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THE PORTS ACT, 1908
CONTENTS
1. Title and extent
2. Savings
3. Definitions
4. Power to extend or withdraw the Act or certain portions thereof
5. Alteration of limits of ports
6. Power to make port-rules
7. Appointment of conservator
8. Power of conservator to give and enforce directions for certain specified purposes
9. Power to cut warps and ropes
10. Removal of obstruction within limits of port
11. Recovery of expenses of removal
12. Removal of lawful obstructions
13. Fouling of Government moorings
14. Raising or removal of wreck impeding navigation within limits of port
15. Power to board vessels and enter buildings
16. Power to require crews to prevent or extinguish fire
17. Appointment and powers of health officer
18. Indemnity of Government against act or default of port official or pilot
19. Injuring buoys, beacons and moorings
20. Wilfully loosening vessel from moorings
21. Improperly discharging ballast
22. Graving vessels within prohibited limits
23. Boiling pitch on board vessel within prohibited limits
Page 1 of 31
24. Drawing spirits by unprotected artificial light
25. Warping.
26. Leaving out warp or hawser after sunset
27. Discharge of fire-arms in port
28. Penalty on master omitting to take order to extinguish fire
29. Unauthorized person not to search for lost stories
30. Removing stones or injuring shores of port prohibited
31. Moving of vessels without pilot or permission of harbor master
32. Provision of certain vessels with fire extinguishing apparatus
33. Levy of port-dues
34. Variation of port-dues by Government
35. Fees for pilotage and certain other services
36. Receipt, expenditure and account of port charges
37. Grouping of ports
38. Receipts for port-charges
39. Master to report arrival
40. Conservator may in certain cases ascertain draught and charge expense to master
41. Ascertainment of tonnage of vessel liable to port-dues
42. Distraint and sale on refusal to pay port charges
43. No port-clearance to be granted until port charges are paid
44. Port-charges payable in one port recoverable at any other port
45. Penalty for evading payment of port charges
46. Port-due on vessels in ballast
47. Port-due on vessels not discharging or taking in cargo
48. Port-due not to be chargeable in certain cases
49. Power to impose hospital port dues
50. Application and account of hospital port-dues
51. Master to hoist number of vessel
52. Pilot to require master to hoist number
53. Penalty on pilot disobeying provisions of this Chapter
Page 2 of 31
54. Penalty for disobedience to rules and orders of the Government
55. Offences how triable, and penalties how recovered
56. Cost of conviction
57. Ascertainment and recovery of expenses and damages payable under this Act
58. Cost of distress
59. Magistrate to determine the amount to be levied in case of dispute
60. Jurisdiction over offences beyond local limits of jurisdiction
61. Conviction to be quashed on merits only
62. Hoisting unlawful colours in port
63. Foreign deserters
64. Application of sections 10 and 21
65. Grant of sites for sailors’ institutes.
66. Exercise of powers of conservator by his assistants
67. Service of written notice of directions
68. Publication of orders of Government
68A. Authorities exercising jurisdiction in port to co-operate in manoeuvres for defence of port
68B. Duties of the said authorities in an emergency
69. [Repeal.] Rep
Page 3 of 31
THE PORTS ACT, 1908
1
ACT No. XV OF 1908
[18thDecember, 1908]
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:—
CHAPTER I
PRELIMINARY
1. Title and extent.__(1) This Act rimy be called the 2* 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 to
be subject to Act XXII of 1855 (XII of 1875) (for the Regulation of Ports and
Port-dues) or to the Indian Ports Act, 1875, or to the Indian Ports Act, 1889 (X
of 1889);
(b) to the other ports or parts of navigable rivers or channels to which the
3
[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 the 4[Government]
2. Savings.—Nothing in this Act shall—
(i) apply to any vessel belonging to, or in the service of, 5* * * 6[, the 7[Federal
Government], or a Provincial Government] 8* * or to any vessel of war
belonging to any Foreign 9* * * State, or
(ii) deprive any person of any right of property or other private right, except as
hereinafter expressly provided, or
1
For Statement of Objects and Reasons see Gazette of India, 1908, Pt. V, p. 309; for. Report of Select Committee, see ibid., 1908, Pt V, p. 359; and for
Proceedings in Council, see ibid(, 1908, Pt. VI, pp. 146, 154 and 182. It has been extended to the Baluchistan States Union by the Baluchistan States
Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953), as amended. The Act has been and shall be deemed to have been brought into force
in Gwadur (with effect from the 8th September, 1958) by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960), s. 2.
2
The word “Indian” omitted by A.O., 1949.
3
Subs. by A.O., 1937, for “L. G”.
4
Subs. by A.O., 1937, for “L. G.”.
5
The words “His Majesty” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981) s.
6
and Second Sch. 3 Ins. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March,1956).
7
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
8
The words “or the Gazette of India” omitted by A.O., 1937.
9
The words “Prince or” omitted by Ordinance 27 of 1981, s. 3 and Second Sch.
Page 4 of 31
(iii) affect any law or rule relating to the customs or any order or direction lawfully
made or given pursuant thereto.
3. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(1) “Magistrate” means a person exercising powers under the Code of Criminal Procedure,
1898 (V of 1898), not less than those of a Magistrate of the second class 1* * *:
(2) “master”, when used in relation to any vessel, means, subject to the provisions of any other
enactment for the time being in force, any person (except a pilot or harbour-master) having for the time
being the charge or control of the vessel:
(3) “pilot” means a person for the time being authorized by the 1[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) “port-officer” is synonymous with master-attendant:
(6) “ton” means a ton as determined or determinable by the rules for the time being in force for
regulating the measurement of the net tonnage of 2[Pakistani] ships: and
(7) “vessel” includes anything made for the conveyance by water of human beings or of
property:
[(8) “major port” means any port which the 4[Federal Government] may by notification in the
3
official Gazette 5declare, or may under any law for the time being in force have declared, to be a major
port:
(9) “Government”, as respects major ports, 6[the declaration and delimitation of such ports and
the constitution and powers of port authorities therein] and, as respects other ports, for the purposes of
making rules under clause (p) of section 6 (1) and of the appointment and control of port health-officers
under section 17, means the 4[Federal Government,] and save as aforesaid, means the Provincial
Government.]
CHAPTER II
POWERS OF THE 7[GOVERNMENT]
4. Power to extend or withdraw the Act or certain portions thereof.— (1) 8* * * The
7
[Government] may, by notification in the 9[official Gazette],—
1
The words “and includes, in the towns of Calcutta, Madras and Bombay, a Presidency Magistrate” omitted by A.O., 1949.
2
Subs. by Ordinance 27 of 1981, s. 3 and Second Sch., for “British”.
3
Clauses (8) and (9), ins. by A.O., 1949. 2 Subs. by F.A.O., 1975 Art.
4
and Table, for “Central Government”.
