The Indian ports Act,1908

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THE INDIAN PORTS ACT, 19081
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Title and extent.
2. Savings.
3. Definitions.
CHAPTER II
POWERS OF THE GOVERNMENT
4. Power to extend or withdraw the Act or certain portions thereo f.
5. Alteration of limits of ports.
6. Power to make port -rules.
CHAPTER III
PORT -OFFICIALS AND THEIR POWERS AND DUTIES
7. Appointment of conservator.
8. Power of conservator to give and enforce directions for certain specified purposes.
9. Power to cut w arps and ropes.
10. Removal of obstructions within limits of port.
11. Recovery of expenses of removal.
12. Removal of lawful obstructions.
13. Fouling of Government moorings.
14. Raising or removal of wreck impeding navigation within limits of port.
15. Power to board vessels and enter buildings.
16. Power to require crews to prevent or extinguish fire.
17. Appointment and powers of health -officer.
18. Indemnity of Government against act or default of port -official or pilot.
CHAPTER IV
RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS
General Rules
19. Injuring buoys, beacons and moorings.
20. Wilfully loosening vessel from moorings.
21. Improperly discharging ballast.
22. Graving vessel within prohibited limits.
23. Boiling pitch on board vess el within prohibited limits.

1. Subject to verification and confirmation by the Department.
2

SECTIONS
24. Drawing spirits by unprotected artificial light.
25. Warping.
26. Leaving out warp or hawser after sunset.
27. Discharge of fire -arms in port.
28. Penalty on master omitting to take order to extinguish fire.
29. Unauthorised person not to search for lost stores.
30. Removing stones or injuring shores of port prohibited.
Special Rules
31. Moving of vessels without pilot or permission of harbour -master.
32. Provision of certain vessels with fire -extinguishing apparatu s.
CHAPTER V
PORT-DUES, FEES AND OTHER CHARGES
33. Levy of port -dues.
34. Variation of port -dues by Government.
35. Fees for pilotage and certain other services.
36. Receipt, expenditure and account of port -charges.
37. Grouping of ports.
38. Receipts for port-charges.
39. Master to report arrival.
40. Conservator may in certain cases ascertain draught and charge expense to master.
41. Ascertainment of tonnage of vessel liable to port -dues.
42. Distraint and sale on refusal to pay port -charges.
43. No port -clearance to be granted until port -charges ar e paid.
44. Port -charges payable in one port recoverable at any other port.
45. Penalty for evading payment of port -charges.
46. Port -due on vessels in ballast.
47. Port -due on vessels not discharging or taking in cargo.
48. Port -due not to be chargeable in certain cases.
49. Power to impose hospital port -dues.
50. Application and account of hospital port -dues.
CHAPTER VI
HOISTING SIGNALS
51. Master to hoist number of vessel.
52. Pilot to require master to hoist number.
53. Penalty on pilot disobeying provisions of this Chapter.
CHAPTER VII
PROVISIONS WITH RESPECT TO PENALTIES
54. Penalty for disobedience to rules and orders of the Government.
55. Offences how triable, and penalties how recovered.
3

SECTIONS
56. Costs of conviction.
57. Ascertainment and recovery of expenses and damages payable under this Act.
58. Costs of distress.
59. Magistrate to determine the amount to be levied in case of dispute.
60. Jurisdiction over offences beyond local limits of jurisd iction.
61. Conviction to be quashed oil merits only.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
62. Hoisting unlawful colours in port.
63. Foreign deserters.
64. Application of sections 10 and 21.
65. Grant of sites for sailors ‟ institutes.
66. Exercise of powe rs of conservator by his assistants.
67. Service of written notices of directions.
68. Publication of orders of Government.
68A. Authorities exercising jurisdiction in ports to co -operate in manoeuvres for defence of
port.
68B. Duties of the said authoriti es in an emergency.
68C. Application of certain provisions of the Act to aircraft.
68D. Maritime seruity.
69. [Repealed. ].
THE FIRST SCHEDULE.—PORTS, VESSELS CHARGEABLE, RATE OF PORT-DUES AND FREQUENCY
OF PAYMENT.
THE SECOND SCHEDULE. —[Repealed. ].
4

