitable for the reception
or relief of seamen or otherwise towards the provision 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-house and coffee-houses and for other purposes connected
with the health, recreation and temporary well-being of sailors,
shall be charged to the port fund account of the port.
51[(5a) All fees charged for pilotage at any port subject to this Act 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 or body appointed 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 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
48[or of a pilotage account], any such balance may be temporarily invested
in such manner as the 2[Government] may direct
37. Grouping of ports
(1) The State Government may direct that for the purposes of the lass
foregoing section any number of ports 52[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 farm a common port fund account which shall be
available for the payment of all expenses incurred for the sake of any of
the ports:
53[***]
(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, may, 54[***] make
rules with respect of the expenditure of the fund for the sake of the
several ports of the group on the objects authorized by this Act 54[***];
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.
38. Receipts for port-charges
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.
39. Master to report arrival
(1) Within twenty-four hours after the arrival within the limit 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 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 from any of the ports subject to this Act
55[***]
40. Conservator may in certain cases ascertain draught and charge expense
to master
If any vessel liable to the payment of port-dues is in any such port
without proper marks on the stem and stem 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.
41. Ascertainment of tonnage of vessel liable to port-dues
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 (10 of 1841),
or the Indian Registration of Ships Act (1841) Amendment Act, 1850 (11 of
1850), or under any other law for the time being in force for the
registration of vessels in 56[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 of such person neglects or refuses to produce
the register or otherwise to satisfy the conservator 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, (10 of 1841),
or the Indian Registration of Ships Act (1841) Amendment Act, 1850 (11 of
1850), or under any other law for the time being in force for the
registration of vessels in 56[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 owner or
master of the vessel shall be liable to pay the expenses or the
measurement.
(3) If the vessel is a vessel of which the tonnage cannot be ascertained
according to the mode of measurement mentioned in clauses (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.
42. Distraint and sale on refusal to pay port-charges
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 cost
including the costs of sale remaining unpaid, and shall render the
surplus, if any, to the master of the vessel upon demand.
43. No port-clearance to be granted until port-charges are paid
The officer of 57[the Government whose duty it is to grant a
port-clearance for any vessel shall not grant such clearance-
(a) until her owner or master, or some other person, has paid or secured
to the satisfaction of such officer the amount of all port-dues, fees and
other charges, and of all fines penalties and expenses to which the vessel
or her owner or master is liable under this Act.;
(b) until all expenses which by the Merchant Shipping Act, 1894, (57 & 58
Vict., C. 60) section 207, are to be borne by her owner incurred since her
arrival in the port from which he seeks clearance, have been paid.
44. Port-charges payable in one port recoverable at any other port
(1) If the master of any vessel in respect of which any such sum as is
mentioned in the last foregoing section is payable causes her to leave any
port without having paid the sum the authority appointed to receive
port-dues, fees and other charges at the port under this Act may require
in writing the authority appointed to receive port-dues, fees and other
charges under this Act at any other port in 56[India] to which she may
proceed or in which she may be, to levy the sum.
(2) The authority to whom the requisition is directed shall proceed to
levy such sum in the manner prescribed in section 42, and a certificate
purporting to be made by the authority appointed to receive port-dues,
fees and other charges at the port where such sum as is mentioned in the
last foregoing section became payable stating the amount payable, shall be
sufficient prime facie proof of such amount in any proceeding under
section 42 and also (in case the amount payable is disputed) in any
subsequent proceeding under section 59.
45. Penalty for evading payment of port-charges
(1) If the master of a vessel evades the payment of any such sum as is
mentioned in section 43 he shall be punishable with fine which may extend
to five times the amount of the sum.
(2) In any proceeding before a Magistrate on a prosecution under
sub-section (1) any such certificate as is mentioned in, section 44,
sub-section (2), stating that the master has evaded such payment, shall be
sufficient prima facie proof of the evasion, unless the master shows to
the satisfaction of the Magistrate that the departure of the vessel
without payment of the sum was caused by stress of weather, or that there
was lawful or reasonable ground for such departure.
(3) Any Magistrate having jurisdiction under this Act in any port to which
the vessel may proceed, or in which she may be found, shall be deemed to
have jurisdiction in any proceeding under this section.
