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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 1

Title: Title and Extent

State: Central

Year: 1908

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

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Indian Ports Act, 1908 Section 4

Title: Power to Extend or Withdraw the Act or Certain Portions Thereof

State: Central

Year: 1908

.....in force; (b) specially extend the provisions of Section 31 or Section 32 to any port to which they have not been so extended; (c) withdraw this Act or Section 31 or Section 32 from any port or any part thereof in which it is for the time being in force. (2) A notification under Clause (a) or Clause (b) of Sub-section (1) shall define the limits of the area to which it refers. (3) Limits defined under Sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without high-water mark, and, subject to any rights of private property therein, any portion of the shore or bank within fifty yard of high water-mark. (4) "In Sub-section (3) the expression "high-water-mark" means the highest point reached or by ordinary spring tides at any season of the year. ______________________ 1. The words "with the previous sanction of the Governor-General in Council" were omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), Section 2. 2. Substituted.....

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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 10

Title: Removal of Obstructions Within Limits of Port

State: Central

Year: 1908

(1) The conservator may remove, or cause to be removed, any timber, raft or other thing flating or being in any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing-place, wharf, quary, dock, mooring or other work on any part of the shore or bank which has been declared to be within the limits of the port and is not private property. (2) The owner of any such timer, raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful excuse caused any such obstruction or impediment or causes any pubic nuisance affecting or likely to affect such free navigation or lawful use, he shall also be punishable with fine which may extend to one hundred rupees. (3) The conservator or any Magistrate having jurisdiction over the offence may cause any such nuisance to be abated.

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Indian Ports Act, 1908 Section 12

Title: Removal of Lawful Obstructions

State: Central

Year: 1908

(1) If any obstruction or impediment to the navigation of any port subject to this Act has been lawfully made or has become lawful by reason of the long continuance of such obstruction or impediment, or otherwise, the conservator shall report the same for the information of the1[Government], and shall, with the sanction of2[the Government], cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration. (2) Any dispute arising concerning such compensation shall be determined according to the law relating to like disputes in the case of land required for public purposes. __________________________ 1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937). 2. Substituted for the words "that Government" by A.O., 1937 (1-4-1937).

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Indian Ports Act, 1908 Section 14

Title: Raising or Removal of Wreck Impeding Navigation Within Limits of Port

State: Central

Year: 1908

.....further sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall be liable to pay the deficiency to the conservator on demand, and if 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).

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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 21

Title: Improperly Discharging Ballast

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 26

Title: Leaving out Warp or Hawser After Sunset

State: Central

Year: 1908

(1) A master of a vessel shall not cause or suffer any warp or howser attached to his vessel to be left out in any port subject to this Act after sunset in such a manner as to endanger the safety of any other vessel navigating in the port. (2) A master offending against Sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred rupees.

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