Indian Ports Act, 1908 Chapter VIII

(1) If any vessel belonging to¹[any citizen of India or Commonwealth citizen], or sailing under²[Indian or British colours], hoists, carries or wears, within the limits of any port subject to this Act, any flag, jack, pennant or colours, the use whereof on board such vessel has been prohibited by the Merchant Shipping Act, 1894, or any other Statute now or hereafter to be in force, or by any proclamation made or to be made in pursuance of any such statute, or by any of³[the regulations] in force for the time being, the master of the vessel shall, for every such offence, be punishable with fine which may extend to fifty rupees.

(2) Such fine shall be in addition to any other penalty recoverable in respect of such an offence.

(3) The conservator of the port or any officer of⁴[the Indian Navy] may enter on board any such vessel and seize and take away any flag, jack, pennant or colours so unlawfully hoisted, carried or worn on board the same.

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1. Substituted for the words "any of His Majesty's subjects", by A.L.O., 1950 (26-1-1950).

2. Substituted for the words "British colours" by A.L.O., 1950 (26-1-1950).

3. Substituted for the words "His Majesty's regulation", by A.L.O., 1950 (28-1-1950).

4. Substituted for the words "His Majesty's Navy or the Royal Indian Navy", by A.L.O., 1950 (28-1-1950).

Section 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, has, by an Order in Council¹[or order], been, or shall hereafter be, declared to be applicable, or by the representative of such Consul, and upon complaint on oath of the description of any seaman not being a slave, from any vessel of such foreign Power, may, until a revocation of such Order in Council¹[or order] has been publicly notified, issue his warrant for the apprehension of any such deserter, and, upon due proof of the desertion, may order him to be conveyed on board the vessel to which he belongs or, at the instance of the Consul, to be detained in custody until the vessel is ready to sail, or, if the vessel has sailed, for a reasonable time not exceeding one month:

Provided that a deposit be first made of such sum as the Magistrate deems necessary for the subsistence of the deserter during the detention and that the detention of the deserter shall not be continued beyond twelve weeks.

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1. Inserted by A.L.O., 1950 (26-1-1950).

Section 64 - Application of sections 16 and 21

(1) The provisions of section 10 and 21 shall be applicable to all ports heretofore or hereafter declared by the¹[Government] to be ports for the shipment and landing of goods but not otherwise subject to this Act, and may be enforced by any Magistrate to whose ordinary jurisdiction any such port is subject.

(2) Any penalties imposed by him, and any expenses incurred by his order, under the said provisions, shall be recoverable respectively in the manner provided in sections 55 and 57.

(3) In any of the said ports for the shipment and landing of goods the consent referred to in section 21, sub-section (4), may be given by the principal officer of customs at such port or by any other officer appointed in that behalf by the a[Government].

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

Section 65 - Grant of sites for sailors Institutes

Any local authority in which any immovable property in or near a port is vested may,¹[with the previous sanction, in the case of a cantonment authority or the port authority of a major port, of the Central Government, and in other cases, of the State Government], appropriate and either retain and apply, or transfer by way of gift or otherwise, the whole or any part of the property as a site for, or for use as, a sailors' home or other institution for the health, recreation and temporal well-being of sailors.

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1. Substituted for the words 'with the previous sanction of the Local Government' by A.O., 1937 (1-4-1937).

Section 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 harbour-master or any deputy or assistant of such conservator or harbour-master.

(2) Any person authorized by this Act to do any act may call to his aid such assistance as may be necessary.

Section 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 conspicuous place on board of the vessel, shall, for the purposes of this Act, be deemed to have been given to the master thereof.

Section 68 - Publication of orders of Government

Every declaration, order and rule of a¹[Government] made in pursuance of this Act shall be published in the Official Gazette, and a copy thereof shall be kept in the office of the conservator and at the custom-house, if any, of every port to which the declaration, order or rule relates, and shall there be open at all reasonable times to the inspection of any person without payment of any fee.

