Indian ports act 1908




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4. Sub-section (3) omitted by Act 6 of 1916, s. 9. 5. Subs. by Act 35 of 1951, s. 191, for the original clause. 83 (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 1*[Government] may by rule determine, (d) with the previous sanction of the 1*[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-houses and coffee-houses and for other purposes connected with the health, recreation and temporal well-being of sailors, shall be charged to the port fund account of the port. 2*[(5a) All fees charged for pilotage at any port subject to this Act 3*[(other than a major port)] 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 --------------------------------------------------------------------- 1. Subs. by the A. O. 1937 for "L. G.". 2. Ins. by Act 35 of 1951, s. 191. 3. Ins. by Act 23 of 1992, s. 6 (w.e.f. 12.8.1992). 84 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 under sub-section (1) considers contributions or appropriations should be made from the pilot-age 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 1*[or of a pilotage account], any such balance may be temporarily invested in such manner as the 2*[Government] may direct.

Grouping of ports.

37. Grouping of ports. (1) The State Government may direct that for the purposes of the last foregoing section any number of ports 3*[in the State not --------------------------------------------------------------------- 1. Ins. by Act 35 of 1951, s. 191. 2. Subs. by the A. O. 1937 for "L. G.". 3. Ins. by the A. O. 1937. 85 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 form a common port fund account which shall be available for the payment of all expenses incurred for the sake of any of the ports. 1* * * * *

(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 2* make rules with respect to the expenditure of the fund for the sake of the several ports of the group on the objects authorized by this Act 3*; 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.

Receipts for port-charges.

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.

Master to report arrival.

39. Master to report arrival. (1) Within twenty-four hours after the arrival within the limits 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 report 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 4*. --------------------------------------------------------------------- 1 The proviso omitted by the A. O. 1937. 2 The words "subject to the control of the G. G. in C." omitted by the A. O. 1937. The words in italics had been subs. by Act 6 of 1916, s. 10, for the words "with the previous sanction". 3 The words "and shall cause effect to be given to any directions which the G. G. in C. may deem it necessary to issue with respect to such expenditure" omitted by the A. O. 1937. 4 The words "or to ballam boats plying to and from the port of Chittagong" omitted by the A. O. 1948. 86

Conservator may in certain cases ascertain draught and charge expenseto master. 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 stern 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.

Ascertainment of tonnage of vessel liable to port-dues.

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 1*[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 or 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 1*[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 --------------------------------------------------------------------- 1. The words "British India" successively amended by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and Sch., to read as above. 87 according to the mode aforesaid, and in such case the owner or master of the vessel shall be liable to pay the expenses of 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.

Distraint and sale on refusal to pay port-charges.

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 costs including the costs of sale remaining unpaid, and shall render the surplus, if any, to the master of the vessel upon demand: 1*[Provided that where such vessel or other thing is already arrested under the order of a court or other authority, the authority appointed to receive port-dues, fees or other charges, may sell the vessel or other thing only with the prior permission of such court or other authority and satisfy the port-dues, fees or other charges and the costs including costs of sale remaining unpaid, and disburse the surplus, if any, in accordance with the orders or directions of such court or other authority: Provided further that the person to whom the vessel or other thing is sold under this section shall be deemed to be the owner thereof and registered as such under the Merchant Shipping Act, 1958.]

No port-clearance to be granted until port charges are paid. 43. No port-clearance to be granted until port charges are paid. The officer of the 2*[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; (57 and 58 Vict., c. 60.) (b) until all expenses, which by the 3*Merchant Shipping Act, 1894, section 207, are to be borne by her owner, incurred since her arrival in the port from which he seeks clearance, have been paid.

Port-charges payable in one port recoverable at any other port.

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 --------------------------------------------------------------------- 1. Ins. by Act 23 of 1992, s. 7 (w.e.f. 12.8.1992). 2. Subs. by the A. O. 1950 for "Crown" which had been subs. by the A. O. 1937 for "Govt.". 3. Coll. Stat., Vol. II. 88 Act may require in writing the authority appointed to receive port- dues, fees and other charges under this Act at any other port in 1*[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 prima 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.

Penalty for evading payment of port-charges.

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.

Port-due on vessels in ballast.

46. Port-due on vessels in ballast. A vessel entering any port subject to this Act 2* in ballast and not carrying passengers shall be charged with a port-due at a rate to be determined by the 3*[Government] and not exceeding three-fourths of the rate with which she would otherwise be chargeable.

Port-due on vessels not discharging or taking in cargo.

47. Port-due on vessels not discharging or taking in cargo. When a vessel enters a 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 --------------------------------------------------------------------- 1. The words "British India" successively amended by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and Sch., to read as above. 2. The words and brackets "(other than a port in Burma)", omitted by the A. O. 1937. 3. Subs. by the A. O. 1937 for "L. G.". 89 be determined by the 1*[Government] and not exceeding half the rate with which she would otherwise be chargeable.

Port-due not to be chargeable in certain cases.

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 weather or in consequence of having sustained any damage, or (c) any vessel which, having entered 2*[any port 3*[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 discharging or taking in any passengers or cargo.

Power to impose hospital port-dues.

49. Power to impose hospital port-dues. (1) The 1*[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 there 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 1*[Central Government] thinks fit.

(2) Such port-dues shall be called hospital port-dues, and the 1*[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 1*[Central Government] is satisfied that proper provision has been made by the owners or agents of any class of vessels for 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 section. --------------------------------------------------------------------- 1. Subs. by the A. O. 1937 for "L. G.". 2. Subs. by Act 35 of 1950, s. 3 and Sch. II, for "any port within the territories administered by the Governor of Fort Saint George in Council". 3. Subs. by the Adaptation of Laws (No. 2) Order 1956 for "in the State of Madras or in the State of Andhra". The words in italics were ins. by the Andhra (Adaptation of Laws on Union Subjects) Order, 1954 (w.e.f. 1-10-1953). 90

Application and account of hospital port-dues.

50. Application and account of hospital port-dues. (1) Hospital port-dues shall be applied, as the 1*[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 1*[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 those receipts.

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

CHAPTER VI HOISTING SIGNALS

Master to hoist number of vessel.

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 keep 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.

Pilot to require master to hoist number.

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.

Penalty on pilot disobeying provisions of this Chapter.

53. Penalty on pilot disobeying provisions of this Chapter. Any pilot in charge of a vessel who disobeys, or abets disobedience to, any of the provisions of this Chapter shall be punishable --------------------------------------------------------------------- 1. Subs. by the A. O. 1937 for "L. G.". 91 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 PENATIES

Penalty for disobedience to rules and orders of the Government.

54. Penalty for disobedience to rules and orders of the Government. If any person disobeys any rule or order which a 1*[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.

Offences how triable, and penalties how recovered.

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.

Costs of conviction.

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.

Ascertainment and recovery of expenses and damages payable under thisAct.

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.

Cost of distress.

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. --------------------------------------------------------------------- 1. Subs. by the A. O. 1937 for "L. G." 92

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