INDIAN PORTS ACT, 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].
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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.
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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).
In this Act, unless there is anything repugnant in the subject or context,--
1(1) "Magistrate" means a person exercising powers under the Code of Criminal Procedure, 1973;
(2) "Master", when used in relation to any vessel2[or any aircraft making use of any port], means subject to the provisions of any other enactment for the time being in force, any person (except a pilot or harbour-master a [of the port]) having for the time being the charge or control of the vessel2[or the aircraft, as the case may be]:
(3) "pilot" means a person for the time being authorized by the3[Government] to pilot vessels:
(4) "port" includes also any part of a river or channel in which this Act is for the time being in force;
(5
(1)1[***] The2[Government] may, by notification in the Official Gazette,--
(a) extend this Act to any port in which this Act is not in force or to, any part of any navigable river or channel which leads to a port and in which this Act is not 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, wha
(1) The1[Government] may,2[***] subject to any rights of private property, alter the limits of any port in which this Act is in force.3[Explanation.--For the removal of doubts, it is hereby declared that the power conferred on the Government by this sub-section includes the power to alter the limits of any port by uniting with that port, any other port or any part of any other port.]
(2) When the1[Government] alters the limits of a port under Sub-section (1), it shall declare or describe, by notification in the4[Official Gazette], and by such other means, if any, as it thinks fit, the precise extent of such limits.
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1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1978).
2. The words "with the previous sa
(1) The 1 [Government] may, in addition to any rules which it may make under any other enactment for the time being in force, make such rules, consistent with this Act, as it thinks necessary for any of the following purposes, namely:--
(a) for regulating the time and hours at and during which, the speed at which, and the manner and conditions in and on which, vessels generally or vessels of any class defined in the rules, may enter, leave or be moved in any port subject to this Act;
(b) for regulating the berths, stations and anchorages to be occupied by vessels in any such port;
(c) for striking the yards and top masts, and for rigging-in the booms and yards, of vessels in any such port, and for swinging or taking-in davits, boats and other things projecting from such vessels;
(1) The1[Government] shall appoint some officer or body of persons to be conservator of every port subject to this Act.
(2) Subject to any direction by the1[Government] to the contrary.--
(a) in ports where there is a port officer, the port-officer shall be the conservator;
(b) in ports where there is no port-officer, but where there is a harbour-master the harbour-master shall be the conservator.
(3) Where the harbour-master is not conservator, the harbour-master and his assistants shall be subordinate to, and subject to the control of, the conservator.
(4) The conservator shall be subject to the control of the1[Government], or of any intermediate authority which2[the Government] may appoint.
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(1) The conservator of any port subject to this Act may, with respect to any vessel within the port, give directions for carrying into effect any rule for the time being in force therein under Section 6.
(2) If any person willfully and without lawful excuse refuses or neglects to obey and lawful direction of the conservator after notice thereof has been given to him, he shall for every such offence, be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which, after such notice a aforesaid, he is proved to have willfully and without lawful excuse continued to disobey the direction.
(3) In case of such refusal or neglect, the conservator may do, or cause to be done, all acts necessary for the purpose of carrying
The conservator of any such port may, in case of urgent necessity, cut, or cause to be cut, any warp, rope, cable or hawser endangering the safety of any vessel in the port or at or near to the entrance thereof.
(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 a
If the owner of any such timber, raft or other thing, or the person who has caused any such obstruction, impediment or public nuisance as is mentioned in the last foregoing section, neglects to pay the reasonable expenses incurred in the removal thereof, within one week after demand, or within fourteen days after such removal has been notified in the Official Gazette or in such other manner as the1[Government] by general or special order directs, the conservator may cause such timber, raft or other thing, or the materials of any public nuisance so removed, or so much thereof as may be necessary, to be sold by public auction;
and may retain all the expenses of such removal and sale out of the proceeds of the sale, and shall pay the surplus of such proceeds, or deliver so much of the thing or materials as may remain unsold, to the person entitled to receive the same;
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(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.
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1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
2. Substitu
(1) If any vessel hooks or gets foul of any of the buoys or moorings laid down by or by the authority of the 1 [Government] in any such port, the master of such vessel shall not, nor shall any other person, except in case of emergency, lift the buoy or mooring for the purpose of unhooking or getting clear from the same without the assistance of the conservator:
and the conservator, immediately on receiving notice of such accident, shall assist and superintend the clearing of such vessel;
and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred in clearing the same.
(2) Any master or other person offending against the provisions of this section shall, for every such offence, be punishable with fine which may extend to one hundred rupees.
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1[(1) If any vessel is wrecked, stranded or sunk in any port in such a manner as to impede or likely to impede any navigation thereof, the conservator shall give notice to the owner of the 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 p
(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 receive any port-dues, fees or other charges payable in respect of any vessel, may, whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act.
either alone or with any other person, board any vessel, or enter any building or place, within the limits of any port subject to this Act.
