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Indian Ports Act,1908

 

Indian Ports Act,1908 (PDF File)

(Act No. 15 of 1908)

An Act to consolidate the Enactments relating to Ports and Port-charges.

Comment: The aim of this Act is to consolidate the Enactments relating to Ports and Port-charge

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
  • This Act may be called the Indian Ports Act, 1908.
  • It shall extend, save as otherwise appears from its subject or context,-
  • 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);
  • 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].

  1. Saving

Nothing in this Act shall-

  • 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
  • deprive any person of any right of property or other private right, except as hereinafter expressly provided, or
  • 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] ;

  • "pilot" means a person for the time being authorised by the 2[Government] to pilot vessels.
  • "port" includes also any part of a river or channel in which this Act is for the time being in force;
  • "port-officer" is synonymous with master-attendant;
  • "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
  • "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[***]

CHAPTER II: POWERS OF THE 2[GOVERNMENT]

  1. Power to extend or withdraw the Act or certain portions thereof

(1) 9[***] 2[Government] may, by notification in the Official Gazette,-

  • 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;
  • specially extend the provisions of section 31 or section 32 to any port to which they have not been so extended;
  • 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.
  • A notification under clause (a) or clause (b) of sub-section (1) shall define the limits of the area to which it refers.
  • 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.
  • In sub-section (3) the expression "high-water-mark" means the highest point reached by ordinary spring tides at any season of the year.
  1. 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.

  1. 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 :-

  • 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;
  • for regulating the berths, stations and anchorages to be occupied by vessels in any such port;
  • 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;
  • for the removal or proper hanging or placing of anchors, spars and other things being in or attached to vessels in any such port;
  • 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;]

  • 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;
  • for regulating the anchoring, fastening, mooring and un-mooring of vessels in any such port;
  • for regulating the moving and warping of all vessels within any such port and the use of warps therein;
  • for regulating the use of the mooring buoys, chains and other moorings in any such port;
  • 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;]

  • for regulating the use of fires and lights within any such port;
  • for enforcing and regulating the use of signals or signal-lights by vessels by day or by night in any such port;
  • for regulating the number of. the crew which must be, on board any vessel afloat within the limits of any such port;
  • 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-

  • 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;
  • the medical inspection of such vessels and of persons on board such vessels;
  • the questions to be answered and the information to be supplied by masters, pilots and other persons on board such vessels;
  • the detention of such vessels and of persons on board such vessels;
  • the duties to be performed in cases of any such disease by masters, pilots and other persons on board such vessels;
  • 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;
  • 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
  • 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:-

  • 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,
  • 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;
  • 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].

  • 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.
  • 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.

CHAPTER III: PORT-OFFICIALS AND THEIR POWERS AND DUTIES

  1. Appointment of conservator
  • The 2[Government] shall appoint some officer or body of persons to be conservator of every part subject to this Act.
  • Subject to any direction by the 20[Government] to the contrary,-
  • in ports where there is a port-officer, the port-officer shall be the conservator;
  • in ports where there is no port-officer, but where there is a harbour-master, the harbour master shall be the conservator.
  • 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.
  • The conservator shall be subject to the control of the 2[Government], or of any intermediate authority which 23 [the Government] may appoint.
  1. 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.

  • 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.
  • 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.
  1. 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.

  1. Removal of obstructions within limits of port
  • 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.
  • 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.
  • The conservator or any Magistrate having jurisdiction over the offence may cause any such nuisance to be abated.
  1. 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.

  1. 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.

  1. 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.

  1. Raising or removal or wreck impeding navigation within limits of port
  • 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.
  • 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.]

  1. 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.

  1. Power to require crews to prevent or extinguish fire
  • 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.
  • 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.
  1. Appointment and powers of health-officer
  • The 2[Government] may appoint at any port subject to this Act an officer to be called the health-officer.
  • 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
  • with respect to any vessel, the powers conferred on a shipping-master by the Indian Merchant Shipping Act, 185926 (1of 1859), section 71;
  • power to enter on board any vessel and medically examine all or any of the seaman or apprentices on board the vessel;
  • 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;
  • 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
  • power to require any person so questioned to make and subscribe a declaration of the truth of the statements made by him.
  1. 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

  1. Injuring buoys, beacons and moorings
  • 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.
  • 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. 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.

  1. 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].

  • 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.
  • 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].

  1. 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.

  1. 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.

  1. 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.

  1. Warping
  • 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.
  • A master offending against sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred rupees.
  1. Leaving out warp or hawser after sunset
  • 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.
  • A master offending against sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred rupees.
  1. 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.

  1. 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.

  1. Unauthorised person not to search for lost stores
  • 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.
  • 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. 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

  1. 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[***]

  1. Provision of certain vessels with fire extinguishing apparatus
  • 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.
  • 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

  1. 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,-

  • 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.
  • the highest rates at which such dues may be levied in respect of vessels chargeable there with, and
  • 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.

44[34. Variation of port-dues by Government

The Government may after consulting,-

  • in case of ports other than major ports, the authority appointed under section 36;
  • 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.]

  1. 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).]

  1. 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)],

  • proceeds of waifs, and
  • 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-

  • the pay and allowances of all persons upon the establishment of the port,
  • 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,
  • 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.

  • 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
  • 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

  • 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;
  • the payment of the salaries, wages and allowances of pilots and other persons employed in the pilot service or in the supervision thereof;
  • 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;
  • 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;
  • the provision of educational, recreational and other amenities for pilots and other persons employed in the pilot service;
  • 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;
  • 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.

  1. 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

  • 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

  • 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. 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.

  1. Master to report arrival
  • 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.
  • 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.
  • 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[***]
  1. 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.

  1. 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.

  1. 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.

  1. 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-

  • 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.;
  • 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.
  1. 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.

  1. Penalty for evading payment of port-charges
  • 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.
  • 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.