THE INDIAN PORTS ACT, 19081
ACT NO. 15 OF 1908
[18th December , 1908.]
An Act to consolidate the enactments relating to ports and port-charges.
WHEREAS it is expedient to consolidate the enactments relating to ports and port -charges; It is hereby
enacted as follows:—
CHAPTER
PRELIMINARY
1. Title and extent. —(1) This Act may be called the Indian Ports Act, 1908.
(2) It shall extend, save as otherwise appears from its subject or context, —
(a) to the ports mentioned in the first schedule, and to such parts of the n avigable rivers
and channels leading to such ports respectively as have been declared to be subject to Act
XXII of 1855 (for the Regulation of Ports and Port -dues) or to the Indian Ports Act, 1875 (12
of 1875) , or to the Indian Ports Ac t, 1889 (10 of 1889) ;
(b) to the other ports or parts of navigable r ivers or channels to which the
2[Government], in exercise of the power hereinafter conferred, extends this Act.
(3) But nothing in section 31 or section 32 shall apply to any port, river or channel to which the
section has not been specially extended by the 2[Government].
2. Savings. —Nothing in this Act shall —
(i) apply to any vessel belonging to, or in the service of, 3[the Central Gov ernment
or a State Government] 4*** or to any vessel of war belonging to any Foreign Prince or
State, or
(ii) deprive any person of any right of property or other private right, except as hereinafter
expressly provided, or
(iii ) affect any law or rule relating to the customs or any order or direction lawfully
made or given purs uant thereto.
3. Definitions. —In this Act, unless there is anything repug nant in the subject or
context, —
5[(1) “Magistrate” means a person exercising powers under the Code of Criminal Procedure, 1973
(2 of 1974);]
(2) “master ”, when u sed in re lation to any vessel 6[or any aircraft making use of any
port], means, subject to the provisions of any other enactment for the time being in force,
any person (except a pilot or harbour -master 6[of the port]) having for the time being the
charge or contro l of the vessel 6[or th e aircraft, as the case may be];

1. For Report of Select Committee, see Gazette of India, 1908, Pt. V, p. 359; and for Proceedings in Council, see Gazette of India, 1908,
Pt. VI, pp. 146, 154 and 182.
This Act has been supplemented in its application to the port of Cochin by the Cochin Port Act, 1936 (6 of 1936), s. 2 and Sch.
This Act has been amended in Andhra Pradesh by A.P. Act 18 of 1968, in Pondicherry by Pondy. Act 10 of 1969 and Tamil Nadu by
T.N. Act 19 of 1975.
This Act has been extended to Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and Sch. I, to the whole of the Union territory of
Lakshadweep (w.e.f. 1 -10-1967): vide Reg. 8 of 1965, s. 3 and Sch., and Goa, Daman and Diu with modifications by Reg. 12 of
1962, s. 3 and Sch.
2. Subs. by the A.O. 1937, for “Local Government ”.
3. Subs. by the A.O. 1950, for “His Majesty”.
4. The words “or the Government of India ” omitted by the A.O. 1937.
5. Subs. by Act 15 of 1997, s. 2, for clause (1) (w.e.f. 9 -1-1997).
6. Ins. by Act 35 of 1951, s. 188.
5

(3) “pilot” means a person for the time being authorised by the 1[Government] to pilot vessels;
(4) “port” includes also any part of a river or channel in which this Act is for the time being in
force;
(5) “port officer ” is s ynonymous with master -attendant;
2[( 6) “ton ” means a ton as determined or determinable by the rules made under
section 74 of the Merchant Shipping Act, 1958 (44 of 1958), for regulating the
measuremen t of the gross tonnage of ships ;]
(7) “vessel” includes anything made for the conveyance 3[mainly] by water of human beings or of
property;
4[(8) “major port ” means any port which the Central Government may by notification in
in the Official Gazette declare, or may under any law for the ti me being in force ha ve
declared, to be a major port; 5[and]
(9) “Government ”, as respects major ports, for all purposes, and, as respects other
ports, for the purposes of making rules under clause (p) of section 6 (1) and of the
appointment and control of port health -officers under section 17, means the Central
Government, and save as aforesaid, means the State Government.]
6* * * * *
CHAPTER II
POWERS OF THE 1[GOVERNMENT]
4. Power to extend or withdraw the Act or certain portions thereof.—(1) 7*** The 1[Government]
1[Government] may, by notification in the Official Gazette,—
(a) extend this Act to any port 8 in which this Act is not in force or to any part of any
navigable river or channel which leads to a port and in which this Act is not in force;
(b) specially extend the provisions of section 31 or section 32 to any port to which they have not
been so extended;
(c) withdraw this Act or section 31 or section 32 from any port or any part thereof in which it is
for the time being in force.
(2) A notification under clause (a) or clause (b) of sub-section (1) shall define the limits of the area to
which it refers.
(3) Limits defined under sub -section ( 2) may include any piers, jetties, landing -places,
wharves, quays, docks and other works made on behalf of the pub lic for convenience of traffic,
for safety of vessels, or for the improvement, maintenance or good government of the port and its
approaches, whether within or without high -water -mark, and, subject to any rights of private
property therein, any portion of the shore or bank within fifty yards of high -water -mark.
(4) In sub-section (3) the expression “high-water-mark” means the highest point reached by ordinary
spring tides at any season of the year.
5. Alteration of limits of ports. —(1) The 1[Government] may , 9*** subject to any rights of
private property, alter the limits of any port in which this Act is in force.

