Indian Ports Act, 1908 Chapter I

(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 t be subject to Act 22 of 1855 for the regulation of Ports and Port-dues) or to the Indian Ports Act, 1875, or to the Indian Ports Act, 1889;

(b) to the other ports or parts of navigable rivers or channels to which the¹[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 the¹[Government].

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1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).

Section 2 - Savings

Nothing in this Act shall--

(i) apply to any vessel belonging to, or in the service of¹[the Central Government or a State Government]²[***], 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.

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1. Substituted for "His Majesty" by A.L.O., 1950 (26-1-1950).

2. The words "or the Government of India" were omitted by A.O., 1937 (1-4-1937).

Section 3 - Definitions

In this Act, unless there is anything repugnant in the subject or context,--

¹(1) "Magistrate" means a person exercising powers under the Code of Criminal Procedure, 1973;

(2) "Master", when used in relation to any vessel²[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 a [of the port]) having for the time being the charge or control of the vessel²[or the aircraft, as the case may be]:

(3) "pilot" means a person for the time being authorized by the³[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;

³[(6) "ton" means a ton as determined or determinable by the rules made under Section 74 of the Merchant Shipping Act, 1958, for regulating the measurement of the gross tonnage of ships.]

(7) "vessel" includes anything made for the conveyance⁵[mainly] by water human beings or of property;

⁶[(8) "major port" means any port which the Central Government may be notification in the Official Gazette declare, or may under any law for the time being in force have declared, to be a major port;]⁷[and]

⁸[(9) "Government" as respects major ports, for all purposes and, as respects other ports, for the purpose 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].

⁹[(10) *****]

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1. Substituted for the Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997.

2. Inserted by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), Section 188 (16-7-1951).

3. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).

4. Substituted by Indian Ports (Amendment) Act (23 of 1992), Section 2 (23-1-1994).

5. Inserted by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), section 188 (16-7-1951).

6. Clauses (8) and (9) were added, by A.O., 1937 (1-4-1937).

7. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 2 (23-1-94).

8. Foot-note (a) under Clause (8).

9. Clause (10) defining "State", which was inserted by A.L.O., 1950 was omitted by the Part B States (Laws) Act, 1951 (3 of 1951), Section 3 and Schedule (1-4-1951).