  1. 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.

  1. 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.

  1. Port-due not to be chargeable in certain cases

No port-due shall be chargeable in respect of-

  • any pleasure-yacht, or
  • 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
  • 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.
  1. 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.

  • 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).
  • 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.
  • 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.
  1. 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.

  • 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.
  • Such account shall be published as a supplement to the abstract published under section, 36, sub-section (2).

CHAPTER VI: HOISTING SIGNALS

  1. Master to hoist number of vessel
  • 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.
  • 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.
  1. Pilot to require master to hoist number
  • 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.
  • 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
  1. 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

  1. 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.

  1. 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.

  1. Ascertainment and recovery of expenses and damages payable under this Act
  • 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.
  • 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.
  1. 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.

  1. 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.

  1. Jurisdiction over offences beyond local limits of jurisdiction
  • 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.
  • 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.
  1. Conviction to be quashed on merits only
  • 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.
  • 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

  1. 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.

  • Such fine shall be in addition to any other penalty recoverable in respect of such an offence.
  • 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.
  1. 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.

  1. Application of sections 10 and 21
  • 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.
  • 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.
  • 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].

  1. 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.

  1. Exercise of powers of conservator by his assistants
  • 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.
  • Any person authorised by this Act to do any act may call to his aid such assistance as may be necessary.
  1. 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.

  1. 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.

67[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.]

68[68C. Application of certain provisions of the Act to aircraft

  • 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.
  • 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)]

69THE FIRST SCHEDULE: PORTS, VESSELS CHARGEABLE, RATE OF PORT-DUES AND FREQUENCY OF

PAYMENT

  (See sections 1 and 33)    
  70[PART I- MAJOR PORTS]    
Name of Port        
71[Vessels Chargeable 71[Rate of port dues per 71[Due how often  
    ton chargeable in respect of  
      same vessel  
1 2 3 4  

Calcutta

Paradip

Visakhapatnam

Explanation :- "Outer Harbour" means the portion of the Visakhapatnam Port limits with the following co-

ordinates, namely

WEST: A line drawn towards North along the Eastern boundary of S. No. 9 of Dolphin's Nose Village from the junction point of S. No.3, 4, 9 and 10 i.e., at the point Lat.,17° 41' 11" .3 N and Long. 83° 17' 35" E across the channel till it touches Municipal boundary in T. No. 469 i.e., at the point Lat. 17° 41' 17" .3N and Long. 83° 17' 35" .2E and thence towards North along the field boundary of S. No. 10 and 12 of Dolphin's Nose Village upto the South Eastern point of T.S. 303 of Fort Ward, Visakhapatnam Town thence towards North East along eastern edge of the beach road till coinciding with the Western end of Groyne No. 2 at the point Lat. 17° 41' 47" N Long. 83°18' 03" .4 E.

NORTH : From the point of Lat. 17° 41' 47" N. and Long. 83°18' 03".4E. towards East along the centre line of Groyne No. 2 till coinciding with East break water at Lat. 17° 41' 32" .6 N. Long 83°18' 29" SE.

EAST A line drawn towards South from the point of Lat. 17° 41' 32" .6 N Long. 83°18' 29" 3E till the point coinciding with east break water South and at Lat. 17° 41' 14" .93 N. Long. 83° 18' 29" .3E thence a line drawn towards South East till the point coinciding with East end of South break water at Lat. 17° 41' 01" .43N Long. 83° 18' 49" .12 E.

SOUTH : A line drawn towards West South West direction from the point with Lat. 17° 41' 01" .43 N. Long 83°18' 49.2E till the point coinciding with Eastern boundary of S. No. 11 of Dolphin's Nose Village at the point Lat 17° 40' 36" .7 N. Long .83° 17' 49" .8 E and thence towards North along Eastern boundary S. No. 11 of Dolphin's Nose Village till the point of interception of S. No. 10 of Dolphin's Nose Village between F. Lines 109 and 71 and towards West to meet junction point of S. No. 3, 4, 9 and 10 of Dolphin's Nose Village i.e. at the point Lat. 17° 41' 11" .3 N and Long. 83°17’ 35" E approximately.

Madras

New Tuticorin

Cochin

New Mangalore

Mormugao  Bombay

Kandla

    PART II-RESERVED FOR PORTS IN WEST BENGAL, IF ANY    
  72[PART III-PORTS UNDER THE CONTROL OF GOVERNMENT OF ORISSA  
               
Name of port   Vessels chargeable Rate or port dues Due how often  
        chargeable in respect  
        of the same vessels  
  (2) (3)   (4)    
(1)      
               
               
1. Chandbali Sea-going vessels of ten Not exceeding rupees Once in the same            
(Dhamra)   tonnes and upwards one and fifty paise per month.                        
      (except fishing boats.)   tone.                                        
      (Tug-boats,   ferry-boats   Ditto         Once between the 1st            
      and river boats, whether                 January and the 30th            
      propelled by steam or                 June,     and     once            
      other mechanical                                    
                      between   the 1st July            
      means.)                                    
                            and 31st December, in            
                                           
                                each year.                    
2. Gopalpur   Sea-going vessels of ten Not exceeding rupee     Once in the same            
      tones and upward one and forty paise     month.                        
      (except fishing boats.)   per tonne.                                      
      (Tug-boats,   ferry-boats Ditto             Once between the 1st            
      and river boats, whether                 January and the 30th            
      propelled by steam or                 June     and     once            
      other mechanical                                    
                      between   the 1st July            
      means.)                                    
                            and 31st December, in            
                                           
                                each year.]                    
  73[PART IV-PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA PRADESH            
                               
