THE INDIAN PORTS ACT, 19081
(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
(1) This Act may be
called the Indian Ports Act, 1908.
(2) It shall extend, save
as otherwise appears from its subject or context,-
(a) to the ports
mentioned in the first schedule, and to such parts of the navigable rivers and
channels leading to such ports respectively as have been declared, to be subject
to Act XXII of 1855 ( for the Regulation of Ports and Port-dues) or to the
Indian Ports Act, 1875 (12 of 1875), or to the Indian Ports Act, 1889 (10 of
1889);
(b) to the other ports or
parts of navigable rivers or channels to which the 2[Government] in
exercise of the power hereinafter conferred, extends this Act.
(3) But nothing in
section 31 or section 32 shall apply to any port, river or channel to which the
section has not been specially extended by the 2[Government].
2. Saving
Nothing in this Act
shall-
(i) apply to any vessel
belonging to, or in the service of, 3[the Central Government or a
State Government] 4[***] or to any vessel of war belonging to any
Foreign Prince or State, or
(ii) deprive any person
of any right of property or other private right, except as hereinafter expressly
provided, or
(iii) affect any law or
rule relating to the customs or any order or direction lawfully made or given
pursuant thereto.
3. Definitions
In this Act, unless there
is anything repugnant in the subject or context,-
5[(1)
"Magistrate" means a person exercising powers under the Code of Criminal
Procedure, 1973]
(2) "master", when used
in relation to any vessel 6[or any aircraft making use of any port],
means , subject to the provisions of any other enactment for the time being in
force, any person (except a pilot or harbour-master 6[of the port])
having for the time being the charge or control of the vessel 6[or
the aircraft, as the case may be] ;
(3) "pilot" means a
person for the time being authorised by the 2[Government] to pilot
vessels.
(4) "port" includes also
any part of a river or channel in which this Act is for the time being in
force;
(5) "port-officer" is
synonymous with master-attendant;
(6) "ton" means a ton as
determined or determinable by the rules for the time being in force for
regulating the measurement of the net tonnage of British ships; and
(7) "vessel" includes
anything made for the conveyance 6[mainly] by water of human beings
or of property;
7[(8) "major
port" means any port which the Central Government may by notification in the
Official Gazette declare, or may under any law for the time being in force have
declared, to be a major port;
(9) "Government", as
respects major ports, for all purposes, and, as respects other ports for the
purposes of making rules under clause (p) of section 6(1) and of the appointment
and control of port health officers under section 17, means the Central
Government, and save as aforesaid, means the State Government.]
8[***]
CHAPTER
II: POWERS OF THE 2[GOVERNMENT]
4. Power to extend or withdraw the Act or
certain portions thereof
(1) 9[***]
2[Government] may, by notification in the Official Gazette,-
(a) extend this Act to
any port in which this Act is not in force or to any part of any navigable river
or channel which leads to a port and in which this Act is not in force;
(b) specially extend the
provisions of section 31 or section 32 to any port to which they have not been
so extended;
(c) withdraw this Act or
section 31 or section 32 from any port or any part thereof in which it is for
the time being in force.
(2) A notification under
clause (a) or clause (b) of sub-section (1) shall define the limits of the area
to which it refers.
(3) Limits defined under
sub-section (2) may include any piers, jetties, landing-places, wharves, quays,
docks and other works made on behalf of the public for convenience of traffic,
for safety of vessels or for the improvement, maintenance or good government of
the port and its approaches whether within or without high-water-mark, and,
subject to any rights of private property therein, any portion of the shore or
bank within fifty yards of high-water-mark.
(4) In sub-section (3)
the expression "high-water-mark" means the highest point reached by ordinary
spring tides at any season of the year.
5. Alteration of limits of ports
(1) The
2[Government] may, 10[***] subject to any rights of
private property, alter the limits of any port in which this Act is in
force.
11[Explanation.- For the removal of doubts, it is hereby
declared that the power conferred on the Government by this sub-section includes
the power to alter the limits of any port by uniting with that port any other
port or any part of any other port.]
(2) When the
2[Government] alters the limits of a port under sub-section (1), it
shall declare or describe, by notification in the Official Gazette, and by such
other means, if any, as it thinks fit, the precise extend of such limits.
6. Power to make part-rules
(1) The
2[Government] may, in addition to any rules which it may make under
any other enactment for the time being in force, make such rules, consistent
with this Act, as it thinks necessary for any of the following purposes, namely
:-
(a) for regulating the
time and hours at and during which, the speed at which, and the manner and
conditions in and on which, vessels generally or vessels of any class defined in
the rules, may enter, leave or be moved in any port subject to this Act;
(b) for regulating the
berths, stations and anchorages to be occupied by vessels in any such port;
(c) for striking the
yards and top masts, and for rigging-in the booms and yards, of vessels in any
such port, and for swining or taking-in davits, boats and other things
projecting from such vessels;
(d) for the removal or
proper hanging or placing of anchors, spars and other things being in or
attached to vessels in any such port;
(e) for regulating
vessels whilst taking-in or discharging passengers, ballast or cargo, or any
particular kind of cargo, in any such port, and the stations to be occupied by
vessels whilst so engaged;
12[(ee) for
regulating the manner in which oil or water mixed with oil shall be discharged
in any such port and for the disposal of the same;]
13[(eee) for
regulating the bunkering of vessels with liquid fuel in any such port and the
description of barges, pipe lines or tank vehicles to be employed in such
bunkering;]
(f) for keeping free
passages of such width as may be deemed necessary within any such port and along
or near to the piers, jetties, landing-places, wharves, quays, docks moorings
and other works in or adjoining to the same, and for marking out the spaces so
to be kept free;
(g) for regulating the
anchoring, fastening, mooring and un-mooring of vessels in any such port;
(h) for regulating the
moving and warping of all vessels within any such port and the use of warps
therein;
(i) for regulating the
use of the mooring buoys, chains and other moorings in any such port;
(j) for finding the rates
to be paid 14[in a port other than a major port] for the use of such
moorings when belonging to the 15[Government], or of any boat, hawser
or other thing belonging to the Government];
16[(jj) for
regulating the use of piers, jetties, landing places, wharves, quays, warehouses
and sheds when belonging to the Government;
(jja) for fixing the
rates to be paid for the use of piers, jetties, landing places, wharves, quays,
warehouse and sheds of any port, other than a major port, when belonging to the
Government;]
17[(k) for
licensing and regulation catamarans plying for hire, and flats and cargo,
passenger and other boats plying, whether for hire or not, and whether regularly
or only occasionally, in or partly within and partly without any such port, and
for licensing and regulating the crews of any such vessels; and for determining
the quantity of cargo or number of passengers or of the crews to be carried by
any such vessels and the conditions under which such vessels shall be compelled
to ply for hire and further for conditions under which any licence may be
revoked;
(kk) for providing for
the fees payable in respect of the services specified in clause (k) for any
port, other than a major port;]
(l) for regulating the
use of fires and lights within any such port;
(m) for enforcing and
regulating the use of signals or signal-lights by vessels by day or by night in
any such port;
(n) for regulating the
number of. the crew which must be, on board any vessel afloat within the limits
of any such port;
(o) for regulating the
employment of persons engaged in cleaning or painting vessels, or in working in
the bilges, boilers or double bottoms of vessels in any such port;
18[(p)
19[***] for the prevention of danger arising to the public health by
the introduction and the spread of any infectious or contagious disease from
vessels arriving at, or being in, any such and for the prevention of the
conveyance of infection or contagion by means of any vessel sailing from any
such port, and in particular and without prejudice to the generality of this
provision, for-
(i) the signals to be
hoisted and the places of anchorage to be taken up by such vessels having any
case, or suspected case, of any infectious or contagious disease on board, or
arriving at such port from a port in which, or in the neighbourhood of which,
there is believed to be, or to-have been at the time when the vessel left such
port, any infectious or contagious disease;
(ii) the medical
inspection of such vessels and of persons on board such vessels;
(iii) the questions to be answered and the information to be supplied by masters, pilots and other persons on board such vessels;
(iv) the detention of
such vessels and of persons on board such vessels;
(v) the duties to be
performed in cases of any such disease by masters, pilots and other persons on
board such vessels;
(vi) the removal to
hospital or other place approved by the health-officer and the detention therein
of any person from any such vessel who is suffering or suspected to be suffering
from any such disease;
(vii) the cleansing,
ventilation and disinfection of such vessels or any part thereof and or of any
articles therein likely to retain infection or contagion, and the destruction of
rats or other vermin in such vessels; and
(viii) the disposal of
the dead on such vessels; and]
(q) for securing the
protection from beat of the officers and crew of vessels in any such port by
requiring the owner or master of any such. vessel:-
(i) to provide curtains
and double awnings for screening from the sun's rays such portions of the deck
as are occupied by, or are situated immediately above, the quarters of the
officers and crew,
(ii) to erect windsails
so far as the existing portholes or apertures in the deck admit of their being
used for ventilating the quarters of the officers and crew;
(iii) when the deck is
made of iron and not wood-sheathed, to cover with wooden planks or other
suitable non-conducting material such portions of the deck as are situated
immediately above the quarters of the officers and crew;
(iv) when the quarters
used by the crew and the galley are separated by an iron bulk-head only to
furnish a temporary screen of some suitable non-conducting material between such
quarters and the galley.
20[***]
(2) The power to, make
rules under Sub-section (1) 21[***] is subject to the condition of
the rules being made after previous publication:
Provided that nothing in
this sub-section shall be construed to affect the validity of any rule in force
immediately before the commencement of the Indian Ports Act, 1889 (10 of 1889),
and continued by section 2, sub-section (2), of that Act.
22[(2A) Every
rule made by the State Government under this Act shall be laid as soon as may be
after it is made, before the State Legislature.
