Indian ports act 1908




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(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.

2*[(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.]

Power to board vessels and enter buildings.

15. Power to board vessels and enter buildings. (1) The conservator or any of his assistants 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 ---------------------------------------------------------------------- 1. Subs. by Act 55 of 1952, s. 2, for "six months". 2. Ins. by s. 2, ibid. 3. Subs. by Act 23 of 1992, s. 3 (w.e.f. 12.8.1992). 74 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.

Power to require crews to prevent or extinguish fire.

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.

Appointment and powers of health-officer.

17. Appointment and powers of health-officer. (1) The 1*[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 1*[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 2*Indian Merchant Shipping Act, 1859, (1 of 1859.) section 71; (b) power to enter on board any vessel and medically examine all or any of the seamen 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. ---------------------------------------------------------------------- 1. Subs. by the A. O. 1937 for "L. G.". 2. See now the Indian Merchant Shipping Act, 1923 (21 of 1923), s.

75

Indemnity of Government against act or default of port official or pilot.



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 1*[the Government] from a suit in 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

Injuring buoys, beacons and moorings.

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.

Wilfully loosening vessel from moorings. 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.

Improperly discharging ballast.

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 ---------------------------------------------------------------------- 1. The words "the Secretary of State for India in Council" successively subs. by the A. O. 1937 and the A. O. 1950 to read as above. 2. Subs. by the A. O. 1937 for "L. G.". 76 port, either by ordinary or high tides, or by storms or land-floods 1*[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 1*[or so discharges any oil or water mixed with oil], and the master of any vessel from which the same is so cast, 2*[thrown or discharged], shall be punishable with fine which may extend to 3*[five lakh 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 1*[or from so discharging any oil or water mixed with oil], any master continues so to cast 4*[throw or discharge the same], he shall also be liable to simple imprisonment for a term which may extend to 5*[oneyear and to fine which may extend to five lakh rupees] *5.

(4) Nothing in this section applies to any case in which the ballast or rubbish or such other thing is cast or thrown into, 1*[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 authorized by the 4*[Government].

Graving vessel within prohibited limits.

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 conservator, or at any time or within any limits at or within which such act is prohibited by the 4*[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.

Boiling pitch on board vessel within prohibited limits. 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 6*[Government], or contrary to the directions of the conservator, he and the master of the vessel shall for every such ---------------------------------------------------------------------- 1. Ins. by Act 39 of 1923, s. 3. 2. Subs. by s. 3, ibid., for "or thrown". 3. Subs. by Act 23 of 1992, s. 4, for "five hundred rupees" (w.e.f. 12.8.1992). 4. Subs. by s. 3, ibid., for "or throw it". 5. Subs. by Act 23 of 1992, s. 4, for "two hundred" (w.e.f. 12.8.1992). 6. Subs. by the A. O. 1937 for "L.G.". 77 offence be punishable with fine which may extend to two hundred rupees each.

Drawing spirits by unprotected artificial light.

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.

Warping.

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.

Leaving out warp or hawser after sunset.

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.

Discharge of fire arms in port.

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, wharf or quay thereof, except a gun loaded only with gun-powder for the purpose of making a signal of distress, or for such other purpose as may be allowed by the 1*[Government], he shall for every such offence be punishable with fine which may extend to fifty rupees.

Penalty on master omitting to take order to extinguish fire.

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 ---------------------------------------------------------------------- 1. Subs. by the A. O. 1937 for "L. G.". 78 punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Unauthorized person not to search for lost stores.

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 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.

Removing stones or injuring shores of port prohibited.

30. Removing stones or injuring shores of port prohibited. (1) No person without the permission of the conservator shall in any port subject 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 same 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

Moving of vessels without pilot or permission of harbour-master.

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 specially extended without having a pilot, harbour- master or assistant of the port-officer or harbour-master on board; 1*[and no mechanically propelled vessel of any measurement less than two hundred tons and no other vessel of any measurement less 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, ---------------------------------------------------------------------- 1. Subs. by Act 55 of 1952, s. 3, for "and no vessel of any measurement less than two hundred tons and exceeding one hundred tons". 79 unless authority in writing so to do has been obtained from the conservator or some officer empowered by him to give such authority: 1*[Provided that the 2*[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 so specified.]