  Name of the port   Vessels chargeable       Rate of port dues         Dues how often  
  District                                       chargeable in  
                Class of vessels       Rate         respect of same  
                                              vessel      
  (1)       (2)       (3)           (4)             (5)        
Calingapatnam     Sea-going vessels of (1) Foreign ship or   Fifteen paise   Payable on each  
(srikakulam)   42.45 cube metres steamer calling at   per cubic   entry into   the  
        (15tons) and upwards. any port.           metre.         port.              
Bheemunipatnam                                                      
(Visakhapatnam.)                                                      
Kakinada (East           (2) Foreign ship or   Twenty-five       Payable once for  
Godavari)             steamer (referred to   paise per cubic   one voyage.      
                in item 1 above)   metre.                          
Narsapur (West           calling at any port                                
          for more than once                                
Godavari)                                            
            in the same voyage.                                
                                               
Machilipatnam                                                        
(Krishna)                                                        
Vadarevu     Sea-going vessels of (3) Coasting ship   Thirteen paise   The payment of  
(Prakasam)     42.45 cubic metres (15 calling at any port.     per cubic   the dues at the  
        tons) and upwards.                 metre.         port will exempt  
Krishnapatnam                                       the ship for a  
                                      period   of   60    
(Nelore)                                              
                                      days       from  
                                                 
                                          liability to pay  
                                          the dues again  
                                          at that port.        
                (4)Coasting steamer   Fifteen paise   The payment of    
                       
                calling at any port.     per cubic   the dues at the    
                              metre.         port will exempt    
                                          the steamer for a    
                                                   

that port.]

74[PART V-PORTS UNDER THE CONTROL OF THE GOVERNMENT OF TAMIL NADU

Name of port District Vessels chargeable Rate of port Dues how often
      dues, class of chargeable in
      vessels respect of same
        vessel
  (1) (2)
(1) Cuddalore South Arcot
(2) Nagapattinam Tanjavur
(3)   (4)       (5)  
Sea-going vessels of (1) Foreign ship Payable on
40 cubic metres and or steamer each entry into
upwards. calling at any the port except
  port   not in the case of
  exceeding 10 straits steamer
  paise per cubic which shall not
  metre.     be   charged
        more than once
        in a voyage.  
(2) Foreign ship Payable  once
or steamer for the voyage.
calling at more  
than one port  
not exceeding  
15 paise per  

cubic metre.

(3) Pamban                Ramanathapuram

  • Ramesaram
  • Kilakarai
  • Veppalodai Tirunelveli

Kanyakumari

  • Colachel
  • Kanyakumari
(3) Coasting The payment of
ship calling at dues at the port
any port not will exempt the
exceeding   15 ship for a period
paise per cubic of 60   (sixty)
metre.       days   form
        liability to pay
        the dues again
        at that port.  
(4) Coasting The payment of
steamer calling the dues at the
at any port not port will exempt
exceeding   10 the steamer for
paise per cubic a period of 30
metre.       (thirty)   days
        from liability to
        pay the dues
        again at the
        port.]      

75[PART VI-PORTS UNDER THE COTROL OF GOVERNMENT OF PONDICHIERRY

  (See sections 1 and 33)  
         
Name of Port Vessels Chargeable Rate of port dues per Due how often
    ton chargeable in respect of
        same vessel

(1)                               (2)

Pondicherry            Sea going vessels of 40

cubic metres and

upwards.

(3)                                   (4)

(a) Foreign going ship    (a) Payable on each

or sailing vessel calling   entry into the port.

at this port at 15 paise

per cubic metre.

  • Coasting ships calling at this port at 15 paise per cubic metre.
  • Coasting sailing vessel calling at this port at 5 paise per cubic metre.

(b) The payment of port dues will exempt the ship for a period of sixty days from liability to pay the dues again at that port

Do.

(1) The levy of port dues in accordance with the Schedule referred to in clause (1) shall be subject to the following conditions namely :-

  • that with effect on and from the lst July, 1978, the rates of port dues to be levied on vessels specified in column (2) of the said Schedule, entering the Port in the Union Territory of Pondicherry shall be those laid down in column (3) of the said Schedule;
  • that such dues shall be levied subject to the conditions mentioned in column (4) of the said schedule;
  • that the rates of port dues chargeable on any one vessel entering the part in ballast and not carrying passengers shall be 3/4th of the rates laid down in the schedule ;
  • that when a vessel enters the port but does not discharge or take any cargo or passengers therein (with the exception of such unshipment or reshipment as may be necessary for purposes of repair), she shall be charged with port dues at half the rates specified in the schedule; and
  • that no port dues shall be levied on-
  • any pleasure, yacht, or
  • any vessel which, having left any port, is compelled to re-enter it by stress of weather, or in consequence of having sustained any damage, or
  • any vessel which, having entered any port, leaves it within forty-eight hours without discharging or taking in any passengers or cargo.

(2) For the purpose of this notification the terms "Foreign going ship", "coasting ship", "sailing vessel" and "ship" shall have the same meaning as found in the Merchant Shipping Act, 1958 (Act No. XLIV of 1958).]

76[PART VII- PORTS UNDER THE CONTROL OF GOVERNMENT OF KERALA

Name of Ports   Vessels       Rate of Port dues   Dues how    
        chargeable                   often      
                              chargeable in  
                              respect of the  
                              same vessel.  
District   Ports         Class of vessel   Rate of port          
                          dues          
(1) (2)   (3)   (4)       (5)   (6)      
Trivanduram   Kovalam   All sea-going   (a) Foreign ship   Not exceeding   The payment  
1.          
  Vizhinjam   vessels of  40   or steamer or   Rs. 1.50  per   of the dues on  
        cubic metres and   coastal steamer   ton.     entry at any  
  2. Trivandrum   upwards.   calling at any         minor port of  
          port.             Kerala   will  
                             
                                   

steamers for a period of 30 days and ships for a period of 60 days from payment of port dues again at that port.