(2B) Every rule made by
the Central Government under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which. may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session, immediately
following the session or the successive Sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such modified form or
be of no effect. as the case may be; so, however, that any such modification, or
annulment shall be without prejudice to the validity of anything previously done
under that rule].
(3) If any person
disobeys any rule made under clause (p) of subsection (1), he shall be
punishable for every such offence with fine which may extend to one thousand
rupees.
(4) If a master fails
wholly or in part to do any act prescribed by any rule made under clause (p) of
sub-section (1) the health-officer shall cause such act to be done, and the
reasonable expenses incurred in doing such act shall be recoverable by him from
such master.
CHAPTER
III: PORT-OFFICIALS AND THEIR POWERS AND DUTIES
7. Appointment of conservator
(1) The
2[Government] shall appoint some officer or body of persons to be
conservator of every part subject to this Act.
(2) Subject to any
direction by the 20[Government] to the contrary,-
(a) in ports where there
is a port-officer, the port-officer shall be the conservator;
(b) in ports where there
is no port-officer, but where there is a harbour-master, the harbour master
shall be the conservator.
(3) Whom the,
harbour-master is not conservator, the harbour-master and his assistants shall
be subordinate to, and subject to the control of, the conservator.
(4) The conservator shall
be subject to the control of the 2[Government], or of any
intermediate authority which 23[the Government] may appoint.
8. Power of conservator to give and enforce
directions for certain specified purposes
(1) The conservator of
any port subject to this Act may, with respect to any vessel within the-port,
give directions for carrying into effect any rule for the time being in force
therein under section 6.
(2) If any person
wilfully and without lawful excuse refuses or neglects to obey any lawful
direction of the conservator, after notice thereof has been given to him, he
shall, for every such offence, be punishable with fine which may extend to one
hundred rupees, and in the case of a continuing offence with a further fine
which may extend to one hundred rupees for every day during which, after such
notice as aforesaid, he is proved to have wilfully and without lawful. excuse
continued to disobey the direction.
(3) In case of such
refusal or neglect, the conservator may do, or cause to be done, all act
necessary for the purpose of carrying the direction into execution, and may hire
and employ proper persons for that purpose, and all reasonable expenses incurred
in doing such acts shall be recoverable by him from the person so refusing or
neglecting to obey the direction.
9. Power to cut warps and ropes
The conservator of any
such port may, in case of urgent necessity, cut or cause to be cut, any warp,
rope cable or hawser endangering the safety of any vessel in the port or at or
near to the entrance thereof.
10. Removal of obstructions within limits of
port
(1) The conservator may
remove, or caused to be removed, any timber, raft or other thing, floating or
being in any part of any such port, which in his opinion obstructs or impedes
the free navigation thereof or the lawful use of any pier, jetty, landing-place
wharf, quay, dock, mooring or other work on any part of the shore or bank which
has been declared to be within the limits of the port and is not private
property.
(2) The owner of any such
timber, raft or other thing shall be liable to pay the reasonable expenses of
the removal thereof, and if such owner or any other person has without lawful
excuse caused any such obstruction or impediment, or causes any public nuisance
affecting or likely to affect such free navigation or lawful use, he shall also
be punishable with fine which may extend to one hundred rupees.
(3) The conservator or
any Magistrate having jurisdiction over the offence may cause any such nuisance
to be abated.
11. Recovery of expenses of removals
If the owner of any such
timber, raft or other thing, or the person who has caused any such obstruction,
impediment or public nuisance as is mentioned in the last foregoing section,
neglects to pay the reasonable expenses incurred in the removal thereof, within
one week after demand, or within fourteen days after such removal has been
notified in the official Gazette or in such other manner as the
2[Government] by general or special order, directs, the conservator
may cause such timber, raft or other thing, or the materials of any public
nuisance so removed, or so much thereof as may be necessary, to be sold by
public auction;
and may retain all the
expenses of such removal and sale out of the proceeds of the sale, and shall pay
the surplus of such proceeds, or deliver so much of the thing or materials as
may remain unsold, to the person entitled to receive the same;
and, if no such person
appears, shall cause the same to be kept and deposited in such manner as the
2[Government] directs;
and may, if necessary
from time to time, realise the expenses of keeping the same, together with the
expenses of sale, by a further sale of so much of the thing or materials as may
remain unsold.
12. Removal of lawful
obstructions
(1) If any obstruction or
impediment to the navigation of any port subject to this Act has been lawfully
made, or has become lawful by reason of the long continuance of such obstruction
or impediment, or otherwise, the conservator shall report the same for the
information of the 2[Government], and shall, with the sanction of
23[the Government], cause the same to be removed or altered, making
reasonable compensation to the person suffering damage by such removal or
alteration.
(2) Any dispute arising
concerning such compensation shall be determined according to the law relating
to like disputes in the case of land required for public purposes.
13. Fouling of Government
moorings
(1) If any vessel hooks
or gets foul of any of the buoys or moorings laid down by or by the authority of
the 2[Government] in any such port, the master of such vessel shall
not, nor shall any other person, except in case of emergency, lift the buoy or
mooring for the purpose of unhooking or getting clear from the same without the
assistance of the conservator.
and the conservator,
immediately on receiving notice of such accident, shall assist and superintend
the clearing of such vessel;
and the master of such
vessel shall, upon demand, pay such reasonable expenses as may incurred in
clearing the same.
(2) Any master or other
person offending against the provisions of this section shall, for every such
offence, be punishable with fine which may extend to one hundred rupees.
14. Raising or removal or wreck impeding
navigation within limits of port
(1) If any vessel is
wreck stranded or sunk in any such port so as to impede, or be likely to impede,
the navigation thereof, the conservator may cause the vessel to be raised,
removed or destroyed.
(2) If any property
recovered by a conservator acting under sub-section (1) is unclaimed or the
person claiming it fails to pay the reasonable expenses incurred by the
conservator under that sub-section and a further sum of twenty per cent. of the
amount of such expenses, the conservator may sell the property by public
auction, if the property is of a perishable nature, forthwith, and, if it is not
of a perishable nature, at any time not less than 24[two months]
after the recovery thereof.
(3) The expenses and
further sum aforesaid shall be payable to the conservator out of the sale
proceeds of the property, and the balance shall be paid to the person entitled
to the property recovered or if no such person appears and claims the balance,
shall be held in deposit for payment, without interest, to any person thereafter
establishing his right thereto:
Provided that the person
makes his claim within three years from the date of the sale.
25[(4) Where
the sale proceeds of the property are not sufficient to meet the expenses and
further sum aforesaid, the owner of the vessel at the time the vessel was
wrecked, stranded or sunk shall be liable to pay the deficiency to the
conservator on demand, and if the deficiency be not paid within
One month of such demand
the conservator may recover the deficiency from such owner in the manner laid
down in sub-section (2) of section 57 for recovery of expenses and damages or in
any other manner according as the deficiency does not or does exceed one
thousand rupees.]
15. Power to board vessels and enter
buildings
(1) The conservator or
any of his assistant may, whenever he suspects that any offence against this Act
has been, or is about to be, committed or whenever it is necessary for him so to
do in the performance of any duty imposed upon him by this Act,
and the person appointed
under this act to receive any port dues, fees or other charges payable in
respect of any vessel, may, whenever it is necessary for him so to do in the
performance of any duty imposed upon him by this Act,
either alone or with any
other person, board any vessel, or enter any building or place, within the
limits of any port subject to this Act.
(2) If the master of the
vessel, or any person in possession or occupation of the building or place,
without lawful excuse, refuses to allow any such person as is mentioned in
sub-section (1) to board or enter such vessel, building or place in the
performance of any duty imposed upon him by this Act, he shall for every such
offence be punishable with fine which may extend to two hundred rupees.
16. Power to require crews to prevent or
extinguish fire
(1) For the purpose of
preventing or extinguishing fire in any port subject to this Act, the
conservator or port-officer may require the master of any vessel within the port
to place at his disposal such number as he requires, not exceeding
three-fourths, of the crew then under the orders of such master.
(2) Any master refusing
or neglecting to comply with such requisition shall be punishable with fine
which may extend to five hundred rupees, and any seaman then under his orders
who, after being directed by the master to obey the orders of the conservator or
port-officer for the purpose aforesaid, refuses to obey such orders, shall be
punishable with fine which may extend to twenty-five rupees.
17. Appointment and powers of
health-officer
(1) The
2[Government] may appoint at any port subject to this Act an officer
to be called the health-officer.
(2) A health-officer
shall, subject to the control of the 2[Government], have the
following powers, within the limits of the port for which he is appointed,
namely
(a) with respect to any
vessel, the powers conferred on a shipping-master by the Indian Merchant
Shipping Act, 185926 (1of 1859), section 71;
(b) power to enter on
board any vessel and medically examine all or any of the seaman or apprentices
on board the vessel;
(c) power to require and
enforce the production of the log-book and any other books, papers or documents
which he thinks necessary for the purpose of enquiring into the health and
medical condition of the persons on board the vessel;
(d) power to call before
him and question for any such purpose all or any of those persons and to require
true answers to any questions which he thinks fit to ask
(e) power to require any
person so questioned to make and subscribe a declaration of the truth of the
statements made by him.
18. Indemnity of Government against act or
default of port-official or pilot
The Government shall not
be responsible for any act or default of any conservator, port-officer or
harbour-master, of any port subject to this Act, or of any deputy or assistant
of any of the authorities aforesaid, or of any person acting under the control
or direction of any such authority, deputy or assistant, or for any act or
default of any pilot, or for any damage sustained by any vessel in consequence
of any defect in any of the moorings, hawsers or other things belonging to the
Government which may be used by the vessel
Provided that nothing in
this section shall protect 27[the Government] from a suit a respect
of any act done by or under the express order or sanction of the Government
CHAPTER
IV: RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS
General
Rules
19. Injuring buoys, beacons and
moorings
(1) No person shall,
without lawful excuse, lift, injure, loosen or set adrift any buoy, beacon or
mooring fixed or laid down by, or by the authority, of the
2[Government] in any port subject to this Act.
