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TypeBare Act JurisdictionCentral Government

Indian Ports Act, 1908 Section 42

Distraint and Sale on Refusal to Pay Port-charges

~2 min read
https://sooperkanoon.com/act/43496

Bare act section · Research

About this section

Indian Ports Act, 1908 Section 42 is part of Indian Ports Act, 1908 - Distraint and Sale on Refusal to Pay Port-charges. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

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.]

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1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 7 (12-8-1992).

Frequently asked questions

What does Indian Ports Act, 1908 Section 42 provide?

Section Section 42 of the Indian Ports Act, 1908 (Distraint and Sale on Refusal to Pay Port-charges) is reproduced on this page as part of the Indian Ports Act, 1908. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Indian Ports Act, 1908 Section 42?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Indian Ports Act, 1908 Section 42. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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