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Indian Ports Act – Ch I (Preliminary)

Section 1 - Short title, commencement and application(1) This Act may be called the Indian Ports Bill, 2011.

(2) It shall extend to all ports and to such parts of the navigablerivers or channels leading to such ports, notified under the IndianPorts Act,1908 or Major Port Trusts Act, 1963, or parts of

navigable rivers or channels to which the Government bynotification in the Official Gazette may extend this Act and suchother ports with effect from such date as the Government may,by notification in the official Gazette appoint.

(3) But nothing in section 38 shall apply to any port, river or

channel to which the section has not been specially extended bythe Government.

(4) Part-A and Part-C of this Act shall apply except or otherwisespecifically mentioned, to all Ports and Part-B shall applyexclusively to the Board of Trustees constituted under this Act for

the Major Ports. 

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Indian Ports Act – Ch I (Preliminary)

Section 2 –

 SAVINGS

Nothing in this Act shall

(i) apply to any vessel belonging to or in the service of theCentral Government or a State Government or to any

vessel of war belonging to any sovereign country, andused for the time being, only on Government non-commercial services.

(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 anyorder or direction lawfully made or given pursuant theretowhich is not consistent with the provisions of this Act. 

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Indian Ports Act – Ch I (Preliminary)

Section 3 – Definitions

In this Act, unless there is anything repugnant in the subject orcontext unless or otherwise requires – 

(a) “appointed day”, in relation to a port, means the date on whichthis Act is made applicable to that port;

(b) “Board”, in relation to a Major Port means the Board of 

Trustees constituted under this Act or the Board of Directorsconstituted under the Companies Act, 1956 as the case may befor that Major Port.

(c) “dock” includes all basins, locks, cuts, entrances, gravingdocks, graving blocks, inclined planes, slipways, gridirons,

moorings, transit-sheds and other works and things appertainingto any dock, and also the portion of the sea enclosed or protectedby the arms or groynes of a harbour;

(d) “foreshore”, in relation to a port, means the area between thehigh-water mark and the low water mark relating to the port;

(e) “goods” includes bunkers, ship stores and livestock and everykind of movable ro ert . 

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Indian Ports Act – Ch I (Preliminary)

Section 3 – Definitions

(f) “Government” in respect of major ports, for all purposes, and inrespect of other ports for the purposes of making rules underclauses (m), (n) and (o) of section 6(1) and of the appointment ofand control of the port heath-officers under section 21, means theCentral Government, and save as aforesaid, means the StateGovernment.

(g) “high-water mark”, in relation to a port, means a line drawnthrough the highest points reached by ordinary spring-tides at anyseason of the year at the port;

(h) “immovable property” includes wharfage rights and all otherrights exercisable on, over, or in respect of, any land, wharf, dockor pier;

(i) “Indian Ports Act” means the Indian Ports Bill, 2011(j) “land” includes the bed of the sea or river below high-watermark, and also things attached to the earth or permanentlyfastened to anything attached to the earth;

(k) “low-water mark”, in relation to a port, means a line drawn

through the lowest points reached by ordinary spring-tides at anyseason of the year at that port. 

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Indian Ports Act – Ch I (Preliminary)

Section 3 – Definitions

(l) “Magistrate” means a person as is defined under the Code of Criminal Procedure 1973. 12(m) “Major port” means any port which the Central Governmentmay by notification in the Official Gazette declare, or may underany law for the time being in force have declared, to be a majorport;

(n) “Master”, when used in relation to any vessel making use of any port, means, subject to the provisions of any other enactmentfor the time being in force, any person (except a pilot or harbourmaster of the port) having for the time being the charge or controlof the vessel;

(o) “owner” (i) in relation to goods, includes any consignor,consignee, shipper or agent of any of them for the sale, custody,loading or unloading of such goods; and

(ii) in relation to any vessel making use of any port, includes anypart-owner, charterer, assignee, or mortgagee in possessionthereof;

(p) “pier” includes any stage, stairs, landing place, hard, jetty,floating barge, transhipper or pontoon, and any bridges or other

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Indian Ports Act – Ch I (Preliminary)

Section 3 – Definitions

(q) “Pilot” means a person for the time beingauthorised by theGovernment to pilot vessels;

(r) “Port” includes any part of a river or channel in which this Act is for thetime being in force; or notified as such by the Government for thepurposes of this Act by notification in the Official Gazette.

(s) “port approaches”, in relation to a port, means those parts of the

navigable rivers and channels leading to the port as notified by theGovernment from time to time.

(t) "Port authority" in relation to a Port means an authority on whom theownership, control and management of a port is transferred or vested forthe time being or notified by the Government under this Act or any other 

Act for the time being in force.(u) “Port Trust security” means debentures, bonds or stock certificatesissued by a Board in respect of any loan contracted by it under theprovisions of this Act or issued by any other authority for the payment ofwhich the Board is liable under this Act;

(v) “prescribed” means prescribed by rules or regulations made under this Act. 

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Indian Ports Act – Ch I (Preliminary)

Section 3 – Definitions

(w) “public securities” means – (i) promissory notes, debentures, stock or other securities of theCentral Government or of any State Government. 13

Provided that securities, both the principal whereof and theinterest whereon have been fully and unconditionally guaranteed

by any such Government, shall be deemed, for the purposes ofthis clause, to be securities of such Government;

(ii) debentures or other securities for money issued by or on behalfof any municipal body, Improvement Trust or Port Trust under theauthority of any law for the time being in force in India (including

the Port Trust securities);(x) “rate” includes any toll, due, rent, rate, fee, or charge leviableunder this Act;

(y) “regulations” means regulations made under this Act;

(z) “rules” means rules made under this Act. 

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Indian Ports Act – Ch I (Preliminary)

Section 3 – Definitions

(za) “Ton” means a ton as determined or determinable by the rulesmade under section 74 of the Merchant Shipping Act, 1958 (44 of1958) for regulating the measurement of the gross tonnage ofships;

(zb) “Trustee”, in relation to a major port, means a member of the

Board of Trustees constituted for the port under this Act;

(zc) "Vessel" means a craft intended for navigation and includesfloating craft, pontoons, dredgers or any other floating devicecapable of being used in maritime transport for commercial

purposes. For the purpose of the above definition, vessels alsoincludes pleasure craft, floating hotels or any other floating device;

(zd) “wharf” includes any wall for stage and any part of the land or 

foreshore that may be used for loading or unloading goods, or forthe embarkation or disembarkation of passengers and any wall

enclosing or adjoining the same. 

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Indian Ports Act – Ch III (Port Officials, Their Powers & Duties) 

13. Appointment of Conservator

14. Power of conservator to give and enforce directionsfor certain specified purposes

15. Removal of obstructions within limits of port

16. Recovery of expenses of removals

17. Removal of lawful obstructions

18. Raising or removal of wreck impeding navigationwithin limits of port

19. Power to board vessels and enter buildings

20. Power to require crews to prevent or extinguish fire.

21. Appointment and powers of Health-officer

22. Indemnity of Government against act or default ofport-official or pilot

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Indian Ports Act – CHAPTER-VI

PORT- DUES, FEES AND OTHER CHARGES

39. Levy of port-dues40. Variation of port-dues by Government

41. Port dues on vessel in Ballast

42. Port dues on vessel not discharging or taking in

cargo43. Existing rates, etc., to continue until altered

44. Fees for pilotage and other services

45. Power to collect Port dues

46. Master to report arrival47. Ascertainment of tonnage of vessel liable to port-dues

48. Recovery of rates and charges by distraint of vessel 

49. No port clearance to be granted until port chargesare paid