46. Port-due on vessels in ballast
A vessel entering any port 14[not being a major port] subject to this Act
19[***] in ballast and not carrying passengers shall be charged with a
port-due at a rate to be determined by the 58[Government] and not
exceeding three-fourths of the rate with which she would otherwise be
chargeable.
47. Port-due on vessels not discharging or taking in cargo
When a vessel enters a port 14[not being a major port] subject to this Act
but does not discharge or take in any cargo or passengers therein (with
the exception of such unshipment and reshipment as may be necessary for
purposes of repair) she shall be charged with a port-due at a rate to be
determined by the 58[Government] and not exceeding half the rate with
which she would otherwise be chargeable.
48. Port-due not to be chargeable in certain cases
No port-due shall be chargeable in respect of-
(a) any pleasure-yacht, or
(b) any vessel which. having left any port., is compelled to re-enter it
by stress of whether or in consequence of having sustained any damage, or
(c) any vessel which, having entered 59[any port 60[in the territories
which, immediately before the 1st November, 1956, were comprised in the
States of Madras and Andhra] or the Port of Gopalpur in the State of
Orissa], leaves it within forty-eight hours without discharge or taking in
any passengers or cargo.
49. Power to impose hospital port-dues
(1) The 2[Central Government] may, by notification in the Official
Gazette, order that there shall be paid in respect of every vessel
entering any port subject to this Act, within a reasonable distance of
which these is a public hospital or dispensary suitable for the reception
or relief of seamen requiring medical aid such further port-dues not
exceeding one anna per ton as the 2[Central Government] thinks fit.
(2) Such port-dues shall be called hospital port-dues, and the 2[Central
Government] shall, in making any order under sub-section (1), have regard
to any contributions made under section 36, sub-section (5), clause (d).
(3) An order imposing or increasing hospital port-dues shall not take
effect till the expiration of sixty days from the day on which the order
was published in the Official Gazette.
(4) Whenever the 2[Central Government] is satisfied that proper provision
has been made by the owners or agents of any class of vessels or giving
medical aid to the seamen employed on board such class of vessels, or that
such provision is unnecessary in the case of any class of vessels, it may,
by notification in the Official Gazette, exempt such class of vessels from
any payment under this Sections.
50. Application and account of hospital port-dues
(1) Hospital port-dues shall be applied, as the 2[Central Government] may
direct, to the support of any such hospital or dispensary as aforesaid, or
otherwise for providing sanitary superintendence and medical aid for the
shipping in the port in which they are levied and for the seamen belonging
to the vessels therein, whether such seamen are ashore or afloat.
(2) The 2[Central Government] shall publish annually in the Official
Gazette, as soon after the first day of April as may be, an account, for
the past financial year, of the sums received as hospital port-dues at
each port where such dues are payable, and of the expenditure charged
against these receipts.
(3) Such account shall be published as a supplement to the abstract
published under section, 36, sub-section (2).
51. Master to hoist number of vessel
(1) The master of every inward or outward bound vessel, on arriving within
signal distance of any signal-station established within the limits of the
river Hooghly, or within the limits of any part of a river or channel
leading to a port subject to this Act, shall, on the requisition of the
pilot in charge of the vessel, signify the name of the vessel by hoisting
the number by which she is known, or by adopting such other means to this
end as may be practicable and usual, and shall keen the signal flying
until it is answered from the signal-station.
(2) If the master of a vessel arriving as aforesaid offends against
sub-section (1), he shall be punishable for every such offence with fine
which may extend to one thousand rupees.
52. Pilot to require master to hoist number
(1) Every pilot in charge of a vessel shall require the number of the
vessel to be duly signalled as provided by the last foregoing, section.
(2) When, on such requisition from the pilot; the master refuses to hoist
the number of a vessel, or to adopt such other means of making her name
known as may be practicable and usual, the pilot may, on arrival at the
first place of safe anchorage, anchor the vessel and refuse to proceed on
his course until the requisition has been complied with
53. Penalty on pilot disobeying provisions of this Chapter
Any pilot incharge of a vessel who disobeys, or abets disobedience to, any
of the provisions of this Chapter, shall be punishable with fine which may
extend to five hundred rupees for each instance of such disobedience or
abetment, and, in addition, shall be liable to have his authority to act
as a pilot withdrawn.
