CHAPTER I(PRELIMINARY
)
SECTIONS
| 1. Title
and extent
|
| 2. Savings.
|
| 3. Definitions.
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|
CHAPTER
II
(POWERS OF THE GOVERNMENT)
| 4. Power
to extend or withdraw the Act or certain portions thereof.
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| 5. Alteration
of limits of ports.
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| 5A. Power
to determine rates of wages and remuneration and to create welfare funds
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| 6. Power
to make port-rules.
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|
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.
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| 9. Power to cut warps and ropes.
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| 10. Removal of obstructions within limits of port.
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| 11. Recovery of expenses of removal.
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| 12. Removal of lawful obstructions.
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| 13. Fouling if Government moorings.
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| 14. Raising or removal of wreck impeding navigation within limits of
port.
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| 15. Power to board vessels and enter buildings.
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| 16. Power to require crews to prevent of extinguish fire.
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| 17. Appointment and powers of health-officer.
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| 18. Indemnity of Government against act or default of port-official
or pilot.
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|
CHAPTER IV
RULES
FOR THE SADDTY OF SHIPPING AND THE CONSERVATION OF PORTS
(General Rules)
| 19. Injuring buoys, beacons and moorings.
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| 20. Wilfully loosening vessel from moorings.
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| 21. Improperly discharging ballast.
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| 22. Graving vessel within prohibited limits.
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| 23. Boiling pitch on board vessel within
prohibited limits.
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| 24. Drawing spirits by unprotected artificial
light.
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| 25. Warping.
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| 26. Leaving out warp or hawser after sunset.
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| 27. Discharge of fire-arms in port.
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| 28. Penalty on master omitting to take order to
extinguish fire.
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| 29. Unauthorised person not to search for lost
stores.
|
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30. Removing
stones or injuring shores of port prohibited.
|
Special Rules
|
| 31. Moving
of vessels without pilot or permission of harbour-master.
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| 32. Provision
of certain vessels with fire-extinguishing apparatus.
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|
CHAPTER V(PORT-DUES, FEES AND
OTHER CHARGES)
| 51. Master
to hoist number of vessel.
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| 52. Pilot
to require master to hoist number.
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| 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.
|
|
56.
Costs of
conviction.
|
| 57.
Ascertainment
and recovery of expenses and damages payable under this Act.
|
| 58.
Cost of
distress.
|
| 59.
Magistrate to
determine the amount to be levied in case of dispute.
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| 60.
Jurisdiction
over offences beyond local limits of Jurisdiction.
|
| 61. Conviction to be quashed on merits only. |
|
CHAPTER VIII(SUPPLEMENTAL PROVISIONS)
| 62. Hoisting
unlawful colors in port.
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| 63. Foreign
deserters.
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| 64. Application
of sections 10 and 21.
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| 65. Grant
of sites for sailors institutes.
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| 66. Exercise
of powers of conservator by his assistants.
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| 67. Service of written notices of directions.
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| 68. Publication
of orders of Government.
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| 68A. Authorities
exercising jurisdiction in ports to co-operate in maneuvers for defence of port.
|
| 69. (Repealed)
|
|
THE PORTS ACT 1908
ACT NO. XV OF 1908
CHAPTER I
(PRELIMINARY
)
1.- (1) This Act may be
called the 2* Ports Act, 1908
| (a)
to the port
mentioned in the schedule3* * *
|
| (b) to the
other ports or parts of navigable rivers or channels to which the 4[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 4[Government].
|
2. Nothing in this Act shall -
| (i) apply to any vessel belonging to or in the
service of his Majesty the 4[Government]5 * * * 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,
|
| (iii) affect any law or rule relating to the
customs or any order or direction lawfully made
or given pursuant thereto.
|
3. In this Act, unless there is anything repugnant in the subject
or context¾
| (i) “Magistrate” means a person exercising powers under the Code of
Criminal Procedure, 1898, not less than those of a Magistrate of the second class6 * * *
|
| (2) “master”
when used in relation to any vessel, means, subject to the provisions of any
person (except a pilotor harbour-master) having for the time being the charge
or control of the vessel :
|
| (3) “Pilot” means a person for the time being
authorized by the 4[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 for the time being in force or regulating the measurement of the net tonnage of British ships :
and
|
| (7) “vessel” includes anything made for the
conveyance by water of human beings or ofproperty:
|
| [(8) 8“major port” means any port which
the 7[Government] may by
notification in the official Gazette 8 declare, or may under any law for the time being in force have
declared to be a major port:
|
| (9) * * * * * * * * * * *
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