1. Subs. by the A.O. 1937, for “Local Government”.
2. Subs. by Act 23 of 1992, s. 2, for clause (6) (w.e.f. 24 -01-1994).
3. Ins. by Act 35 of 1951, s. 188.
4. Added by the A.O. 1937.
5. Ins. by Act 23 of 1992, s. 2 (w.e.f. 23 -1-1994).
6. Clause (10) ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and Sch.
7. The words “with the previous sanction of the Governor General in Council” omitted by Act 6 of 1916, s. 2.
8. Extended to the port of MORMUGAO vide G.S.R. 1831, dated 16-11-1963.
9. The words “with the previous sanction of the Governor General in Council and” omitted by Act 6 of 1916, s. 3.
6

1[Explanation.—For the removal of doubts, it is hereby declared that the power coffered on the
Government by this sub-section includes the power to alter the limits of any port by uniting with that port
any other port or any part of any other port.]
(2) When the 2[Government] alters the limits of a port under sub -section (1), it shall declare or
describe, by notification in the Official Gazette, and by such other means, if any, as it thinks fit, the
precise extent of such limits.
6. Power to make port -rules. — (1) The 2[Government] may, in addition to any rules
which it may make under any other enactment for the time being in force, make such rules,
consistent with this Act, as it thinks necessary for any of the following purposes, namely: —
(a) for regulating the time and hours at and during which, the speed at which, and the manner and
conditions in and on which, vessels generally or vessels of any c lass defined in the rules, may enter,
leave or be moved in any port subject to this Act;
(b) for regulating the berths, stations and anchorages to be occupied by vessels in any such port;
(c) for striking the yards and top masts, and for rigging -in the boo ms and yards, of
vessels in any such port, and for swinging or taking -in davits, boats and other things
projecting from such vessels;
(d) for the removal or proper hanging or placing of anchors, spars and other things
being in or attached to vessels in any such port:
(e) for regulating vessels whilst taking -in or discharging passengers, ballast or cargo, or any
particular kind of cargo, in any such port, and the stations to be occupied by vessels whilst so
engaged;
3[( ee ) for regulating the manner in which oil or water mixed with oil shall be
discharged in any such port and for the disposal of the same;]
4[(eee) for regulating the bunkering of vessels with liquid fuel in any such port and the description
description of barges, pipe lines or tank vehicles to be employed in such bunkering;]
(f) for keeping free passages of such width as may be deemed necessary within any
such port, and along or near to the piers, jetties, landing -places, wharves, (pays, docks,
moorings and other works in or adjoining to the same, and for m arking out the spaces so to
be kept free;
(g) for regulating the anchoring, fastening, mooring and unmooring of vessels in any
such port;
(h) for regulating the moving and warping of all vessels within any such port and the use of warps
therein;
(i) for re gulating the use of the mooring buoys, chains and other moorings in any such port;
(j) for fixing the rates to be paid 5[in a port other than a major port] for the use of such moorings
when belonging to the 6[Government], or of any boat, hawser or other th ing belonging to the
2[Government];
7 [(jj) for regulating the use of piers, jetties, landing places, wharves, quays,
warehouses and sheds when belonging to the Government;
(jja ) for fixing the rates to be paid for the use of piers, jetties, landing places,
wharves, quays, warehouses and sheds of any port, other than a major port, when
belonging to the Government;]

1. Ins. by Act 17 of 1978, s. 2.
2. Subs. by the A.O. 1937, for “Local Government”.
3. Ins. by Act 39 of 1923, s. 2.
4. Ins. by Act 9 of 1925, s. 2.
5. Ins. by Act 15 of 1997, s. 3 (w.e.f. 9 -1-1997).
6. Sub s. by the A.O. 1950, for “Crown” which had been subs. by the A.O. 1937, for “Government”.
7. Subs. by Act 15 of 1997, s. 3, for clause (jj) (w.e.f. 9-1-1997).
7