5
Declaration of the– (i) Ports of Calcutta, Bombay, Karachi, Aden, Rangoon and Madras to be the Major Ports, see Notifn. No. 1169, dated the 19th
F
ebruary, 1921, Gazete of India, 1921, Pt. p.275;
6
Subs. by F.A.O., 1975, Art. 2 and Sch., for “for all purposes”.
7
Subs. by A.O., 1937, for “L .G.”.
8
The words “with the previous sanction of the G.G. in C.” omitted by the Indian Ports (Amdt.) Act, 1916 (6 of 1916), s. 2.
9
Subs. by A.O., 1937, for “local official Gazette”.
Page 5 of 31
(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 1the 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 yards of highwater mark.
(4) In sub-section (3) the expression “high-water-mark” means the highest point reached by
ordinary spring tides at any season of the year.
5. Alteration of limits of ports.—(1) The 2[Government] may, 3 * * * subject to any rights of
private property, alter the limits of any port in which this Act is in force.
(2) When the 2[Government] alters the limits of a port under sub-section (1), it shall declare or
describe, by notification in the 4[official Gazette], and by such other means, if any, as it thinks fit, the
precise extent of such limits.
6. Power to make port-rules.— (1) The 2[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
For such an extension, see foot-note 1 to section 31, infra.
2
ubs. by A.O., 1937, for “L. G.”.
3
The words “with the previous sanction of the G.G. in C. and” omitted by the Indian Ports (Amdt.) Act, 1916 (6 of 1916), s. 3.
4
Subs. by A.O., 1937, for “local official Gazette”.
Page 6 of 31
(d) for the removal or proper hanging or placing of anchors, spars and other things
being in or attached to vessels in any such port;
(e) for regulating vessels whilst taking-in or discharging passengers, ballast or
cargo, or any particular kind of cargo, in any such port, and the stations to be
occupied by vessels whilst so engaged;
1
[(ee) for regulating the manner in which oil or water mixed with oil shall be
discharged in any such port and for the disposal of the same;]
2
[(eee) for regulating the bunkering of vessels with liquid fuel in any such port and the
description of barges, pipe lines or tank vehicles to be employed in such
bunkering;]
(f) for keeping free passages of such width as may be deemed necessary within any
such port, and along or near to the piers, jetties, landing-places, wharves, quays,
docks, moorings and other works in or adjoining to the same, and for marking
out the spaces so to be kept free;
(g) for regulating the anchoring, fastening, mooring and unmooring of vessels in
any such port;
(h) for regulating the moving and warping of all vessels within any such port and
the use of warps therein;
(i) for regulating the use of the mooring buoys, chains and other moorings in any
such port;
(j) for fixing the rates to be paid for the use of such moorings when belonging to
the 3[Government], or of any boat, hawser or other thing belonging to the 3
[Government] ;
4
[(jj) ” for regulating the use of piers, jetties, landing places, wharves, quays,
warehouses and sheds when belonging to the 5[Government], and for fixing the
rates to be paid for the use of the same;]
l
Clause (see) ins. by the Indian Ports (Amdt.) Act, 1923 (39 of 1923), s. 2.
2
Clause (see) ins. by the Indian Ports (Amdt.) Act, 1925 (9 of 1925), section 2.
3
Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956) for “Crown” which had been subs. by A.O., 1937, for “Govt..”.
4
Clause (jj) ins. by the Indian Ports (Amdt.) Act, 1916 (6 of 19.16), section 4 (1).
5
Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956) for “Crown” which had been subs. by A.O., 1937, for “Govt..”.
Page 7 of 31
1
(k) for licensing and regulating catamarans plying for hire, and flats and cargo,
passenger and other boats plying, whether for hire or not, and whether regularly
or only occasionally, in or partly within and partly without any such port 2[and
for licensing and regulating the crews of any such vessels] and for determining
the quantity of cargo or number of passengers 2[or of the crew] to be carried by
any such vessels 2[and may by such rules provide for the fees payable in respect
of any such license, and in the case of passenger vessels plying for hire, for the
rates of hire to be charged and the conditions under which such vessels shall be
compelled to ply for hire, and further for the conditions under which any license
may be revoked];
(l) for regulating the use of fires and lights within any such port; .
(m) for enforcing and regulating the use of signals or signal lights by vessels by day
or by night in any such port;
(n) for regulating the number of the crew which must be on board any vessel afloat
within the limits of any such port;
(o) for regulating the employment of persons engaged in cleaning or painting
vessels, or in working in the bilges, boilers or double bottoms of vessels in any
such port;
3 4
[(p) * * * for the prevention of danger arising to the public health by the
introduction and the spread of any infectious or contagious disease from vessels
arriving at, or being in, any such port, and for the prevention of the conveyance
of infection or contagion by means of any vessel sailing from any such port, and
in particular and without prejudice to the generality of this provision, for–
(i) the signals to be hoisted and the places of anchorage to be taken up by
such vessels having any case, or suspected case, of any infectious or
contagious disease on board, or arriving at such port from a port in
which, or in the neighborhood of which, there is believed to be, or to
have been at the time when the vessel left such port, any infectious or
contagious disease;
(ii) the medical inspection of such vessels and of persons on board such
vessels;
(iii) the questions to be answered and the information to be supplied by
masters, pilots and other persons on board such vessels;
(iv) the detention of such vessels and of persons on board such vessels;
1
The provisions of cl. (k) of section 6 (1) have been applied to the territory of Gwadur by West Pakistan Ordinance 36 of 1959 (with effect from the
16th June,1959).
2
Ins. by the Indian Ports (Amdt.) Act, 1916 (6 of 1916), s. 4 (2).
3
Subs. by the Indian Ports (Amdt.) Act, 1911 (4 of 1911), s. 2, for the original clause (p).
4
The words “subject to the control of the G. G. in C.” omitted by A.O., 1937.
Page 8 of 31
(v) the duties to be performed in cases of any such disease by masters, pilots
and other persons on board such vessels;
(vi) the removal to hospital or other place approved by the health-officer and
the detention therein of any person from any such vessel who is suffering
or suspected to be suffering from any such disease;
(vii) the cleansing, ventilation and disinfection of such vessels or any part
thereof and of any articles therein likely to retain infection or contagion,
and the destruction of rats or other vermin in such vessels; and
(viii) the disposal of the dead on such vessels; and]
(q) for securing the protection from heat of the officers and crew of vessels in any
such port by requiring the owner or master of any such vessel—
(i) to provide curtains and double awnings for screening from the sun’s rays
such portions of the deck as are occupied by, or are situated immediately
above, the quarters of the officers and crew;
(ii) to erect windsails so far as the existing portholes or apertures in the deck
admit of their being used for ventilating the quarters of the officers and
crew;
(iii) when the deck is made of iron and not wood-sheathed, to cover with
wooden planks or other suitable non-conducting material such portions
of the deck as are situated immediately above the quarters of the officers
and crew;
(iv) when the quarters used by the crew and the galley are separated by an
iron bulk-head only, to furnish a temporary screen of some suitable
nonconducting material between such quarters and the galley.