(2) If the master of the vessel, or any period in possession or occupation of the building or place, without lawful excuse, refuse to allow any such person as is mentioned is Sub-sec
(1) For the purpose of preventing or extinguishing fire in any port subject to this Act, the Conservator or port-officer may require the master of any vessel within the port to place at his disposal such number as he requires, not exceeding three-fourths, of the crew then under the orders of such master.
(2) Any master refusing or neglecting to comply with such requisition shall be punishable with fine which may extend to five hundred rupees, and any seaman then under his orders who, after being directed by he master to obey the orders of the Conservator or port-officer for the purpose aforesaid, refuses to obey such orders, shall be punishable with fine which may extend to twenty-five rupees.
(1) The1[Government] may appoint at any port subject to this Act an officer to be called the health-officer.
(2) A health-officer shall, subject to the control of 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 vesse
The Government shall not be responsible for any act or default of any conservator, post-officer or harbour-master, of any port subject to this Act, or of any deputy or assistant of any of the authorities aforesaid, or of any person acting under the control or direction of any such authority, deputy or assistant, or for any act or default of any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other thinks belonging to the Government which may be used by the vessel]:
Provided that nothing in this section shall protect the1[Government] from a sit in respect of any act done by or under the express order or sanction of the Government.
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1.Substituted for the words 'the Crown' by A.L.O., 1950.
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(1) No person shall, without lawful excuse, lift, injure, loosen or set adrift any buoy, beacon or mooring, fixed or laid down by, or by the authority of, the1[Government] in any port subject to this Act.
(2) If any person offends against the provisions of this section, he shall for every such offence be liable, in addition to the payment of the amount of damage done, to fine which may extend to two thousand rupees, or to imprisonment for a term which may extend to two years.
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1. Substituted for the words 'Local Government' by A.O., 1937 (1-4-1937).
If any person willfully and without lawful excuse loosens or removes from her moorings any vessel within any such port without leave or authority from the owner or master of the vessel, he shall, for every such offence, be punishable with fine which may extend to two hundred rupees, or with imprisonment for a term which may extend to six months.
(1) No ballast or rubbish and no other thing likely to form a bank or shoal or to be detrimental to navigation, shall, without lawful excuse, be cast or thrown into any such port or into or upon any place on share from which the same is liable to be washed into any such port, either by ordinary or high tides, or by storms 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 ex
If any person graves, breams or smokes any vessel in any such port, contrary to the directions of the Conservator, or at any time or within any limits at or within which such act is prohibited by the1[Government], he and the master of the vessel shall for every such offence be punishable with fine which may extend to five hundred rupees each.
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1. Substituted for the words 'Local Government' by A.O., 1937 (1-4-1937).
If any person boils or heats any pitch, tar, resin, dammer, turpentine, oil or other such combustible matter on board any vessel within such port, or at any place within its limits where such act is prohibited by the1[Government], or contrary to the directions of the Conservator, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each.
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1. Substituted for the words 'Local Government' by A.O., 1937 (1-4-1937).
If any person, by an unprotected artificial light, draws off spirits on board any vessel within any port subject to this Act, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each.
(1) Every master of a vessel in any port subject to this Act shall, when required so to do by the conservator, permit warps or hawsers to be made fast to the vessel for the purpose of warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until required so to do.
(2) A master offending against Sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred rupees.
(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.
If any person, without lawful excuse, discharges any firearms in any port subject to this Act, or on or from any pier landing place, wharf of quay thereof, except a gun loaded only with gun-powder for the purpose of making a signal of distress, or for such other purpose as may be allowed by the1[Government], he shall for every such offence be punishable with fine which may extend to fifty rupees.
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1. Substituted for the words 'Local Government' by A.O., 1937 (1-4-1937).
If the master of any vessel in which fire takes place while lying in any such port willfully omits to take order to extinguish the fire or obstructs the conservator or the port-officer, or any person acting under the authority of the conservator or port officer, in extinguishing or attempting to extinguish the (SIC) he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(1) No person, without the permission of the conservator shall, in any port subject to this Act, creep or sweep for anchors, cables or other stores lost or supposed to be lost therein,
(2) If any person offends against the provisions of Sub-section (1), he shall be punishable with fine which may extend to one hundred rupees.
(1) No person without the permission of the conservator shall in any port subject to this Act remove or carry away any rock, stones, shingle, gravel, sand or soil or any artificial protection from any part of the bank or shore of the port;
and no person shall sink or bury in any part of such bank or shore, whether the same is public or private property, any mooring-post, anchor or any other thing or do any other thing which is likely to injure or to be used so as to injure suck bank or shore, except with the permission of the conservator, and with the aid or under the inspection of such person, if any, as the conservator may appoint to take part in or overlook the performance of such work.
