Section 3 of THE INDIAN PORTS ACT, 1908

In this Act, unless there is anything repugnant in the subject or context, —

⁵[(1) “Magistrate” means a person exercising powers under the Code of Criminal Procedure, 1973 (2 of 1974);]

1. (2)“master”, when used in relation to any vessel ⁶[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 ⁶[of the port]) having for the time being the charge or control of the vessel ⁶[or the aircraft, as the case may be]; 1. For Report of Select Committee, see Gazette of India, 1908, Pt. V, p. 359; and for Proceedings in Council, see Gazette of India, 1908, Pt. VI, pp. 146, 154 and 182. This Act has been supplemented in its application to the port of Cochin by the Cochin Port Act, 1936 (6 of 1936), s. 2 and Sch. This Act has been amended in Andhra Pradesh by A.P. Act 18 of 1968, in Pondicherry by Pondy. Act 10 of 1969 and Tamil Nadu by T.N. Act 19 of 1975. This Act has been extended to Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and Sch. I, to the whole of the Union territory of Lakshadweep (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and Sch., and Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch.

↩2.Subs. by the A.O. 1937, for “Local Government”.

↩3.Subs. by the A.O. 1950, for “His Majesty”.

↩5.Subs. by Act 15 of 1997, s. 2, for clause (1) (w.e.f. 9-1-1997).

↩6.Ins. by Act 35 of 1951, s. 188.

4 . The words “or the Go vern m ent of India” omitted b y the A .O. 19 37 .

1. (3)“pilot” means a person for the time being authorised by the 1[Government] to pilot vessels;
2. (4)“port” includes also any part of a river or channel in which this Act is for the time being in force;
3. (5)“port officer” is synonymous with master-attendant; ²[(6) “ton” means a ton as determined or determinable by the rules made under section 74 of the Merchant Shipping Act, 1958 (44 of 1958), for regulating the measurement of the gross tonnage of ships;]
4. (7)“vessel” includes anything made for the conveyance ³[mainly] by water of human beings or of property; 4[(8) “major port” means any port which the Central Government may by notification in in the Official Gazette declare, or may under any law for the time being in force have declared, to be a major port; ⁵[and]
5. (9)“Government”, as respects major ports, for all purposes, 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 Central Government, and save as aforesaid, means the State Government.]
   • * * * * CHAPT ER II POWERS OF THE 1[GOVERNMENT]