Quilon 3. Quilon (other  than  fish  (b) Coastal ship Not exceeding
      ing vessels) paise 50  per
        ton  
  4.        
  Neendakara      
Alleppey 5. Alleppey      
Trichur/Erna- 6. Azhikode      
kulam          
Mallappuram 7. Ponnani      
Kozhikode 8. Calicut      
  (including      
  Beypore)      
  9. Badagara      
Cannanore 10. Tellichery      
  1. Cannanore
  2. Azhikkal.
  1. Kaaragode

Notes:

  • In assessing the Port dues the date an which a vessel anchored shall be the date from which dues shall be calculated.
  • In the case of vessels the certificate of registry of which shows her tonnage in the British standard tons only, a factor of 2.83 cubic metres will be the equivalent to one ton for purpose of levy of Port dues specified in column 3 and on conversion of such tons into cubic meters any fraction less than half will be omitted and half and above rounded to the nearest cubic metres.

Explanation- In this schedule-

  • "ship" means a vessel propelled solely by wind-power.
  • "Steamer" means any vessel other than a ship.
  • "Coasting ship" or "Coasting steamer" means respectively a ship or steamer which at any Port discharges cargo Exclusively from or takes in cargo exclusively for any ports in India or in Burma, or in the Island of Ceylon and "Coasting Steamer" includes a coasting steam vessel having a general pass under section 164 of the Sea Customs Act, 1878.
  • "Foreign ship" or "Foreign Steamer" means respectively a ship or steamer not being a coasting ship or coasting steamer.]

77[PART VIII- PORTS UNDER THE CONTROL OF GOVERNMENT OF KARNATAKA

    Name of Port Vessels Chargeable Rate of port dues   Due how  
            often  
            chargeable in  
            respect of the  
            same vessel  
(1) (2) (3)   (4)  
    1. Mangalore Sea-going vessels of 15 (a) Foreign ship or Not exceeding Payable on  
     
      cubic metre and upwards. stea-mer calling at thirty paise per each en-try  
        the port. cubic metre. into the port.  
        (b) Coasting ship Not exceeding The payment  
        cal-ling at the port. thirty paise per of the dues  
          cubic metre. will exempt  
            the ship foe a  
            period of sixty  
            days from lia-  
            bility to pay  
            the dues  
            again at the  
            port.  
        (c) coasting steamer Not exceeding The payment  
         
        cal ling at the port. thirty paise per of the dues  
          cubic metre. will exempt  
            the steamer  
            for a period of  
            30 days from  
            lia- bility to  
            pay the dues  
            again at the  
            port.  
    2. Malpe Sea-going vessels of 15 (a) Foreign ship or Not exceeding Payable on  
    3. Mangarkatta cubic metre and upward. steamer calling at thirty paise per each entry  
     
      the port. cubic metre. into the port.  
         
    4. Coondapur          
             
    5. Baindur   (b) Foreign ship or Not exceeding Payable once  
        stea-mer calling at forty five paise for voyage.  
        more than one port. per cubic metre.    
    6. Bhatkal Sea-going vessels of 15 (c) Coasting ships Not exceeding The payment  
     
      cubic metres and upwards. calling at any port. twenty paise per of the dues  
    7.Shirali     cubic metre. will exempt  
          the ship for a  
             
    8. Murdeshwar       period of sixty  
          days from  
             
    9. Honavar/       liability to pay  
          the dues  
    Manki       again at the  
            port.  
    10. Tadri          
    Gangavali          
    11. Belekeri/   (d) Coasting Not exceeding The payment  
       
    Ankola   steamers calling at twenty four paise of the dues  
        any port. per cubic metre. will exempt  
            the steamer  
            for a period of  
            30 days from  
            liability to pay  
            the dues  
            again at the  
            port.  
               
         Chendia      
  1. Binaga
  2. Karwar
  3. Majali

Explanation 1.-

  • "Ship" means a vessel propelled with sufficient sail area for navigation under sail alone whether or not fitted with mechanical means of the propulsion and includes a rowing boat or canoe.
  • "Steamer" means any vessel other than a ship.
  • "Coating ship" or "Coasting steamer" means respectively a ship or steamer which at any port discharges cargo exclusively from or takes in cargo exclusively for any Port in India.
  • "Foreign ship" or "Foreign Steamer" means respectively a ship or steamer not being coasting ship" or "coasting steamer".
  • "Towing vessel" arriving at a port should enter and clear and be assessable for port dues the craft towed being treated as "cargo".

Provided for the purpose of levy of port dues vessel shall not be deemed during one and the same voyage to be both coasting ship or steamer and a Foreign ship or steamer but port dues shall in respect of such voyage, be leviable on such vessels either as a coasting or as a foreign ship or steamer, whichever rate is higher.

Explanation 2.-

Ports enclosed in double brackets in the second column of the schedule shall be treated as if they are only one port every vessel in respect of which such dues have been charged and taken a one of the bracketed ports being exempted from the payment of port dues on entering another port within the period specified in the fourth column of the schedule.

78[PART IX- PORTS UNDER THE CONTROL OF GOVERNMENT OF GOA,

DAMAN AND DIU

Name of Port Vessels Chargeable   Rate of port dues per   Dues how often  
          chargeable in respect  
          of same vessel  
(1) (2) (3) (4)  
1. Diu (a) Sea-going vessels of   Not exceeding Rupee one   Once in the same  
  ten tons and upwards   and paise fifty per ton.   month  
  (except fishing boats).          
  (b) Inland mechanically   Do.   Once between 1st  
  propelled vessels.       January & 31st March,  
          once between 1st April  
          & 30th June, once  
          between 1st July & 30th  
          September & once  
          between 1st October &  
          31st December.  
2. Simbor (a) Sea-going vessels of   Do.   Once in the same  
  ten tons and upwards       month.  
  (except fishing boats)          
  (b) Inland mechanically   Do.   Once between 1st  
       

propelled vessels.

3.Daman                (a) Sea-going vessels of        Not exceeding Rupee one

ten tons and upwards            and paise fifty per ton.