(2) If any person offends
against the provisions of this section, he shall for every such offence be
liable, in addition to the payment of the amount of damage done, to fine which
may extend to two thousand rupees, or to imprisonment for a term which may
extend to two years.
20. Wilfully loosening vessel from
moorings
If any person wilfully
and without lawful excuse loosens or removes from her moorings any vessel within
any such port without leave or authority from the owner or master of the vessel,
he shall, for every such offence, be punishable with fine which may extend to
two hundred rupees, or with imprisonment for a term which may extend to six
months.
21. Improperly discharging
ballast
(1) No ballast or
rubbish, and no other thing likely to form a bank or shoal or to be detrimental
to navigation, shall, without lawful excuse, be cast or thrown into any such
port or into or upon any place on shore from which the same is liable to be
washed into any such port, either by ordinary or high tides, or by storms or.
land-floods 28[and no oil or water mixed with oil shall be discharged
in or into any such port, to which any rules made under clause (ee) of
sub-section (1) of section 6 apply, otherwise than in accordance with such
rules].
(2) Any person who by
himself or another so casts or throws any ballast or rubbish or any such other
thing 28[or so discharges any oil or water mixed with oil], and the
master of any vessel from which the same is so cast, 29[thrown or
discharged], shall be punishable with fine which may extend to five hundred
rupees, and shall pay any reasonable expenses which may be incurred in removing
the same.
(3) If after receiving
notice from the conservator of the port to desist from so casting or throwing
any ballast or rubbish or such other thing 28[or from so discharging
any oil or water mixed with oil], any master continues so to cast,
30[throw or discharge the same], he shall also be liable to simple
imprisonment for a term which may extend to two months.
(4) Nothing in this
section applies to any case in which the ballast or rubbish or such other thing
is cast or thrown into 28[or the oil or water mixed with oil is
discharged in or into] any such port with the consent in writing of the
conservator, or within any limits within which such act may be authorised by the
2[Government].
22. Graving vessel within prohibited
limits
If any person graves,
breams or smokes any vessel in any such port, contrary to the directions of the
conservation, or at any time or within any limits at or within which such act is
prohibited by the 2[Government], he and the master of the vessel
shall for every such offence be punishable with fine which may extend to five
hundred rupees each.
23. Boiling pitch on board vessel within
prohibited limits
If any person boils or
heats any pitch, tar, resin, dammer, turpentine, oil, or other such combustible
matter on board any vessel within any such port, or at any place within its
limits where such act is prohibited by the 2[Government], or contrary
to the directions of the conservator, he and the master of the vessel shall for
every such offence be punishable with fine which may extend to two hundred
rupees each.
24. Drawing spirits by unprotected artificial
light
If any person, by an
unprotected artificial light, draws off spirits on board any vessel within any
port subject to this Act, he and the master of the vessel shall for every such
offence be punishable with fine which may extend to two hundred rupees
each.
25. Warping
(1) Every master of a
vessel in any port subject to this Act shall, when required so to do by the
conservator, permit warps or hawsers to be made fast to the vessel for the
purpose of warping any other vessel in the port, and shall not allow any such
warp or hawser to be let go until required so to do.
(2) A master offending
against sub-section (1) shall be punishable for every such offence with fine
which may extend to two hundred rupees.
26. Leaving out warp or hawser after
sunset
(1) A master of a vessel
shall not cause or suffer any warp or hawser attached to his vessel to be left
out in any port subject to this Act after sunset in such a manner as to endanger
the safety of any other vessel navigating in the port.
(2) A master offending
against sub-section (1) shall be punishable for every such offence with fine
which may extend to two hundred rupees.
27. Discharge of fire-arms in
port
If any person, without
lawful excuse, discharges any firearm in any port subject to this Act or on or
from any pier, landing place, warp or quay thereof, except a gun loaded only
with gunpowder for the purpose of making a signal of distress, or for such other
purposes as may be allowed by the 2[Government], he shall for every
such offence be punishable with fine which may extend to fifty rupees.
28. Penalty on master omitting to take order
to extinguish fire
If the master of any
vessel in which fire takes place while lying in any such port wilfully omits to
take order to extinguish the fire or obstructs the conservator or the
port-officer, or any person acting under the authority of the conservator or
port-officer, in extinguishing or attempting to extinguish the fire, he shall be
punishable with imprisonment which may extend to six months, or with fine which
may extend to one thousand rupees or with both.
29. Unauthorised person not to search for
lost stores
(1) No person, without
the permission of the conservator, shall, in any port subject to this Act, creep
or sweep for anchors, cables or other stores lost or supposed to be lost
therein.
(2) If any person offends
against the provisions of sub-section (1), he shall be punishable with fine
which may extend to one hundred rupees.
30. Removing stones or. injuring shores of
port prohibited
(1) No person without the
permission of the conservator shall in any port subjects to this Act remove or
carry away any rock, stones, shingle, gravel, sand or soil or any artificial
protection from any part of the bank or shore of the port.;
and no person shall sink
or bury in any part of such bank or shore, whether the game is public or private
property, any mooring-post, anchor or any other thing or do any other thing
which is likely to injure or to be used so as to injure such bank or shore,
except with the permission of the conservator, and with the aid or under the
inspection of such person, if any, as the conservator may appoint to take part
in or overlook the performance of such work.
(2) If any person offends
against sub-section (1), he shall for every such offence be punishable with fine
which may extend to one hundred rupees and shall pay any reasonable expenses
which may be incurred in repairing any injury done by him to the bank or
shore.
Special
rules
31. Moving of vessels without pilot or
permission of harbour master
(1) No vessel of the
measurement of two hundred tons or upwards shall enter, leave or be moved in any
port to which this section has been especially extended without having a pilot,
harbour-master or assistant of the port-officer or harbour-master on board.
31[and no
mechanically propelled vessel of any measurement less than two hundred tons and
no other vessel of any measurement legs than two hundred tons and exceeding one
hundred tons] shall enter, leave or be moved in any such port without having a
pilot, harbour-master or assistant of the port officer or harbour-master on
board, unless authority in writing so to do has been obtained from the
conservator or some officer empowered by him to give such authority.
32[Provided
that the 33[Government] may, by notification in the Official Gazette,
direct that in any port specified in such notification the provisions of this
sub-section shall not apply to sailing vessels of any measurement not exceeding
a measurement go specified].
34[(2)
Notwithstanding anything in sub-section (1), the owner or master of a vessel
which is by that sub-section required to have a pilot, harbour-master or
assistant of the port-officer or harbourmaster on board, shall be answerable for
any loss or damage caused by the vessel or by any fault of the navigation of the
vessel, in the same manner as he would have been if he had not been go required
by that sub-section:
Provided that the
provisions of this sub-section shall not take effect till the first day of
January, 1918, or such earlier date as the Central Government may notify in that
behalf in the Official Gazette.]
35[(3)] If any
vessel, except in case of urgent necessity, enters, leaves or is moved in the
port contrary to the provisions of subsection (1), the master of the vessel
shall for every such offence be punishable with fine which may extend to two
hundred rupees, unless upon application to the proper officer the master was
unable to procure a pilot, harbour-master or assistant of the port-officer or
harbour-master to go on board the vessel.
36[***]
32. Provision of certain vessels with fire
extinguishing apparatus
(1) Every vessel
exceeding the measurement of two hundred tons and lying in any port to which
this section has been specially extended shall be provided with a proper
force-pump and hose and appurtenances, for the purpose of extinguishing any fire
which may occur on board.
(2) The master of such a
vessel who, having been required by the conservator to comply with the
provisions of sub-section (1), neglects or refuses, without lawful excuse, so to
do for the space of seven days after such requisition, shall be punishable with
fine which may extend to five hundred rupees.
CHAPTER V:
PORT-DUES, FEES AND OTHER CHARGES
33. Levy of port-dues
(1) 37[Subject
to the provisions of sub-section (2)], in each of the ports mentioned in the
first schedule 14[other than a major port] such port-due, not
exceeding the amount specified for the part in the third column of the schedule
as the 2[Government] directs, shall be levied on vessels entering the
port and described in the second column of the schedule, but riot oftener than
the time fixed for the port in the fourth column of the schedule.
37[(2) The
2[Government] may, by notification in the Official Gazette, alter or
add to any entry in the first schedule relating to ports 38[in
39[any State] or, as the case may be, in the State], and this power
shall include the power to regroup any such ports.:
40[***]
41[(3)]
Whenever the 2[Government] 42[***] declares any other port
14[other than a major port] to be subject to this Act it may,
42[***] by the same or any subsequent declaration further
declare,-
(a) in the terms of any
of the entries in the second column of the first schedule, the vessels which are
to be chargeable with port-dues on entering the port.
(b) the highest rates at
which such dues may be levied in respect of vessels chargeable there with,
and
(c) the times at which
such vessels are to be so chargeable.
43[***]
41[(4)] All
port-dues now leviable in any port shall continue to be so leviable until it is
otherwise declared in exercise of the powers conferred by this section.
41[(5)] An
order increasing or imposing port-dues under this section shall not take effect
till the expiration of sixty days from the day on which the order was published
in the Official Gazette.
44[34. Variation of port-dues by
Government
The Government may after
consulting,-
(a) in case of ports
other than major ports, the authority appointed under section 36;
(b) in case of major
ports, the Authority constituted under section 47A of the Major Port Trust Act,
1963,
exempt, subject to such
conditions, if any, as it thinks fit to impose, any vessel or class of vessels
entering a port subject to this Act from payment of port-dues and cancel the
exemption, or may vary the rates at which port-dues are to be fixed in the port,
in such manner as, having regard to the receipts and charges on account of the
port it thinks expedient, by reducing or raising the dues, or any of them or may
extend the periods for which any vessel or class of vessels entering a port
shall be exempt from liability to pay port-dues:
Provided that the rates
shall not in any case exceed the amount authorized to be taken by or under by or
under this Act.]
