The Indian Ports Act, 1908 was enacted on 18th December, 1908. Act shall extend to ports that are mentioned in First Schedule to that portion which are crossable rivers and channels to that station respectively as prescribe in Indian Ports Act, 1875 and to all other station or parts of crossable rivers or channels as prescribe in this act by Government, and also to any port, river or channels to which this act was not specially extended by the government. This Act will not be applicable to any vessel belonging to or is in service of central or state government, divest any person of any of property or other private right as wordily communicate or influence any provisions relating to customs or any order or direction lawfully made or given pursuant thereto. For purpose of this act, “pilot means, a person for time being authorized by government to pilot vessel, “port includes also any part of a river or channel in which this act is for time being in force”, “vessel includes anything made for conveyance specially by water of human being or of property”, “major port means, any port which central government by notification in official gazette declare under law for being in force have declared to be major port”.
Government by notifying in gazette, act will extend to any such port where this act is not applicable or to any part of any passage of river or any other way which leads to port and in which this act is not applicable, also to specially extend to that port or its part where it was not extended, act can even withdraw its extend to any such port or part of port for time being, act has to even define limits of such area which it is extended. Government subject to any rights of private property, alter limits of ports in which act is in force, if limits are alter and shall declare or describe by notification in gazette or by other means as they think fit.
Government subject to any rights to private property alter limits of any ports in which this act is force and government alter limits of port even as they think proper. Government may make rules for purpose that can be, for regulating time and hour and speed and at what distance vessel may invade, vacate or be transfer to any port, regulating berths, station and harbours to be invade by vessel in any such port, for striking yards and for rigging in roar and at backyard of vessel of such port, for vacating or exact draping or depositing of moor, spars and any such other things being in attached to vessel in any such port, for regulating use of mooring buoys, chains, and other such moorings in that port, for regulating use of fire and lights at that port, for enforcing and regulating use of signals or signal lights by vessel by day or by night in any such port etc., every rule made under this act is by state government, before state legislature and if any person breach any of such rule made under this act is punishable for each and every offence made by such person with punishment of fine which may extend to one thousand rupees. If any master fails whole or in part to any act prescribe by act then health officer shall of act done incurred reasonable expense from him.
Conservator is appointed by government for every port, but if where there is port officer then such port officer is conservator of such port and where there is harbour master then such harbour master is conservator, and then in such case on new conservator is appointed. Such conservator appointed by this act will direct that vessel at such port for carrying into effect that is time in force, if there is disobedience of any rule by any person wilfully, or neglects that directions given by the conservator is punished with fine up to one hundred rupees and if such offence continued then fine increase to one hundred for everyday. Conservator of any port may if there is urgency cut or cause any warp, rope, cable or hawser endangering safety of any vessel in such port and is not private property. Conservator may remove any timber, raft, or any such thing which is floating in any part of port which he thinks can be obstacle impedes free navigation and owner of such timber shall be punished by conservator himself or magistrate having jurisdiction with fine to one hundred rupees or be abated.
Health Officer is appointed by government for such port having powers to enter board on vessel and medical examine all or any of seamen or apprentices on board vessel, to require and enforce production of log book and other books and such relayed documents necessary for purpose of health and medical condition of person on board of vessel.
If there is any dispute arising in case of sum to be paid or damages then it has to be referred to magistrate on application made to him by either of party to dispute. Thus, any order, judgement cannot be reject only if there is merit reasoning it can be rejected.
by Samata. H. Joshi.