Indian Ports Act, 1908: Chapter I

• The Indian Ports Act was enacted in 1908 to consolidate laws relating to ports and port charges.

Chapter I: Preliminary

• The Act can be called the Indian Ports Act, 1908
• It extends to ports in the first schedule and navigable rivers/channels subject to previous Acts.
• The Government extends the Act to other navigable rivers/channels
• Sections 31/32 do not apply unless specially extended by the Government.
• Act excludes vessels belonging to/serving the Central or State Government and warships of foreign entities.
• It does not revoke property or private rights unless expressly stated
• Customs laws/rules remain unaffected.

Definitions

• Magistrate: A person exercising powers under the Criminal Procedure Code, 1973.
• Master: Any person (excluding a pilot/harbor master) in charge/control of a vessel or aircraft.
• Pilot: A person authorized by the Government to guide vessels.
• Port: Any part of a river or channel where the Act is in force.
• Port Officer: Synonymous with master-attendant.
• Ton: A unit determined by the rules under Section 74 of the Merchant Shipping Act, 1958.
• Vessel: Includes anything made mainly for conveying people/property by water.
• Major Port: A port declared so by the Central Government via notification.
• Government: Central Government for major ports, State Government otherwise except for specific sections.

Chapter II: Powers of the Government

• The Government can extend the Act to any port/navigable river/channel.
• The Government can extend sections 31/32 to any port
• The Government can withdraw the Act/sections 31/32 from any port/part thereof.
• Notifications define the limits of the area the regulation refers to.
• Limits may include traffic infrastructure, and shore portions within 50 yards of high-water-mark, provided there aren't any private property rights.
• High-water-mark: Highest point reached by ordinary spring tides annually.
• The Government can alter the limits of any port, provided that there aren't any private property rights.

Power to Make Port Rules

• The Government can make rules for:
• Regulating vessel movement times, speeds, and conditions.
• Regulating vessel berths, stations, and anchorages.
• Managing vessel yards, masts, booms, davits, and boat projection.
• Proper placement/removal of anchors and related equipment.
• Regulating passenger, ballast, and cargo handling, and vessel stations.
• Regulating how oil/water mixtures are discharged and disposed of.
• Regulating vessel bunkering with liquid fuel and barge descriptions.
• Maintaining free port passages and marking spaces.
• Regulating vessel anchoring, fastening, mooring, and unmooring.
• Regulating the moving/warping of all vessels and warp usage.
• Regulating usage of mooring buoys, chains, and moorings, while also fixing rates for usage.
• Licensing/regulating catamarans and boats, determining cargo/passenger quantities, and crew conditions.
• Providing fees for clause (k) services at a specific port.
• Regulating using fires/lights within any port.
• Enforcing/regulating day/night signal usage by vessels.
• Regulating minimum crew numbers on vessels.
• Regulating employment of personnel cleaning vessels, or working in bilges/boilers.
• Preventing public health risks stemming from arrival/presence of any infected vessels, and preventing contagion via vessels.
• Determining signals/anchorage locations for vessels with infectious diseases.
• Planning medical inspection of vessels/personnel.
• Creating questions/inquiries to be answered via masters, pilots, and other vessel personnel.
• Detaining vessels/personnel.
• Assigning duties to be completed due to any such incidents, including masters and health officers
• Managing cleansing, ventilation, and disinfection of vessels/articles.
• Providing a course of action as to how to dispose of the dead from any such vessel.
• Protecting vessel officers/crew from heat by mandating sun-screening.
• Requiring curtains and sun rays double awnings on portions of the deck are occupied.
• Requiring ventilation of officer and crew areas.
• Covering exposed iron decks with non-conducting material.
• Furnishing temporary screens separating crew areas/galley from iron bulkheads.

Additional Information in Rules

• Rules are made after previous publication.
• Rules set by State/Central Government shall be laid before the State Legislature or each House of Parliament.
• Disobeying clause (p) rules leads to fines up to 1,000 rupees.
• Failure to comply with clause (p) may result in the health-officer carrying out said act, while also recovering reasonable expenses.

Chapter III: Port Officials and their Powers and Duties

• The Government appoints a conservator for every port
• Port officers typically serve as conservators.
• Harbor masters are subordinates to the conservator
• Conservators are subject to Government control.

Powers of Conservator

• The conservator can give such directions to a vessel to enforce rule from section 6
• Refusal to follow lawful direction leads to fines (extendable for continuing offenses).
• The conservator is authorized to execute directions, hire people, while also recovering expenses.
• The conservator may cut any warp/rope/cable endangering vessel safety.
• The conservator may remove obstructions from ports.

Obstructions

-The owner is liable for removal expenses and fines for obstructing/causing public nuisance.

• Magistrates can abate nuisances.
• The conservator can recover removal expenses by selling obstructions at public auction.
• Proceeds cover expenses, while also returning the surplus (or unsold materials) to the entitled person.
• The conservator may abate or sell what remains and direct the expenses to be kept.
• The lawfully prolonged conservator reports obstructions, while also removing such with Government compensations.
• Disputes are settled per laws governing the land acquisition for public use.

