Ports Act, 1908 (Act No. XV of 1908).

THE PORTS ACT, 1908

(ACT NO. XV OF 1908).

Part No : Chapter No : Section No:

[ 18th December, 1908 ]

	¹ 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:-

CONTENTS

SECTIONS

CHAPTER I
PRELIMINARY

1. Title and extent

2. Savings

3. Definitions

CHAPTER II
POWERS OF THE GOVERNMENT

4. Power to extend or withdraw the Act or certain portions thereof

5. Alteration of limits of port

5A. Power to determine rates of wages and remuneration and to create welfare funds

6. Power to make port-rules

CHAPTER III
PORT-OFFICIALS AND THEIR POWERS AND DUTIES

7. Appointment of Conservator

8. Power of conservator to give and enforce directions for certain specified purposes

9. Power to cut warps and ropes

10. Removal of obstructions within limits of port

11. Recovery of expenses of removal

12. Removal of lawful obstructions

13. Fouling of Government moorings

14. Raising or removal of wreck impeding navigation within limits of port

15. Power to board vessels and enter buildings

16. Power to require crews to prevent or extinguish fire

17. Appointment and powers of health-officer

18. Indemnity of Government against act or default of port-official or pilot

CHAPTER IV
RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS

General Rules

19. Injuring, buoys, beacons and moorings

20. Wilfully loosening vessel from moorings

21. Improperly discharging ballast

22. Graving vessel within prohibited limits

23. Boiling pitch on board vessel within prohibited limits

24. Drawing spirits by unprotected artificial light

25. Warping

26. Leaving out warp or hawser after sunset

27. Discharge of fire-arms in port

28. Penalty on master omitting to take order to extinguish fire

29. Unauthorised person not to search for lost stores

30. Removing stones or injuring shores of port prohibited

Special Rules

31. Moving of vessels without pilot or permission of harbour-master

32. Provision of certain vessels with fire-extinguishing apparatus

CHAPTER V
PORT-DUES, FEES AND OTHER CHARGES

33. Levy of port-dues

34. Variation of port-dues by Government

35. Fees for pilotage and certain other services

36. Receipt, expenditure, and account of port-charges

37. Grouping of ports

38. Receipts for port-charges

39. Master to report arrival

40. Conservator may in certain cases ascertain draught and charge expense to master

41. Ascertainment of tonnage of vessel liable to port-dues

42. Distraint and sale on refusal to pay port-charges

43. No port-clearance to be granted until port-charges are paid

44. Port-charges payable in one port recoverable at any other port

45. Penalty for evading payment of port-charges

46. Port-due on vessels in ballast

47. Port-due on vessels not discharging or taking in cargo

48. Port-due not to be chargeable in certain cases

49. Power to impose hospital port-dues

50. Application and account of hospital port-dues

CHAPTER VI
HOISTING SIGNALS

51. Master to hoist number of vessel

52. Pilot to require master to hoist number

53. Penalty on pilot disobeying provisions of this Chapter

CHAPTER VII
PROVISIONS WITH RESPECT TO PENALTIES

54. Penalty for disobedience to rules and orders of the Government

55. Offences how triable, and penalties how recovered

56. Costs of conviction

57. Ascertainment and recovery of expenses and damages payable under this Act

58. Cost of distress

59. Magistrate to determine the amount to be levied in case of dispute

60. Jurisdiction over offences beyond local limits of jurisdiction

61. Conviction to be quashed on merits only

CHAPTER VIII
SUPPLEMENTAL PROVISIONS

62. Hoisting unlawful colours in port

63. Foreign deserters

64. Application of sections 10 and 21

65. Grant of sites for sailors’ institutes

66. Exercise of powers of conservator by his assistants

67. Service of written notices of directions

68. Publication of orders of Government

68A. Authorities exercising jurisdiction in ports to co-operate in manoeuvres for defence of port

68B. Duties of the said authorities in an emergency

69. [Repealed]

SCHEDULE