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THE INDIAN PORTS ACT, 1908

Title : THE INDIAN PORTS ACT, 1908

Year : 1908

THE INDIAN PORTS ACT 1908 1*

[18th December, 1908.]

An Act to consolidate the enactments relating to Ports and Port-charges.

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1. This Act has been amended in its application to the port of Cochin by the Cochin Port Act, 1936 (6 of 1936), s. 2 and Sch.

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CHAPTER I

PRELIMINARY



(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 navigable 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 Act, 1889; (10 of 1889.)

(b) To the other ports or parts of navigable rivers or channels to which the 1*[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 1*[Government].

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1. Subs. by the A. O. 1937 for "L. G.".

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Nothing in this Act shall:

(i) Apply to any vessel belonging to, or in the service of 1*[the Central Government or a State Government] 2*, or to any vessel of war belonging to any Foreign Prince or State, or Amended in Andhra Pradesh by A. P. Act 18 of 1968.Amended in Pondicherry by Pondy. Act 10 of 1969.Amended in Tamil Nadu by T. N. Act 19 of 1975.

Extended to Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and Sch.

The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7 of 1963, s. 3 and Sch. I.

(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 pursuant thereto.

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1. Subs. by the A. O. 1950 for "His Majesty".

2. The words "or the G. of I." omitted by the A. O. 1937.64.

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In this Act, unless there is anything repugnant in the subject or context:

(1) "Magistrate" means a person exercising powers under the Code of Criminal Procedure, 1898, (5 of 1898.) not less than those of a Magistrate of the second class, and includes, in the towns of Calcutta, Madras and Bombay, a Presidency Magistrate:

(2) "Master", when used in relation to any vessel 1*[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 1*[of the port]) having for the time being the charge or control of the vessel 1*[or the aircraft, as the case may be]:

(3) "Pilot" means a person for the time being authorized by the 2*[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 synonymous with master-attendant:

(6) "Ton" means a ton as determined or determinable by the rules made under section 74 of the Merchant Shipping Act, 1958, for regulating the measurement of the gross tonnage of ships:

(7) "Vessel" includes anything made for the conveyance 3*[mainly] by water of human beings or of property:

(8) "Major port" means any port which the Central Government may by notification in the Official Gazette declare, or may under any law for the time being in force have declared, to be a major port: [and] 4*

(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.

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1. Ins. by Act 35 of 1951, s. 188.

2. Subs. by the A. O. 1937 for "L. G.".

3. Added by the A. O. 1937.

4. Subs. and ins. by Act 23 of 1992, s. 2 (w.e.f. 23.1.1994).

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Last updated on April, 2016

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