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Indian Ports Act, 1908 Chapter V

Title: Port-dues, Fees and Other Charges

State: Central

Year: 1908

.....for any vessel shall not grant such clearance-- (a) until her owner or master, or some other person, has paid or secured to the satisfaction of such officer the amount of all port-dues, fees and other charges, and of all fines, penalties and expenses to which the vessel or her owner or master is liable under this Act; (b) until all expenses, which by the Merchant Shipping act, 1894, Section 207, are to be borne by her owner, incurred since her arrival in the port from which he seeks clearance, have been paid. _______________________ 1. Substituted for the word "Crown" by A.L.O., 1950. Section 44 - Port-charges payable in one port recoverable at any other port (1) If the master of any vessel in respect of which any such sum as is mentioned in the last foregoing section is payable causes her to leave any port without having paid the sum, the authority appointed to receive port-dues, fees and other charges at the port under this Act may require in writing the authority appointed to receive port-dues, fees and other charges under this Act at any other port in1[India] to which she may.....

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Major Port Trusts Act, 1963 Chapter V

Title: Works and Services to Be Provided at Ports

State: Central

Year: 1963

.....for any injury, damage or loss caused or alleged to have been caused by an order made under sub-section (1), (3) If it is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty or pier, was made fixed or erected by any person with the previous permission of the authority competent to grant such permission, he shall be paid by the Board compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say-- (a) in computing the compensation, there shall not be taken into account any rates or other charges which such person shall be liable to pay for using any wharf, dock, berth, quay, stage, jetty or pier provided by the Board; (b) the amount of compensation shall be calculated with reference to the cost of construction of such wharf, dock, berth, quay, stage, jetty or pier; (c) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (d) where no such agreement can be reached, the Central Government shall appoint as arbitrator, a person who is, or has been, or is qualified for appointment as, a Judge of.....

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Major Port Trusts Act, 1963 Chapter VI

Title: Imposition and Recovery of Rates at Ports

State: Central

Year: 1963

.....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 ralates, and shall there be open at all reasonable times to the inspection of any person without payment of any fee."] Section 51 - Power to levy concessional rates in certain cases In framing scales under any of the foregoing provisions of this Chapter, the1[Authority] may prescribe a lower rate in respect of,-- (a) coastal goods, that is to say, goods, other than imported goods as defined in the Customs Act, 1962, carried in vessel from one Indian port to another Indian port: Provided that the1[Authority] shall not make any discrimination between one Indian Port and another such port in prescribing a lower rate under this section; (b) other goods, in special cases. ________________________ 1. Substituted for "Board" by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. Section 52 - [***] 52.1[***] ________________________ 1. Section 52 omitted by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. Piror to omission it read as under "Prior sanction of Central Government to rates and conditions......

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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 Chapter IV

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

State: Central

Year: 1908

.....and shall pay any reasonable expenses which may be incurred in repairing any injury done by him to the bank or shore. Section 31 to 32 - Special Rules Section 31 - Moving of vessels without pilot or permission of harbour-master (1) No vessels of the measurement of two hundred tons or upwards shall enter, leave or be moved in any port to which this section has been specially extended without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board; 1[and no mechanically propelled vessel of any measurement less than two hundred tons and no other vessel of any measurement less than two hundred tons and exceeding one hundred tons] shall enter, leave or be moved in any such port without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board, unless authority in writing so to do has been obtained from the conservator or some officer empowered by him to give such authority: 2[Provided that the3[Government] may, by notification in the4[Official Gazette], direct that in any port specified in such notification the provisions of this sub-section shall not apply to sailing vessels of any measurement not.....

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Indian 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).

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Indian Ports Act, 1908 Chapter III

Title: Port-officials and their Powers and Duties

State: Central

Year: 1908

.....vessel to raise, remove or destroy the vessel within such period as may be specified in the notice and to furnish such adequate security to the satisfaction of the conservator to ensure that the vessel shall be raised, removed or destroyed within the said period. Provided that the conservator may extend such period to such further period as he may consider necessary having regard to the circumstances of such case and the extent of its impediment to navigation. (1A) Where the owner of any vessel to whom a notice has been issued under Sub-section (1) fails to raise, remove or destroy such vessel within the period specified in the notice or the extended period or fails to furnish the security required of him, the conservator may cause the vessel to be raised, removed or destroyed. (1B) Notwithstanding anything contained in the foregoing sub-section, if the conservator is of the opinion that any vessel which is wrecked, standard or sunk in any port is required to be immediately raised, removed or destroyed for the purpose of uninterrupted navigation in such port, he may, without giving any notice under Sub-section (1), cause the vessel to be raised, removed or destroyed.] (2).....

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Indian Ports Act, 1908 Complete Act

Title: Indian Ports Act, 1908

State: Central

Year: 1908

.....rules and orders of the Government Section55 - Offences how triable, and penalties how recovered Section56 - Costs of conviction Section57 - Ascertainment and recovery of expenses and damages payable under this Act Section58 - Cost of distress Section59 - Magistrate to determine the amount to be levied in case of dispute Section60 - Jurisdiction over offences beyond local limits of jurisdiction Section61 - Conviction to be quashed on merits only Chapter VIII Section62 - Hoisting unlawful colours in port Section63 - Foreign deserters Section64 - Application of sections 16 and 21 Section65 - Grant of sites for sailors Institutes Section66 - Exercise of powers of conservator by his assistants Section67 - Service of written notices of directions Section68 - Publication of orders of Government Section68A - Authorities exercising jurisdiction in ports to co-operate in manoeuvres for defence of port Section68B - Duties of the said authorities in an emergency Section68C - Application of certain provisions of the Act to aircraft Section68D - Maritime security Section69 - Repeal ScheduleI - FIRST SCHEDULE

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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 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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