Chapter VIII SUPPLEMENTAL PROVISIONS

(1) If any vessel belonging to any citizen of India or common wealth citizen sailing under Indian or British colours, hoists, carries or wears, within the limits of any port subjects to this Act, any flag, jack, pennant or colours, the use whereof on board such vessel has been prohibited by the, Merchant Shipping Act, 1894 (57 & 58 Vict., c. 60) or any other Statute now or hereafter to be in force, or by any proclamation made or to be made in pursuance of any such Statute, or by any of the regulations in force for the time being, the master of the vessel shall, for every such offence, be punishable with fine which may extend to fifty rupees. (2) Such fine shall be in addition to any other penalty recoverable in respect of such an offence. (3) The conservator of the port, or any officer of the Indian Navy, may cater on board any such vessel and seize and take away any flag, jack, pennant or colors so unlawfully hoisted, carried or worn on board the same.

Any Magistrate, upon an application being made to him by the Consul of any Foreign Power to which section 238 of the Merchant "Shipping Act, 1894 (57 & 58 Vict., c. 60) has, by an Order in Council or order, been, or shall hereafter be, declared to be applicable, or by the representative of such Consul, and upon complaint on oath of the desertion of any seaman, not being a slave, from any vessel of such Foreign Power, may, until a revocation of such Order in Council or order has been publicly notified, issue his warrant for the apprehension of any such deserter, and, upon due proof of the desertion, may order him to be conveyed on board the vessel to which he belongs or, at the instance of the Consul, to be detained in custody until the vessel is ready to sail, or, if the vessel has sailed, for a reasonable time not exceeding one month: Provided that a deposit be first made of such sum as the Magistrate deems necessary for the subsistence of the deserter during the detention and that the detention of the deserter shall not be continued beyond twelve weeks.

(1) The provisions of section 10 and 21 shall be applicable to all ports heretofore or hereafter declared by the Government to be parts for the shipment and landings of goods but not otherwise subject to this Act, and may be enforced by any Magistrate to whose ordinary jurisdiction any such port is subject. (2) Any penalties imposed by him, and any expenses incurred by his order, under the said provisions, shall be recoverable respectively in the manner provided in sections 55 and 57. (3) In any of the said ports for the shipment and landing of goods the consent referred to in section 21, sub-section (4), may be given by the principal officer of customs at such port or by any other officer appointed in that behalf by the Government.

Any local authority in which any immovable property in or near a port is vested may, with the previous sanction, in the case of a cantonment authority or the port authority of a major port, of the Central Government, and in other cases, of the State Government, appropriate and either retain and apply, or transfer by way of gift or otherwise, the whole or any part of the property as a site for, or for use as, a sailors' home or other institution for the health, recreation and temporal well-being of sailors.

(1) All acts, orders or directions by this Act authorized to be done or given by any conservator may, subject to his control, be done or given by any harbour-master or any deputy or assistant of such conservator or harbour-master. (2) Any person authorized by this Act to do any act may call to his aid such assistance as may be necessary.

Any written notice of a direction given under this -Act, left for the master of any vessel with any person employed on board thereof, or affixed on a conspicuous place on board of the vessel, shall, for the purposes of this Act, be deemed to have been given to the master thereof.

Every declaration, order and rule of a Government made in pursuance of this Act shall be published in the Official Gazette, and a copy thereof shall be kept in the office of the conservator of the custom-house, if any, of every port to which the declaration, order or rule relates, and shall there be open at all reasonable times to the inspection of any person without payment of any fee.

Duties of the said authorities in an emergency Whenever the Central Government is of opinion that an emergency has arisen which renders it necessary that the duties imposed for the purposes specified in section 68A on the authorities therein mentioned, or other duties of a like nature, should be imposed on such authorities continuously during the existence of the emergency, it may, by general or special order, authorize any officer to require the said authorities to perform such duties until the Central Government is of opinion that the emergency has passed and he said authority shall comply accordingly, and the provisions of the said section shall apply subject to the following modification, namely:- The Central Government shall pay any authority, on whom a requisition has been made, such compensation for any loss or damage attributable to such requisition, and for any services rendered or expenditure incurred in complying therewith as, in default of agreement, shall be decided to be just and reasonable, having regard to the circumstances of the case, by the arbitration of a person to be nominated in this behalf by the Central Government, and the decision of such person shall be final.] %[68C. Application of certain provisions of the Act to aircraft (1) The provisions of sections 6, 13 to 16 (both inclusive), 18, 21 and 28, sub-section (2) of section 31 and sections 33, 34, 35, 39, 42 to 48 (both inclusive) and 55 shall apply in relation to all aircraft making us-, of any part subject to this Act, while on water as they apply in relation to vessels. (2) No such aircraft shall enter or leave any port subject to this Act, except with the permission granted by the Conservator of the Port or by such other officer as may be authorized in this behalf by the Conservator.] [Section 69 repealed by the Repealing Act, 1938 (1 of 1938)] “THE FIRST SCHEDULE: PORTS, VESSELS CHARGEABLE, RATE OF PORT-DUES AND FREQUENCY OF PAYMENT (See sections 1 and 33) °[PART I- MAJOR PORTS] Name of Port [Vessels Chargeable [Rate of port dues per [Due how often ton chargeable in respect of same vessel Calcutta r rr Paradip Visakhapatnam | T0000] | Explanation :- "Outer Harbour" means the portion of the Visakhapatnam Port limits with the following co- ordinates, namely WEST: A line drawn towards North along the Eastern boundary of S. No. 9 of Dolphin's Nose Village from the junction point of S. No.3, 4, 9 and 10 i.e., at the point Lat.,17 41' 11" .3 N and Long. 83 17' 35" E across the channel till it touches Municipal boundary in T. No. 469 i.e., at the point Lat. 17° 41" 17" .3N and Long. 83° 17' 35" .2E and thence towards North along the field boundary of S. No. 10 and 12 of Dolphin's Nose Village upto the South Eastern point of T.S. 303 of Fort Ward, Visakhapatnam Town thence towards North East along eastern edge of the beach road till coinciding with the Western end of Groyne No. 2 at the point Lat. 17° 41' 47" N Long. 83 18' 03" 4 E. NORTH : From the point of Lat. 17° 41' 47" N. and Long. 83'18' 03" 4E. towards East along the centre line of Groyne No. 2 till coinciding with East break water at Lat. 17° 41' 32" .6 N. Long 83 18' 29" SE. EAST A line drawn towards South from the point of Lat. 17°41'32" 6N Long. 8318’ 29" 3E till the point coinciding with east break water South and at Lat. 17 41' 14" .93 N. Long. 83 18' 29" .3E thence a line drawn towards South East till the point coinciding with East end of South break water at Lat. 17 41' 01" {43N Long. 83 18'49" 12 E. SOUTH : A line drawn towards West South West direction from the point with Lat. 17° 41' 01" 43 N. Long 83 18' 49.2E till the point coinciding with Eastern boundary of S. No. 11 of Dolphin's Nose Village at the point Lat 17 40' 36" .7 N. Long .83 17' 49" .8 E and thence towards North along Eastern boundary S. No. 11 of Dolphin's Nose Village till the point of interception of S. No. 10 of Dolphin's Nose Village between F. Lines 109 and 71 and towards West to meet junction point of S. No. 3, 4, 9 and 10 of Dolphin's Nose Village i.e. at the point Lat. 17 41' 11" .3 N and Long. 83 17’ 35" E approximately. Magss [1 [NewTutcorn [| [| Coon | — ————— NewMangalore | [| [Mormugso | | [Bombay | Kanda |