1
* * * * * * *
(2) The power to make rules under sub-section (1) 2* * * is subject to the condition of the rules
being made after previous publication:
Provided that nothing in this sub-section shall be construed to affect the validity of any rule in
force immediately before the commencement of the Indian Ports Act, 1889 (X of 1889), and continued
by section 2, sub-section (2), of that Act.
(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 3[fifty thousand rupees].
1
Sub-section (IA) as amended by the Indian Ports (Amdt.) Act, 1922 (15 of 1922), s. 2, A.O., 1937 and the Indian Ports (Amdt.) Act, 1931 (11 of
1931), s. 2, omitted by the Employment of Children Act, 1938 (26 of 1938), section 8.
2
The words, brackets and figures “and sub-section (lA)”, which were ins. by Act 15 of 1922, s. 2, have been omitted by Act 26 of 1938, s. 8.
3
Subs. by the Ports (Amdt.) Ordinance, 1982 (4 of 1982), s. 2, for “one thousand rupees”.
Page 9 of 31
(4) If a master fails wholly or in part to do any act prescribed by any rule made under
clause (p) of sub-section (1), the health officer shall cause such act to be done, and the reasonable
expenses incurred in doing such act shall be recoverable by him from such master
CHAPTER III
PORT-OFFICIALS AND THEIR POWERS AND DUTIES
7. Appointment of conservator.— (1) The 1[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 the 1[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 the 2[Government], or of any intermediate
authority which 3[the Government] may appoint.
8. Power of conservator to give and enforce directions for certain specified purposes.—
(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 section 6.
(2) If any person wilfully and without lawful excuse refuses or neglect to obey any 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 as aforesaid, he is proved to have wilfully 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 direction into execution, and may hire and employ proper
persons for that purpose, and all reasonable expenses incurred in doing such acts shall be recoverable
by him from the person so refusing or neglecting to obey the direction.
9. Power to cut warps and ropes. 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
Subs. by A.O., 1937, for “L. G.”,
2
Subs. by A.O.. 1937, for “L.G.”.
3
Subs. ibid., for “that Government”
Page 10 of 31
10. Removal of obstruction within limits of port.—(1) The conservator may remove,
or cause to be removed, any timber, raft or other thing, floating or being in any part of any such port,
which in his opinion obstructs or impedes the fee navigation thereof or the lawful use of any pier, jetty,
landing-place, wharf, quay, 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 timber, 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 public 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.
11. Recovery of expenses of removal. 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 l[official
Gazette] or in such other manner as the 2[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;
and, if no such person appears, shall cause the same to be kept and deposited in such manner
2
as the [Government] directs;
and may, if necessary, from time to time, realize the expenses of keeping the same, together
with the expenses of sale, by a further sale of so much of the thing or materials as may remain unsold.
12. Removal of lawful obstructions.— (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 the 2[Government], and shall, with the sanction of 3[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
Subs. by A.O., 1937, for “local official Gazette”.
2
Subs. ibid., for “L.G.”
2
Subs. ibid., for “L.G.”. 3 Subs. ibid., for “that Government”.
Page 11 of 31
13. Fouling of Government moorings.—(1) If any vessel hooks or gets foul of any of the
buoys or moorings laid down by or by the authority of the l[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
14. Raising or removal of wreck impeding navigation within limits of port.— (1) If any
vessel is wrecked, stranded or sunk in any such port so as to impede, or be likely to impede, the
navigation there of, the conservator may cause the vessel to be raised, removed or destroyed.
(2) If any property recovered by a conservator acting under sub-section (1) is unclaimed or the
person claiming it fails to pay the reasonable expenses incurred by the conservator under that sub-
section and a further sum of twenty per cent. of the amount of such expenses, the conservator may sell
the property by public auction, if the property is of a perishable nature, forthwith, and, if it is not of a
perishable nature, at any time not less than six months after the recovery thereof.
(3) The expenses and further sum aforesaid shall be payable to the conservator out of the sale-
proceeds of the property, and the balance shall be paid to the person entitled to the property recovered,
or, if no such person appears and claims the balance, shall be held in deposit for payment, without
interest, to any person thereafter establishing his right thereto: Provided that the person makes his
claim within three years from the date of the sale.
15. Power to board vessels and enter buildings.— (1) The conservator 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 person in possession or occupation of the building or
place, without lawful excuse, refuses to allow any such person as is mentioned in sub-section (1) to
board or enter such vessel, building or place in the performance of any duty imposed upon him by this
Act, he shall for every such offence be punishable with fine which may extend to two hundred rupees.
l
Subs. by A.O.. 1937, for “L.G.”.
Page 12 of 31
16. Power to require crews to prevent or extinguish fire.— (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 the 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.
17. Appointment and powers of health officer.— (1) The 1[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 the 1[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 the
2
[Merchant Shipping Act, 1923 (XXI of 1923), section 91],
(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 logbook 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 vessel;
(d) power to call before him and question for any such purpose all or any of those
persons and to require true answers to any questions which he thinks fit to ask;
(e) power to require any person so questioned to make and subscribe a declaration
of the truth of the statements made by him.
18. Indemnity of Government against act or default of port-official or pilot. The
Government shall not be responsible for any act or default of any conservator, port-officer or harbor
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 things belonging to the Government which may be used by
the vessel:
Provide that nothing in this section shall protect 1[the Government] from a suit in respect of
any act done by or under the express order or sanction of the Government.
Subs. by A.O., 1937, for “L. G”.
l
2
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.
and Second Sch., for “Indian Merchant Shipping Act, 1859, section 71” which had been amended by Act 21 of 1923, s. 91.
Page 13 of 31
CHAPTER IV
RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS.
General Rules
19. Injuring buoys, beacons and moorings.— (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, the 2[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.
20. Wilfully loosening vessel from moorings. If any person wilfully and without lawful
expense 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.
21. Improperly discharging ballast.— (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 shore 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 3[and no oil or water mixed
with oil shall be discharged in or into 4[, or in any place from which the same is liable to be washed as
aforesaid into,] any such port, to which any rules made under clause (ee) 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 thing 3[or so discharges any oil or water mixed with oil], and the master of any vessel from which
the same is so cast, 5[thrown or discharged], shall be punishable with fine which may extend to 6[fifty
thousand] 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 thing l[or from so discharging any oil or water mixed
with oil], any master continues so to cast, 5[throw or discharge the same], he shall 6[be punishable with
a further fine which may extend to two thousand rupees for each day after the receipt of such notice
and also be liable to simple imprisonment for a term which may extend to six months].
1
The original words “the Secretary of State for India in Council” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect
from the 23rd March, 1956) to read as above.
2
Subs. by A. O.,1937, for “L. G.”.
1
Ins. by the Indian Ports (Amdt.) Act, 1923 (39 of 1923), s, 3,
2
Ins. by the Ports (Amdt.) Act, 1975 (28 of 1975), s, 2,
3
Subs. by Act 39 of 1923, s, 3. for “or thrown”,
4
Subs. by Act 28 of 1975, s. 2, for “five hundred”,
5
Subs. by Act 39 of 1923, s. 3. for “or throw it”,
6
Subs. by Act 28 of 1975, s. 2, for “also be liable to simple imprisonment for a term which may extend to two months”.