35. Fees for pilotage and certain other
services
(1) Within any port
subject to this Act, 14[not being a major port] fees may be charged
for pilotage, hauling, mooring, re-mooring, hooking, measuring and other
services rendered to vessels, at such rates as the 2[Government] may
direct
45[***]
(2) The fees now
chargeable for such services shall continue to be chargeable unless and until
they are altered in exercise of the power conferred by sub-section (1).
46[(3) The
Government may, in special cases, remit the whole or any portion of the fees
chargeable under sub-section (1), or sub-section (2).]
36. Receipt, expenditure and account of
port-charges
(1) The
2[Government] shall appoint some officer or body of persons at every
port at which any dues, fees or other charges are authorised to be taken by or
under this Act to receive the same and, subject to the control of the
2[Government], to expend the receipts on any of the objects
authorized by this Act.
(2) Such officer or body
shall keep for the port a distinct account, to be called the port fund account,
showing in such detail as the 2[Government] prescribes, the receipts
and expenditure of the port, and shall publish annually as soon after the first
day of April as may be practicable an abstract, in such from as
47[the Government] prescribes, of the account for the past financial
year
48[Provided
that the port fund account for any port may, if so authorized under the
provisions of any Act relating to such port, be merged with the general account
of that port, and in such a case, the provisions of sub-section (6) shall not
apply and the provisions of sub-sections (4) and (5) shall have effect as if for
the words "the port fund account of the port" therein, the words "the general
account of the port" had been substituted.]
49[***]
(4) All money received
under this Act at or on account of any port subject to this Act, excluding
receipts on account of pilotage but including
50[(a) fines
other than those creditable to the pilotage account of the port under
sub-section (5a)],
(b) proceeds of waifs,
and
(c) any balance of the
proceeds of a sale under section 14 where no right to the balance has been
established on a claim made within three years from the date of the sale, shall
be credited in the port fund account of the port.
(5) All expenses incurred
for the sake of any such port, excluding expenses on account of pilotage but
including-
(a) the pay and
allowances of all persons upon the establishment of the port,
(b) the cost of buoys,
beacons, lights and all other works maintained chiefly for the benefit of
vessels being in or entering or leaving the port or passing through the rivers
or channels leading thereto,
(c) pensions, allowances
and gratuities of persons who have been employed in the port under this or any
other enactment relating to ports and port-dues, or such portion of those
pensions, allowances and gratuities as the 2[Government] may by rule
determine.
(d) with the previous
sanction of the 2[Government], contributions towards the support of
public hospitals or dispensaries suitable for the reception or relief of seamen
or otherwise towards the provision of sanitary superintendence and medical aid
for the shipping in the port and for seamen whether ashore or afloat, belonging
to vessels in the port, and
(e) with the like
sanction, contributions towards sailors homes, institutes, rest-house and
coffee-houses and for other purposes connected with the health, recreation and
temporary well-being of sailors,
shall be charged to the
port fund account of the port.
51[(5a) All
fees charged for pilotage at any port subject to this Act and all fines and
penalties levied under the Act or under any other Act relating to the port from
pilots or other persons employed in the pilot service other than fines and
penalties imposed by a court, shall be credited to a distinct account to be
called the pilotage account of the port.
(5b) All sums so credited
to the pilotage account may be applied, in such proportions as the Government
may from time to time direct, to the following purposes, namely
(a) the purchase and
maintenance in repair of such vessels, and the supply of such materials, stores
or other things as the officer or body appointed under sub-section (1) may deem
it necessary to purchase, maintain or supply for the efficiency of the pilot
service;
(b) the payment of the
salaries, wages and allowances of pilots and other persons employed in the pilot
service or in the supervision thereof;
(c) the payment of
pensions, retiring gratuities, compassionate allowances or bonuses to pilots and
other persons engaged in the pilot service, and of the contributions, if any,
duly authorized to be made in their behalf to any provident fund or welfare
fund;
(d) the payment of
pensions, gratuities and compassionate allowances granted by the officer or body
appointed under sub-section (1) to pilots and other persons engaged in the pilot
service who have been injured in the execution of their duty and to the
surviving relatives of pilots and other persons so engaged who have been killed
in the execution of their duty or who may die while still in the service of such
officer or body;
(e) the provision of
educational, recreational and other amenities for pilots and other persons
employed in the pilot service;
(f) the payment of
contributions or appropriations to any special fund or funds established under
the provisions of any other Act relating to the port to which the officer or
body appointed sub-section (1) considers contributions or appropriations should
be made from the pilotage account;
(g) any other expenditure
which may, with the previous sanction of the Government, be incurred in respect
of the pilot service,
(5c) If the officer or
body appointed under sub-section (1) at any port is also the authority
responsible for maintaining the general account of the port, then
notwithstanding. the absence of any provision in that behalf in the Act under
which: such general account is maintained, such officer or body may, with the
previous sanction of the Government, apply any sum out of the moneys credited to
such general account towards meeting deficits, if any, in the pilotage account
of the port, or transfer the whole or any part of any surplus funds, in the
pilotage account to the general account of the port.]
(6) Subject to the
provisions of any local law as to the disposal of any balance from time to time
standing to the credit of a port fund account 48[or of a pilotage
account], any such balance may be temporarily invested in such manner as the
2[Government] may direct.
37. Grouping of ports
(1) The State Government
may direct that for the purposes of the lass foregoing section any number of
ports 52[in the State not being major ports] shall be regarded as
constituting a single port, and thereupon all moneys to be credited to the port
fund account under sub-section (4) of that section shall farm a common port fund
account which shall be available for the payment of all expenses incurred for
the sake of any of the ports:
53[***]
(2) Where ports are
grouped by or under this Act, the following consequences ensue, namely
(a) the State Government,
in the exercise of its control over expenditure debitable to the common port
fund account of the group, may, 54[***] make rules with respect of
the expenditure of the fund for the sake of the several ports of the group on
the objects authorized by this Act 54[***]; and
(b) the State Government
may exercise its authority under section 34 as regards all the ports in, the
group collectively or as regards any of them separately.
38. Receipts for port-charges
The person to whom any
dues, fees or other charges authorized to be taken by or under this Act are paid
shall grant to the person paying the same a proper voucher in writing under his
hand, describing the name of his office, the port or place at which the dues,
fees or other charges are paid, and the name, tonnage and other proper
description of the vessel in respect of which the payment is made.
39. Master to report arrival
(1) Within twenty-four
hours after the arrival within the limit of any port subject to this Act of any
vessel liable to the payment of port-dues under -this Act, the master of the
vessel shall report her arrival to the conservator of the port.
(2) A master failing
without lawful excuse to make such within the time aforesaid shall for every
such offence be punishable with, fine which may extend to one hundred
rupees.
(3) Nothing in this
section applies to tug-steamers, ferry steamers or river steamers plying to and
from any of the ports subject to this Act 55[***]
40. Conservator may in certain cases
ascertain draught and charge expense to master
If any vessel liable to
the payment of port-dues is in any such port without proper marks on the stem
and stem posts thereof for denoting her draught, the conservator may cause the
same to be ascertained by means of the operation of hooking, and the master of
the vessel shall be liable to pay the expenses of the operation.
41. Ascertainment of tonnage of vessel liable
to port-dues
In order to ascertain the
tonnage of any vessel liable to pay port-dues the following rules shall be
observed, namely
(1) (a) If the vessel is
a British registered vessel or a vessel registered under the Indian Registration
of Ships Act, 1841 (10 of 1841), or the Indian Registration of Ships Act (1841)
Amendment Act, 1850 (11 of 1850), or under any other law for the time being in
force for the registration of vessels in 56[India], the conservator
may require the owner or master of the vessel or any person having possession of
her register to produce the register for inspection.
(b) If the owner or
master of such person neglects or refuses to produce the register or otherwise
to satisfy the conservator as to what is the true tonnage of the vessel in
respect of which the port-dues are payable, he shall be punishable with fine
which may extend to one hundred rupees, and the conservator may cause the vessel
to be measured, and the tonnage thereof to be ascertained, according to the mode
of measurement prescribed by the rules for the time being in force for
regulating the measurement of British vessels, and in such case the owner or
master of the vessel shall also be liable to pay the expenses of the
measurement.
(2) If the vessel is not
a British registered vessel or a vessel registered under the Indian Registration
of Ships Act, 1841, (10 of 1841), or the Indian Registration of Ships Act (1841)
Amendment Act, 1850 (11 of 1850), or under any other law for the time being in
force for the registration of vessels in 56[India], and the owner or
master thereof fails to satisfy the conservator as to what is her true tonnage
according to the mode of measurement prescribed by the rules for the time being
in force for regulating the measurement of British vessels, the conservator
shall cause the vessel to be measured and the tonnage thereof to be ascertained
according to the mode aforesaid and in such case owner or master of the vessel
shall be liable to pay the expenses or the measurement.
(3) If the vessel is a
vessel of which the tonnage cannot be ascertained according to the mode of
measurement mentioned in clauses (1) and (2), the tonnage of the vessel shall be
determined by the conservator on such an estimate as may seem to him to be
just.
42. Distraint and sale on refusal to pay
port-charges
If the master of any
vessel in respect of which any port-dues, fees or other charges are payable
under this Act, refuses or neglects to pay the same on demand, the authority
appointed to receive such port-dues, fees or other charges may distrain or
arrest the vessel, and the tackle apparel and furniture belonging thereto or any
part thereof, and detain the same until the amount due is paid;
and in case any part of
the port-dues fees or other charges or of the costs of the distress or arrest or
of the keeping of the vessel or other thing distrained or arrested remains
unpaid for the space of five days next after any such distress or arrest, may
cause the vessel or other thing distrained or arrested to be sold, and with the
proceeds of such sale may satisfy the port-dues, fees or other charges and the
cost including the costs of sale remaining unpaid, and shall render the surplus,
if any, to the master of the vessel upon demand.