(except fishing boats)

(b) Inland mechanically                           Do.

propelled vessels.

  1. Tiracol (a) Sea-going vessels of Do.

ten tons and upwards

(except fishing boats)

(b) Inland mechanically                           Do.

propelled vessels.

 Chapora (a) Sea-going vessels of Not exceeding Rupee one

ten tons and upwards                 and paise fifty per ton

(except fishing boats).

(b) Inland mechanically                           Do.

propelled vessels.

  1. Panaji (a) Sea-going vessels of Do.

ten tons and upwards

(except fishing boats).

(b) Inland mechanically                           Do.

propelled vessels.

7. Talpona (a) Sea-going vessels of Do.
     

January & 31st March, once bet-ween 1st April & 30th June, once between 1st July & 30th September & once between 1st October & 31st December.

Once in the same month.

Once between 1st January & 31st March, once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October & 31st December.

Once in the same month.

Once between 1st January & 31st March, once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October & 31st December.

Once in the same months

Once between 1st January & 31st March. Once between 1st April & 30th June, once between 1st July & 30th September & once between 1st October & 31st December.

Once in the same month.

Once between 1st January & 31st March. Once bet-ween 1st April & 30th June, once between 1st July & 30th September & once between 1st October & 31st December.

Once in the same

ten tons and upwards   month.
(except fishing boats).    
(b) Inland mechanically Do. Once between 1st
propelled vessels.   January & 31st March.
    Once bet-ween 1st
    April & 30th June, once
    between 1st July & 30th
    September & once
    between 1st October &
    31st December.

79[PART X- PORTS UNDER THE CONTROL OF GOVERNMENT OF MARARASHTRA

Name of ports and                 Vessels chargeable                     Rate of port dues

Group within which

they fall

Dues how often chargeable in respect of same vessels

  (2)     (3)    
I-BANDRA GROUP OF PORTS.        
(i) Sea-going vessels of 5 Twenty-five  paise  per  
tons and upwards but less metric ton.      
than 10 tons (excepting          
fishing boats).   Forty paise per metric  
       
      ton.        
(ii)  Sea-going  vessels          
other than power driven Sixty paise per metric  
sea-going vessels of 10 ton.        
tons and upwards          

(excepting fishing boats.)

(iii) Power driven sea-going vessels of 10 tons and upwards.

II-MORA GROUP OF PORTS

(i) Sea-going vessel of 5 Twenty five paise per  
tons and upwards but less metric ton.    
than 10 tons (excepting      
fishing boats).   Forty paise per metric  
       
      ton.    
(ii)  Sea-going  vessels      
other than power driven      
sea-going vessels of 10      
tons and upwards      
(excepting fishing boats.)      
           

(4)

Once in thirty days at the same port.; provided that no coasting vessel or coasting power driven vessel having paid port dues at any port shall be chargeable with port dues again at the same or any other port or the same group within 30 days.

Once in thirty days at the same port; provided that no or coasting power driven vessles having paid port dues at any port shall be chargeable with port dues again at the same or any other port of the

6. Thal (Rewas)    
7. Alibag (including  (iii)  Power  driven  sea- Sixty paise per metric
Dharamtar). going vessels of 10 tons ton.
    and upwards.  

IIII- RAJPURI GROUP OF PORTS

same group within 30 days.

  1. Revdanda
  1. Borli Mandla
  1. Nandgaon
  1. Murud (J)
  1. Rajpuri
  1. Mandad
  1. Kumbharu
  1. Shriwardhan
  1. Bankot
  • Sea-going vessel of 5 tons and upwards but less than 10 tons (excepting fishing boats).
  • Sea-going vessels other than power driven sea-going vessels of 10 tons and upwards (excepting fishing boats).

Twenty-five paise per metric ton.

Forty paise per metric ton.

Once in thirty days at the same port; provided that no coasting power driven vessles having paid port dues at any port shall be chargeable with port dues again at the same or any other port of the same group within 30 days.

  • Power-driven sea-  Sixty paise per metric

going vessels of 10 tons ton. and upwards

IV- RATNAGIRI GROUP OF PORTS

  1. Kelshi
  1. Harnai
  1. Dabhol 4.Palshet
  1. Borya
  1. Jaigad
  1. Voroda (Tiwari)
  1. Ratnagiri
  • Sea-going vessels of 5 tons and upwards but less than 10 tons (excepting fishing boats).
  • Sea-going vessels other than power driven sea-going vessels of 10 tons and upwards (excepting fishing boats.)
  • Power driven sea-going vessels of 10 tons and upwards

Twenty-five paise per metric ton.

Forty paise per metric ton

Sixty paise per metric ton.

Once in thirty days at the same port; provided that no coasting power driven vessles having paid port dues at any port shall be chargeable with port dues again at the same or any other port of the same group within 30 days.

V- VIJAYDURG GROUP OF PORTS

  1. Jaitapur
  1. Vijaydurg
  1. Deogad
  1. Achara
  • Sea-going vessels of 5 tons and upwards but less than 10 tons (excepting fishing boats).
  • Sea-going vessels other than power driven sea-going vessels of 10 tons and upwards

Twenty-five paise per metric ton.

Forty paise per metric ton.

Sixty paise per metric ton.

