Section 68 of THE INDIAN PORTS ACT, 19081
62. Hoisting unlawful colours in port.—(1) If any vessel belonging to 1[any citizen of India or commonwealth citizen] or sailing under 2[Indian or British 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 hereafter to be in force, or by any proclamation made or to be made in pursuance of any such Statute, or by any of 3[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 4[the Indian 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 Vict., c. 60) has, by an Order in Council 5[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 5[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 sum 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 6[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 6[Government]. 65. Grant of sites for sailors’ institutes.—Any local authority in which any immovable property in or near a port is vested may, 7[with the previous sanction, in the case of cantonment authority or the port authority of a major port, of the Central Government, and in other cases, of the State 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 notices of directions.—Any written notice of 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.Subs. by the A.O. 1950, for “any of His Majesty‟s subjects”.
↩2.Subs., ibid., for “British colors”.
↩3.Subs., ibid., for “His Majesty‟s regulations”.
↩4.Subs. by the A.O. 1950, for “His Majesty‟s Navy or the Royal Indian Navy”.
↩5.Ins., ibid.
↩6.Subs. by the A.O. 1937, for “Local Government”.
↩7.Subs., ibid., for “with the previous sanction of the Local Government”.
Every declaration, order and rule of a 1[Government]
made in pursuance of this Act shall be published in the 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.