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Start Free TrialIndian 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 sectionMajor Port Trusts Act, 1963 Chapter V
Title: Works and Services to Be Provided at Ports
State: Central
Year: 1963
.....which he has taken charge shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872. (7) After any goods have been taken charge of and a receipt given for them under this section, no liability for any loss or damage which may occur to them shall attach to any person to whom a receipt has been given or to the master or owner of the vessel from which the goods have been landed or transhipped. ________________________ 1. Word "and "occurring at the end of clause (c) omitted and inserted at the end of clause (d), After Cl. (d), Cl. (c) inserted by the Major Port Trusts (Amendment) Ad (29 of 1974), Section 18(1-2-1975). 2. Word "and" omitted by The Major Port Trusts (Amendment) Act, 2000 (22 of 2000) w.e.f. 09.06.2000 3. Inserted by The Major Port Trusts (Amendment) Act, 2000 (22 of 2000) w.e.f. 09.06.2000 4. Substituted for "leuiable according to the scale framed under section 48 or section 49 or section 50" by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. Section 43 - Responsibility of Board for loss, etc., of goods (1) Subject to the provisions of this Act, the responsibility of any.....
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Chapter VI
Title: Imposition and Recovery of Rates at Ports
State: Central
Year: 1963
.....occupation at a rate higher than that provided under sub-section (1).] ________________________ 1. Inserted by the Major Port Trusts (Amendment) Act (17 of 1982), Section 13 (31-5-1982). Section 49A - Fees for pilotage and certain other services 1["49A. Fees for pilotage and certain other services. (1) Within any port, fees may be charged for pilotage, hauling, mooring, re-mooring, hooking, measuring and other services rendered to vessles, at such rates as the Authority may fix. (2) The fees now chargeable for such services shall continue to be chargeable unless and until they are altered in exercise of the power conferred by sub-section (1). (3) the Central Government may, in special cases, remit the whole or any portion of the fees chargeable under sub-section (1) or sub-section (2). ________________________ 1. Inserted by Port laws (Amendment) Act, 1997 w.e.f. 09-01-1997. Section 49B - Fixation of port-dues (1) The Authority shall from time to time, by notification in the Official Gazette, fix port-dues on vessles entering the port. (2) An order increasing or altering the fees for pilotage and certain other services or port-dues at every port shall not.....
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act 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 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.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 36
Title: Receipt, Expenditure and Account of Port-charges
State: Central
Year: 1908
.....[or of a pilotage account], any such balance may be temporarily invested in such manner as the 1 [Government] may direct. ___________________________ 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). 3. Inserted by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), section 191 (16-7-1951). 4. Sub-section (3) was omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), section 9. 5. Substituted for the original clause (a), by Act 35 of 1951, section 191, section 191 (16-7-1951). 6. Inserted by Indian Ports (Amendment) Act (23 of 1992), S. 6 (12-8-1992).
View Complete Act List Judgments citing this sectionIndian 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.....
List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 34
Title: Variation of Port-dues by Government
State: Central
Year: 1908
.....(a) in case of ports other than major ports, the authority appointed under section 36; (b) in case of major ports, the Authority constituted under section 47A of the Major Port Trusts Act, 1963, 38 of 1963. exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels entering a port subject to this Act from payment of port-dues and cancel the exemption, or may vary the rates at which port-dues are to be fixed in the port, in such manner as, having regard to the receipts and charges on account of the port it thinks expedient, by reducing or raising the dues, or any of them or may extend the period for which any vessel or class of vessels entering a port shall be exempt from liability to pay port-dues: Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this Act.".] ___________________________ 1. Substituted by the Port Laws (Amdt) Act, 1997. Prior to substitution it reads as under "34. Variation of port-dues by Government - The Government may, after consulting the authority appointed under section 36], exempt, [subject to such conditions, if any, as it thinks fit to impose, any.....
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