Chapter VII SAFETY AND CONSERVATION OF PORTS

(1) No person shall, without lawful excuse, remove, destroy or damage any property including any pier or wharf belonging to, or in the custody or possession of, the port, or hinder or prevent such property from being used or operated in the manner it is intended to be used or operated. (2) Any person who does any act in violation of the provisions of sub-section (1), shall, in addition to any other penalty specified under column (4) of the Second Schedule, be liable to pay such expenses, as the conservator may determine to be just and reasonable, on the basis of such factors, as may be prescribed by the appropriate Government for any loss, destruction or damage suffered by the port, including the expenses of any inspection or survey carried out, having regard to the circumstances of the case.

Every master of a vessel in any port shall, when directed by the conservator, permit warps or hawsers to be made fast to the vessel for the purpose of warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until so directed by the conservator.

Every master of a vessel lying in any port shall take order to extinguish any fire on the vessel, and co-operate with the conservator or any person acting under the authority of the conservator, in extinguishing or attempting to extinguish any fire on the vessel.

(1) No person shall wilfully and without lawful excuse— (a) loosen or remove from its moorings or from its fastenings any vessel in the port without leave or authority from the master or owner of such vessel; or (b) lift, injure, make a vessel fast to, loosen or set adrift any moorings, buoys, beacons or sea or landmarks; or (c) discharge any firearm in the port; or (d) do or omit to do any act on board any vessel in the port which has caused or likely to cause fire; or (e) use a vessel in the port which is in such a state that by reason of the defective condition of its hull, equipment or machinery, or by reason of under-manning or otherwise, the life of any person or the safety of any other vessel navigating in the port is likely to be endangered. (2) No master of a vessel shall cause or suffer any warp or hawser attached to his vessel to be left out in any port in such a manner as to endanger the safety of any other vessel navigating in the port. (3) No person shall grave, bream or smoke any vessel in the port, or boil or heat any pitch, tar, resin, dammar, turpentine oil or other such combustible matter on board any vessel within por limits, if such act is prohibited by the Government, or contrary to the orders or directions of the conservator.

No person, without the permission of the conservator shall, in any port, creep or sweep for anchors, cables or other stores lost or supposed to be lost therein.

No person shall, except with the permission of the conservator and under the supervision of such person as may be appointed by the conservator, in any port,— (a) disturb the existing waterbed or geophysical structures or any artificial protection or constructions or shore of the port; or (b) sink or bury in any part of such bank or shore, whether the same is public or private property, any mooring-post, anchor or any other thing; or (c) do any other thing which is likely to cause damage to such bank or shore.

(1) No vessel shall enter, leave or be moved in any port without having a pilot, harbour master or any port officer on board, unless,— (a) upon application to the proper officer the master was unable to procure a pilot, harbour master or port officer to go on board the vessel; (b) an authority in writing has been obtained from the conservator or any officer authorised to give such authority: Provided that the Government may, by notification, direct that in any port as may be specified therein, the provisions of this sub-section shall not apply to sailing vessels of any measurement not exceeding a measurement so specified therein. (2) Notwithstanding anything in sub-section (1), the owner or master of a vessel, shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel.

A port officer shall, if required by an officer authorised by a general or special order of the Central Government, co-operate as directed by the officer, in carrying out manoeuvres related to the defence of the port in time of war, or for the security of the port against sub-conventional or non-traditional threats, or natural disasters, and, if necessary, temporarily make available the services of their staff, vessels, property, equipment or other resources: Provided that the Central Government shall bear the running expenses of vessels placed at the disposal of such officer in respect of the period during which they are so at his disposal, and be responsible for any damage thereto. Explanation.—For the purposes of this section, the expression “running expenses” shall include all expenses incurred in connection with the use of the vessels other than any charges for their hire or for the wages of the officers and crews of such vessels.

(1) The Authority may issue guidelines for the purposes of regulating the following matters and activities, namely:— (a) the vessel movement and safety of navigation, including determining the schedules and procedural protocols for vessel entry, departure, and transit within port limits; (b) assigning the berths, including designating specific berths, stations, and areas for vessel docking in the port; (c) the anchor and equipment management, focusing on the correct stowage and positioning of cargo gear, anchors, and other external apparatus on vessels; (d) the cargo and passenger operations, including regulating locations and methods for passenger embarkation and loading and unloading of cargo; (e) standards for bunkering practices and equipment for vessel fueling operations; (f) specifying the requirements for the clear passage to ensure designated safe passage areas are maintained near docking structures and within port limits; (g) standards and procedure for mooring and anchoring of vessels and related equipment; (h) specifying the access and usage protocols for Government-owned docking and storage facilities; (i) standards and procedures for licensing various maritime transport vessels and the conditions for licence renewal or revocation; (j) specifying protocols for the consistent and safe use of visual and signal aids by vessels and ports; (k) standards relating to occupational health, safety and security of dock workers, seafarers and port visitors; and (l) the protocols to ensure seafarer and port workers' welfare-related resources and activities. (2) The Director-General may also issue such guidelines on any of the matters and activities specified in sub-section (1), as may be deemed necessary, from time to time. (3) Any guidelines issued by the Authority under sub-section (1), shall be in conformity with the guidelines issued by the Director-General under sub-section (2). Explanation.—For the purposes of this section, “Director-General” means the Director-General appointed under the Merchant Shipping Act, 1958 (44 of 1958).