Page 14 of 31
(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 discharged in or into,] any such port
with the consent in writing of the conservator, or within any limits within which such act may be
authorized by the 2[Government].
22. Graving vessels within prohibited limits. If any person graves, breams or smokes and
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 the 2[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.
23. Boiling pitch on board vessel within prohibited limits. If any person boils or heats any
pitch, tar, resin, dammer, turpentine, oil or other such combustible matter on board any vessel within
any such port, or at any place within its limits where such act is prohibited by the 2[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.
24. Drawing spirits by unprotected artificial light. 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.
25. Warping.— (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 punish able for every such offence with
fine which may extend to two hundred rupees.
26. Leaving out warp or hawser after sunset.— (1) A master of a vessel shall not, cause or
suffer any warp or hawser 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.
27. Discharge of fire-arms in port. If any person, without lawful excuse, discharges any
firearm in any port subject to this Act, or on or from any pier, landing-place, wharf or quay thereof,
except a gun loaded only with gunpowder for the purpose of making a signal of distress, or for such
other purpose as may be allowed by the 3[Government], he shall for every such offence be punishable
with fine which may extend to fifty rupees.
1
Ins. by the Indian Ports (Amdt.) Act, 1923 (39 of 1923), s. 3.
2
Subs.. by A.O..1987. for “L. G.”.
3
Subs. by A. O. 1937, for “L.G.”.
Page 15 of 31
28. Penalty on master omitting to take order to extinguish fire. If the master of any vessel
in which fire takes place while lying in any such port wilfully 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 fire, 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.
29. Unauthorized person not to search for lost stories.— (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 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.
30. Removing stones or injuring shores of port prohibited.— (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 such 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 shall pay any reasonable expenses which may
be incurred in repairing any injury done by him to the bank or shore.
Special Rules
31. Moving of vessels without pilot or permission of harbor master.— (1) No vessel 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, harbourmaster or assistant of the port-
officer or harbor master on board;
and no 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, harbourmaster or assistant of the
port-officer or harbor 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:
1
[Provided that the 2[Government] may, by notification in the 3[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 exceeding a measurement so specified.]
1
Provisions; by the Indian Ports (Amdt.) Act, 1925 (36 of 1925), s. 2.
2
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which had been subs. by A. O. 1937, for “G. G. in C.”.
3
Subs. by A.O., 1937, for “Gazette of India”.
Page 16 of 31
1
[(2) Notwithstanding anything in sub-section (1), the owner or master of a vessel which is by
that sub-section required to have a pilot, harbor master or assistant of the port officer or harbor master
on board, shall be answerable for any loss or damage caused by the vessel or by any fault of the
navigation of the vessel, in the same manner as he would have been if he had not been so required by
that sub-section:
Provided that the provisions of this sub-section shall not take effect till the first day of January
1918, or such earlier date as the 2[Federal Government] may notify in that behalf in the 3[official
Gazette].]
4
[(3) If any vessel, except in case of urgent necessity, enters, leaves or is moved in the port
contrary to the provisions of subsection (1), the master of the vessel shall for every such offence be
punishable with fine which may extend to two hundred rupees, unless upon application to the proper
officer the master was unable to procure a pilot, harbor master or assistant of the port-officer or harbor
master to go on board the vessel.
5
* * * * * * *
32. Provision of certain vessels with fire extinguishing apparatus.— (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 a 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.
CHAPTER V
PORT-DUES, FEES AND OTHER CHARGES
33. Levy of port-dues.— (1) 6[Subject to the provisions of sub-section (2),] in each of the ports
mentioned in the first schedule such port-due, not exceeding the amount specified for the port in the
third column of the schedule as the 7[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 the schedule.
8
(2) The 7[Government] may, by notification in the 9[official Gazette], alter or
1
Sub-section (2) ins. by the Indian Ports (Amdt.) Act, 1916 (6 of 1916), section 5 (i).
2
Subs by F.A.O; 1975 Art. 2 and Table, for “Central Government” which had been subs. by A.O. 1937, for “G G. in C”.
3
Subs. by A.O 1937, for Gazette of India”
4
Sub-section (2) re-numbered as (3) by s. 5 (iii), by the Indian Ports (Amdt.) Act, 1916 (6 of 1916).
5
Sub-sections (4) and (5) as re-numbered by section 5, ibid. omitted by the Indian Ports (Amdt.) Act, 1925 (36 of 1925), s. 2(2).
6
Ins. by Act 6 of 1916, s. 6 (i).
7
Subs. by A.O., 1937. for “L. G.”.
8
Sub-section (2) ins. by Act 6 of 1916, s. 6(ii).
9
Subs. by A.O..1937. for “local official Gazette”.
Page 17 of 31
Add 1to any entry in the first schedule relating to ports 2[in 3[Pakistan] or, as the case may be,
in the Province], and this power shall include the power to regroup any such ports.
4
* * * * * * *
5
[(3)] Whenever the 6[Government] 7* * * declares any other port to be subject to this Act, it
may, 8* * * by the same or any subsequent declaration, further declare, –
(a) in the terms of any of the entries in the second column of the first schedule, the
vessels which are to be chargeable with port-dues on entering the port,
(b) the highest rates at which such dues may be levied in respect of vessels
chargeable therewith, and
(c) the times at which such vessels are to be so chargeable.
9
* * * * * * *
10
[(4) 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 of sixty days from the day on which the order was published in the 11[official Gazette].
34. Variation of port-dues by Government.The 6[Government] may, 12[after consulting the
authority appointed under section 36,] exempt, 13[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 portdues are
to be levied 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 13[or may extend the periods
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.
35. Fees for pilotage and certain other services.— (1) Within any port subject to this Act,
fees may be charged for pilotage, hauling, mooring, re-mooring, hooking, measuring and other services
rendered to vessels, at such rates as the 14[Government] may direct.
l
For instance of such an addition, see Gaz. of P., 1950, Ext., p. 678.
2
Subs. by A. O.,1937, for “within its own Province”.
3
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “any
Provinces” which had been subs. by A.O., 1949, for “British India”.
4
The proviso to sub-section (2), was omitted by A.O., 1937.
5
The original sub-section (2), was re-numbered as sub-section (3) by the Indian Ports (Amdt.) Act, 1916 (6 of 1916), s. 6(iv).
6
Subs. by A.O., 1937, for “L. G.”.
7
The words “with the previous sanction of the G. G. in C.” omitted by Act 6 of 1916, s. 6 (ii).
8
The words” with the like sanction” omitted, ibid.,
9
The proviso to sub-section (3), which had been added ibid., was omitted by A. O. , 1937.
10
The original sub-sections (3) and (4) were re-numbered (4) and (5), respectively by Act 6 of 1916, 9. 6(iv).