CHAPTER VII: PROVISIONS WITH RESPECT TO PENALTIES
54. Penalty for disobedience to rules and orders of the Government
If any person disobeys any rule or order which a 2[Government] has made in
pursuance of this Act and for the punishment of disobedience to which
express provision has not been made elsewhere in this Act, he shall be
punishable for every such offence with fine which may extend to one
hundred rupees.
55. Offences how triable, and penalties how recovered
All offences against this Act shall be triable by a Magistrate, and any
Magistrate may, by warrant under his hand, cause the amount of any fine
imposed upon the owner or master of any vessel, for any offence committed
on board of the vessel or in the management thereof or otherwise in
relation thereto, whereof the owner or master is convicted. to be levied
by distress and sale of the vessel, and the tackle apparel and furniture
thereof, or so much thereof as is necessary.
56.Costs of conviction
(1) In case of any conviction under this Act, the convicting Magistrate
may order the offender to pay the costs of the conviction in addition to
any fine or expenses to which he may be liable.
(2) Such costs may be assessed by the Magistrate and may be recovered in
the same manner as any fine under this Act
57. Ascertainment and recovery of expenses and damages payable under this
Act
(1) If any dispute arises as to the sum to be paid in any case as expenses
or damages under this Act, it shall be determined by a Magistrate upon
application made to him for that purpose by either of the disputing
parties.
(2) Whenever any person is liable to pay any sum, not exceeding one
thousand rupees, as expenses or damages under this Act, any Magistrate,
upon application made to him by the authority to whom the sum is payable,
may, in addition to or instead of any other means for enforcing payment,
recover the sum as if it were a fine.
58. Cost of distress
Whenever any fine,, expenses or damages is or are levied under this Act,
by distress and sale, the cost of the distress and sale may be levied in
addition to such fine. expenses or damages, and in the same manner.
59. Magistrate to determine the amount to be levied in case of dispute
If any dispute arises concerning the amount leviable by any distress or
arrest under this Act or the costs payable under the last foregoing
section, the person making the distress or using the arrest may detain the
goods distrained or arrested, or the proceeds of the sale thereof, until
the amount to be levied has been determined by a Magistrate, who, upon
application made to him for that purpose, may determine the amount, and
award such costs to be paid by either of the parties to the other of them
as he thinks reasonable and payment of such costs, if not paid on demand,
shall be enforced as if they were a fine.
60. Jurisdiction over offences beyond local limits of jurisdiction
(1) Any person offending against the provisions of this Act in any port
subject to this Act shall be punishable by any Magistrate having
jurisdiction over any district or place adjoining the port.
(2) Such Magistrate may exercise all the powers of a Magistrate under this
Act, in the same manner and to the same extent as if the offence had been
committed locally within the limits of his jurisdiction, notwithstanding
that the offence may not have been committed locally within such limits,
and, in case any such Magistrate exercises the jurisdiction hereby vested
in him, the offence shall be deemed, for all purposes, to have been
committed locally within the limits of his jurisdiction.
61. Conviction to be quashed on merits only
(1) No conviction, order or judgement of any Magistrate under this Act
shall be quashed for error of form or procedure, but only on the merits,
and it shall not be necessary to state, on the face of the conviction,
order or judgement, the evidence on which it proceeds.
(2) If no jurisdiction appears on the face of the conviction, order or
judgement, but the depositions taken supply that defect, the conviction,
order or judgement shall be aided by what so appears in the depositions.
CHAPTER VIII: SUPPLEMENTAL PROVISIONS
62. Hoisting unlawful colours in port
(1) If any vessel belonging to 61[any citizen of India or common wealth
citizen] sailing under 62[Indian or British colours], hoists, carries or
wears, within the limits of any port subjects to this Act, any flag, jack,
pennant or colours, the use whereof on board such vessel has been
prohibited by the, Merchant Shipping Act, 1894 (57 & 58 Vict., c. 60) or
any other Statute now or hereafter to be in force, or by any proclamation
made or to be made in pursuance of any such Statute, or by any of 63[the
regulations] in force for the time being, the master of the vessel shall,
for every such offence, be punishable with fine which may extend to fifty
rupees.