43. No port-clearance to be granted until
port-charges are paid
The officer of
57[the Government whose duty it is to grant a port-clearance for any
vessel shall not grant such clearance-
(a) until her owner or
master, or some other person, has paid or secured to the satisfaction of such
officer the amount of all port-dues, fees and other charges, and of all fines
penalties and expenses to which the vessel or her owner or master is liable
under this Act.;
(b) until all expenses
which by the Merchant Shipping Act, 1894, (57 & 58 Vict., C. 60) section
207, are to be borne by her owner incurred since her arrival in the port from
which he seeks clearance, have been paid.
44. Port-charges payable in one port
recoverable at any other port
(1) If the master of any
vessel in respect of which any such sum as is mentioned in the last foregoing
section is payable causes her to leave any port without having paid the sum the
authority appointed to receive port-dues, fees and other charges at the port
under this Act may require in writing the authority appointed to receive
port-dues, fees and other charges under this Act at any other port in
56[India] to which she may proceed or in which she may be, to levy
the sum.
(2) The authority to whom
the requisition is directed shall proceed to levy such sum in the manner
prescribed in section 42, and a certificate purporting to be made by the
authority appointed to receive port-dues, fees and other charges at the port
where such sum as is mentioned in the last foregoing section became payable
stating the amount payable, shall be sufficient prime facie proof of such amount
in any proceeding under section 42 and also (in case the amount payable is
disputed) in any subsequent proceeding under section 59.
45. Penalty for evading payment of
port-charges
(1) If the master of a
vessel evades the payment of any such sum as is mentioned in section 43 he shall
be punishable with fine which may extend to five times the amount of the
sum.
(2) In any proceeding
before a Magistrate on a prosecution under sub-section (1) any such certificate
as is mentioned in, section 44, sub-section (2), stating that the master has
evaded such payment, shall be sufficient prima facie proof of the evasion,
unless the master shows to the satisfaction of the Magistrate that the departure
of the vessel without payment of the sum was caused by stress of weather, or
that there was lawful or reasonable ground for such departure.
(3) Any Magistrate having
jurisdiction under this Act in any port to which the vessel may proceed, or in
which she may be found, shall be deemed to have jurisdiction in any proceeding
under this section.
46. Port-due on vessels in
ballast
A vessel entering any
port 14[not being a major port] subject to this Act
19[***] in ballast and not carrying passengers shall be charged with
a port-due at a rate to be determined by the 58[Government] and not
exceeding three-fourths of the rate with which she would otherwise be
chargeable.
47. Port-due on vessels not discharging or
taking in cargo
When a vessel enters a
port 14[not being a major port] subject to this Act but does not
discharge or take in any cargo or passengers therein (with the exception of such
unshipment and reshipment as may be necessary for purposes of repair) she shall
be charged with a port-due at a rate to be determined by the
58[Government] and not exceeding half the rate with which she would
otherwise be chargeable.
48. Port-due not to be chargeable in certain
cases
No port-due shall be
chargeable in respect of-
(a) any pleasure-yacht,
or
(b) any vessel which.
having left any port., is compelled to re-enter it by stress of whether or in
consequence of having sustained any damage, or
(c) any vessel which,
having entered 59[any port 60[in the territories which,
immediately before the 1st November, 1956, were comprised in the States of
Madras and Andhra] or the Port of Gopalpur in the State of Orissa], leaves it
within forty-eight hours without discharge or taking in any passengers or
cargo.
49. Power to impose hospital
port-dues
(1) The
2[Central Government] may, by notification in the Official Gazette,
order that there shall be paid in respect of every vessel entering any port
subject to this Act, within a reasonable distance of which these is a public
hospital or dispensary suitable for the reception or relief of seamen requiring
medical aid such further port-dues not exceeding one anna per ton as the
2[Central Government] thinks fit.
(2) Such port-dues shall
be called hospital port-dues, and the 2[Central Government] shall, in
making any order under sub-section (1), have regard to any contributions made
under section 36, sub-section (5), clause (d).
(3) An order imposing or
increasing hospital port-dues shall not take effect till the expiration of sixty
days from the day on which the order was published in the Official Gazette.
(4) Whenever the
2[Central Government] is satisfied that proper provision has been
made by the owners or agents of any class of vessels or giving medical aid to
the seamen employed on board such class of vessels, or that such provision is
unnecessary in the case of any class of vessels, it may, by notification in the
Official Gazette, exempt such class of vessels from any payment under this
Sections.
50. Application and account of hospital
port-dues
(1) Hospital port-dues
shall be applied, as the 2[Central Government] may direct, to the
support of any such hospital or dispensary as aforesaid, or otherwise for
providing sanitary superintendence and medical aid for the shipping in the port
in which they are levied and for the seamen belonging to the vessels therein,
whether such seamen are ashore or afloat.
(2) The
2[Central Government] shall publish annually in the Official Gazette,
as soon after the first day of April as may be, an account, for the past
financial year, of the sums received as hospital port-dues at each port where
such dues are payable, and of the expenditure charged against these
receipts.
(3) Such account shall be
published as a supplement to the abstract published under section, 36,
sub-section (2).
CHAPTER
VI: HOISTING SIGNALS
51. Master to hoist number of
vessel
(1) The master of every
inward or outward bound vessel, on arriving within signal distance of any
signal-station established within the limits of the river Hooghly, or within the
limits of any part of a river or channel leading to a port subject to this Act,
shall, on the requisition of the pilot in charge of the vessel, signify the name
of the vessel by hoisting the number by which she is known, or by adopting such
other means to this end as may be practicable and usual, and shall keen the
signal flying until it is answered from the signal-station.
(2) If the master of a
vessel arriving as aforesaid offends against sub-section (1), he shall be
punishable for every such offence with fine which may extend to one thousand
rupees.
52. Pilot to require master to hoist
number
(1) Every pilot in charge
of a vessel shall require the number of the vessel to be duly signalled as
provided by the last foregoing, section.
(2) When, on such
requisition from the pilot; the master refuses to hoist the number of a vessel,
or to adopt such other means of making her name known as may be practicable and
usual, the pilot may, on arrival at the first place of safe anchorage, anchor
the vessel and refuse to proceed on his course until the requisition has been
complied with
53. Penalty on pilot disobeying provisions of
this Chapter
Any pilot incharge of a
vessel who disobeys, or abets disobedience to, any of the provisions of this
Chapter, shall be punishable with fine which may extend to five hundred rupees
for each instance of such disobedience or abetment, and, in addition, shall be
liable to have his authority to act as a pilot withdrawn.
CHAPTER
VII: PROVISIONS WITH RESPECT TO PENALTIES
54. Penalty for disobedience to rules and
orders of the Government
If any person disobeys
any rule or order which a 2[Government] has made in pursuance of this
Act and for the punishment of disobedience to which express provision has not
been made elsewhere in this Act, he shall be punishable for every such offence
with fine which may extend to one hundred rupees.
55. Offences how triable, and penalties how
recovered
All offences against this
Act shall be triable by a Magistrate, and any Magistrate may, by warrant under
his hand, cause the amount of any fine imposed upon the owner or master of any
vessel, for any offence committed on board of the vessel or in the management
thereof or otherwise in relation thereto, whereof the owner or master is
convicted. to be levied by distress and sale of the vessel, and the tackle
apparel and furniture thereof, or so much thereof as is necessary.
56.Costs of conviction
(1) In case of any
conviction under this Act, the convicting Magistrate may order the offender to
pay the costs of the conviction in addition to any fine or expenses to which he
may be liable.
(2) Such costs may be
assessed by the Magistrate and may be recovered in the same manner as any fine
under this Act.
57. Ascertainment and recovery of expenses
and damages payable under this Act
(1) If any dispute arises
as to the sum to be paid in any case as expenses or damages under this Act, it
shall be determined by a Magistrate upon application made to him for that
purpose by either of the disputing parties.
(2) Whenever any person is liable to pay any sum, not exceeding one thousand rupees, as expenses or damages under this Act, any Magistrate, upon application made to him by the authority to whom the sum is payable, may, in addition to or instead of any other means for enforcing payment, recover the sum as if it were a fine.
58. Cost of distress
Whenever any fine,,
expenses or damages is or are levied under this Act, by distress and sale, the
cost of the distress and sale may be levied in addition to such fine. expenses
or damages, and in the same manner.
59. Magistrate to determine the amount to be
levied in case of dispute
If any dispute arises
concerning the amount leviable by any distress or arrest under this Act or the
costs payable under the last foregoing section, the person making the distress
or using the arrest may detain the goods distrained or arrested, or the proceeds
of the sale thereof, until the amount to be levied has been determined by a
Magistrate, who, upon application made to him for that purpose, may determine
the amount, and award such costs to be paid by either of the parties to the
other of them as he thinks reasonable and payment of such costs, if not paid on
demand, shall be enforced as if they were a fine.
60. Jurisdiction over offences beyond local
limits of jurisdiction
(1) Any person offending
against the provisions of this Act in any port subject to this Act shall be
punishable by any Magistrate having jurisdiction over any district or place
adjoining the port.
(2) Such Magistrate may
exercise all the powers of a Magistrate under this Act, in the same manner and
to the same extent as if the offence had been committed locally within the
limits of his jurisdiction, notwithstanding that the offence may not have been
committed locally within such limits, and, in case any such Magistrate exercises
the jurisdiction hereby vested in him, the offence shall be deemed, for all
purposes, to have been committed locally within the limits of his
jurisdiction.
61. Conviction to be quashed on merits
only
(1) No conviction, order
or judgement of any Magistrate under this Act shall be quashed for error of form
or procedure, but only on the merits, and it shall not be necessary to state, on
the face of the conviction, order or judgement, the evidence on which it
proceeds.