11
Subs. by A.O., 1937, for “local official Gazette”.
12
Ins. by Act 6 of 1916, s. 7. 13 Subs. ibid., for “the vessels”.
13
Ins. by the Indian Ports (Amdt.) Act, 1916 (6 of 1916), s. 7.
14
Subs. by A.O., 1937, for “L. G.”
Page 18 of 31
1
* * * * * * *
(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).
36. Receipt, expenditure and account of port-charges.— (1) The 2[Government] shall
appoint some officer or body of persons at every port at which any dues, fees or other charges are
authorized to be taken by or under this Act to receive the same and, subject to the control or the
2
[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 2[Government] prescribes, the receipts and expenditure of the
port, and shall publish annually as soon after the first day of 3[July] as may be practicable an abstract,
in such form as 4[the Government] prescribes, of the account for the past financial year.
5
* * * * * * *
(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 inc1uding–
(a) fines,
(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 credited in the port fund account of the port
(5) All expenses incurred for the sake of any such port, excluding expenses on account of
pilotage but including–
(a) the pay and allowances of all persons upon the establishment of the port,
(b) the cost of buoys, beacons, lights and all other works maintained chiefly for the
benefit of vessels being in or entering or leaving the port or passing through the
rivers or channels leading thereto,
(c) pensions, allowances and gratuities of persons who have been employed in the
port under this or any other enactment relating to ports and port-dues, or such
portion of those pensions, allowances and gratuities as the 6[Government] may
by rule determine,
1
The original proviso to this sub-section was omitted by Act 6 of 1916 s. 8, and the proviso ins. by the Bengal Pilot Service (Centralisation of
Administration) Act, 1929 (11 of 1929), s. 3, was omitted by A.O., 1937.
2
Subs. by A.O., 1937, for “L. G.”
3
Subs. by the Repealing and Amending Ordinance, 1965 (10 of 1965) s. 3 and 2nd Sch., for “April”.
4
Subs. by A.O., 1937, for “that Govt.”.
5
Sub-section (3) omitted by Act 6 of 1916, s. 9.
6
Subs. by A.O., 1937, for “L. G.”.
Page 19 of 31
(d) with the previous sanction of the l[Government], contributions towards the
support of public hospitals or dispensaries suitable for the reception or relief of
seamen or otherwise towards the provision of sanitary superintendence and
medical aid for the shipping in the port and for seamen whether ashore or afloat
belonging to vessels in the port, and
(e) with the like sanction, contributions towards sailors’ homes, institutes,
resthouses and coffee-houses and for other purposes connected with the health,
recreation and temporal well-being of sailors,
shall be charged to the port fund account of the port.
(6) Subject to the provisions of any local law as to the disposal of any balance from time to
time standing to the credit of a port fund account any such balance may be temporarily invested in
such manner as the l[Government] may direct.
37. Grouping of ports.— (1) The 2[Provincial Government] may direct that for the purposes
of the last foregoing section any number of ports 3[in the Province 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.
4
* * * * * * *
(2) Where ports are grouped by or under this Act, the following consequences ensue, namely:—
(a) the 1[Provincial Government], in the exercise of its control over expenditure
debitable to the common port fund account of the group, may, 5* * *, make rules
with respect to the expenditure of the fund for the sake of the several ports of
the group on the objects authorized by this Act, 6* * *; and
(b) the 2[Provincial Government] may exercise its authority under section 34 as
regards all the ports in the group collectively or as regards any of them
separately
38. Receipts for port-charges. 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
Subs. by A.O., 1937, for “L. G.”.
2
Subs. by A.O., 1937, for “L. G.”.
3
Ins., ibid.
4
The proviso to sub-section (1) omitted ibid.
5
The words “subject to the control of the G.G. in C” omitted by A.O., 1937. The words “subject to the control” had been subs. for the words “with the
previous sanction” by the Indian Ports (Amdt.) Act, 1916 (6 of 1916), s, 10.
6
The words “and shall cause effect to be given to any directions which the G. G. in C. may deem it necessary to issue with respect to such expenditure”
omitted by A. O. 1937.
Page 20 of 31
39. Master to report arrival.— (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 from any of the ports subject to this Act 1* * *
40. Conservator may in certain cases ascertain draught and charge expense to master. 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.
41. Ascertainment of tonnage of vessel liable to port-dues. 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 2* * * a vessel registered under the Registration of Ships Act,
1841 (X of 1841), or the Registration of Ships Act (1841) Amendment Act,
1850 (XI of 1850), or under any other law for the time being in force for the
registration of vessels in 3[Pakistan], 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 conservator 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 measurement.
(2) If the vessel is not 4* * * a vessel registered under the Registration of Ships Act, 1841 (X
of 1841), or the Registration of Ships Act (1841) Amendment Act, 1850 (XI of 1850), or under any
other law for the time being in force for the registration of vessels in 5[Pakistan], and the owner or
master thereof fails to satisfy the conservator as to what is her true tonnage according to the mode of
measurement prescribed by the rules for the time being in force for regulating the measurement of
6
[Pakistan vessels], the conservator shall cause the vessel to be measured and the tonnage thereof to
be ascertained, according to the mode aforesaid, and in such case the owner or master of the vessel
shall be liable to pay the expenses of the measurement.
1
The words “or to ballam boats plying to and from the port of Chittagong” omitted by the Federal Laws (Rrevision and Declaration) Ordinance, 1981
(27 of 1981), s. 3 and Second Sch.,
2
The words or “a British registered vessel or” omitted ibid.
3
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the
Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”
4
The words or “a British registered vessel or” omitted ibid.
5
The words “or to ballam boats plying to and from the port of Chittagong” omitted by the Federal Laws (Rrevision and Declaration) Ordinance, 1981
(27 of 1981), s. 3 and Second Sch.,
6
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., for” British vessels”.
Page 21 of 31
(3) If the vessel is a vessel of which the tonnage cannot be ascertained according to the mode
of measurement mentioned in clauses (1) and (2), the tonnage of the vessel shall be determined by the
conservator on such an estimate as may seem to him to be just.
42. Distraint and sale on refusal to pay port-charges. 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 portdues, fees or other charges and the costs including the costs of sale remaining unpaid, and shall
render the surplus, if any, to the master of the vessel upon demand.
43. No port-clearance to be granted until port charges are paid. The officer of 1[the
Government] whose duty it is to grant a port-clearance 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 an 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 (54 & 58 Vict.,
c. 60), section 207, are to be borne by her owner, incurred since her arrival in
the port from which he seeks clearance, have been paid.
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 in 2[Pakistan] to which she
may proceed, or in which she may be, to levy the sum.
(2) The authority to whom the requisition is directed shall Proceed to levy such sum in the
manner prescribed in section 42, and a certificate purporting to be made by the authority appointed to
receive port-dues, fees and other charges at the port where such sum as is mentioned in the last
foregoing, section became payable, stating the amount payable; shall be sufficient prima facie proof
of such amount in any proceeding under section 42 and also (in case the amount payable is disputed)
in any subsequent proceeding under section 59.