(2) Such fine shall be in addition to any other penalty recoverable in
respect of such an offence.
(3) The conservator of the port, or any officer of 64[the Indian Navy],
may cater on board any such vessel and seize and take away any flag, jack,
pennant or colours so unlawfully hoisted, carried or worn on board the
same.
63. Foreign deserters
Any Magistrate, upon an application being made to him by the Consul of any
Foreign Power to which section 238 of the Merchant "Shipping Act, 1894 (57
& 58 Vict., c. 60) has, by an Order in Council 65[or order], been, or
shall hereafter be, declared to be applicable, or by the representative of
such Consul, and upon complaint on oath of the desertion of any seaman,
not being a slave, from any vessel of such Foreign Power, may, until a
revocation of such Order in Council 65[or order] has been publicly
notified, issue his warrant for the apprehension of any such deserter,
and, upon due proof of the desertion, may order him to be conveyed on
board the vessel to which he belongs or, at the instance of the Consul, to
be detained in custody until the vessel is ready to sail, or, if the
vessel has sailed, for a reasonable time not exceeding one month:
Provided that a deposit be first made of such sum as the Magistrate deems
necessary for the subsistence of the deserter during the detention and
that the detention of the deserter shall not be continued beyond twelve
weeks.
64. Application of sections 10 and 21
(1) The provisions of section 10 and 21 shall be applicable to all ports
heretofore or hereafter declared by the 2[Government] to be parts for the
shipment and landings of goods but not otherwise subject to this Act, and
may be enforced by any Magistrate to whose ordinary jurisdiction any such
port is subject.
(2) Any penalties imposed by him, and any expenses incurred by his order,
under the said provisions, shall be recoverable respectively in the manner
provided in sections 55 and 57.
(3) In any of the said ports for the shipment and landing of goods the
consent referred to in section 21, sub-section (4), may be given by the
principal officer of customs at such port or by any other officer
appointed in that behalf by the 2[Government].
65. Grant of sites for sailors institutes
Any local authority in which any immovable property in or near a port is
vested may, 66[with the previous sanction, in the case of a cantonment
authority or the port authority of a major port, of the Central
Government, and in other cases, of the State Government], appropriate and
either retain and apply, or transfer by way of gift or otherwise, the
whole or any part of the property as a site for, or for use as, a sailors'
home or other institution for the health, recreation and temporal
well-being of sailors.
66. Exercise of powers of conservator by his assistants
(1) All acts, orders or directions by this Act authorized to be done or
given by any conservator may, subject to his control, be done or given by
any harbour-master or any deputy or assistant of such conservator or
harbour-master.
(2) Any person authorised by this Act to do any act may call to his aid
such assistance as may be necessary.
67. Service of written notices of directions
Any written notice of a direction given under this -Act, left for the
master of any vessel with any person employed on board thereof, or affixed
on a conspicuous place on board of the vessel, shall, for the purposes of
this Act, be deemed to have been given to the master thereof.
68. Publication of orders of Government
Every declaration, order and rule of a 2[Government] made in pursuance of
this Act shall be published in the Official Gazette, and a copy thereof
shall be kept in the office of the conservator and at the custom-house, if
any, of every port to which the declaration, order or rule relates, and
shall there be open at all reasonable times to the inspection of any
person without payment of any fee.
68A. Authorities exercising jurisdiction in ports to co-operate in
manoeuvres for defence of port
Every authority exercising any powers or jurisdiction in, or relating to,
any port to which this Act for the time being applies shall, if so
required by an officer authorized by general or special order of the
Central Government in this behalf, co-operate in such manner, as such
officer may direct, in carrying out any manoeuvres in connection with any
scheme or preparations for the defence of the said port in time of war,
and for this purpose shall, if so required, temporarily place at the
disposal of such officer the services of any of its staff and the use of
any of its vessels, property, equipment or other material:
Provided, firstly that if any vessels are placed at the disposal of such
officer in accordance with this section, the Central Government shall, in
respect of the period during which they are so at his disposal bear the
running expenses of such vessels, and be responsible for any damage
thereto.