(2) If no jurisdiction
appears on the face of the conviction, order or judgement, but the depositions
taken supply that defect, the conviction, order or judgement shall be aided by
what so appears in the depositions.
CHAPTER
VIII: SUPPLEMENTAL PROVISIONS
62. Hoisting unlawful colours in
port
(1) If any vessel
belonging to 61[any citizen of India or common wealth citizen]
sailing under 62[Indian or British colours], hoists, carries or
wears, within the limits of any port subjects to this Act, any flag, jack,
pennant or colours, the use whereof on board such vessel has been prohibited by
the, Merchant Shipping Act, 1894 (57 & 58 Vict., c. 60) or any other Statute
now or hereafter to be in force, or by any proclamation made or to be made in
pursuance of any such Statute, or by any of 63[the regulations] in
force for the time being, the master of the vessel shall, for every such
offence, be punishable with fine which may extend to fifty rupees.
(2) Such fine shall be in
addition to any other penalty recoverable in respect of such an offence.
(3) The conservator of
the port, or any officer of 64[the Indian Navy], may cater on board
any such vessel and seize and take away any flag, jack, pennant or colours so
unlawfully hoisted, carried or worn on board the same.
63. Foreign deserters
Any Magistrate, upon an
application being made to him by the Consul of any Foreign Power to which
section 238 of the Merchant "Shipping Act, 1894 (57 & 58 Vict., c. 60) has,
by an Order in Council 65[or order], been, or shall hereafter be,
declared to be applicable, or by the representative of such Consul, and upon
complaint on oath of the desertion of any seaman, not being a slave, from any
vessel of such Foreign Power, may, until a revocation of such Order in Council
65[or order] has been publicly notified, issue his warrant for the
apprehension of any such deserter, and, upon due proof of the desertion, may
order him to be conveyed on board the vessel to which he belongs or, at the
instance of the Consul, to be detained in custody until the vessel is ready to
sail, or, if the vessel has sailed, for a reasonable time not exceeding one
month:
Provided that a deposit
be first made of such sum as the Magistrate deems necessary for the subsistence
of the deserter during the detention and that the detention of the deserter
shall not be continued beyond twelve weeks.
64. Application of sections 10 and
21
(1) The provisions of
section 10 and 21 shall be applicable to all ports heretofore or hereafter
declared by the 2[Government] to be parts for the shipment and
landings of goods but not otherwise subject to this Act, and may be enforced by
any Magistrate to whose ordinary jurisdiction any such port is subject.
(2) Any penalties imposed
by him, and any expenses incurred by his order, under the said provisions, shall
be recoverable respectively in the manner provided in sections 55 and 57.
(3) In any of the said
ports for the shipment and landing of goods the consent referred to in section
21, sub-section (4), may be given by the principal officer of customs at such
port or by any other officer appointed in that behalf by the
2[Government].
65. Grant of sites for sailors
institutes
Any local authority in
which any immovable property in or near a port is vested may, 66[with
the previous sanction, in the case of a cantonment authority or the port
authority of a major port, of the Central Government, and in other cases, of the
State Government], appropriate and either retain and apply, or transfer by way
of gift or otherwise, the whole or any part of the property as a site for, or
for use as, a sailors' home or other institution for the health, recreation and
temporal well-being of sailors.
66. Exercise of powers of conservator by his
assistants
(1) All acts, orders or
directions by this Act authorized to be done or given by any conservator may,
subject to his control, be done or given by any harbour-master or any deputy or
assistant of such conservator or harbour-master.
(2) Any person authorised
by this Act to do any act may call to his aid such assistance as may be
necessary.
67. Service of written notices of directions
Any written notice of a
direction given under this -Act, left for the master of any vessel with any
person employed on board thereof, or affixed on a conspicuous place on board of
the vessel, shall, for the purposes of this Act, be deemed to have been given to
the master thereof.
68. Publication of orders of
Government
Every declaration, order
and rule of a 2[Government] made in pursuance of this Act shall be
published in the Official Gazette, and a copy thereof shall be kept in the
office of the conservator and at the custom-house, if any, of every port to
which the declaration, order or rule relates, and shall there be open at all
reasonable times to the inspection of any person without payment of any
fee.
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
(1) The provisions of
sections 6, 13 to 16 (both inclusive), 18, 21 and 28, sub-section (2) of section
31 and sections 33, 34, 35, 39, 42 to 48 (both inclusive) and 55 shall apply in
relation to all aircraft making us-, of any part subject to this Act, while on
water as they apply in relation to vessels.
(2) No such aircraft
shall enter or leave any port subject to this Act, except with the permission
granted by the Conservator of the Port or by such other officer as may be
authorized in this behalf by the Conservator.]
[Section 69 repealed by the Repealing Act,
1938 (1 of 1938)]
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 ton |
71[Due how often 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 |
(1) |
(2) |
(3) |
(4) |
1. Chandbali
(Dhamra) |
Sea-going vessels
of ten tonnes and upwards (except fishing boats.) |
Not exceeding
rupees one and fifty paise per tone. |
Once in the same
month. |
|
(Tug-boats,
ferry-boats and river boats, whether propelled by steam or other
mechanical means.) |
Ditto |
Once between the
1st January and the 30th June, and once between the
1st July and 31st December, in each year. |
2. Gopalpur |
Sea-going vessels
of ten tones and upward (except fishing boats.) |
Not exceeding rupee one and
forty paise per tonne. |
Once in the same
month. |
|
(Tug-boats,
ferry-boats and river boats, whether propelled by steam or other
mechanical means.) |
Ditto |
Once between the
1st January and the 30th June and once between the
1st July and 31st December, in each year.] |
73[PART IV-PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA
PRADESH
Name
of the port District |
Vessels
chargeable |
Rate of
port dues |
Dues
how often chargeable in respect of same vessel | |
Class of vessels
|
Rate | |||
(1) |
(2) |
(3) |
(4) |
(5) |
Calingapatnam
(srikakulam)
Bheemunipatnam
(Visakhapatnam.) |
Sea-going vessels
of 42.45 cube metres (15tons) and upwards. |
(1) Foreign ship or
steamer calling at any port. |
Fifteen paise per
cubic metre. |
Payable on each
entry into the port. |
Kakinada (East
Godavari)
Narsapur (West
Godavari)
Machilipatnam
(Krishna) |
(2) Foreign ship or
steamer (referred to in item 1 above) calling at any port for more than
once in the same voyage. |
Twenty-five paise
per cubic metre. |
Payable once for
one voyage. | |
Vadarevu (Prakasam)
Krishnapatnam
(Nelore) |
Sea-going vessels
of 42.45 cubic metres (15 tons) and upwards. |
(3) Coasting ship
calling at any port. |
Thirteen paise per
cubic metre. |
The payment of the
dues at the port will exempt the ship for a period of 60 days from
liability to pay the dues again at that port. |
|
|
(4)Coasting steamer
calling at any port. |
Fifteen paise per
cubic metre. |
The payment of the
dues at the port will exempt the steamer for a period of thirty days from
liability to pay dues again at 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, class of vessels |
Dues
how often chargeable in respect of same vessel |
(1) |
(2) |
(3) |
(4) |
(5) |
(1) Cuddalore
(2)
Nagapattinam |
South Arcot
Tanjavur |
Sea-going vessels
of 40 cubic metres and upwards. |
(1) Foreign ship or
steamer calling at any port not exceeding 10 paise per cubic metre.
|
Payable on each
entry into the port except in the case of straits steamer which shall not
be charged more than once in a voyage. |
|
|
|
(2) Foreign ship or
steamer calling at more than one port not exceeding 15 paise per cubic
metre. |
Payable once for
the voyage. |
(3) Pamban
(4) Ramesaram
(5) Kilakarai
|
Ramanathapuram
|
|
(3) Coasting ship
calling at any port not exceeding 15 paise per cubic metre. |
The payment of dues
at the port will exempt the ship for a period of 60 (sixty) days form
liability to pay the dues again at that port. |
(6) Veppalodai
(7) Colachel
(8)
Kanyakumari |
Tirunelveli
Kanyakumari |
|
(4) Coasting
steamer calling at any port not exceeding 10 paise per cubic metre. |
The payment of the
dues at the port will exempt the steamer for a period of 30 (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 ton |
Due how
often chargeable in respect of same vessel |
(1) |
(2) |
(3) |
(4) |
Pondicherry
|
Sea going vessels of 40 cubic
metres and upwards. |
(a) Foreign going ship or
sailing vessel calling at this port at 15 paise per cubic metre. |
(a) Payable on each entry
into the port. |
|
|
(b) Coasting ships calling at
this port at 15 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 |
|
|
(c) Coasting sailing vessel
calling at this port at 5 paise per cubic metre. |
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 :-
(a) 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;
(b) that such dues shall
be levied subject to the conditions mentioned in column (4) of the said
schedule;
(c) 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 ;
(d) 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
(e) that no port dues
shall be levied on-
(i) any pleasure, yacht,
or
(ii) 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
(iii) 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
chargeable |
Rate of
Port dues |
Dues how often chargeable in
respect of the same vessel. | ||
District |
Ports
|
|
Class
of vessel |
Rate of
port dues |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
Trivanduram
|
1. Kovalam
Vizhinjam
2. Trivandrum
|
All sea-going
vessels of 40 cubic metres and upwards. |
(a) Foreign ship or
steamer or coastal steamer calling at any port. |
Not exceeding Rs.