45. Penalty for evading payment of port-charges.— (1) If the master of a vessel evades the
payment of any such sum as is mentioned in section 43, he shall be punishable with fine which may
extend to five times the amount of the sum. (2) In any proceeding before a Magistrate on a prosecution
under sub-section (1), any such certificate as is mentioned in section 44, sub-section
1
The original word” Govt” was first subs. by A.O.., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), to read as
above.
2
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the
Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.
Page 22 of 31
(2), stating that the master has evaded such payment, shall be sufficient prima facie proof of
the evasion, unless the master shows to the satisfaction of the Magistrate that the departure of the vessel
without payment of the sum was caused by stress of weather, or that there was lawful or reasonable
ground for such departure.
(3) Any Magistrate having jurisdiction under this Act in any port to which the vessel may
proceed, or in which she may be found, shall be deemed to have jurisdiction in any proceeding under
this section.
46. Port-due on vessels in ballast. A vessel entering any port subject to this Act 1* * * in
ballast and not carrying passengers shall be charged with a port-due at a rate to be determined by the
2
[Government] and not exceeding three-fourths of the rate with which she would otherwise be
chargeable.
47. Port-due on vessels not discharging or taking in cargo. When a vessel enters a port
subject to this Act, but does not discharge or take in any cargo or passengers therein (with the exception
of such unshipment and reshipment as may be necessary for purposes of repair), she shall be charged
with a port-due at all rate to be determined by the 2[Government] and not exceeding half the rate with
which she would otherwise be chargeable.
48. Port-due not to be chargeable in certain cases.— No port-due shall be chargeable in
respect of—
(a) any pleasure-yacht, or
(b) any vessel which, having left any port, is compelled to re-enter it by stress of
weather or in consequence of having sustained any damage, 3*
3
* * * * * * *
49. Power to impose hospital port-dues.— (1) The 4[Federal Government] may, by
notification in, the 5[ official Gazette], order that there shall be paid in respect of every vessel entering
any port subject to this Act, within a reasonable distance of which there is a public hospital or
dispensary suitable for the reception or relief seamen requiring medical aid, such further port-dues not
exceeding one anna per ton as the 4[Federal Government] thinks fit.
(2) Such port-dues shall be called hospital port-dues, and the 4[Federal Government] shall, in
making any order under sub-section (1), have regard to any contributions made under section 36,
subsection (5), clause (d).
(3) An order imposing or increasing hospital port-dues shall not take effect till the expiration
of sixty days from the day on which the order was published in the 5[official Gazette].
1
The words and brackets “(other than a port in Burma)” omitted by A.O., 1937.
2
Subs. ibid., for “L. G.”
3
The word “or” and cl. (c) omitted by A.O., 1949.
4
Subs. by F. A.O., 1975, Art. 2 and Table, for “Central Government” which had been subs. by A.O., 1937, for “L. G.”.
5
Subs. by .A.O., 1937, for “local official Gazette”
Page 23 of 31
(4) Whenever the 1[Federal Government] is satisfied that proper provision has been made by
the owners or agents of any class of vessels for giving medical aid to the seamen employed on board
such class of vessels, or that such provision is unnecessary in the case of any class of vessels, it may,
by notification in the 2[official Gazette], exempt such class of vessels from any payment under this
section.
50. Application and account of hospital port-dues— (1) Hospital port-dues shall be applied,
3
as the [Federal Government] may direct, to the support of any such hospital or dispensary as aforesaid,
or otherwise for providing sanitary superintendence and medical aid for the shipping in the port in
which they are levied and for the seamen belonging to the vessels therein, whether such seamen are
ashore or afloat.
(2) The 3[Federal Government] shall publish annually in the 2[official Gazette], as soon after
the first day of April as may be, an account, for the past financial year, of the sums received as hospital
port-dues at each port where such dues are payable, and of the expenditure charged against those
receipts.
(3) Such account shall be published as a supplement to the abstract published under section 36,
sub-section (2)
HOISTING SIGNALS
51. Master to hoist number of vessel.— (1) The master of every inward or outward bound
vessel, on arriving within signal distance of any signal-station established 4* * * within the limits of
any part of a river or channel leading to a port subject to this Act, shall, on the requisition of the pilot
in charge of the vessel, signify the name of the vessel by hoisting the number by which she is known,
or by adopting such other means to this end as may be practicable and usual, and shall keep the signal
flying until it is answered from the signal station.
CHAPTER VI
(2) If the master of a vessel arriving as aforesaid offends against sub-section (1), he shall be
punishable for every such offence with fine which may extend to one thousand rupees.
52. Pilot to require master to hoist number.— (1) Every pilot in charge of a vessel shall
require the number of the vessel to be duly signalled as provided by the last foregoing section.
(2) When, on such requisition from the pilot, the master refuses to hoist the number of a vessel,
or to adopt such other means of making her name known as may be practicable and usual, the pilot
may, on arrival at the first place of safe anchorage, anchor the vessel and refuse to proceed on his
course until the requisition has been complied with.
53. Penalty on pilot disobeying provisions of this Chapter. Any pilot in charge of a vessel
who disobeys, or abets disobedience to, any of the provisions of this Chapter, shall be punishable with
fine which may extend to five hundred rupees for each instance of such disobedience or abetment, and,
in addition, shall be liable to have his authority to act as a pilot withdrawn.
1
Subs. by F. A.O., 1975, Art. 2 and Table, for “Central Government” which had been subs. by A.O., 1937, for “L. G.”.
2
Subs. by .A.O., 1937, for “local official Gazette”
3
Subs. by F. A. O., 1975, Art. 2 and Table, for “Central Government” which had been subs. by A. O., 1937, for “L.G”.
4
The words “within the limits of the river Hooghly, or” omitted by A.O., 1949.
Page 24 of 31
CHAPTER VII
PROVISIONS WITH RESPECT TO PENALTIES
54. Penalty for disobedience to rules and orders of the Government. If any person disobeys
any rule or order which a 1[Government] has made in pursuance of this Act and for the punishment of
disobedience to which express provision has not been made elsewhere in this Act, he shall be
punishable for every such offence with fine which may extend to 2[fifty thousand] rupees.
55. Offences how triable, and penalties how recovered. All offences against this Act shall
be triable by a Magistrate, and any Magistrate may, by warrant under his hand, cause the amount of
any fine imposed upon the owner or master of any vessel, for any offence committed on board of the
vessel or in the management thereof or otherwise in relation thereto, whereof the owner or master is
convicted, to be levied by distress and sale of the vessel, and the tackle, apparel and furniture thereof,
or so much thereof as is necessary.
56. Cost of conviction__ (1) In case of any conviction under this Act, the convicting Magistrate
may order the offender to pay the costs of the conviction in addition to any fine or expenses to which
he may be liable.