Explanation.-The expression 'running expenses' in this proviso includes
all outlay incurred in connection with the use of vessels other than any
charges for their hire, or for the wages of the officer and crews of such
vessels :
Provided, secondly, that any officer making a requisition under this
section shall exercise his powers in such a way as to cause as little
disturbance to the ordinary business of the port as is compatible with the
exigencies of the efficient carrying out of the manoeuvres
Provided, thirdly, that no suit or other legal proceeding shall lie
against any authority for any default occurring by reason only of
compliance with a requisition under this section.
68B. Duties of the said authorities in an emergency
Whenever the Central Government is of opinion that an emergency has arisen
which renders it necessary that the duties imposed for the purposes
specified in section 68A on the authorities therein mentioned, or other
duties of a like nature, should be imposed on such authorities
continuously during the existence of the emergency, it may, by general or
special order, authorise any officer to require the said authorities to
perform such duties until the Central Government is of opinion that the
emergency has passed and he said authority shall comply accordingly, and
the provisions of the said section shall apply subject to the following
modification, namely:-
The Central Government shall pay any authority, on whom a requisition has
been made, such compensation for any loss or damage attributable to such
requisition, and for any services rendered or expenditure incurred in
complying therewith as, in default of agreement, shall be decided to be
just and reasonable, having regard to the circumstances of the case, by
the arbitration of a person to be nominated in this behalf by the Central
Government, and the decision of such person shall be final.]
68C. Application of certain provisions of the Act to aircraft
(1) The provisions of sections 6, 13 to 16 (both inclusive), 18, 21 and
28, sub-section (2) of section 31 and sections 33, 34, 35, 39, 42 to 48
(both inclusive) and 55 shall apply in relation to all aircraft making
us-, of any part subject to this Act, while on water as they apply in
relation to vessels.
(2) No such aircraft shall enter or leave any port subject to this Act,
except with the permission granted by the Conservator of the Port or by
such other officer as may be authorized in this behalf by the
Conservator.]
[Section 69 repealed by the Repealing Act, 1938 (1 of 1938)]
Foot Notes
1. Enacted w.e.f. 18th December, 1908.
2. Substituted by the A.O. 1937, for the words "Local Government".
3. Substituted by the A.O. 1950, for the words "His Majesty".
4. The words "or the Government of India" omitted by the A.O. 1937.
5. Substituted by the Port Laws (Amendment) Act, 1997 (Act No. 15 of 1997)
dated 25th March, 1997 for clause (1).
6. Inserted by Act 35 of 1951, section 188.
7. Inserted, ibid.
8. Clause (10) omitted by Act 3 of 1951.
9. Omitted by Act 6 of 1916.
10. Omitted by Act 6 of 1916.
11. Inserted by Act 17 of 1978.
12. Inserted by Act 39 of 1923.
13. Inserted by Act 9 of 1925.
14. Inserted by Act No. 15 of 1997, dated 25th March, 1997.
15. Substituted by the A.O. 1950, for the word "Crown" which had been
Substituted by the A.O. 1937, for the word "Government."
16. Substituted by Act No. 15 of 1997, dated 25th March, 1997 for clause (jj).
17. Substituted by Act 15 of 1997, dated 25th March, 1997 for clause (k).
18. Substituted by Act 4 of 1911, section 2 for clause (p).
19. Omitted by the A.O. 1937.
20. Sub-section (1A) omitted by Act 26 of 1938.
21. The words, brackets, figure and letter "and sub-section (1A)" Inserted
by Act 15 of 1922 omitted, ibid.
22. Inserted by Act 20 of 1983, w.e.f. 15th. March, 1984.
23. Substituted, ibid., for the words "that Government".
24. Substituted by Act 55 of 1952, for the words "six months".
25. Inserted by Act 55 of 1952.
26. See now the Merchant Shipping Act, 1958 (44 of 1958).
27. The words "the Secretary of State for India in Council" successively
Substituted by the A.O. 1937 and the A.O. 1950 to read as above.
28. Inserted by Act 39 of 1923.
29. Substituted, ibid., for the words "or thrown".
30. Substituted, ibid., for the words "or throw it".
31.Substituted by Act 55 of 1952.
