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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
 
 

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