(2) Such costs may be assessed by the Magistrate and may be recovered in the same manner as
any fine under this Act.
57. Ascertainment and recovery of expenses and damages payable under this Act __ (1) If
any dispute arises as to the sum to be paid in any case as expenses or damages under this Act, it shall
be determined by a Magistrate upon application made to him for that purpose by either of the disputing
parties.
(2) Whenever any person is liable to pay any sum, not exceeding one thousand rupees, as
expenses or damages under this Act, any Magistrate, upon application made to him by the authority to
whom the sum is payable, may, in addition to or instead of any other means for enforcing payment,
recover the sum as if it were a fine.
58. Cost of distress. Whenever any fine, expenses or damages is or are levied under this Act
by distress and sale, the cost of the distress and sale may be levied in addition to such fine, expenses
or damages, and in the same manner.
59. Magistrate to determine the amount to be levied in case of dispute. If any dispute arises
concerning the amount leviable by any distress or arrest under this Act or the costs payable under the
last foregoing section, the person making the distress or using the arrest may detain the goods
distrained or arrested, or the proceeds of the sale thereof, until the amount to be levied has been
determined by a Magistrate, who, upon application made to him for that purpose, may determine the
amount, and award such costs to be paid by either of the parties to the other of them as he thinks
reasonable, and payment of such costs, if not paid on demand, shall be enforced as if they were a fine.
1
Subs. by A. O., 1937, for “L.G.”
2
Subs. by the Ports (Amdt.) Act, 1975 (28 of 1975), s. 3, for “one hundred”.
Page 25 of 31
60. Jurisdiction over offences beyond local limits of jurisdiction (1) Any person offending
against the provisions of this Act in any port subject to this Act shall be punishable by any Magistrate
having jurisdiction over any district or place adjoining the port.
(2) Such Magistrate may exercise all the powers of a Magistrate under this Act, in the same
manner and to the same extent as if the offence had been committed locally within the limits of his
jurisdiction, notwithstanding that the offence may not have been committed locally within such limits,
and, in case any such Magistrate exercises the jurisdiction hereby vested in him, the offence shall be
deemed, for all purposes, to have been committed locally within the limits of his jurisdiction.
61. Conviction to be quashed on merits only.— (1) No conviction, order or judgment of any
Magistrate under this Act shall be quashed for error of form or procedure, but only on the merits, and
it shall not be necessary to state, on the face of the conviction, order or judgment, the evidence on
which it proceeds.
(2) If no jurisdiction appears on the face of the conviction, order or judgment, but the
depositions taken supply that defect, the conviction, order or judgment shall be aided by what so
appears in the depositions.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
62. Hoisting unlawful colours in port.— (1) If any vessel belonging to any 1[citizens of
Pakistan] 2* * * or sailing under 3[Pakistan 2* * colours], hoists, carries or wears, within the limits of
any port subject to this Act, any flag, jack, pennant or colours, the use whereof on board such vessel
has been prohibited by the Merchant Shipping Act, 1894 (57 & 58 Viet. c. 60), or any other Statute
now or here-after to be in force, or by any proclamation made or to be made in pursuance of any such
Statute, or by any of 4[the regulations] in force for the time being, the master of the vessel shall, for
every such offence, be punishable with fine which may extend to fifty rupees.
(2) Such fine shall be in addition to any other penalty recoverable in respect of such an offence.
(3) The conservator of the port, or any officer of 5[the Pakistan Navy], may enter on board any
such vessel and seize and take away any flag, jack, pennant or colours so unlawfully hoisted, carried
or worn on board the same.
63. Foreign deserters. Any Magistrate, upon an application being made to him by the Consul
of any Foreign Power to which section 238 of the Merchant Shipping Act, 1894 (57 & 58 Viet. c. 60),
has, by an Order in Council 6[or order], been, or shall hereafter be, declared to be applicable, or by the
representative of such Consul, and upon complaint on oath of the desertion of any seaman, not being
a slave, from any vessel of such Foreign Power, may, until a revocation of such order in Council
1
Subs. by A. O., 1961, Art. 2 and Sch., for “of His Majesty’s subjects” (with effect from the 23rd March, 1956) .
2
The words “or any Commonwealth Citizen” and “or British” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981),
s. 3, and Second Sch.,
3
Subs. by A. O., 1961, Art. 2 and Sch., for “British Colours” (with effect from the 23rd March,1956).
4
Subs. ibid ., for “His Majesty’s regulations” (with effect from the 23rd March,1956).
5
The original words “His Majesty’s Navy or Indian Marine Service” have successively been amended by A. O., 1937, A. O., 1949 and A. O., 1961
(with effect from the 23rd March, 1956), to read as above.
6
Ins. by A. O., 1961, Art. 2 and Sch. (with effect from 23rd March, 1956)
Page 26 of 31
1
[or order] has been publicly notified, issue his warrant for the apprehension of any such
deserter, and, upon due proof of the desertion, may order him to be conveyed on board the vessel to
which he belongs, or, at the instance of the Consul, to be detained in custody until the vessel is ready
to sail, or, if the vessel has sailed, for a reasonable time not exceeding one month:
Provided that a deposit be first made of such sure as the Magistrate deems necessary for the
subsistence of the deserter during the detention and that the detention of the deserter shall not be
continued beyond twelve weeks.
64. Application of sections 10 and 21.— (1) The provisions of sections 10 and 21 shall be
applicable to all ports heretofore or hereafter declared by the 2[Government] to be ports for the
shipment and landing of goods but not otherwise subject to this Act, and may be enforced by any
Magistrate to whose ordinary jurisdiction any such port is subject.
(2) Any penalties imposed by him, and any expenses incurred by his order, under the said
provisions, shall be recoverable respectively in the manner provided in sections 55 and 57.
(3) In any of the said ports for the shipment and landing of goods the consent referred to in
section 21, sub-section (4), may be given by the principal officer of customs at such port or by any
other officer appointed in that behalf by the 3[Government].
65. Grant of sites for sailors’ institutes.— Any local authority in which any immoveable
property in or near a port is vested may, 4[with the previous sanction, in the case of a cantonment
authority or the port authority of a major port, of the 3[Federal Government], and in other cases, of the
Provincial Government], appropriate and either retain and apply, or transfer by way of gift or
otherwise, the whole or any part of the property as a site for, or for use as, a sailors’ home or other
institution for the health, recreation and temporal well-being of sailors.
66. Exercise of powers of conservator by his assistants.— (1) All acts, orders or directions
by this Act authorized to be done or given by any conservator may, subject to his control, be done or
given by any harbour-master or any deputy or assistant of such conservator or harbour-master.
(2) Any person authorised by this Act to do any act may call to his aid such assistance as may
be necessary.
67. Service of written notice of directions. Any written notice of a direction given under this
Act, left for the master of any vessel with any person employed on board thereof, or affixed on a
conspicuous place on board of the vessel, shall, for the purposes of this Act, be deemed to have been
given to the master thereof.
1
Ins. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956).