Once in thirty days at the same port; provided that no coasting or power driven vessles having paid port dues at any port shall be chargeable with port dues again at

  1. Malwan
  1. Nivati
  1. Vengurla
  1. Redi
  1. Kiranpani
(excepting fishing boats).         the same or any  
                  other port of the  
(iii) Power driven sea-         same group within  
        30 days.      
going vessels of 10 tons              
                 
and upwards                      
VI- VENGURLA GROUP OF PORTS.              
(i) Sea-going, vessels of 5 Twenty-five  paise  per Once in thirty days  
tons and upwards but less metric ton.     at the same port;  
than 10 tons (excepting         provided that no  
fishing boats).     Forty paise per metric coasting power  
          ton.       driven   vessels  
                having paid port  
(ii)  Sea-going  vessels          
        dues at any port  
other than power driven Sixty paise per metric  
sea-going vessels of 10 ton.       shall     be  
      chargeable with  
tons and upwards          
        port dues again at  
(excepting fishing boats).          
        the same or any  
                   
(iii) Power driven sea-         other port of the  
        same group within  
going vessels of 10 tons          
        30 days.      
and upwards.                  
                     
  80[PART XI- PORTS UNDER THE CONTROL OF GOVERNMENT OF GUJARAT  
             
  Name of ports. Vessels chargeable Highest rates of port   Dues how often  
              dues leviable subject to   chargeable in respect  
              explanation hereto.   of the same vessel.  
  (1)     (2)     (3) (4)  
I. Bharuch Group of Ports:                  
(1) Umargaon (1) Foreign ships   Re 1.00 p. per ton.   Once  in  30  days  in  
                  case of each vessel.  
(2) Maroli                  
(3) Kolak                  
(4) Umarsadi (2) Coasting ships   Re. 0.50 p. per ton.   Do.  
(5) Valsad                  
(6) Billimora                  
(7) Vansi-Borsi (3) Sailing Vessels   Re. 0.35 p. per ton.   Do.  
(8) Onjal                  
(9) Surat (Magdalla)                  
(10) Bhagva (4) Tugs, ferry and river Re. 0.60 per ton.   Twice in a year i.e. to  
    ships.             say once between the  
(11) Bharuch               1st January to the 30th  
                  June and once  
(12) Dahej               between the 1st July to  
                 
                  the 31st December.  
(13) Khambhat                  
    (5) Foreign ships bringing Re. 2.50 per ton.   Once in 30 days in  
    cargo for transhipment in     case of each vessel.  
    daughter ships.          
    (6)  Daughter ships in Re. 1.00 per ton   -do-  
    ballast being loaded with        
    cargo from tankers and        

leaving for ports other than Gujarat State port.

  1. Bhavnagar Group of Ports :
(1) Bhavnagar (1) Foreign ships. Re 1.00 p. per ton. Once in 30 days in
        case of each vessel.
(2) Gogha      
(3) Talaja (2) Coasting ships. Re. 0.50 p. per ton.
  (3) Sailing Vessels. Re. 0.35 p. per ton.
  (4) Tug, ferry and river Re. 0.60 p. per ton.

ships.

(5) Foreign ships bringing Re. 2.50 p. per ton cargo for transhipment in

daughter ships.

-Do–Do-

Twice in a year i.e. to say once between the 1st January to the 30th June and once between the 1st July to the 31st December.

Once in 30 days in case of each vessel.

    (6) Daughter ships in Re. 1.00 p. per ton. -Do –
    ballast being loaded with    
    cargo from tankers and    
    leaving for ports other than    
    Gujarat State ports.      
III- Mahuva Group of Ports :              
(1) Mahuva (1) Foreign ships.   Re. 1.00 p. per ton Once in 30 days in
                  case of each vessel.
(2) Pipavav Bandar                
(3) Jafrabad (2) Coasting ships.   Re. 0.50 p. per ton. -Do-
(4) Rajpara (3) Sailing Vessels.   Re. 0.35 p. per ton -Do-
    (4) Tugs, Ferry and river Re. 0.60 p. per ton. Twice in a year i.e. to
    ships.           say once between the
                  1st January to the 30th
                  June and once
                  between the 1st July to
                  the 31st December.
    (5) Foreign ships bringing Re. 2.50 p. per ton Once in 30 days in
    cargo for transhipment in   case of each vessel.
    daughter ships.        
    (6) Daughter ships in Re. 1.00 p. per ton. -Do-
    ballast being loaded with    
    cargo form tankers and    
    leaving for ports other than    
    Gujarat State ports.      
IV. Veraval Group of Ports :              
(1) Nawabandar (1) Foreign ships     Re. 1.00 p. per ton Once in 30 days in
                  case of each vessel.
(2) Madhwad                
(3) Kotda (2) Coasting ships.   Re. 0.50 p. per ton -Do-
(4) Veraval                
(5) Mangrol (3) Sailing Vessels.   Re. 0.35 p. per ton -Do-
    (4) Tugs, ferry and river Re. 0.60 p. per ton Twice in a year i.e. to
    ships.           say once between the
                  1st January to the 30th
                  June and once
                  between the 1st July to
                  the 31st December.
    (5) Foreign ships bringing Re. 2.50 p. per ton Once in 30 days in
    cargo for transhipment in   case of each vessel.
                   

daughter ships.

  (6) Daughter ships in Re. 1.00 p. per ton. -Do-
  ballast being loaded with    
  cargo from tankers and    
  leaving for ports other than    
  Gujarat State ports.      
V. Porbandar Group of Ports :              
(1) Porbandar (1) Foreign ships.   Re. 1.00 p. per ton Once in 30 days in
                case of each vessel.
  (2) Coasting ships.   Re. 0.50 p. per ton Do.
  (3) Sailing vessels.   Re. 0.35 p. per ton Do.
  (4) Tugs, Ferry and river Re. 0.60 p. per ton Twice in a year i.e. to
  ships           say once between the
                1st January to the 30th
                June and once
                between the 1st July to
                the 31st December.
  (5) Foreign ships bringing Re. 2.50 p. per ton Once in 30 days in
  cargo for transhipment in   case of each vessel.
  daughter ships.        
    (6) Daughter ships in Re. 1.00 p. per ton.
    ballast being loaded with  
    cargo from tankers and  
    leaving for ports other than  
    Gujarat State port.    
VI. Okha Group of Ports.              
(1) Dwarka (Rupen) (1) Foreign ships.   Re. 1.00 p. per ton.
(2) Okha (2) Coasting ships.   Re. 0.50 p. per ton.
(3) Beyt (3) Sailing Vessels.   Re. 0.35 p. per ton.
    (4) Tugs, ferry and river Re. 0.60 p. per ton.

ships.