1[(k) for licensing and regulating catamarans plying for hire, and flats and cargo, passenger and
other boats plying, whether for hire or not, an d whether regularly or only occasionally, in or partly
within and partly without any such port, and for licensing and regulating the crews of any such
vessels; and for determining the quantity of cargo or number of passengers or of the crew to be
carried by any such vessels and the conditions under which such vessels shall be compelled to ply for
hire, and further for the conditions under which any licence may be revoked;
(kk) for providing for the fees payable in respect of the services specified in clause
(k) for any port, other than a major port;]
(l) for regulating the use of fires and lights within any such port;
(m) for enforcing and regultaing the use of signals or signal -lights by vessels by day or by night
in any such port;
(n) for regulating the nu mber of the crew which must be on board any vessel afloat
within the limits of any such port;
(o) for regulating the employment of persons engaged in cleaning or painting vessels, or in
working in the bilges, boilers or double bottoms of vessels in any such port;
2[(p) 3*** for the prevention of danger arising to the public health by the introduction and the
spread of any infectious or contagious disease from vessels arriving at, or being in, any such port, and
for the prevention of the conveyance of infect ion or contagion by means of any vessel sailing from
any such port, and in particular and without prejudice to the generality of this provision, for—
(i) the signals to be hoisted and the places of anchorage to be taken up by such vessels having
any case, or suspected case, of any infectious or contagious disease on board, or arriving at such
port from a port in which, or in the neighbourhood of which, there is believed to be, or to have
been at the time when the vessel left such port, any infectious or contagious disease;
(ii) the medical inspection of such vessels and of persons on board such vessels;
(iii) the questions to be answered and the information to be supplied by masters, pilots and
other persons on board such vessels;
(iv) the detention of such vessels and of persons on board such vessels;
(v) the duties to be performed in cases of any such disease by masters, pilots and other
persons on board such vessels;
(vi) the removal to hospital or other place approved by the health -officer and the detent ion
therein of any person from any such vessel who is suffering or suspected to be suffering from any
such disease;
(vii) the cleansing, ventilation and disinfection of such vessels or any part thereof and of any
articles therein likely to retain infection or contagion, and the destruction of rats or other vermin
in such vessels;
(viii ) the disposal of the dead on such vessels; and]
(q) for securing the protection from heat of the officers and crew of vessels in any such port by
requiring the owner or master of any such vessel—
(i) to provide curtains and double awnings for screening from the sun‟s rays such
portions of the deck as are occupied by, or are situated immediately above, the quarters of the
officers and crew;

1. Subs. by Act 15 of 1997, s. 3 , for clause (k) (w.e.f. 9 -1-1997).
2. Subs. by Act 4 of 1911, s. 2, for cl ause (p).
3. Certain words omitted by the A.O. 1937.

(ii) to erect windsails so far as t he existing portholes or apertures in the deck admit of their
being used for ventilating the quarters of the officers and. crew;
(iii) when the deck is made of iron and not wood -sheathed, to cover with wooden planks or
other suitable non -conducting materia l such portions of the deck as are situated immediately
above the quarters of the officers and crew;
(iv) when the quarters used by the crew and the galley are separated by an iron bulk -head
only, to furnish a temporary screen of some suitable non -conducting material between such
quarters and the galley.
1* * * * *
(2) The power to make rules under sub -section (1) 2*** is subject to the condition of the rules being
made after previous publication:
Provided that nothing in this sub -section shall be construed to affect the validity of any rule in force
immediately before the commencement of the Indian Ports Act, 1889 (10 o f 1889) and continued by
section 2, sub-section (2), of that Act.
3[(2A) Every rule made by the State Government under this Act shall be laid, as soon as may be after
it is made, before the State Legislature.
(2B) Every rule made by the Central Government 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 exp iry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.]
(3) If any person disobeys any rule made under clause ( p) of s ub-section (1), he shall be punishable
for every such offence with fine which may extend to one thousand rupees.
(4) If a master fails wholly or in part to do any act prescribed by any rule made under clause
(p) of sub -section ( 1), the healt h-officer shall cause such act to be done, and the reasonable expenses
incurred in doing such act shall be recoverable by him from such master.
CHAPTER III
PORT-OFFICIALS AND THEIR POWERS AND DUTIES
7. Appointment of conservator .—(1) The 4[Government] shal l appoint some officer or body of
persons to be conservator of every port subject to this Act.
(2) Subject to any direction by the 4[Government] to the contrary,—
(a) in ports where there is a port-officer, the port-officer shall be the conservator;
(b) in ports where there is no port-officer, but where there is a harbour-master, the harbour-master
shall be the conservator.
(3) Where the harbour -master is not conservator, the harbour -master and his assistants shall be
subordinate to, and subject to the control of, the conservator.
(4) The conservator shall be subject to the control of the 4[Government], or of any
intermediate authority which 5[the Government] may appoint.

