Vidhi Codex

THE INDIAN PORTS ACT, 1908"

The Indian Port Act 1908

Infrastructure190873 sections8 chapters

The Indian Ports Act 1908 regulates the administration, safety, and financing of India’s ports. It applies to vessel masters, crews, and port authorities, governing the movement of commercial ships and aircraft on water, while exempting government ships and foreign warships. The law matters because it ensures maritime safety and environmental protection by regulating traffic, preventing ballast pollution, and establishing documentation and health inspections to control infectious diseases. Additionally, it empowers authorities to collect various port dues to fund essential navigation infrastructure like buoys and lights, thereby keeping shipping channels clear and India's vital international maritime trade flowing safely and efficiently.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Title and extent
  2. 2Saving
  3. 3Definitions

Chapter IL POWERS OF THE [GOVERNMENT] →

  1. 4Power to extend or withdraw the Act or certain portions thereof
  2. 5Alteration of limits of ports
  3. 6Power to make part-rules

Chapter LLL PORT-OFFICIALS AND THEIR POWERS AND DUTIES →

  1. 7Appointment of conservator
  2. 8Power of conservator to give and enforce directions for certain specified purposes
  3. 9Power to cut warps and ropes
  4. 10Removal of obstructions within limits of port
  5. 11Recovery of expenses of removals
  6. 12And may, if necessary from time to time, realize the expenses of keeping the same, together with the expenses of sale, by a further sale of so much of the thing or materials as may remain unsold.
  7. 13Fouling of Government moorings
  8. 14Raising or removal or wreck impeding navigation within limits of port
  9. 15Power to board vessels and enter buildings
  10. 16Power to require crews to prevent or extinguish fire
  11. 17Appointment and powers of health-officer
  12. 18Indemnity of Government against act or default of port-official or pilot

Chapter IV RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF →

  1. 19Injuring buoys, beacons and moorings
  2. 20Willfully loosening vessel from moorings
  3. 21Improperly discharging ballast
  4. 22Graving vessel within prohibited limits
  5. 23Boiling pitch on board vessel within prohibited limits
  6. 24Drawing spirits by unprotected artificial light
  7. 25Warping
  8. 26Leaving out warp or hawser after sunset
  9. 27Discharge of firearms in port
  10. 28Penalty on master omitting to take order to extinguish fire
  11. 29Unauthorized person not to search for lost stores
  12. 30Removing stones or. Injuring shores of port prohibited
  13. 31Moving of vessels without pilot or permission of harbour master
  14. 32Provision of certain vessels with fire extinguishing apparatus

Chapter V PORT-DUES, FEES AND OTHER CHARGES →

  1. 33Levy of port-dues
  2. 35Fees for pilotage and certain other services
  3. 36Receipt, expenditure and account of port-charges
  4. 37Grouping of ports
  5. 38Receipts for port-charges
  6. 39Report of arrival of vessel
  7. 40Conservator may in certain cases ascertain draught and charge expense to master
  8. 41Ascertainment of tonnage of vessel liable to port-dues
  9. 42Distraint and sale on refusal to pay port-charges
  10. 43No port-clearance to be granted until port-charges are paid
  11. 44Port-charges payable in one port recoverable at any other port
  12. 45Penalty for evading payment of port-charges
  13. 46Port-due on vessels in ballast
  14. 47Government] and not exceeding three-fourths of the rate with which she would otherwise be chargeable.
  15. 48Port-due not to be chargeable in certain cases
  16. 49Gopalpur in the State of Orissa], leaves it within forty-eight hours without discharge or taking in any passengers or cargo.
  17. 50Application and account of hospital port-dues

Chapter VI HOISTING SIGNALS →

  1. 51Master to hoist number of vessel
  2. 52Pilot to require master to hoist number
  3. 53Penalty on pilot disobeying provisions of this Chapter

Chapter VII PROVISIONS WITH RESPECT TO PENALTIES →

  1. 54Penalty for disobedience to rules and orders of the Government
  2. 55Offences how triable, and penalties how recovered
  3. 56Costs of conviction
  4. 57Ascertainment and recovery of expenses and damages payable under this Act
  5. 58Cost of distress
  6. 59Magistrate to determine the amount to be levied in case of dispute
  7. 60Jurisdiction over offences beyond local limits of jurisdiction
  8. 61Conviction to be quashed on merits only

Chapter VIII SUPPLEMENTAL PROVISIONS →

  1. 62Hoisting unlawful colours in port
  2. 63Foreign deserters
  3. 64Application of sections 10 and 21
  4. 65Grant of sites for sailors institutes
  5. 66Exercise of powers of conservator by his assistants
  6. 67Service of written notices of directions
  7. 68Publication of orders of Government
  8. 68BProvided, thirdly, that no suit or other legal proceeding shall lie against any authority for any default occurring by reason only of compliance with a requisition under this section.

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