32. Inserted by Act 36 of 1925.
33. Substituted by the A.O. 1937, for the words "Governor-General in
Council".
34. Inserted by Act 6 of 1916.
35. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and
(5) respectively by Act No. 6 of 1916.
36. Sub-sections (4) and (5), as re-numbered by Act 6 of 1916, omitted by
Act 36 of 1925.
37. Inserted by Act 6 of 1916.
38. Substituted ibid, for the words "within its own province."
39. The words "British India" successively Substituted by the A.O. 1948
and the A.O. 1950 to read as above.
40. Proviso omitted by the A.O. 1937.
41. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and
(5) respectively by Act 6 of 1916.
42. Certain words omitted by Act 6 of 1916.
43. Proviso omitted by the A. O. 1937.
44. Earlier section 34 substituted by Act No. 15 of 1997, dated 25th
March, 1997.
45. Proviso omitted by the A. O. 1937.
46. Inserted by Act 35 of 1951, section 190.
47. Substituted by the A.O. 1937, for the words "that Government".
48. Inserted by Act 35 of 1951.
49. Sub-section (5) omitted by Act 6 of 1916.
50. Substituted by Act 35 of 1951, 191 for clause (a).
51. Inserted by Act 35 of 1951.
52. Inserted, ibid.
53. Proviso omitted, ibid.
54. Omitted, ibid.
55. Omitted by the A.O. 1948.
56. The words "British India" submissively amended by the A.O. 1948, the
A.O. 1950 and Act 3 of 1951.
57. The word "Government" successively Substituted by the A. O. 1937 and
the A. O. 1950.
58. Substituted ibid., for the words "Local Government".
59. Substituted by Act 35 of 1950.
60. Substituted by the A. O. (No. 2), 1956, for the words "in the State of
Madras or in the State of Andhra".
61. Substituted by the A. O. 1950, for the words "any of His Majesty's
subjects".
62. Substituted, ibid., for the words "British colours".
63. Substituted, ibid., for the words "His Majesty's regulations."
64. Substituted by the A. O. 1250, for the words "His Majesty's Navy or
the Royal Indian Navy".
65. Inserted, ibid.
66. Substituted ibid., for the words "with the previous sanction of the
Local Government".
67. Inserted by Act 6 of 1916.
68. Ins by Act 35 of 1951.
69. This Schedule is liable to variation by notifications of State
Government, and for any change thereof notification of the State concerned
should be consulted.
70. Substituted by notification No. G.S.R. 257 (E) dated 1st. May, 1978,
Gazette of India, Pt. II, s. 3 (i) p. 398, for the heading and major ports
of Calcutta and Paradip and the entries relating thereto.
71. Entries under columns 2, 3 and 4 omitted by Act No. 15 of 1997, dated
25th March 1997.
72. Added by notification No. 1317 PD, dated 29th. April, 1978, Gazette of
Orissa.
73. Added by notification No. G.O. Ms. 253 dated 28th. April, 1968,
Gazette of Andhra Pradesh.
74. Added by notification No.11. (2)/ TRA/ 1914(c)/ 78, dated 1st. May,
1978, Gazette of Tamil Nadu.
75. Inserted by notification No. G.O. Ms. 70/78-Pt., dated 1st. May, 1978,
Gazette of Pondicherry.
76. Added by notification No. S.R.O. 373/78 dated 26th. January, 1978,
Gazette of Kerala.
77. Inserted by notification No. P.W.D 42 PSP 77 dated 29th. April, 1978,
Gazette of Karnataka (Extraordinary) Part IV-2 c(ii).
78. Inserted by notification No. 1/605/78/IPD, dated 1st. May, 1978,
Gazette of Goa, Daman and Diu.
79. Inserted by notification No. IPA 1077/264/36-TR, dated 21st. March,
1978, Gazette of Maharashtra.
80. Inserted by Notification No. G/ J/ 16/ IPA/ 1077/ 95 M dated 1st. May,
1978, Gazette of Gujrat, Extraordinary, Part IV-A.
-
-
- BCAS: 7103-1001
-
admiraltypractice.com