1. Sub -section ( 1A) omitted by Act 26 of 1938, s. 8 .Earlier inserted by Act 15 of 1922, s. 2
2. The words, brackets, figure and letter “and sub -section (IA)” omitted by Act 26 of 1938, s. 8. Earlier ins erted by
Act 15 of 1922, s. 2.
3. I ns. by Act 20 of 1983, s. 2 and Sch edule (w.e.f. 15 -3-1984).
4. Subs. by the A.O. 1937, for “Local Government ”.
5. Subs., ibid., for “that Gove rnment ”.
9

8. Power of conservator to give and enforce directions for certain specified
purposes. —(1) The conservator of any port subject to this Act may, with respect to any vessel
within the port, give directions for carrying into effect any rule for the time being in force
therein under section 6.
(2) If any persons wilfully and without lawful excu se refuses or neglects to obey any lawful
direction of the conservator, after notice thereof has been given to him, he shall, for every such
offence, be punishable with fine which may extend to one hundred rupees, and in the case of a
continuing offence wi th a further fine which may extend to one hundred rupees for every day
during which, after such notice as aforesaid, he is proved to have wilfully and without lawful
excuse continued to disobey the direction.
(3) In case of such refusal or neglect, the con servator may do, or cause to be done, all acts
necessary for the purpose of carrying the direction into execution, and may hire and employ
proper persons for that purpose, and all reasonable expenses incurred in doing such acts shall be
recoverable by him from the person so refusing or neglecting to obey the direction.
9. Power to cut warps and ropes. —The conservator of any such port may, in case of urgent
necessity, cut, or cause to be cut, any warp, rope, cable or hawser endangering the safety of any
vess el in the port or at or near to the entrance thereof.
10. Removal of obstructions within limits of port. —(1) The conservator may remove, or
cause to be removed, any timber, raft or other thing, floating or being in any part of any such
port, which in his o pinion obstructs or impedes the free navigation thereof or the lawful use of
any pier, jetty, landing -place, wharf, quary, dock, mooring or other work on any part of the
shore or bank which has been declared to be within the limits of the port and is not p rivate
property.
(2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable
expenses of the removal thereof, and if such owner or any other person has without lawful
excuse caused any such obstruction or impediment, or caus es any public nuisance affecting or
likely to affect such free navigation or lawful use, he shall also be punishable with fine which
may extend to one hundred rupees.
(3) The conservator or any Magistrate having jurisdiction over the offence may cause any such
nuisance to be abated.
11. Recovery of expenses of removal. —If the owner of any such timber, raft or other thing,
or the person who has caused any such obstruction, impediment or public nuisance as is
mentioned in the last foregoing section, neglects to pay the reasonable expenses incurred in the
removal thereof, within one week after demand, or within fourteen days after such removal has
been notified in the Official Gazette or in such other manner as the 1[Government] by general or
special order dire cts, the conservator may cause such timber, raft or other thing, or the materials
of any public nuisance so removed, or so much thereof as may be necessary, to be sold by
public auction;
and may retain all the expenses of such removal and sale out of the p roceeds of the sale,
and shall pay the surplus of such proceeds, or deliver so much of the thing or materials as
may remain unsold, to the person entitled to receive the same;
and, if no such person appears, shall cause the same to be kept and deposited in such manner as the
1[Government] directs;
and may, if necessary, from time to time, reali se 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.
12. Removal of lawful obstructions.—(1) If any obstruction or impediment to the navigation of any
port subject to this Act has been lawfully made, or has become lawful by reason of the long continuance
of such obstruction or impediment, or otherwise, the conservator shall report the same for the information