(2) If any person offends against Sub-section (1), he shall for every such offence be punishable with fine which may extend to one hundred rupees and
(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 noti
(1) Every vessel exceeding the measurement of two hundred tons and lying in any port to which this section has been specially extended shall be provided with a proper force pump and hose and appurtenances, for the purpose of extinguishing any fire which may occur on board.
(2) The master of such vessel who, having been required by the conservator to comply with the provisions of sub-section (1), neglects or refuses, without lawful excuse, so to do for the space of seven days after such requisition, shall be punishable with fine which may extend to five hundred rupees.
(1)1[Subject to the provisions of sub-section (2)], in each of the ports mentioned in the First Schedule2[other than major port], such port-dues, not exceeding the amount specified for the port in the third column of the schedule as the3[Government] directs, shall be levied on vessels entering the port and described in the second column of the Schedule, but not oftener than the time fixed for the port in the fourth column of the Schedule.
4[(2) The3[Government] may, by notification in the3[Official Gazette], after or add to any entry in the First Schedule relating to ports5[in6[any State] or as the case may be, in the State], and this power shall include the power to regroup any such ports.
7[* * * * *]]
8[(3)] Whenever the3[Government]9[* * *] declares any other port2[other than a major port]
"34.1[Variation of port-dues by Government
The Government may after consulting,--
(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 o
(1) Within any port subject to this Act1[not being a major port] fees may be charged for pilotage, hauling, mooring, remooring, hooking, measuring and other services rendered to vessels, at such rates as the2[Government] may direct.
3[* * * *]
(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).
4[(3) The Government may, in special cases, remit the whole or any portion of the fees chargeable under sub-section (1) or sub-section (2).]
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1. Inserted by the Port Laws (Amdt) Act, 1997 w.e.f. 09-01-1997.
2 . Substituted for the wo
(1) The 1 [Government] shall appoint some officer or body of persons at every port at which any dues, fees or other charges are authorised to be taken by or under this Act to receive the same and subject to the control of the 1 [Government] to expend the receipts on any of the objects authorized by this Act.
(2) Such officer or body shall keep for the port a distinct account, to be called the port fund account, showing, in such detail as 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
(1) The1[State Government] may direct that for the purposes of the last foregoing section any number of ports2[in the State not being major ports] shall be regarded as constituting a single port, and thereupon all moneys to be credited to the port fund account under sub-section (4) of that section shall form a common port fund account which shall be available for the payment of all expenses incurred for the sake of any of the ports.
3[* * * * *]
(2) Where ports are grouped by or under this Act, the following consequences ensue, namely:--
(a) the State Government, in the exercise of its control over expenditure debitable to the common port fund account of the group, may4[* * *] make rules with respect to the expenditure of the fund for the sake of the several ports of the group on the objects a
The person to whom any dues, fees or other charges authorized to be taken by or under this Act are paid shall grant to the person paying the same a proper voucher in writing under his hand, describing the name of his office, the port or place at which the dues, fees or other charges are paid, and the name, tonnage and other proper description of the vessel in respect of which the payment is made.
(1) Within twenty-four hours after the arrival within the limits of any port subject to this Act of any vessel liable to the payment of port-dues under this Act, the master of the vessel shall report her arrival to the conservator of the port.
(2) A master failing without lawful excuse to make such report within the time aforesaid shall for every such offence be punishable with fine which may extend to one hundred rupees.
(3) Nothing in this section applies to tug-steamers, ferry-steamers or river steamers plying to and form any of the ports subject to this Act1[* * *].
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1. The words "or to ballam boats plying to and from the port of Chittagong" were omitted by the A.C.A.O., 1948 (23-3-1948).
If any vessel liable to the payment of port dues is in any such port without proper marks on the stem and stern posts thereof for denoting her draught, the conservator may cause the same to be ascertained by means of the operation of hooking, and the master of the vessel shall be liable to pay the expenses of the operation.
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
If the master of any vessel in respect of which any port-dues, fees or other charges are payable under this Act, refuses or neglects to pay the same on demand, the authority appointed to receive such port-dues, fees or other charges may distrain or arrest the vessel, and the tackle, apparel and furniture belonging thereto or any part thereof, and detain the same until the amount due is paid:
and in case any part of the port-dues, fees or other charges or of the costs of the distress or arrest or of the keeping of the vessel or other thing distrained or arrested, remains unpaid for the space of five days next after any such distress or arrest, may cause the vessel or other thing distrained or arrested to be sold, and with the proceeds of such sale may satisfy the port-dues, fees or other charges and the costs including the costs of sale remaining unpaid, and shall render the surplus
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