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Indian Ports Act, 1908 Complete Act

Title: Indian Ports Act, 1908

State: Central

Year: 1908

..... Section4 - Power to extend or withdraw the Act or certain portions thereof Section5 - Alteration of limits of ports Section6 - Power to make port-rules Chapter III Section7 - Appointment of conservator Section8 - Power of conservator to give and enforce directions for certain specified purposes Section9 - Power to cut warps and ropes Section10 - Removal of obstructions within limits of port Section11 - Recovery of expenses of removal Section12 - Removal of lawful obstructions Section13 - Fouling of Government moorings Section14 - Raising or removal of wreck impeding navigation within limits of port Section15 - Power to board vessels and enter buildings Section16 - Power to require crews to prevent or extinguish fire Section17 - Appointment and powers of health-officer Section18 - Indemnity of Government against act or default of post official or pilot Chapter IV Section19 - Injuring buoys, beacons and moorings Section20 - Willfully loosening vessel from moorings Section21 - Improperly discharging ballast Section22 - Graving vessel within prohibited limits Section23 - Boiling pitch on board vessel within prohibited limits Section24 - Drawing spirits by.....

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Indian Ports Act, 1908 Preamble 1

Title: Indian Ports Act, 1908

State: Central

Year: 1908

THE INDIAN PORTS ACT, 1908 [Act, No. 15 of 1908] [18th December, 1908] PREAMBLE An Act to consolidate the enactments relating to Ports and Port-charges. WHEREAS it is expedient to consolidate the enactments relating to ports and port-charges; It is hereby enacted as follows:--

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Indian 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.....

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Indian Ports Act, 1908 Chapter IV

Title: Rules for the Safety of Shipping and the Conservation of Ports

State: Central

Year: 1908

.....or land-floods a [and no oil or water mixed with oil shall be discharged in or into any such port, to which any rules made under Clause (ce) of Sub-section (1) of Section 6 apply, otherwise than in accordance with such rules]. (2) Any person who by himself or another so casts or throws any ballast or rubbish or any such other thing1[or so discharges any oil or water mixed with oil], and the master of any vessel from which the same is so cast,2[thrown or discharge], shall be punishable with fine which may extend to3[five lakh rupees] and shall pay any reasonable expenses which may be incurred in removing the same. (3) If, after receiving notice from the Conservator of the Port to desist from so casting or throwing any ballast or rubbish or such other thing1[or from so discharging any oil or water mixed with oil, any master continues so to cast4[throw or discharge the same], he shall also be liable to simple imprisonment for a term which may extend to5[one year and to fine which may extend to five lakh rupees]. (4) Nothing in this section applies to any case in which the ballast or rubbish or such other thing is cast or thrown into,1[or the oil or water mixed with oil is.....

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Indian Ports Act, 1908 Section 33

Title: Levy of Port-dues

State: Central

Year: 1908

.....All port-dues now leviable in any port shall continue to be so leviable until it is otherwise declared in exercise of the powers conferred by this section. 10[(5)] An order increasing or imposing port-dues under this section shall not take effect till the expiration of12[thirty days] from the day on which the order was published in the3[Official Gazette]. ___________________________ 1. Inserted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(i). 2. Inserted by the Port Laws (Am endment ) Act, 1997 w.e.f. 09-01-1997. 3. Substituted for the words 'Local Government' and for the words 'Gazette of India', by A.O., 1937 (1-4-1937). 4. Inserted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(ii). 5. The words 'within its own province' were successively substituted to read as above by A.O., 1937 (1-4-1937) and A.L.O., 1950 (26-1-1950). 6. Substituted for the words 'any Province' by A.L.O., 1950 (26-1-1950). 7. The Proviso was omitted by A.O., 1937 (1-4-1937). 8. The original sub-section (2), (3) and (4) were renumbered as sub-sections (3), (4) and (5), respectively by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(iv). 9. The.....

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Indian Ports Act, 1908 Chapter I

Title: Preliminary

State: Central

Year: 1908

.....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]. ___________________________ 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. ___________________________ 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.....

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Indian Ports Act, 1908 Section 6

Title: Power to Make Port-rules

State: Central

Year: 1908

.....shall be construed to affect the validity of any rule in force immediately before the commencement of the Indian Ports Act, 1889, and continued by Section 2, Sub-section (2), of that Act. 12 [(2A) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature. (2B) Every rule made by the Central Government under this Act shall be laid as House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both the House agree any modification in the order or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] (3) If any person disobeys any rule made under Clause (p) of Sub-section (1), he shall be punishable for every such offence with fine which may extend to one.....

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Indian Ports Act, 1908 Section 21

Title: Improperly Discharging Ballast

State: Central

Year: 1908

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Indian 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.....

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Indian 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.....

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