Fouling of Government Moorings

• A vessel fouling moorings must not lift buoys/moorings without the conservator's assistance, unless in an emergency.
• The conservator must assist immediately.
• Said masters must pay reasonable expenses.
• Violations result in a fine.
• The cost is recoverable through sub section (2) of section 57

Vessel Wrecks

• Wrecked vessels must be removed by the owner following notice.
• Adequate security helps guarantee vessel is raised, removed, or destroyed within specified period.
• Time/period extends relative to navigation.
• The conservator may remove the vessels.
• If immediate removal is required for navigation, the conservator can act without notice.
• Unclaimed or unpaid property can be sold via public auction with proceeds covering expenses.
• The balance is granted to persons who can prove that they were in possession of the property within 3 years

Vessel Boarding

• The conservator/assistants may board vessels/enter buildings for duty performance or suspicion of offenses.
• Officer for collecting fees/charges related to vessels may board vessels for duty performance.
• Master refusal to allow boarding leads to fines.

Power to Require Crews

• The conservator can require masters to provide crew members to prevent/extinguish fires.
• Master refusal results and seaman refusal to obey orders results in fines.

Health Officer

• Officers have powers from the Indian Merchant Shipping Act, 1859, section 71.
• Officers to have power to board ships and medically examine crew and apprentices. Enforcement of log-book production and requiring any such medical documentation as necessary.
• Gathering persons to question and true require sworn declarations.

Government Immunity

• The Government is not liable for port official/pilot actions, or vessel damage from Government equipment, unless under express orders.

Chapter IV: Rules for Shipping Safety and Port Conservation

• Lifting, injuring, or setting adrift navigation markers without cause in a port is prohibited.
• The above offense is punishable with extensive fines or imprisonment.
• Vessel loosening from moorings without leave leads to penalties.
• Improper ballast discharge or mixing oil with water into a port, without permission is illegal.
• The master/personnel committing offenses is punishable with fines and required to expenses, while also desisting from throwing any more material.

Prohibited Activity

• Engaging any vessel in an activity, without conservator’s approval, that harms the conservator’s directions or involves any time or limits where such is outlawed could make the individual punishable by law.
• Drawing off any protected spirits or firearm discharge could warrant fines.
• Obstructing the conservator causes any sort of omissions related to placing vessels in such a stance to combat any sort of fire the person obstructing shall be punishable by law.
• Creeping and sweeping anchors results in punishable action of law.
• Injury or causing harm to shores shall be under payable action.
• If there should be any damage to the shores. It should be under responsible cause the shore.

Vessel Rules

• No vessel should be without the aid of a pilot or other port assistance
• Vessels holding 200 tons in capacity especially should include certain provisions to extinguish any kind of fire emergency.
• Failing to comply to any such requisition can face the master punishable consequences.

Chapter V: Port Dues, Fees, and Other Charges

• In each port listed in the schedule, port dues will collect based on the schedule.
• Dues will be levied based on the Government schedule with vessel characteristics listed.
• The Government can change listings with new declarations.
• Government declares which vessels will have to charge due to entering ports.
• All ports must be leviable due to entering

Ports

• Fees may be charged if any vessel requires measures such as, mooring, pilotage hauling etc.
• Authorities are subject to alter any of these services that can be chargeable
• The port in which is authorized to have fees those officers will receive subject dues, fees, all revenue goes to said act
• Such officer or body shall keep for the port a distinct account, to be called the port fund account, showing, in such detail as the Government prescribes, the receipts and expenditure of the port, and shall publish annually Any such monies must be credited as the fund accounts
• All money for expenses and labour/services for these expenses will come from port fund

Hoisting Signals

• It is necessary that every vessel within a certain district of a river or waterway to signal the crew number by any means.
• At pilot’s requisition those in service are required to hoist the numbers or make safe vessel
• Pilot disobeying Chapter will be liable for 500 fine.

Chapter VII: Provisions With Respect to Penalties

• Any person who violates government orders will liable fine of 100 Rupees if no provision has been made
• A magistrate may order from boat management about the offence the owner has committed and to be fined, apparel etcetera

Additional Penalties

• The magistrate can also cover the convicts costs on top of his expenses.
• If dispute rises the magistrate can apply, expenses, damages, disputes from parties.
• Any person liable must still cover damages regardless means
• Magistrate will handle all other levying the accused and or expenses that may be under order
• Offences can be had by any magistrate jurisdiction depending on its location

Chapter VIII: Supplemental Provisions

• Magistrate rulings shall be upheld without outside influence
• Illegally raised colors in a vessel must be removed and can face potential punishment or liability
• Any foreign seamen to help detain or seize his capture after 12 weeks of detention or said amount that would subsist his stay

Customs Power

• The sections in which the ports are landing or shipping goods with customs and magistrate aid will have similar power to enforce the same order if in the area.
• Local authority can still be in use to better the well-being of sailors.
• All actions such as directions in which conservator made but the official is not required can be done by aid another
• Any writings by one can be deemed to vessel master, official
• Any ruling in which government may be made by official state and every portion must follow such rule by conservator and officer and should hold a responsible cause for inspection by officials.
• In case of any said vessel for the purpose of the defence that Central government is in charge for expenses and it was placed by such authority and damages
• No sort in which actions would be in place other than by sections and actions by officers
• Any authority will be in effect to any of these and the mentioned duties for authorities while it is necessary or required, so the section stays effective.
• Any of these is possible as long it can comply to such

Applications

• Sections 6, 13 to 16,18, 21 and 28. And subsections will have full application with all relations which will affect vessels.
• The Conservator must grant special permissions in addition to the authorized aircraft.
• A part is required to follow all requirements and to the fullest under this act.
• Note:* This summary only covers the provisions in the given text.