Section 44 of The Indian Ports Act, 2025 — Measures for prevention or containment of pollution
Bare section text
Official Legislative Text
(1) Every port shall report the particulars of any incident that threatens or is likely to pose a threat of pollution to the coastal waters or related interests, to the Government, in such manner as may be prescribed by the Central Government in consultation with the State Government. (2) Where the Central Government is satisfied that an incident which threatens or is likely to pose a threat of pollution to the coastal waters or related interests has taken place or is likely to take place, it
Educational Study Layer
Summary
- Every port must report any incident that threatens or is likely to pose a threat of pollution to coastal waters to the Government.
- The manner of reporting such incidents is prescribed by the Central Government in consultation with State Governments.
- The Central Government has the power to direct a port, State Government, or Authority to take action to prevent or contain the pollution threat.
- Coastal waters include territorial waters and any marine area where India has jurisdiction over pollution control.
- Failing to report a pollution incident can lead to a fine of up to 1 lakh rupees.
Practical examples
FAQ
1. When must a port report an incident under Section 44 of this Act?
A port must report any incident that threatens or is likely to pose a threat of pollution to coastal waters or related interests under Section 44 of this Act.
2. Can the Central Government force a port to clean up a spill under Section 44 of this Act?
Yes, Section 44 of this Act allows the Central Government to direct a port to take action for the prevention or containment of pollution if it is satisfied a threat exists.
3. What are coastal waters as defined in Section 44 of this Act?
Under Section 44 of this Act, coastal waters include territorial waters, maritime zones, or any marine area where India has jurisdiction over marine pollution control.
Practice Quiz
Q1.A port observes a ship leaking ballast water into a marine area just outside territorial waters where India still has pollution control rights. Must they report this under Section 44 of this Act?
Q2.If a port ignores a Central Government direction to contain a pollution threat under Section 44 of this Act, what is the maximum daily fine after conviction?
Q3.To whom must a port report a pollution incident according to Section 44 of this Act?
Q4.A port is convicted for failing to follow a Central Government order to contain a spill. If they still do not follow the order for 5 more days after the conviction, what is the additional penalty for those 5 days?