Chapter I PRELIMINARY

(1) This Act may be called the Indian Ports Act, 2025. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. (3) Save as otherwise provided in this Act, the provisions of this Act,— (a) shall apply to— (i) all ports to which the provisions of the Indian Ports Act, 1908 (15 of 1908) applied immediately before the date of commencement of this Act; (ii) all new ports notified under sub-section (1) of section 11; (iii) any part of the navigable rivers or channels leading to such ports as may be notified by the appropriate Government in such form and manner as may be prescribed by the Central Government in consultation with the State Government; (iv) all vessels within port limits; and (v) all aircrafts making use of any part of the port, while on water, as they apply in relation to vessels; and (b) shall not apply to— (i) such port or navigable rivers or channels or vessels or class thereof, as the Central Government may, by notification, specify in this behalf; (ii) any vessel or aircraft making use of any part of the port belonging to or exclusively servicing, for military or non-commercial service of the Government, the Indian Navy, Indian Coast Guard, customs authorities, Central Armed Forces and police and other agencies as may be notified by the Central Government; (iii) any vessel belonging to or in the service of the Central Government or the State Government; or (iv) any foreign vessel of war.

(1) In this Act, unless the context otherwise requires,— (a) “appropriate Government” or “Government”, in relation to major ports, means the Central Government; and in relation to ports other than major ports, means the State Government; (b) “Authority”, in relation to— (i) major ports, means— (A) the Board of Major Port Authority; or (B) the board of directors, in case a port is registered as a company under the Companies Act, 2013 (18 of 2013); and (ii) ports other than major ports, means the State Maritime Board of each State; (c) “Board of Major Port Authority” means the Board constituted by the Central Government under sub-section (1) of section 3 of the Major Port Authorities Act, 2021 (1 of 2021), for each major port; (d) “Chairperson” means the Chairperson of the Council; (e) “coastal waters” means any part of the territorial waters of India, along with any part of the adjoining maritime zones of India within the meaning of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), or any other law for the time being in force; (f) “concessionaire” means any person who has been granted any right, licence, permit or authorisation, by whatever name called, by the Government or the Authority, including by way of a concession agreement, for conducting all or any activity within a port; (g) “conservator” means a person or body of persons appointed for each port or two or more ports by the Government under sub-section (1) of section 18; (h) “convention” means an international convention to which India is a party; (i) “Council” means the Maritime State Development Council established under section 3; (j) “equipment”, in relation to a vessel, includes boats, tackle, machinery, boilers, cargo handling gear, pumps and any fitting, anchor, propeller, apparels, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores and spares or articles belonging to or to be used in connection with or necessary for navigation, propulsion, security, pollution prevention and safety of the vessel; (k) “existing port” means every port to which the provisions of the Indian Ports Act, 1908 (15 of 1908) applied, immediately before the commencement of this Act; (l) “Magistrate” means a person exercising powers of the Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023); (m) “major port” means any port declared as such by the Central Government by notification in the Official Gazette, to be a major port; (n) “master”, in relation to any vessel or aircraft making use of any port, means any person having for the time being the command or charge of the vessel or the aircraft, not being a pilot or harbour master or conservator of the port; (o) “mega port” means major port or port other than major port, classified as a mega port under section 73; (p) “mooring” means a fixed or floating structure or device which is used for the berthing and unberthing of any vessel or aircraft making use of a port, including shifting along the quayside, or is required for the safe operation of a waterborne vessel in the port or in the waterway access to the port; (q) “new port” means any port, other than an existing port, notified under sub-section (1) of section 11; (r) “notification” means a notification published in the Official Gazette and the term “notify” or “notified”, shall be construed accordingly; (s) “owner”, in relation to-- (i) goods, includes any consignor, consignee, shipper or agent for the sale, custody, loading or unloading of such goods; and (ii) any vessel or aircraft making use of any port, includes any registered owner, charterer, consignee or mortgagee in possession thereof; (t) “pilot” means any person for the time being authorised by the Government to pilot vessels; (u) “port” includes any terminal, offshore terminal, shipyard, repair yard, ship breaking yard, bunkering station, captive jetties or roadstead or port facility or single buoy mooring which is normally used for the fuelling, re-fuelling, loading, unloading, embarkation or disembarkation of passengers, warehousing, building or repair or anchoring of vessels, or any other place at which a vessel can call, and any part of the navigable river or channel to which this Act extends, but shall not include any ship recycling activities; (v) “port facility” means any location or area including anchorages or awaiting berths or approaches from seaward as determined by the Central Government, or such designated authority as the Central Government may, by notification, specify, where interface between vessels or a vessel and a port takes place; (w) “port limits” means the defined boundaries of the area of a port notified under sub-section (1) of section 11; (x) “port officer” means the conservator or harbour master or such other officers appointed under sub-sections (1) and (2) of section 18; (y) “port service provider” means a person who carries out all or any of the port works; (z) “port tariff” means a scale of rates published under sub-section (2) of section 47 for the fees or other charges leviable under section 46; (za) “port user” means any person who avails the services of a port including port works; (zb) “port works” includes,— (i) designing, constructing, extending, maintaining, removing or demolishing- (a) maritime structures and other buildings, structures, machineries, equipment and enclosures; (b) railways, roads, bridges and embankments; (ii) reclaiming land from the sea or a river and dredging; (iii) supplying water, fuel or electricity to the port; (iv) providing labour to the port; (v) construction of dry docks, cruise terminal and water transport terminal; (vi) construction of port infrastructure; and (vii) any other services as may be notified by the Government; (zc) “prescribed” means prescribed by rules made by the appropriate Government or by the Central Government in consultation with the State Government under this Act; (zd) “regulations” means regulations made by the Council under this Act; (ze) “Schedule” means a Schedule annexed to this Act; (zf) “security” means maritime security and includes any measures undertaken by the owners or operators or persons in charge of the vessels or management of port facilities, offshore installations and other marine organisations or establishments, or undertaken by the Central Government, to protect ports or vessels or any person or thing relating directly or indirectly to maritime navigation,— (i) against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy, armed robbery, seizure or pilferage; and (ii) against any other hostile act or influence, which threatens the security in the maritime transport sector; (zg) “State” means any State or Union territory in India having coastal location; (zh) “State Government”, in relation to a Union territory, means the Administrator thereof; (zi) “State Maritime Board” means the State Maritime Board referred to in sub-section (1) of section 13; (zj) “vessel” includes every description of water craft used or capable of being used in the marine environment, such as ship, boat, sailing vessel, fishing vessel, submersible, semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts, wing-in-ground crafts, pleasure crafts, barges, lighters, mobile offshore drilling units, mobile offshore units, or of any other description whether fitted with mechanical means of propulsion or not. (2) Words and expressions used and not defined in this Act but defined in the Major Port Authorities Act, 2021 (1 of 2021) or the Merchant Shipping Act, 1958 (44 of 1958), shall have the meanings respectively assigned to them in those Acts.