Section 68D of THE INDIAN PORTS ACT, 19081

69.[Repealed.].

THE FIRST SCHEDULE.—PORTS, VESSELS CHARGEABLE, RATE OF PORT-DUES AND FREQUENCY

OF PAYMENT.

THE SECOND SCHEDULE.—[Repealed.].

THE INDIAN PORTS ACT, 19081 ACT NO. 15 OF 1908

[18th December, 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 PRELIMINARY

1. Title and extent.—(1) This Act may be called the Indian Ports Act, 1908.

1. (2)It shall extend, save as otherwise appears from its subject or context,—
   1. (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 (for the Regulation of Ports and Port-dues) or to the Indian Ports Act, 1875 (12 of 1875), or to the Indian Ports Act, 1889 (10 of 1889);
   2. (b)to the other ports or parts of navigable rivers or channels to which the ²[Government], in exercise of the power hereinafter conferred, extends this Act.
2. (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 ²[Government]. 2. Savings.—Nothing in this Act shall—
   1. (i)apply to any vessel belonging to, or in the service of, ³[the Central Government or a State Government] 4*** or to any vessel of war belonging to any Foreign Prince or State, or
   2. (ii)deprive any person of any right of property or other private right, except as hereinafter expressly provided, or
   3. (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, — ⁵[(1) “Magistrate” means a person exercising powers under the Code of Criminal Procedure, 1973 (2 of 1974);]
3. (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. 4. The words “or the Government of India” omitted by the A.O. 1937.
4. (3)“pilot” means a person for the time being authorised by the 1[Government] to pilot vessels;
5. (4)“port” includes also any part of a river or channel in which this Act is for the time being in force;
6. (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;]
7. (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]
8. (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.] 6*

↩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.