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Start Free TrialPorts Act, 1908 Complete Act
State: Central
Year: 1908
.....been preserved. The only clause which in any way alters the law at at present in force in clause 43(b). That clause corresponds to S. 43(b) of the Act, which enacts that the owner or master of a vessel must pay all expenses, required by S.228 of the Merchant Shipping Act, 1854 to be borne by him, before the grant of a port-clearance. The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict.. Cap. 60). Section 207 of which makes the owner or master liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act. This is, however, in accordance with the spirit of the existing enactment. The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation. The schedule has been amended accordingly........"- Gaz. of Ind.. 1908, Part V. page 309.An Act to condolidate the enactments.....
List Judgments citing this sectionIndian Ports Act, 1908 Chapter V
Title: Port-dues, Fees and Other Charges
State: Central
Year: 1908
.....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.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 41
Title: Ascertainment of Tonnage of Vessel Liable to Port-dues
State: Central
Year: 1908
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, or the Indian Registration of Ships Act (1841), Amendment Act, 1850, or under any other law for the time being in force for the registration of vessels in1[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 conservators 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.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Chapter VIII
Title: Supplemental Provisions
State: Central
Year: 1908
..... 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]. ________________________________ 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.]
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 62
Title: Hoisting Unlawful Colours in Port
State: Central
Year: 1908
.....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. ___________________________ 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)......
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Schedule I
Title: First Schedule
State: Central
Year: 1908
..... 24.Substituted by G.S.R. 590B,D/5-10-1982, Pt. II-S. 3(i) Ext. P.2. 25.Substituted for the originalclause by the Madras Indian Ports (Amdt.) Act, 1925 (Mad. 1 of 1926), Section. 26.Inserted by Notification of theGovt. of India in the Commerce Department, No. 19-P (27)/37 dated 7th August,1937.' 27.Inserted by the G.S.R. 448(e),D/20-8-1975 28.Inserted by the G.S.R. 450 (E),D/- 20-8-1975 29.Substituted for "any portin the island of Ceylon or any part of India" by Notification No. 19-P,(44)/45-I, dated 8th February, 1946, 30.Thewords "and Burma, between the westernmost part of Sind and t hesouthernmost part of Burma" omitted by Notification No. 19-P, (20)/414,dated 4th August, 1941 31.Substitutedfor "Tug-steamers, ferry-steamers and river-steamers" by Notifn. No.459, D// 27-3-1923 issued by the Government of Bombay in the Marine Department. 32.Substitutedfor the words "four annas per ton" by the G.S.R. 752/- D/- 24-4-1970 33.Substituted for "LocalGovernment" by A.O. 1937 [1-4-1937]. Due how often chargeable in respect of same vessel 1 2 3 4 District .....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Complete Act
State: Central
Year: 1908
.....after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:- (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 12[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of.....
List Judgments citing this sectionIndian Ports Act, 1908 Chapter III
Title: Port-officials and their Powers and Duties
State: Central
Year: 1908
.....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 a the deficiency does not or does exceed one thousand rupees.] __________________________ 1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992). (55 of 1952). 2. Substituted for "under Sub-section (1)" by Act (23 of 1992), Section 3 (12-8-1992). 3. Substituted for the words "six months" by the Indian Ports (Amendment) Act 1952 (55 of 1952). Section 2 (9-8-1952). Words "two months" as substituted have now been substituted by words "thirty days" by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992). Section 15 - Power to board vessels and enter buildings (1) The Conservation 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.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 17
Title: Appointment and Powers of Health-officer
State: Central
Year: 1908
.....the1[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 the2[Indian Merchant Shipping Act], 1859, Section 7]; (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.Substituted for the words "Local Government" by A.O., 1937 (1-4-1937). 2.Now the Merchant Shipping Act, 1958 (44 of 1958), Section 176.
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 68D
Title: Maritime Security
State: Central
Year: 1908
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]. ________________________________ 1. Inserted by the Merchant Shipping (Amendment) Act, 2007 [Act No. 40 of 2007].
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