Chapter XI MISCELLANEOUS

(1) Where, for the purposes of this Act any document is to be served on any person, that document may be served in any case by delivering a copy thereof personally to the person to be served or by leaving the same at his last place of residence, or by post. (2) If the document is to be served— (a) on the harbour master of a port, where there is one, by leaving the same for him at the port, with the person being or appearing to be in command of the port; (b) on the master of a vessel, where there is one, by leaving the same for him on board that vessel, with the person being or appearing to be in command or charge of the vessel; and (c) on the master of a vessel, or if there is no master and the vessel is in India, on the owner of the vessel, or, if such owner is not in India, on any agent of the owner residing in India, or, where no such agent is known or can be found, by affixing a copy thereof on the vessel or at a suitable place on the bridge.

(1) In any port where hoisting is mandated by the conservator, no vessel shall hoist, carry or wear, any flag, jack, pennant or colours, the use whereof is unlawful. (2) Every foreign vessel calling at a port in India shall hoist the flag of the flag State of the vessel and the flag of the Republic of India.

(1) Every port shall frame an emergency preparedness and response plan for the purposes of safety, security, disaster management and pollution incidents in accordance with applicable law. (2) The plan referred to in sub-section (1) shall be submitted to the Central Government for its approval in such manner as may be directed by the Central Government in consultation with the State Government. (3) The Central Government may grant approval to the plan after taking into consideration such factors as may be notified by the Central Government in consultation with the State Government. (4) The conservator may issue directions for the implementation of the approved plan and the Central Government may audit such implementation. (5) The Central Government may, either suo motu or on the basis of an audit under sub-section (4), issue directions to any person in order to ensure compliance with the provisions of this section and put in place a national emergency response mechanism.

Every port shall report the particulars of any incident such as property damage, vessels sinking, vessel collisions or fire, in such manner as may be prescribed by the Central Government in consultation with the State Government.

Every port shall provide such shore based welfare services as may be prescribed by the Central Government in consultation with the State Government, for seafarers of vessels calling at the port.

(1) The Central Government may, by notification, direct a port to adopt a mechanism for electronically integrating such port related data as may be notified by the Central Government in consultation with the State Government, with the port community system or any other centralised system. (2) Every port shall maintain vessel traffic service within the port limits in accordance with applicable law. Explanation.—For the purposes of this section, the expressions,— (a) “port community system” means a secure electronic system integrating the trade related information submitted and exchanged therein, serving as a centralised portal for ports and other relevant stakeholders in accordance with the Convention on Facilitation of International Maritime Traffic, 1965 or any other requirement as may be directed by the Central Government; (b) “vessel traffic service” shall have the same meaning as assigned to it in the Marine Aids to Navigation Act, 2021 (20 of 2021).

The Central Government may issue directions to such port, port facility, port officer, or person, to ensure compliance with any other laws for the time being in force and the provisions of the Merchant Shipping Act, 1958 (44 of 1958) relating to the safety and security of port facilities.

Any port undergoing a change in substantial ownership or effective control shall obtain a prior clearance from the Central Government or a person authorised by it, in such form and manner and within such time as may be notified by the Central Government in consultation with the State Government.

Every port shall ensure that the obligations, under the international conventions to which India is a party and as prescribed by the Central Government, are discharged in accordance with such conventions.

(1) The Central Government may, in consultation with the State Government, by notification, specify the criteria for classification of a port as mega port. (2) The Central Government may notify any major port, which satisfies the criteria notified under sub-section (1), as a mega port. (3) The Central Government may, in consultation with the State Government, notify any port other than major port, which satisfies the criteria notified under sub-section (1), as a mega port. (4) Notwithstanding its classification as a mega port under this section, a port shall retain its status as either a major port or a port other than a major port, as applicable, and shall continue to be governed by the respective laws applicable to such port.

All members, officers and other employees of the Council shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

The provisions of this Act shall be in addition to and not in derogation of, the Major Port Authorities Act, 2021 (1 of 2021) and the Merchant Shipping Act, 1958 (44 of 1958), in so far as they relate to ports.