2
Subs. by A. O., 1937, for “L.G.”
3
Subs. by A. O., 1937, for “L.G.”
4
Subs. ibid. for “with the previous sanction of the L.G.”
Page 27 of 31
68. Publication of orders of Government.— Every declaration, order and rule of a
1
[Government] made in pursuance of this Act shall be published in the 2[official 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 relates, and shall there be open at all reasonable times to the
inspection of any person without payment of any fee.
3[68A. Authorities exercising jurisdiction in port to co-operate in manoeuvres for defence
of port. Every authority exercising any powers or jurisdiction in, or relating to, any port to which this
Act for the time being applies shall, if so required by an officer authorised by general or special order
of the 4[Federal Government] in this behalf, co-operate in such manner as such officer may direct, in
carrying out any manoeuvres in connection with any scheme or preparations for the defence of the said
port in time of war, and for this purpose shall, if so required, temporarily place at the disposal of such
officer the services of any of its staff and the use of any of its vessels, property, equipment or other
material:
Provided, firstly, that if any vessels are placed at the disposal of such officer in accordance with
this section, the 5[Federal Government] shall, in respect of the period during which they are so at his
disposal, bear the running expenses of such vessels, and be responsible for any damage thereto.
Explanation. __The expression “running expenses” in this proviso includes all outlay incurred
in connection with the use of the vessels other than any charges for their hire, or for the wages of the
officers and crews of such vessels:
Provided, secondly, that any officer making a requisition under this section shall exercise his
powers in such a way as to cause as little disturbance to the ordinary business of the port as is
compatible with the exigencies of the efficient carrying out of the manoeuvres:
Provided, thirdly, that no suit or other legal proceeding shall lie against any authority for any
default occurring by reason only of compliance with a requisition under this section.
68B. Duties of the said authorities in an emergency. Whenever the 6[Federal Government]
is of opinion that an emergency has arisen which renders it necessary that the duties imposed for the
purposes specified in section 68A on the authorities therein mentioned, or other duties of a like nature,
should be imposed on such authorities continuously during the existence of the emergency, 7[it] may,
by general or special order, authorise any officer to require the said authorities to perform such duties
until the 6Federal Government] is of opinion that the emergency has passed, and the said authority
shall comply accordingly, and the provisions of the said section shall apply subject to the following
modification, namely:-
1
Subs. by A. O., 1937, for “L.G.”
2
Subs. ibid. for “local official Gazette”.
3
Ss. 68A and 68B ins. by the Indian Ports (Amdt.) Act,1916 (6 of 1916), s.11.
4
Subs. by F. A. O., 1975, Art. 2 and Table for “Central Government” which has been subs. by A. O., 1937, for “G. G. in C”.
5
Subs. ibid. for “Central Government” which has been subs. by A.O., 1937, for “G. of I”.
6
Subs by F. A.O., 1975, Art. 2 and Table, for “Central Government” which has been subs. by A. O., 1937 for “G. G. in C”.
7
Subs. by A. O.,1937 for “he”.
Page 28 of 31
The 3[Federal Government] shall pay any authority, on whom a requisition has been made,
such compensation for any loss or damage attributable to such requisition, and for any services
rendered or expenditure incurred in complying therewith as, in default of agreement, shall be decided
to be just and reasonable, having regard to the circumstances of the case, by the arbitration of a person
to be nominated in this behalf by the 1[Federal Government], and the decision of such person shall be
final.]
69. [Repeal.] Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Schedule.
THE FIRST SCHEDULE
PORTS, VESSELS CHARGEABLE, RATE OF PORT-DUES AND FREQUENCY
OF PAYMENT,
(See sections 1 and 33)
PART 1 .-[BENGAL.] Omitted by A. O., 1949
PART II.- [MADRAS PRESIDENCY.] Omitted by A.O., 1949
3
Subs. by F. A. O., 1975, Art. 2 and Table for “Central Government” which has been subs. by A. O., 1937, for “G of I”.
Page 29 of 31
THE FIRST SCHEDULE. ____ contd.
1
[PART III. ___ KARACHI]
Name of Port.1 Vessels chargeable. 2 Rate of port dues. Due how often
3 chargeable in respect
of same vessels. 4
2
* * * * * * * *
3
[Karachi Sea-going vessels ten tons and Not exceeding Once in 5[three
4
upwards (except fishing [three rupees] per months].
boats). ton.
Ditto Once between the 1st
Tug-boats, ferryboats and January and the 30th
riverboats, whether propelled June, and once
by steam or other mechanical between the 1st July
means. and the 31st December,
in each year.]
6 7
[Mohammad bin- [Ocean-going vessels other Not exceeding One each entry.
qasim. than coastal vessels, country eighteen rupees
craft and fishing boats. and fifty paisa per
ton.
Coastal vessels, country craft One each entry.
and fishing boats in excess of Not exceeding nine
200 tons. rupees and twenty
five paisa per ton.
Coastal vessels, country craft Once in the same
and fishing boats exceeding Not exceeding month.
10 tons but not exceeding 200 three rupees per
tons. ton.
Once between the 1st
Tug steamers or river January and the 30th
steamers not owned by the Not exceeding June and once
Port. three rupees per between the 1st July
ton. and the 31st December,
in each year.]
8
* * * ** ** *
1
Subs. by A.O.,1949, for the heading “Part III-BOMBAY PRESIDENCY”.
2
The entries relating to Bombay Presidency, omitted ibid.
3
Subs. by Notifn. No. S.R.O. 204, dated the 14th May, 1959, see Gaz. of P, 1959, Pt. I, p. 232, for the entries as amended by Notify. of the Govt. of
Bombay in the Marine Department, No. 459, dated the 13th July, 1923.
4
Subs.by S.R.O.25 (KE)/79, dated 26th April, 1979,see Gaz. of P. 1979 Ext. (K) Pt. II, p. 42, for “one rupee”.
5
Subs. ibid., for “the same month”.
6
Added by S.R.O. 39 (KE) /73, dated 5th September, 1973, see Gaz. of P., 1973, Ext. (K) Pt. II, p. 161.
7
Subs. by S.R.O. 55 (KE)/81, dated 12th December, 1981, see Gaz. of P., 1981, Ext, (K) Pt. -IIp. 158, for columns 2,3 and 4 which were amended by
S.R.O. 27 (KE)/74, dated 23rd March, 1974, see Gaz. of P.,1974, Ext., (K) Pt. II, p. 29 .
8
The entries relating to Aden, omitted by A. O., 1937.
Page 30 of 31
THE FIRST SCHEDULE. _____ concld.
PART IV .-[ BURMA]. Rep by A.O., 1937.
1
Part V.-[East Pakistan.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981
(XXVII of 1981), s. 3 and Second Schedule.
THE SECOND SCHEDULE.-[ENACTMENTS REPEA LED.] Rep. by the Repealing Act, 1938 (I
of 1938), s. 2 and Sch
1
This Part was previously amended by various enactments from time to time.
Page 31 of 31
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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