    (5) Foreign ships bringing Rs. 2.50 p. per ton  
    cargo for transhipment in    
    daughter ships.          
    (6) Daughter ships in Re. 1.00 p. per ton.  
    ballast being loaded with    
    cargo from tankers and    
    leaving for ports other than    
    Gujarat State port.        
VII. Bedi Group of Ports:                  
(1) Pindhara (1) Foreign ships.     Re. 1.00 p. per ton.  
(2) Salaya                  
(3) Sikka                  
(4)Bedi (including Rozi) (2) Coasting ships     Re. 0.50 p. per ton.  
(5) Jodia (3) Sailing Vessels.     Re. 0.35 p. per ton  
      Tugs, ferry and river   Re. 0.60 p. per ton.  
    (4)    
    ships              
                     

Do

Once in 30 days in case of each vessel.

Do.

Do.

Twice in a year i.e. to say once between the 1st January to the 30th June and once between the 1st July to the 31st December.

Once in 30 days in case of each vessel.

Do.

Once in 30 days in case of each vessel.

Do.

Do.

Twice in a year i.e. to say once between the 1st January to the 30th June and once

between the 1st July to the 31st December.

  (5) Foreign ships bringing
  cargo for transhipment in
  daughter ships.  
  (6) Daughter ships in
  ballast being loaded with
  cargo from tankers and
  leaving for ports other than
  Gujarat State port.  
VIII. Navlakhi Group of Ports :          
(1) Navlakhi (1) Foreign ships  

(2) Coasting ships

(3) Sailing vessels

(4) Tugs, ferry and river ships.

(5) Foreign ships bringing cargo for transhipment in daughter ships.

(6) Daughter ships in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State port.

IX. Mandvi Group of ports :    
(1) Mundra (1) Foreign ships
(2) Mandvi (2) Coasting ships
(3) Jakhau (3) Sailing Vessels
(4) Koteshwar (4) Tugs, ferry and river
    ships.

(5) Foreign ships bringing cargo for transhipment in daughter ships.

(6) Daughter ships in ballast being loaded with cargo from tankers and leaving for ports other than Gujarat State port.

Re. 2.50 p. per ton.

Re. 1.00 p. per ton.

Re. 1.00 p per ton.

Re. 0.50 p. per ton. Re. 0.35 p. per ton. Re. 0.60 p. per ton.

Re. 2.50 p. per ton.

Re. 1.00 p. per ton.

Re. 1.00 p. per ton.

Re. 0.50 p. per ton. Re. 0.35 p. per ton. Re. 0.60 p. per ton.

Re. 2.50 p. per ton.

Re. 1.00 p. per ton.

Once in 30 days in case of each vessels.

Do.

Once in 30 days in case of each vessel.

Do

Do.

Twice in a year i.e. to say once between the 1st January to the 30th June and once between the 1st July to the 31st December.

Once in 30 days in case of each vessel.

Do.

Once in 30 days in case of each vessel.

Do .

Do.

Twice in a year i.e. to say once between the 1st January to the 30th June and once between the 1st July to the 31st December.

Do.

Explanations to Part XI of the First Schedule

Explanation 1-

(a) The ports shown Under each of the nine groups in the first column of the table shall be treated as if they were only one port. The payment of the dues at the first Port called in a group shall exempt the vessel for the period

shown in column 4 in the table from the liability of payment of the dues, again on re-entering or entering that or any other port in the same group.

  • No port dues shall be charged in respect of vessel of less than 10 tons or any fishing boat.
  • A vessel in distress with no cargo on board brought into harbour in tow shall be charged with three-fourths of port-dues.
  • A coastal ship entering a port, bringing coal or taking salt shall be charged port dues at ten per cent. less than the rates with which she would, otherwise be chargeable.

Explanation 2.-

  • In determining of the measurement of the net tonnage for the purpose of calculating the charges, a fraction of half a ton or more shall be counted as one ton and less than half ton shall be ignored.
  • The period of thirty days shall be reckoned from the date of entry of the vessel into the port.
  • "Vessel" includes any ship, boat, sailing vessel or other description of vessel used in the navigation.
  • "Sailing vessel" means any description of vessel provided with sufficient sail area for navigation. under sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or canoe but does not include a pleasure craft.
  • "ship" does not include a sailing vessel.
  • "coastal ship" means a ship which at any port in Gujarat discharges exclusively from or takes any cargo exclusively for any port in the Republic of India and is not engaged in overseas trade.
  • "Foreign Ship" means a ship which is not a coasting ship.

Explanation 3.-lf the vessel. in the course of her voyage or during stay in the port, changes her character from a coasting vessel to a foreign ship or vice versa, port dues shall be charged at the rates leviable in respect of foreign ships.

Explanation 4.-

  • A vessel entering a port and taking in only provisions, water, bunker-coal or liquid fuel for her own consumption shall be charged port dues at half the rate with which she would otherwise be chargeable.
  • A vessel that has paid half the port dues under clause (a) above re-enters the same port with cargo or passengers or both within thirty days from the date of its previous entry in the port shall be charged the difference between the dues already paid and those payable at the full rate.

Explanation 5.-When a vessel which has been charged port dues, leviable under Government of Gujarat, Public Works Department, Notification No. G/J/48/75/IPA-2975-M, dated the 5th December, 1975, re-enters the same port with cargo or passengers or for any other purpose within thirty days from the date of its previous entry on the port, it shall be charged the difference between the dues already paid and those with which she would otherwise be chargeable.]