1. Subs. by the A.O. 1937, for “Local Government”.
10

of the 1[Government], and shall, with the sanction of 2[the Government], cause the same to be removed or
altered, making reasonable compensation to the person suffering damage by such removal or alteration.
(2) Any disp ute arising concerning such compensation shall be determined according to the law
relating to like disputes in the case of land required for public purposes.
13. Fouling of Government moorings. —(1) If any vessel hooks or gets foul of any of the
buoys or mo orings laid down by or by the authority of the 1[Government] in any such port, the
master of such vessel shall not, nor shall any other person, except in case of emergency, lift the
buoy or mooring for the purpose of unhooking or getting clear from the sam e without the
assistance of the conservator;
and the conservator, immediately on receiving notice of such accident, shall assist and
superintend the clearing of such vessel;
and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred
in clearing the same.
(2) Any master or other person offending against the provisions of this section shall, for
every such offence, be punishable with fine which may extend to one hundred rupees.
14. Raising or removal or wreck impeding na vigation within limits of
port .—3[(1) If any vessel is wrecked, stranded or sunk in any port in such a manner as to
impede or likely to impede any navigation thereof, the conservator shall give notice to the
owner of the vessel to raise, remove or destroy the vessel within such period as may be
specified in the notice and to furnish such adequate security to the satisfaction of the
conservator to ensure that the vessel shall be raised, removed or destroyed within the said
period:
Provided that the conservator may extend such period to such further period as he may
consider necessary having regard to the circumstances of such case and the extent of its
impediment to navigation.
(1A) Where the owner of any vessel to whom a notice has been issued under
sub -section (1) fails to raise, remove or destroy such vessel within the period specified in the
notice or the extended period or fails to furnish the security required of him, the conservator
may cause the vess el to be raised, removed or destroyed.
(1B) Notwithstanding anything contained in the foregoing sub -sections, if the conservator is of the
opinion that any vessel which is wrecked, stranded or sunk in any port is required to be immediately
raised, removed or destroyed for the purpose of uninterrupted navigation in such port, he may, without
giving any notice under sub-section (1), cause the vessel to be raised, removed or destroyed.]
(2) If any property recovered by a conservator acting 4 [under sub -section (1A) or
sub -section (1B)] is unclaimed or the person claiming it fails to pay the reasonable expenses
incurred by the conservator under that sub -section and a further sum of twenty per cent. of the
amount of such expenses, the conservator may se ll the property by public auction, if the
property is of a perishable nature, forthwith, and, if it is not of a perishable nat ure, at any time
not less than 5[thirty days] after the recovery thereof.
(3) The expenses and further sum aforesaid shall be paya ble to the conservator out of the
sale-proceeds of the property, and the balance shall be paid to the person entitled to the property
recovered, or, if no such person appears and claims the balance, shall be held in deposit for payment,
without interest, to any person thereafter establishing his right thereto:
Provided that the person makes his claim within three years from the date of the sale.

1. Subs. by the A.O. 1937, for “Local Government”.
2. Subs. , ibid ., for “that Government”.
3. Subs. by Act 23 of 1992, s. 3, for sub -section ( 1) (w.e.f. 12 -8-1992).
4. Subs. by s. 3, ibid., for “u nder sub -section ( 1)” (w.e.f. 12 -8-1992).
5. Subs. by s. 3, ibid., for “two months” (w.e.f. 12 -8-1992).

1[(4) Where the sale proceeds of the property are not sufficient to meet the expenses and further
sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall
be liable to pay the de ficiency to the conservator on demand, and if the deficiency be not paid
within one month of such demand the conservator may recover the deficiency from such owner in
the manner laid down in sub -section ( 2) of section 57 for recovery of expenses and damages or in
any other manner according as the deficiency does not or does exceed one thousand rupees.]
15. Power to board vessels and enter b uildings.—(1) The conservator or any of his assistants may,
whenever he suspects that any offence against this Act has been, or is about to be, committed, or
whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act,
and the person appointed under this Act to receive any port dues, fees or other charges
payable in respect of any vessel, may, whenever it is necessary for him so to do in the
performance of any duty imposed upon him by this Act,
either alone or with any other person, board any vessel, or enter any building or place, within the
limits of any port subject to this Act.
(2) If the master of the vessel, or any person in possession or occupation of the building or place,
without lawful excuse, refuses to al low any such person as is mentioned in sub -section ( 1) to board
or enter such vessel, building or place in the performance of any duty imposed upon him by this Act,
he shall for every such offence be punishable with fine which may extend to two hundred rup ees.
16. Power to require crews to prevent or extinguish fire. —(1) For the purpose of preventing or
extinguishing fire in any port subject to this Act, the conservator or port-officer may require the master of
any vessel within the port to place at his disposal such number as he requires, not exceeding three-fourths,
of the crew then under the order of such master.
(2) Any master refusing or neglecting to comply with such requisition shall be punishable with
fine which may extend to five hundred rupees, and any seaman then under his orders who, after
being directed by the master to obey the orders of the conservator or port -officer for the purpose
aforesaid, refuses to obey such orders, shall be punishable with fine which may extend to
twenty -five rupees.
17. Appointment and powers of health -officer.—(1) The 2[Government] may appoint at any port
subject to this Act an officer to be called the health-officer.
(2) A health-officer shall, subject to the control of the 2[Government], have the foll owing powers,
within the limits of the port for which he is appointed, namely:—
(a) with respect to any vessel, the powers conferred on a shipping -master by the Indian Merchant
Shipping Act, 18593 (1 of 1859), section 71;
(b) power to enter on board any v essel and medically examine all or any of the seamen or
apprentices on board the vessel;
(c) power to require and enforce the production of the log -book and any other books, papers or
documents which he thinks necessary for the purpose of enquiring into th e health and medical
condition of the persons on board the vessel;
(d) power to call before him and question for any such purpose all or any of those persons and to
require true answers to any questions which he thinks fit to ask;
(e) power to require any person so questioned to make and subscribe a declaration of the truth of
the statements made by him.
18. Indemnity of Government against act or default of port -official or pilot .—The Government
shall not be responsible for any act or default of any conserv ator, port-officer or harbour -master, of any