1.50 per ton. |
The payment of the
dues on entry at any minor port of Kerala will exempt 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
ing vessels) |
(b) Coastal
ship |
Not exceeding paise
50 per ton |
|
|
4. Neendakara |
|
|
|
|
Alleppey
|
5. Alleppey |
|
|
|
|
Trichur/Erna-
kulam |
6. Azhikode |
|
|
|
|
Mallappuram |
7. Ponnani |
|
|
|
|
Kozhikode
|
8. Calicut
(including Beypore) |
|
|
|
|
|
9. Badagara
|
|
|
|
|
Cannanore
|
10. Tellichery |
|
|
|
|
|
11. Cannanore |
|
|
|
|
|
12. Azhikkal. |
|
|
|
|
|
13. Kaaragode |
|
|
|
|
Notes:
(1) In assessing the Port
dues the date an which a vessel anchored shall be the date from which dues shall
be calculated.
(2) 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-
(a) "ship" means a vessel
propelled solely by wind-power.
(b) "Steamer" means any
vessel other than a ship.
(c) "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.
(d) "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 cubic
metre and upwards. |
(a) Foreign ship or stea-mer
calling at the port. |
Not exceeding thirty paise
per cubic metre. |
Payable on each en-try into
the port. |
|
|
(b) Coasting ship cal-ling at
the port. |
Not exceeding thirty paise
per cubic metre. |
The payment of the dues will
exempt the ship foe a period of sixty days from lia-bility to pay the dues
again at the port. |
|
|
(c) coasting steamer cal ling
at the port. |
Not exceeding thirty paise
per cubic metre. |
The payment of the dues 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 cubic
metre and upward. |
(a) Foreign ship or steamer
calling at the port. |
Not exceeding thirty paise
per cubic metre. |
Payable on each entry into the
port. |
3. Mangarkatta | ||||
4. Coondapur |
|
|
|
|
5. Baindur |
|
(b) Foreign ship or stea-mer
calling at more than one port. |
Not exceeding forty five
paise per cubic metre. |
Payable once for voyage. |
6. Bhatkal
7.Shirali
8. Murdeshwar
9. Honavar/ Manki
10. Tadri Gangavali |
Sea-going vessels of 15 cubic
metres and upwards. |
(c) Coasting ships calling at
any port. |
Not exceeding twenty paise
per cubic metre. |
The payment of the dues will
exempt the ship for a period of sixty days from liability to pay the dues
again at the port. |
11. Belekeri/ Ankola
|
|
(d) Coasting steamers calling
at any port. |
Not exceeding twenty four
paise per cubic metre. |
The payment of the dues will
exempt the steamer for a period of 30 days from liability to pay the dues
again at the port. |
12. Chendia |
|
|
|
|
13. Binaga |
|
|
|
|
14. Karwar |
|
|
|
|
15. Majali
|
|
|
|
|
Explanation 1.-
(a) "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.
(b) "Steamer" means any
vessel other than a ship.
(c) "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.
(d) "Foreign ship" or
"Foreign Steamer" means respectively a ship or steamer not being coasting ship"
or "coasting steamer".
(e) "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 ten
tons and upwards (except fishing boats). |
Not exceeding Rupee one and
paise fifty per ton. |
Once in the same month |
|
(b) Inland mechanically
propelled vessels. |
Do.
|
Once between 1st
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 ten
tons and upwards (except fishing boats) |
Do.
|
Once in the same month. |
|
(b) Inland mechanically
propelled vessels. |
Do.
|
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. |
3.Daman |
(a) Sea-going vessels of ten
tons and upwards (except fishing boats) |
Not exceeding Rupee one and
paise fifty per ton. |
Once in the same month. |
|
(b) Inland mechanically
propelled vessels. |
Do.
|
Once between 1st
January & 31st March, once between 1st April
& 30th June, once between 1st July &
30th September & once between 1st October &
31st December. |
4. Tiracol |
(a) Sea-going vessels of ten
tons and upwards (except fishing boats) |
Do.
|
Once in the same month. |
|
(b) Inland mechanically
propelled vessels. |
Do.
|
Once between 1st
January & 31st March, once between 1st April
& 30th June, once between 1st July &
30th September & once between 1st October &
31st December. |
5. Chapora |
(a) Sea-going vessels of ten
tons and upwards (except fishing boats). |
Not
exceeding Rupee one and paise fifty per ton |
Once in the same months |
|
(b) Inland mechanically
propelled vessels. |
Do.
|
Once between 1st
January & 31st March. Once between 1st April
& 30th June, once between 1st July &
30th September & once between 1st October &
31st December. |
6. Panaji |
(a) Sea-going vessels of ten
tons and upwards (except fishing boats). |
Do.
|
Once in the same month. |
|
(b) Inland mechanically
propelled vessels. |
Do.
|
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. |
7. Talpona |
(a) Sea-going vessels of ten
tons and upwards (except fishing boats). |
Do.
|
Once in the same month. |
|
(b) Inland mechanically
propelled vessels. |
Do.
|
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. |
79[PART X- PORTS UNDER THE CONTROL OF GOVERNMENT OF
MARARASHTRA
Name
of ports and Group within which they fall |
Vessels
chargeable |
Rate of
port dues |
Dues
how often chargeable in respect of same vessels | |
(1) |
(2) |
(3) |
(4) | |
I-BANDRA GROUP OF PORTS. | ||||
1.Dahanu
2. Tarapur
3. Nawapur
4. Satpati
5. Kelwa Mahim
(including Kelwa)
6. Arnala
(including Datiware
7. Bassein.
8. Uttan. |
(i) Sea-going
vessels of 5 tons and upwards but less than 10 tons (excepting fishing
boats).
(ii) Sea-going
vessels other than power driven sea-going vessels of 10 tons and upwards
(excepting fishing boats.)
(iii) 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 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. | |
9. Bhivandi |
|
|
| |
10. Manori |
|
|
| |
11. Kalyan |
|
|
| |
12. Thane |
|
|
| |
13. Vesava |
|
|
| |
14. Bandra. |
|
|
| |
II-MORA
GROUP OF PORTS | ||||
1. Trombay
(including Mahul)
2. Panvel (Ulwa
Belapur).
3. Mora
4. Karanja
5. Mandwa
6. Thal
(Rewas) |
(i) Sea-going
vessel of 5 tons and upwards but less than 10 tons (excepting fishing
boats).
(ii) 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 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 same group within 30 days.
| |
7. Alibag
(including Dharamtar). |
(iii) Power driven
sea-going vessels of 10 tons and upwards. |
Sixty paise per
metric ton. |
| |
IIII-
RAJPURI GROUP OF PORTS | ||||
1. Revdanda
2. Borli
Mandla
3. Nandgaon
4. Murud (J)
5. Rajpuri
6. Mandad
7. Kumbharu
8. Shriwardhan
9. Bankot |
(i) Sea-going
vessel of 5 tons and upwards but less than 10 tons (excepting fishing
boats).
(ii) 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.
| |
|
(iii) Power-driven
sea-going vessels of 10 tons and upwards |
Sixty paise per
metric ton. |
| |
IV-
RATNAGIRI GROUP OF PORTS | ||||
1. Kelshi
2. Harnai
3. Dabhol
4.Palshet
5. Borya
6. Jaigad
7. Voroda
(Tiwari)
8. Ratnagiri
9. Purnagad. |
(i) Sea-going
vessels of 5 tons and upwards but less than 10 tons (excepting fishing
boats).
(ii) Sea-going
vessels other than power driven sea-going vessels of 10 tons and upwards
(excepting fishing boats.)
(iii) 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
2. Vijaydurg
3. Deogad
4. Achara |
(i) Sea-going
vessels of 5 tons and upwards but less than 10 tons (excepting fishing
boats).
(ii) Sea-going
vessels other than power driven sea-going vessels of 10 tons and upwards
(excepting fishing boats).
(iii) 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 the
same or any other port of the same group within 30 days.
| |
VI-
VENGURLA GROUP OF PORTS. | ||||
1. Malwan
2. Nivati
3. Vengurla
4. Redi
5. Kiranpani |
(i) Sea-going,
vessels of 5 tons and upwards but less than 10 tons (excepting fishing
boats).
(ii) Sea-going
vessels other than power driven sea-going vessels of 10 tons and upwards
(excepting fishing boats).
(iii) 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 vessels 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.
| |
80[PART XI- PORTS UNDER THE CONTROL OF GOVERNMENT OF
GUJARAT
Name
of ports. |
Vessels
chargeable |
Highest
rates of port dues leviable subject to explanation hereto.
|
Dues
how often chargeable in respect 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
(11) Bharuch
(12) Dahej
(13) Khambhat |
(4) Tugs, ferry and
river ships. |
Re. 0.60 per
ton. |
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. |
Re. 2.50 per
ton. |
Once in 30 days in case of
each vessel. |
|
(6) Daughter ships
in ballast being loaded with cargo from tankers and leaving for ports
other than Gujarat State port. |
Re. 1.00 per
ton |
-do- |
II. 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. |
-Do- |
|
(3) Sailing
Vessels. |
Re. 0.35 p. per
ton. |
-Do-
|
|
(4) Tug, ferry and
river ships. |
Re. 0.60 p. per
ton. |
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.
