Sections Particulars
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 ...
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 ...
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 Pro...
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 an...
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[For the removal o...
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 ...
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...
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...
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...
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...
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 ...
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 c...
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 suc...
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 ve...
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 ...
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 ...
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 contro...
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 harbor-master, of any port subject to this Act, or of any d...
Chapter IV Rules For The Safety Of Shipping And The Conservation Of Ports
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 ...
20 Willfully loosening vessel from moorings
If any person willfully and without lawful excuse loosens or removes from her moorings any vessel within any such port without leave or authority from the own...
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 thro...
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 ...
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 ...
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 ...
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 ...
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 su...
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, exce...
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 willfully omits to take order to extinguish the fire or obstructs the conse...
29 Unauthorized 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 s...
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...
31 Moving of vessels without pilot or permission of harbor 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 ...
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 ...
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 exce...
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 A...
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 oth...
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 authorized to be taken by or un...
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 re...
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 vou...
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 A...
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 con...
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 regist...
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...
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 so...
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...
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...
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...
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 excepti...
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...
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 subjec...
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...
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 Ho...
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 signaled as provided by the last foregoing, section. (2) When, on such ...
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 t...
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 provi...
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 t...
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 e...
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 ...
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 ...
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 perso...
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...
61 Conviction to be quashed on merits only
(1) No conviction, order or judgment of any Magistrate under this Act shall be quashed for error of form or procedure, but only on the merits, and it shall no...
Chapter VIII Supplemental Provisions
62 Hoisting unlawful colors in port
(1) If any vessel belonging to 61[any citizen of India or common wealth citizen] sailing under 62[Indian or British colors], hoists, carries or wears, within ...
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...
64 Application of sections 10 and 21
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 t...
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 t...
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 harbor-m...
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 conspicu...
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 kep...
68A Authorities exercising jurisdiction in ports to co-operate in manoeuvres for defense 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 o...
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 se...
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 inclusi...
69 [Repealed by the Repealing Act, 1938 (1 of 1938)]
The First Ports, Vessels Chargeable, Rate Of Port-Dues And Frequency Of Payment
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                         ...
Part II Reserved For Ports In West Bengal, If Any
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 vessel...
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) Ka...
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) Cuddal...
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) Pondicherr...
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 due...
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 1...
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 to...
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-BAND...
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 re...
The Second [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 ...
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