1. Ins. by Act 55 of 1952, s. 2.
2. Subs. by the A.O. 1937, for “Local Government”.
3. See now the Merchant Shipping Act, 1958 (44 of 1958).

port subject to this Act, or of any deputy or assistant of any of the authorities aforesaid, or of any person
acting under the control or direction of any such authority, deputy or assistant, or for any act or d efault of
any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings,
hawsers or other things belonging to the Government which may be used by the vessel:
Provided that nothing in this section shall protect 1[the Government] from a suit in respect of any act
done by or under the express order or sanction of the Government.
CHAPTER IV
RULES FOR THE SAFETY OF SHIPPING AND THE CONSERVATION OF PORTS
General Rules
19. Injuring buoys, beacons and moorings.—(1) No person shall, without lawful excuse, lift, injure,
loosen or set adrift any buoy, beacon or mooring fixed or laid down by, or by the authority of, the
2[Government], in any port subject to this Act.
(2) If any person offends against the provisions of this sect ion, he shall for every such offence be
laible, in addition to the payment of the amount of damage done, to fine which may extend to two
thousand rupees, or to imprisonment for a term which may extend to two years.
20. Wilfully loosening vessel from moorin gs.—If any person wilfully and without lawful excuse
loosens or removes from her moorings any vessel within any such port without leave or authority from
the owner or master of the vessel, he shall, for every such offence, be punishable with fine which may
extend to two hundred rupees, or with imprisonment for a term which may extend to six months.
21. Improperly discharging ballast.—(1) No ballast or rubbish, and no other thing likely to form a
bank or shoal or to be detrimental to navigation, shall, witho ut lawful excuse, be cast or thrown into any
such port or into or upon any place on shore from which the same is liable to be washed into any such
port, either by ordinary or high tides, or by storms or land -floods 3[and no oil or water mixed with oil
shall be discharged in or into any such port, to which any rules made under clause ( ee) of sub-section (1)
of section 6 apply, otherwise than in accordance with such rules].
(2) Any person who by himself or another so casts or throws any ballast or rubbish or any such other
thing 3[or so discharges any oil or water mixed with oil], and the master of any vessel from which the
same is so cast, 4[thrown or discharged], shall be punishable with fine which may extend to 5[five lakh
rupees], and shall pay any reasonable expenses which may be incurred in removing the same.
(3) If, after receiving notice from the conservator of the port to desist from so casting or throwing any
ballast or rubbish or such other thing 3[or from so discharging any oil or water mixed with oil], any master
continues so to cast, 6[throw or discharge the same], he shall also be liable to simple imprisonment for a
term which may extend to 7[one year and to fine which may extend to five lakh rupees].
(4) Nothing in this section applies to any cas e in which the ballast or rubbish or such othe r thing is
cast or thrown into 8[or the oil or water mixed with oil is discharged in or into] any such port with the
consent in writing of the conservator, or within any limits within which such act may be authorised by the
2[Government].
22. Graving vessel within prohibited limits. —If any person graves, breams or smokes any vessel
in any such port, contrary to the directions of the conservator, or at any time or within any limits at or

1. The w ords “the Secretary of State for India in Council ” successively subs. by the A.O. 1937 and the A.O. 1950,
to read as above.
2. Subs. by the A.O. 1937, for “Local Government.
3. Ins. by Act 39 of 1923, s. 3.
4. Subs. by s. 3, ibid., for “or thrown ”.
5. Subs. by Act 23 of 1992, s. 4, for “five hundred rupees ” (w.e.f. 12 -8-1992).
6. Subs. by Act 39 of 1923, s. 3, for “or throw it”.
7. Subs. by Act 23 of 1992, s. 4, for “two months ” (w.e.f. 12 -8-1992).
8. Ins. by Act 39 of 1923, s. 3.
13

