Section 8 of THE INDIAN PORTS ACT, 1908

S.R. 1831, dated 16-11-1963. 9. The words “with the previous sanction of the Governor General in Council and” omitted by Act 6 of 1916, s. 3.

¹[Explanation.—For the removal of doubts, it is hereby declared that the power coffered 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.]

1. (2)When the ²[Government] alters the limits of a port under sub-section (1), it shall declare or describe, by notification in the 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:—
   1. (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;
   2. (b)for regulating the berths, stations and anchorages to be occupied by vessels in any such port;
   3. (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;
   4. (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:
   5. (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;

⁴[(eee) for regulating the bunkering of vessels with liquid fuel in any such port and the description description of barges, pipe lines or tank vehicles to be employed in such bunkering;]

1. (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, (pays, docks, moorings and other works in or adjoining to the same, and for marking out the spaces so to be kept free;
2. (g)for regulating the anchoring, fastening, mooring and unmooring of vessels in any such port;
3. (h)for regulating the moving and warping of all vessels within any such port and the use of warps therein;
   1. (i)for regulating the use of the mooring buoys, chains and other moorings in any such port;
4. (j)for fixing the rates to be paid ⁵[in a port other than a major port] for the use of such moorings when belonging to the ⁶[Government], or of any boat, hawser or other thing belonging to the ²[Government]; 7[(jj) for regulating the use of piers, jetties, landing places, wharves, quays, warehouses and sheds when belonging to the Government;
5. (jja)for fixing the rates to be paid for the use of piers, jetties, landing places, wharves, quays, warehouses and sheds of any port, other than a major port, when belonging to the Government;] 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, and for licensing and regulating the crews of any such vessels; and for determining the quantity of cargo or number of passengers or of the crew to be carried by any such vessels and the conditions under which such vessels shall be compelled to ply for hire, and further for the conditions under which any licence may be revoked;
6. (kk)for providing for the fees payable in respect of the services specified in clause
7. (k)for any port, other than a maj or port;]
8. (l)f or r e gul a t i n g t he us e of f i r e s a nd l i ght s wi t hi n a n y s uc h por t ;
9. (m)for enforcing and regultaing the use of signals or signal-lights by vessels by day or by night in any such port;
10. (n)f or re gula ting t he numbe r of the c re w which must be on boar d a ny ve ssel afl oat

↩1.Ins. by Act 17 of 1978, s. 2.

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

↩3.Ins. by Act 39 of 1923, s. 2.

↩4.Ins. by Act 9 of 1925, s. 2.

↩5.Ins. by Act 15 of 1997, s. 3 (w.e.f. 9-1-1997).

↩6.Subs. by the A.O. 1950, for “Crown” which had been subs. by the A.O. 1937, for “Government”.

↩7.Subs. by Act 15 of 1997, s. 3, for clause (jj) (w.e.f. 9-1-1997).

wit hin t he li mits of any such port;

1. (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; 2[(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—

1. (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 neighbourhood 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;

1. (ii)the medical inspection of such vessels and of persons on board such vessels;
2. (iii)the questions to be answered and the information to be supplied by masters, pilots and other persons on board such vessels;
3. (iv)the detention of such vessels and of persons on board such vessels;
4. (v)the duties to be performed in cases of any such disease by masters, pilots and other persons on board such vessels;
5. (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;
6. (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;

(v i i i) t he di s po s a l o f t h e d e a d on s u c h ve s s e l s ; a n d]

1. (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—
   1. (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; 3. Certain words omitted by the A.O. 1937.
   2. (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;
   3. (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;
   4. (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 non-conducting material between such quarters and the galley.
      • * * * *

↩1.Subs. by Act 15 of 1997, s. 3, for clause (k) (w.e.f. 9-1-1997).

↩2.Subs. by Act 4 of 1911, s. 2, for clause (p).

1. (2)The power to make rules under sub-section (1) *** 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 (10 of 1889) and continued by section 2, sub-section (2), of that Act. 3[(2A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. (2B) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which

may be comprised in one session or in two or more successive sessions, and if, before the expiry of the

session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

1. (3)If any person disobeys any rule made under clause (p) of sub-section (1), he shall be punishable for every such offence with fine which may extend to one thousand rupees.
2. (4)If a master fails wholly or in part to do any act prescribed by any rule made under clause
   1. (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.

C H A P T E R I I I

PORT-OFFICIALS AND THEIR POWERS AND DUTIES 7. Appointment of conservator.—(1) The

⁴[Government] shall appoint some officer or body of persons to be conservator of every port subject to this Act.

1. (2)Subject to any direction by the ⁴[Government] to the contrary,—
   1. (a)in ports where there is a port-officer, the port-officer shall be the conservator;
   2. (b)in ports where there is no port-officer, but where there is a harbour-master, the harbour-master shall be the conservator.
2. (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.
3. (4)The conservator shall be subject to the control of the ⁴[Government], or of any intermediate authority which ⁵[the Government] may appoint. 1. Sub-section (1A) omitted by Act 26 of 1938, s. 2. The words, brackets, figure and letter “and sub-section (IA)” omitted by Act 26 of 1938, s. Act 15 of 1922, s. 2.

↩8.Earlier inserted by Act 15 of 1922, s. 2

↩8.Earlier inserted by

↩3.Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).

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

5. S ub s ., i bi d. , fo r “th a t Gover n me n t”.

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 under section 6.

1. (2)If any persons wilfully and without lawful excuse refuses or neglects 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.
2. (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.