[THE SECOND SCHEDULE- Repealed by the Repealing Act, 1938 (1 of 1938)]

Foot Notes

  1. Enacted w.e.f. 18th December, 1908.
  1. Substituted by the A.O. 1937, for the words "Local Government".
  1. Substituted by the A.O. 1950, for the words "His Majesty".
  1. The words "or the Government of India" omitted by the A.O. 1937.
  1. Substituted by the Port Laws (Amendment) Act, 1997 (Act No. 15 of 1997) dated 25th March, 1997 for clause

(1).

  1. Inserted by Act 35 of 1951, section 188.
  1. Inserted, ibid.
  1. Clause (10) omitted by Act 3 of 1951.
  1. Omitted by Act 6 of 1916.
  1. Omitted by Act 6 of 1916.
  1. Inserted by Act 17 of 1978.
  1. Inserted by Act 39 of 1923.
  1. Inserted by Act 9 of 1925.
  1. Inserted by Act No. 15 of 1997, dated 25th March, 1997.
  1. Substituted by the A.O. 1950, for the word "Crown" which had been Substituted by the A.O. 1937, for the word "Government."
  1. Substituted by Act No. 15 of 1997, dated 25th March, 1997 for clause (jj).
  1. Substituted by Act 15 of 1997, dated 25th March, 1997 for clause (k).
  1. Substituted by Act 4 of 1911, section 2 for clause (p).
  1. Omitted by the A.O. 1937.
  1. Sub-section (1A) omitted by Act 26 of 1938.
  1. The words, brackets, figure and letter "and sub-section (1A)" Inserted by Act 15 of 1922 omitted, ibid.
  1. Inserted by Act 20 of 1983, w.e.f. 15th. March, 1984.
  1. Substituted, ibid., for the words "that Government".
  1. Substituted by Act 55 of 1952, for the words "six months".
  1. Inserted by Act 55 of 1952.
  1. See now the Merchant Shipping Act, 1958 (44 of 1958).
  1. 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.
  1. Inserted by Act 39 of 1923.
  1. Substituted, ibid., for the words "or thrown".
  1. Substituted, ibid., for the words "or throw it". 31.Substituted by Act 55 of 1952.
  1. Inserted by Act 36 of 1925.
  1. Substituted by the A.O. 1937, for the words "Governor-General in Council".
  1. Inserted by Act 6 of 1916.
  1. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and (5) respectively by Act No. 6 of 1916.
  1. Sub-sections (4) and (5), as re-numbered by Act 6 of 1916, omitted by Act 36 of 1925.
  1. Inserted by Act 6 of 1916.
  1. Substituted ibid, for the words "within its own province."
  1. The words "British India" successively Substituted by the A.O. 1948 and the A.O. 1950 to read as above.
  1. Proviso omitted by the A.O. 1937.
  1. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and (5) respectively by Act 6 of 1916.
  1. Certain words omitted by Act 6 of 1916.
  1. Proviso omitted by the A. O. 1937.
  1. Earlier section 34 substituted by Act No. 15 of 1997, dated 25th March, 1997.
  1. Proviso omitted by the A. O. 1937.
  1. Inserted by Act 35 of 1951, section 190.
  1. Substituted by the A.O. 1937, for the words "that Government".
  1. Inserted by Act 35 of 1951.
  1. Sub-section (5) omitted by Act 6 of 1916.
  1. Substituted by Act 35 of 1951, 191 for clause (a).
  1. Inserted by Act 35 of 1951.
  1. Inserted, ibid.
  1. Proviso omitted, ibid.
  1. Omitted, ibid.
  1. Omitted by the A.O. 1948.
  1. The words "British India" submissively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951.
  1. The word "Government" successively Substituted by the A. O. 1937 and the A. O. 1950.
  1. Substituted ibid., for the words "Local Government".
  1. Substituted by Act 35 of 1950.
  1. Substituted by the A. O. (No. 2), 1956, for the words "in the State of Madras or in the State of Andhra".
  1. Substituted by the A. O. 1950, for the words "any of His Majesty's subjects".
  1. Substituted, ibid., for the words "British colours".
  1. Substituted, ibid., for the words "His Majesty's regulations."
  1. Substituted by the A. O. 1250, for the words "His Majesty's Navy or the Royal Indian Navy".
  1. Inserted, ibid.
  1. Substituted ibid., for the words "with the previous sanction of the Local Government".
  1. Inserted by Act 6 of 1916.
  1. Ins by Act 35 of 1951.
  1. This Schedule is liable to variation by notifications of State Government, and for any change thereof notification of the State concerned should be consulted.
  1. 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.
  1. Entries under columns 2, 3 and 4 omitted by Act No. 15 of 1997, dated 25th March 1997.
  1. Added by notification No. 1317 PD, dated 29th. April, 1978, Gazette of Orissa.
  1. Added by notification No. G.O. Ms. 253 dated 28th. April, 1968, Gazette of Andhra Pradesh.
  1. Added by notification No.11. (2)/ TRA/ 1914(c)/ 78, dated 1st. May, 1978, Gazette of Tamil Nadu.
  1. Inserted by notification No. G.O. Ms. 70/78-Pt., dated 1st. May, 1978, Gazette of Pondicherry.
  1. Added by notification No. S.R.O. 373/78 dated 26th. January, 1978, Gazette of Kerala.
  1. Inserted by notification No. P.W.D 42 PSP 77 dated 29th. April, 1978, Gazette of Karnataka (Extraordinary) Part IV-2 c(ii).
  1. Inserted by notification No. 1/605/78/IPD, dated 1st. May, 1978, Gazette of Goa, Daman and Diu.
  1. Inserted by notification No. IPA 1077/264/36-TR, dated 21st. March, 1978, Gazette of Maharashtra.
  1. Inserted by Notification No. G/ J/ 16/ IPA/ 1077/ 95 M dated 1st. May, 1978, Gazette of Gujrat, Extraordinary,

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