|
Re. 2.50 p. per
ton |
Once in 30 days in case of
each vessel. |
|
(6) Daughter ships
in ballast being loaded with cargo from tankers and leaving for ports
other than Gujarat State ports. |
Re. 1.00 p. per
ton. |
-Do
- |
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 ships. |
Re. 0.60 p. per
ton. |
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. |
Re. 2.50 p. per
ton |
Once in 30 days in case of
each vessel. |
|
(6) Daughter ships
in ballast being loaded with cargo form tankers and leaving for ports
other than Gujarat State ports. |
Re. 1.00 p. per
ton. |
-Do- |
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 ships. |
Re. 0.60 p. per
ton |
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. |
Re. 2.50 p. per
ton |
Once in 30 days in case of
each vessel. |
|
(6) Daughter ships
in ballast being loaded with cargo from tankers and leaving for ports
other than Gujarat State ports. |
Re. 1.00 p. per
ton. |
-Do- |
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 ships |
Re. 0.60 p. per
ton |
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. |
Re. 2.50 p. per
ton |
Once in 30 days in case of
each vessel. |
|
(6) Daughter ships
in ballast being loaded with cargo from tankers and leaving for ports
other than Gujarat State port. |
Re. 1.00 p. per
ton. |
Do |
VI. Okha Group of Ports. | |||
(1) Dwarka
(Rupen) |
(1) Foreign
ships. |
Re. 1.00 p. per
ton. |
Once in 30 days in case of
each vessel. |
(2) Okha |
(2) Coasting
ships. |
Re. 0.50 p. per
ton. |
Do. |
(3) Beyt |
(3) Sailing
Vessels. |
Re. 0.35 p. per
ton. |
Do. |
|
(4) Tugs, ferry and
river ships. |
Re. 0.60 p. per
ton. |
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. |
Rs. 2.50 p. per
ton |
Once in 30 days in case of
each vessel. |
|
(6) Daughter ships
in ballast being loaded with cargo from tankers and leaving for ports
other than Gujarat State port. |
Re. 1.00 p. per
ton. |
Do. |
VII. Bedi Group of
Ports: | |||
(1) Pindhara |
(1) Foreign
ships. |
Re. 1.00 p. per
ton. |
Once in
30 days in case of each vessel. |
(2) Salaya |
|
|
|
(3) Sikka |
|
|
|
(4)Bedi (including
Rozi) |
(2) Coasting
ships |
Re. 0.50 p. per
ton. |
Do. |
(5) Jodia |
(3) Sailing
Vessels. |
Re. 0.35 p. per ton
|
Do.
|
|
(4) Tugs, ferry and
river ships |
Re. 0.60 p. per
ton. |
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. |
Re. 2.50 p. per
ton. |
Once in 30 days in case of
each vessels. |
|
(6) Daughter ships
in ballast being loaded with cargo from tankers and leaving for ports
other than Gujarat State port. |
Re. 1.00 p. per
ton. |
Do.
|
VIII. Navlakhi Group of Ports
: | |||
(1) Navlakhi
|
(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 ships. |
Re. 0.60 p. per
ton. |
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. |
Re. 2.50 p. per
ton. |
Once in 30 days in case of
each vessel. |
|
(6) Daughter ships
in ballast being loaded with cargo from tankers and leaving for ports
other than Gujarat State port. |
Re. 1.00 p. per
ton. |
Do. |
IX. Mandvi Group of ports
: | |||
(1) Mundra |
(1) Foreign
ships |
Re. 1.00 p. per
ton. |
Once in 30 days in case of
each vessel. |
(2) Mandvi |
(2) Coasting
ships |
Re. 0.50 p. per
ton. |
Do
. |
(3) Jakhau |
(3) Sailing
Vessels |
Re. 0.35 p. per
ton. |
Do. |
(4) Koteshwar |
(4) Tugs, ferry and
river ships. |
Re. 0.60 p. per
ton. |
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. |
Re. 2.50 p. per
ton. |
|
|
(6) Daughter ships
in ballast being loaded with cargo from tankers and leaving for ports
other than Gujarat State port. |
Re. 1.00 p. per
ton. |
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.
(b) No port dues shall be
charged in respect of vessel of less than 10 tons or any fishing boat.
(c) A vessel in distress
with no cargo on board brought into harbour in tow shall be charged with
three-fourths of port-dues.
(d) 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.-
(a) 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.
(b) The period of thirty
days shall be reckoned from the date of entry of the vessel into the port.
(c) "Vessel" includes any
ship, boat, sailing vessel or other description of vessel used in the
navigation.
(d) "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.
(e) "ship" does not
include a sailing vessel.
(f) "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.
(g) "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) 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.
(b) 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.
2. Substituted by the
A.O. 1937, for the words "Local Government".
3. Substituted by the
A.O. 1950, for the words "His Majesty".
4. The words "or the
Government of India" omitted by the A.O. 1937.
5. Substituted by the
Port Laws (Amendment) Act, 1997 (Act No. 15 of 1997) dated 25th March, 1997 for
clause (1).
6. Inserted by Act 35 of
1951, section 188.
7. Inserted, ibid.
8. Clause (10) omitted by
Act 3 of 1951.
9. Omitted by Act 6 of
1916.
10. Omitted by Act 6 of
1916.
11. Inserted by Act 17 of
1978.
12. Inserted by Act 39 of
1923.
13. Inserted by Act 9 of
1925.
14. Inserted by Act No.
15 of 1997, dated 25th March, 1997.
15. Substituted by the
A.O. 1950, for the word "Crown" which had been Substituted by the A.O. 1937, for
the word "Government."
16. Substituted by Act
No. 15 of 1997, dated 25th March, 1997 for clause (jj).
17. Substituted by Act 15
of 1997, dated 25th March, 1997 for clause (k).
18. Substituted by Act 4
of 1911, section 2 for clause (p).
19. Omitted by the A.O.
1937.
20. Sub-section (1A)
omitted by Act 26 of 1938.
21. The words, brackets,
figure and letter "and sub-section (1A)" Inserted by Act 15 of 1922 omitted,
ibid.
22. Inserted by Act 20 of
1983, w.e.f. 15th. March, 1984.
23. Substituted, ibid.,
for the words "that Government".
24. Substituted by Act 55
of 1952, for the words "six months".
25. Inserted by Act 55 of
1952.
26. See now the Merchant
Shipping Act, 1958 (44 of 1958).
27. The words "the
Secretary of State for India in Council" successively Substituted by the A.O.
1937 and the A.O. 1950 to read as above.
28. Inserted by Act 39 of
1923.
29. Substituted, ibid.,
for the words "or thrown".
30. Substituted, ibid.,
for the words "or throw it".
31.Substituted by Act 55
of 1952.
32. Inserted by Act 36 of
1925.
33. Substituted by the
A.O. 1937, for the words "Governor-General in Council".
34. Inserted by Act 6 of
1916.
35. Sub-sections (2), (3)
and (4) re-numbered as sub-sections (3), (4) and (5) respectively by Act No. 6
of 1916.
36. Sub-sections (4) and
(5), as re-numbered by Act 6 of 1916, omitted by Act 36 of 1925.
37. Inserted by Act 6 of
1916.
38. Substituted ibid, for
the words "within its own province."
39. The words "British
India" successively Substituted by the A.O. 1948 and the A.O. 1950 to read as
above.
40. Proviso omitted by
the A.O. 1937.
41. Sub-sections (2), (3)
and (4) re-numbered as sub-sections (3), (4) and (5) respectively by Act 6 of
1916.
42. Certain words omitted
by Act 6 of 1916.
43. Proviso omitted by
the A. O. 1937.
44. Earlier section 34
substituted by Act No. 15 of 1997, dated 25th March, 1997.
45. Proviso omitted by
the A. O. 1937.
46. Inserted by Act 35 of
1951, section 190.
47. Substituted by the
A.O. 1937, for the words "that Government".
48. Inserted by Act 35 of
1951.
49. Sub-section (5)
omitted by Act 6 of 1916.
50. Substituted by Act 35
of 1951, 191 for clause (a).
51. Inserted by Act 35 of
1951.
52. Inserted, ibid.
53. Proviso omitted,
ibid.
54. Omitted, ibid.
55. Omitted by the A.O.
1948.
56. The words "British
India" submissively amended by the A.O. 1948, the A.O. 1950 and Act 3 of
1951.
57. The word "Government"
successively Substituted by the A. O. 1937 and the A. O. 1950.
58. Substituted ibid.,
for the words "Local Government".
59. Substituted by Act 35
of 1950.
60. Substituted by the A.
O. (No. 2), 1956, for the words "in the State of Madras or in the State of
Andhra".
61. Substituted by the A.
O. 1950, for the words "any of His Majesty's subjects".
62. Substituted, ibid.,
for the words "British colours".
63. Substituted, ibid.,
for the words "His Majesty's regulations."
64. Substituted by the A.
O. 1250, for the words "His Majesty's Navy or the Royal Indian Navy".
65. Inserted, ibid.
66. Substituted ibid.,
for the words "with the previous sanction of the Local Government".
67. Inserted by Act 6 of
1916.
68. Ins by Act 35 of
1951.
69. This Schedule is
liable to variation by notifications of State Government, and for any change
thereof notification of the State concerned should be consulted.
70. Substituted by
notification No. G.S.R. 257 (E) dated 1st. May, 1978, Gazette of India, Pt. II,
s. 3 (i) p. 398, for the heading and major ports of Calcutta and Paradip and the
entries relating thereto.
71. Entries under columns 2, 3 and 4 omitted by Act
No. 15 of 1997, dated 25th March 1997.
72. Added by notification
No. 1317 PD, dated 29th. April, 1978, Gazette of Orissa.
73. Added by notification
No. G.O. Ms. 253 dated 28th. April, 1968, Gazette of Andhra Pradesh.
74. Added by notification
No.11. (2)/ TRA/ 1914(c)/ 78, dated 1st. May, 1978, Gazette of Tamil Nadu.
75. Inserted by
notification No. G.O. Ms. 70/78-Pt., dated 1st. May, 1978, Gazette of
Pondicherry.
76. Added by notification
No. S.R.O. 373/78 dated 26th. January, 1978, Gazette of Kerala.
77. Inserted by
notification No. P.W.D 42 PSP 77 dated 29th. April, 1978, Gazette of Karnataka
(Extraordinary) Part IV-2 c(ii).
78. Inserted by
notification No. 1/605/78/IPD, dated 1st. May, 1978, Gazette of Goa, Daman and
Diu.
79. Inserted by
notification No. IPA 1077/264/36-TR, dated 21st. March, 1978, Gazette of
Maharashtra.
80. Inserted by Notification No. G/ J/ 16/ IPA/ 1077/
95 M dated 1st. May, 1978, Gazette of Gujrat, Extraordinary, Part IV-A.
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