within which such act is prohibited by the 1[Government], he and the master of the vessel shall for
every such offence be punishable with fine which may extend to five hundred rupees each.
23. Boiling pitch on board vessel within prohibited limits. —If any person boils or heats any
pitch, tar, resin, dammer, turpentine, oil, or other such combustible matter on board any vessel within
any such port, or at any place within its limits where such act is prohibited by the 1[Government], or
contrary to the directions of the conservator, h e and the master of the vessel shall for every such
offence be punishable with fine which may extend to two hundred rupees each.
24. Drawing spirits by unprotected artificial light. —If any person, by an unprotected artificial
light, draws off spirits on bo ard any vessel within any port subject to this Act, he and the master of the
vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each.
25. Warping. —(1) Every master of a vessel in any port subject to this Act shall, when required
so to do 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
required so to do.
(2) A master offending against sub -section (1) shall be punishable for every such offence with fine
which may extend to two hundred rupees.
26. Leaving out warp or hawser after sunset. —(1) A master of a vessel shall not cause or
suffer any warp or hawser attached to hi s vessel to be left out in any port subject to this Act after
sunset in such a manner as to endanger the safety of any other vessel navigating in the port.
(2) A master offending against sub -section (1) shall be punishable for every such offence with fine
which may extend to two hundred rupees.
27. Discharge of fire-arms in port.—If any person, without lawful excuse, discharges any firearm in
any port subject to this Act, or on or from any pier, landing place, warp or quay thereof, except a gun
loaded only with gunpowder for the purpose of making a signal of distress, or for such other purpose as
may be allowed by the 1[Government], he shall for every such offence be punishable with fine which may
extend to fifty rupees.
28. Penalty on master omitting to ta ke order to extinguish fire. —If the master of any vessel in
which fire takes place while lying in any such port wilfully omits to take order to extinguish the fire or
obstructs the conservator or the port-officer, or any person acting under the authority of the conservator or
port-officer, in extinguishing or attempting to extinguish the fire, he shall be punishable with
imprisonment which may extend to six months, or with fine which may extend to one thousand rupees or
with both.
29. Unauthorised person no t to search for lost stores. —(1) No person, without the permission of
the conservator, shall, in any port subject to this Act, creep or sweep for anchors, cables or other stores
lost or supposed to be lost therein.
(2) If any person offends against the pro visions of sub -section (1), he shall be punishable with fine
which may extend to one hundred rupees.
30. Removing stones or injuring shores of port prohibited.—(1) No person without the permission
of the conservator shall in any port subject to this Act re move or carry away any rock, stones, shingle,
gravel, sand or soil or any artificial protection from any part of the bank or shore of the port;
and no person shall sink or bury in any part of such bank or shore, whether the same is public
or private proper ty, any mooring -post, anchor or any other thing, or do any other thing which is
likely to injure or to be used so as to injure such bank or shore, except with the permission of the
conservator, and with the aid or under the inspection of such person, if an y, as the conservator may
appoint to take part in or overlook the performance of such work.

1. Subs. by the A.O . 1937, for “Local Government”.

(2) If any person offends against sub -section (1), he shall for every such offence be punishable with
fine which may extend to one hundred rupees and shall pay any reasonable expenses which may be
incurred in repairing any injury done by him to the bank or shore.
Special Rules
31. Moving of vessels without pilot or permission of harbour -master. —(1) No vessel of
the measurement of two hundred tons or upwards shall ent er, leave or be moved in any port to
which this section has been specially extended without having a pilot, harbour -master or assistant
of the port -officer or harbour -master on board;
1[and no mechanically propelled vessel of any measurement less than two hundred tons and no
other vessel of any measurement less than two hundred tons and exceeding one hundred tons] shall
enter, leave or be moved in any such port without having a pilot, harbour -master or assistant of the
port-officer or harbour -master on boar d, unless authority in writing so to do has been obtained from
the conservator or some officer empowered by him to give such authority.
2[Provided that the 3[Government] may, by notification in the Official Gazette, direct that in any port
specified in suc h notification the provisions of this sub -section shall not apply to sailing vessels of any
measurement not exceeding a measurement so specified.]
4[(2) Notwithstanding anything in sub -section ( 1), the owner or master of a vessel which is by
that sub -secti on required to have a pilot, harbour -master or assistant of the port -officer or harbour -
master on board, shall be answerable for - any loss or damage caused by the vessel or by any fault
of the navigation of the vessel, in the same manner as he would have b een if he had not been so
required by that sub -section:
Provided that the provisions of this sub -section shall not take effect till the first day of January,
1918, or such earlier date as the Central Government may notify in that behalf in the Official
Gazette.]
5[(3)] If any vessel, except in case of urgent necessity, enters, leaves or is moved in the port contrary
to the provisions of sub -section (1), the master of the vessel shall for every such offence be punishable
with fine which may extend to two hun dred rupees, unless upon application to the proper officer the
master was unable to procure a pilot, harbour -master or assistant of the p

Excerpt shown. Open the full act in Lexace.

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