(1) The Central Government may, by notification and subject to the condition of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salary and allowances and other conditions of service of the employees of the Council under sub-section (2) of section 7; (b) other officers of the port to be appointed under sub-section (2) of section 18; (c) the terms and conditions of service of the officers under sub-section (3) of section 18;

(1) The State Government may, by notification in the State Gazette and subject to the condition of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner of making an application for adjudication of disputes referred to the State Maritime Board under sub-section (2) of section 16; (b) other matters in respect of which the State Maritime Board shall exercise powers of civil court under clause (d) of sub-section (4) of section 16; (c) other officers of the port to be appointed under sub-section (2) of section 18; (d) the terms and conditions of service of officers under sub-section (3) of section 18; (e) the powers to be delegated by the conservator and the persons to whom such powers may be delegated under sub-section (6) of section 18; (f) the manner of removal or alteration of obstruction and factors for determining compensation under sub-section (5) of section 20; (g) the qualification, experience and other terms and conditions of service of the health officer to be appointed under sub-section (2) of section 24; (h) the measures to be taken at infected zone under clause (b) of sub-section (4) of section 24; (i) the factors to be considered by the conservator in determining the expenses to be paid under sub-section (2) of section 26; (j) the form and manner of receipt of fees or other charges under sub-section (2) of section 48; (k) the manner of appointment of conservator from a body of persons under sub-section (2) of section 54.

(1) The Central Government in consultation with the State Governments may, by notification, and subject to the condition of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and the manner of notification of any part of the navigable rivers or channels leading to ports under sub-clause (iii) of clause (a) of sub-section (3) of section 1; (b) the norms, form and manner of notifying a new port and altering port limits under sub-section (2) of section 11; (c) the action to be taken by the conservator and the directions to be issued to the persons under clause (a) of sub-section (5) of section 24; (d) the manner of reporting of disease by the master under clause (b) of sub-section (5) of section 24; (e) the conditions subject to which port shall provide reception facilities under section 36; (f) the form and manner of preparing port waste reception and handling plan under sub-section (1) of section 38; (g) the information about the port waste reception and handling plan and manner of communicating such information under sub-section (3) of section 38; (h) the form, manner and time for submitting an advance waste notice under section 39; (i) the conditions for delivery of vessel-generated waste under sub-section (1) of section 40; (j) the form and manner of issuance of waste delivery receipt under sub-section (2) of section 40; (k) the intervals and manner of conducting audit of ports under sub-section (1) of section 42; (l) the manner of reporting incidents under sub-section (1) of section 44; (m) the form, manner and time for reporting arrival of vessel at port under section 49; (n) the manner of reporting of incidents under section 67; (o) the provision of shore based welfare services under section 68.

(1) The Council may, by notification and subject to the condition of previous publication, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the manner and conditions subject to which the Chairperson may invite persons to meetings of the Council under sub-section (3) of section 3; (b) the manner of transaction of business at meetings of the Council under sub-section (4) of section 3; (c) any such other matters which is to be, or may be, specified by regulations.

(1) The Council may, by notification, issue such guidelines consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such guidelines may provide for all or any of the following matters, namely:— (a) the data or information to be collected and manner of collection, storage, updation and submission of such data or information to the Council under item (A) of sub-clause (ii) of clause (b) of sub-section (1) of section 6; (b) the manner of dissemination of information, records, data and research studies relating to ports, under item (B) of sub-clause (ii) of clause (b) of sub-section (1) of section 6; (c) the matters in relation to the transparency of port tariff and its components under sub-section (4) of section 47; (d) such other matters as it may deem fit.

(1) Every rule made by the Central Government and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (2) Every rule made by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

No suit or other legal proceeding shall lie against the Central Government or the State Government or the Council or the Authority or the employees of the Government or the members or employees of the Council or the Authority, in respect of anything which is done or intended to be done or any action taken in good faith under this Act or any rules or regulations made thereunder.

(1) The Central Government may, by notification, amend column (4) of the Second Schedule, increasing the amount of penalty which shall not exceed more than twice the amount of penalty when the Act was first enacted. (2) Every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

(1) The Indian Ports Act, 1908 (15 of 1908) is hereby repealed. (2) Notwithstanding such repeal,- (a) any notification, rule, regulation, bye-law, order or exemption made, issued or granted under the Act so repealed shall have effect as if it had been made, issued or granted under the provisions of this Act, till new notification, rule, regulation, bye-law, order or exemption is made, issued or granted under this Act; (b) any office established or created, officer or person appointed and any body constituted under the Act so repealed shall continue and shall be deemed to have been established, created, appointed or constituted under this Act; (c) any document referring to the Act so repealed shall be construed as referring to this Act or to the provision of this Act; (d) any fine or penalty levied under the Act so repealed may be recovered as if it had been levied under this Act; (e) any offence committed under the Act so repealed may be prosecuted and punished as if it had been committed under this Act; (f) any proceeding pending before any court under the Act so repealed may be tried or disposed of under the corresponding provisions of this Act; (g) any inspection, investigation or inquiry ordered to be done under the provisions of the Act so repealed shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act. (3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.