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. 8318' 03" .4 E. NORTH :
From the point of Lat. 17 41' 47" N. and Long.
8318' 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 8318' 29" SE. EAST A
line drawn towards South from the point of Lat. 17
41' 32" .6 N Long. 8318' 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 8318'
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. 8317 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.