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

Section 68A - Authorities exercising jurisdiction in ports to co-operate in manoeuvres for defence of port

¹[68A. Authorities exercising jurisdiction in ports to co-operate in manoeuvres for defence 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 officer authorized by general or special order of the²[Central Government] in this behalf, co-operate in such manner, as such officer may direct, in carrying out any manoeuvres in connection with any scheme or preparations for the defence of the said port in time of war, and for this purpose shall, if so required, temporarily place at the disposal of such officer the services of any of its staff and the use of any of its vessels, property, equipment, or other material:

Provided, firstly, that if any vessels are placed at the disposal of such officer in accordance with this section, the³[Central Government] shall, in respect of the period during which they are so at his disposal, bear the running expenses of such vessels, and be responsible for any damage thereto.

Explanation.-- The expression "running expenses" in this proviso includes all outlay incurred in connection with the use of the vessels other than any charges for their hire, or for the wages of the officers and crews of such vessels:

Provided, secondly, that any officer making a requisition under this section shall exercise his powers in such a way to cause as little disturbance to the ordinary business of the port as is compatible with the exigencies of the efficient carrying out of the manoeuvres:

Provided, thirdly, that no suit or other legal proceeding shall lie against any authority for any default occurring by reason only of compliance with a requisition under this section.]

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1. Section 68A and 68B were inserted by the Indian Ports (Amendment) Act, 1918 (6 of 1916), Section 11,

2. Substituted for the words 'Governor-General in Council' by A.O., 1937.

3. Substituted for the words "Government of India", by A.O., 1937.

Section 68B - Duties of the said authorities in an emergency

¹[68B. Duties of the said authorities in an emergency.--

Whenever the²[Central Government] is of opinion that an emergency has arisen which renders it necessary that the duties imposed for the purposes specified in section 68-A on the authorities therein mentioned, or other duties of a like nature should be imposed on such authorities continuously during the existence of the emergency,³[it] may, be general or special order, authorized any officer to require the said authorities to perform such duties until the²[Central Government] is of opinion that the emergency has passed, and the said authority shall comply accordingly, and the provisions of the said section shall apply subject to the following modification, namely:--

The⁴[Central Government] shall pay any authority, on whom a requisition has been made, such compensation for any loss or damage attributable to such requisition, and for any services rendered or expenditure incurred in complying therewith as, in default of agreement, shall be decided to be just and reasonable, having regard to the circumstances of the case, by the arbitration of a person to be nominated in this behalf by the²[Central Government], and the decision of such person shall be final.]

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1. Foot-note (a) under Section 68-A.

2. Substituted for the words 'Government-General in Council' by A.O., 1937.

3. Substituted for the word "he" by A.O., 1937.

4. Substituted for the words "Government of India" by A.O., 1937.

Section 68C - Application of certain provisions of the Act to aircraft

¹[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 inclusive) and 55 shall apply in relation to all aircraft making use of any port subject to this Act, while on water as they apply in relation to vessels.

(2) No such aircraft shall enter or leave any port subject to this Act, except with the permission granted by the conservator of the port or by such other officer as may be authorized in this behalf by the conservator.]

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1. Inserted by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), Section 192 (16-2-1951).

Section 68D - Maritime security

¹[68D. Maritime security

A port facility in India shall comply with all the requirements contained in Chapter IXB of the Merchant Shipping Act, 1958 [44 of 1958] or the rules made thereunder so far as they are not inconsistent with the provisions of this Act.

Explanation. For the purposes of this section, the expression "port facility" shall have the same meaning as assigned to it in Part IXB of the Merchant Shipping Act, 1958 [44 of 1958].

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1. Inserted by the Merchant Shipping (Amendment) Act, 2007 [Act No. 40 of 2007].

Section 69 - Repeal

[Repealed by the Repealing Act, 1938 (I of 1938), S. 2 and Schedule.]