3*[(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 harbour- master 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 so 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.]

4*[(3) If any vessel, except in case of urgent necessity, enters, leaves or is moved in the port contrary to the provisions of sub- section (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. 5* * * * *

Provision of certain vessels with fire-extinguishing apparatus.

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), --------------------------------------------------------------------- 1. Added by Act 36 of 1925, s. 2. 2. Subs. by the A. O. 1937 for "G. G. in C." 3. Ins. by Act 6 of 1916, s. 5.

4. The original sub-sections (2), (3) and (4) re-numbered as sub- sections (3), (4) and (5) respectively by s. 5, ibid.

5. Sub-sections (4) and (5), as re-numbered by s. 5, ibid., rep. by Act 36 of 1925, s. 2. 80 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

Levy of port-dues.

33. Levy of port-dues. (1) 1*[Subject to the provisions of sub- section (2),] in each of the ports mentioned in the First Schedule, such port-due, not exceeding the amount specified for the port 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 not oftener than the time fixed for the port in the fourth column of the schedule.

1*[(2) The 2*[Government] may, by notification in the Official Gazette, alter or add to any entry in the First Schedule relating to ports 3*[in 4*[any State] or, as the case may be, in the State], and this power shall include the power to regroup any such ports. 5* * * * *

6*[(3)] Whenever the 2*[Government] 7* declares any other port to be subject to this Act, it may 8*, 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 therewith, and (c) the times at which such vessels are to be so chargeable. --------------------------------------------------------------------- 1. Ins. by Act 6 of 1916, s. 6. 2. Subs. by the A. O. 1937 for "L. G." 3. The words "within its own province" successively subs. by the A. O. 1937 and the A. O. 1950 to read as above. 4. The words "British India" successively subs. by the A. O. 1948 and the A. O. 1950 to read as above. 5. The proviso omitted by the A. O. 1937.

6. The original sub-section (2), re-numbered as sub-section (3) by Act 6 of 1916, s. 6. 7. The words "with the previous sanction of the G. G. in C." omitted by s. 6, ibid. 8. The words "with the like sanction" omitted by s. 6, ibid. 81 1* * * * *

2*[(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.

2*[(5)] An order increasing or imposing port-dues under this section shall not take effect till the expiration of [thirty days]3* from the day on which the order was published in the Official Gazette.

Variation of port-dues by Government.

34. Variation of port-dues by Government. The 4*[Government] may, 5*[after consulting the authority appointed under section 36], exempt, 6*[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 levied 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 4*[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 this Act.

Fees for pilot-age and certain other services.

35. Fees for pilot-age and certain other services. (1) Within any port subject to this Act, fees may be charged for pilotage, hauling, mooring, re-mooring, hooking, measuring and other services rendered to vessels, at such rates as the 4*[Government] may direct. 7* * * * *

(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).

8*[(3) The Government may, in special cases, remit the whole or any portion of the fees chargeable under sub-section (1) or sub- section (2).] --------------------------------------------------------------------- 1. The proviso, ins. by Act 6 of 1916, s. 6, omitted by the A. O. (4) and (5) respectively, s. 6, ibid. 3. Subs. by Act 23 of 1992, s. 5 (w.e.f. 12.8.1992). 4. Subs. by the A. O. 1937 for "L. G.". 5. Ins. by Act 6 of 1916, s. 7. 6. Subs. by s. 7, ibid., for "the vessels". 7. The original proviso was omitted by s. 8, ibid., and the proviso ins. by the Bengal Pilot Service (Centralisation of Administration) Act 11 of 1929, s. 3, omitted by the A. O. 1937. 8. Added by Act 35 of 1951, s. 190. 82

Receipt, expenditure and account of port-charges.

36. Receipt, expenditure and account of port-charges. (1) The 1*[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 under this Act to receive the same and, subject to the control of the 1*[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 1*[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 form as 2*[the Government] prescribes, of the account for the past financial year: 3*[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.] 4* * * * *

(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-- 5*[(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, --------------------------------------------------------------------- 1. Subs. by the A. O. 1937 for "L. G.". 2. Subs. by the A. O. 1937 for "that Government". 3. Added by Act 35 of 1951, s. 191.

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